The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (review)

Abstract

Albany: State University of New York Press, 2002. 262 pp. $21.95. This is an important book. Professor David Kretzmer provides a wealth of information about Israeli policies the territories it has occupied since the 1967 war. More important, perhaps, he demonstrates the limited ability of any judicial authority to restrain military actions a war-like situation. The Occupation of Justice is a must read for anyone interested either subject. The Supreme Court is an active policymaker within the Israeli political system. Relatively early Israeli history, the civil courts won their independence from direct political intrusions. Since Israeli democracy is based upon a wide-open, robust competition among a multitude of political parties, Israelis came to value decisions based on non-partisan considerations. Over the years, the Court became increasingly activist, especially the matters relating to individual rights. The Supreme Court took the lead institutionalizing liberal, democratic values Israeli society. This judicial approach, and the public's response to it -- the Supreme Court enjoys public support that is second only to that of the Israel Defense Forces -- has resulted a situation which the net of judicial review extends over all arms of government and over almost all types of activities. It is not surprising, therefore, that Palestinians the occupied areas brought cases to the Supreme Court sitting as the High Court of Justice. (In that capacity, the Supreme Court, sitting as a court of first instance, has the jurisdiction and is authorized to grant relief against government actions in the interests of justice.) What is surprising is that Palestinians the occupied areas were granted access to the Israeli High Court by a decision of the Government not to oppose such applications. Allowing residents of an occupied area access to the courts of the occupying nation is unprecedented international law and was not authorized by Israeli statutes. With the passage of time, however, Supreme Court decisions treated it as accepted practice. Thus the High Court of Justice deals with Palestinian claims that the Israeli occupying authorities have exceeded or misapplied their powers the same way that it hears petitions by Israeli citizens against their own government's decisions. In clear, concise language that is easily understandable by the non-lawyer, Professor Kretzmer addresses the policies that have resulted from the unprecedented review by the Supreme Court over the Israeli government's actions the occupied territories. Part I examines the basis for the Court's jurisdiction, the substantive norms applied by the Court, and its attitude to the application and interpretation of international law. Part II discusses the High Court's decisions relating to two major political issues: the establishment of Israeli settlements the West Bank and Gaza Strip and the status of the Palestinian residents of those areas. Part III focuses on how the High Court has handled petitions challenging security measures against Palestinians the occupied territories. This framework enables Professor Kretzmer to conclude with a well-documented and insightful set of conclusions. …