Foundations of Civil and Political Rights in Israel and the Occupied Territories PDF Download
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Author: Yvonne Schmidt
Publisher: GRIN Verlag
ISBN: 3638944506
Category : Human rights
Languages : en
Pages : 637
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Book Description
Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, 321 entries in the bibliography, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the
Author: Yvonne Schmidt
Publisher: GRIN Verlag
ISBN: 3638944506
Category : Human rights
Languages : en
Pages : 637
Get Book
Book Description
Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, 321 entries in the bibliography, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the
Author: Esther Rosalind Cohen
Publisher: Manchester University Press
ISBN: 9780719017261
Category : Civil rights
Languages : en
Pages : 352
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Book Description
Social, cultural, civil and political measures. Part VI:
Author: Michael Sfard
Publisher: Metropolitan Books
ISBN: 1250122708
Category : History
Languages : en
Pages : 528
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Book Description
"A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--
Author: David Kretzmer
Publisher: Oxford University Press
ISBN: 0190696044
Category : Law
Languages : en
Pages : 352
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Book Description
Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories. The Occupation of Justice presents a comprehensive discussion of the Court's decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in a territory in which the inhabitants are not part of the political community the Court belongs to. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government's policies. The study shows that while the Court's review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.
Author: Stephen Bowen
Publisher: BRILL
ISBN: 9004481737
Category : Law
Languages : en
Pages : 335
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Book Description
How can international human rights standards - in the civil and political sphere and in respect of economic, social and cultural rights - provide clear guidance for political change? This collection offers the reader an exposition and critical analysis of the agreements between Israel and the Palestinian Liberation Organisation from the perspective of international human rights law. Covered topics include - the relevance and influence of international law on the peace-making process, - the strengths and weaknesses of the agreements and the extent to which they lay the foundation for the realization of Palestinian self-determination and the development of a democratic and civil society, - the status and obligations of both the State of Israel and the emerging Palestinian Authority in respect of the Occupied Territories, and - the continuing role of international actors and non-governmental organisations in promoting respect for human rights during a period of dramatic transition. The position of Palestinian women and the operation of international human rights standards as mechanisms for political change receive particular attention. Scholars concerned with the Middle East and anyone interested in the promotion and protection of human rights in post-conflict situations will appreciate this unique and challenging collection.
Author: Omar Shakir
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages : 217
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Book Description
"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.
Author: Anna Abelmann
Publisher: Springer
ISBN: 3658200197
Category : Political Science
Languages : en
Pages : 178
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Book Description
The German political foundations are a world-wide unique phenomenon. The concept of their international work as both independent organizations and state financed institutes are naturally raising several questions. This book focus on the foundations’ work in Jerusalem, Ramallah and Tel Aviv. This region holds a special position within the German foreign policy due to unique character of the German-Israeli relations and the ongoing Israel-Palestinian conflict. Israeli, Palestinian and German authors contribute to this publication by examining the history, potential influence, scope of action, chances and limits of the foundations in that region from different perspectives and with a specific focus on current developments
Author: Allan Gerson
Publisher: Psychology Press
ISBN: 0714630918
Category : Israel-Arab War, 1967
Languages : en
Pages : 298
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Book Description
Monograph examining the legal aspects and political aspects of Israeli military occupation of the Jordan West bank territory in the light of international law - addresses itself to the historical and juridical basis of the Palestine question, deals with the 1948-49, 1967 and 1973 wars, frontier problems, human settlement and land acquisition in the West bank, the role of UN in peace making, in investigations related to human rights, etc., and appends pertinent Security Council resolutions and other documents. Maps and references.
Author: Human Rights Watch (Organization)
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages :
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Book Description
"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
Author: Human Rights Watch
Publisher: Seven Stories Press
ISBN: 1609808851
Category : Political Science
Languages : en
Pages : 957
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Book Description
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
