The law in the Occupied Palestinian Territories : the role of the Israeli High Court of Justice
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Droits fondamentaux, No 9, janvier 2011 - décembre 2012, 28 p.
National courts of democratic states can assume different roles while adjudicating cases dealing with issues arising out of armed conflicts, depending on their institutional position within their domestic governmental system. They can serve as a legitimating agency of the state; avoid exercising jurisdiction for considerations; defer the matter back to the other branches of the government; enforce the law as required by the rule of law; or, develop the law. This article critically analyses the different functional roles of the Israeli High Court of Justice in its application of IHL, and assesses them in light of the core principles of the rule of law. As the article shows, the functional role of the Israeli court can be characterized as a combination of mixed attitudes.