Is There A Court For Gaza
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Is There A Court For Gaza
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Author : Chantal Meloni
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-16
Is There A Court For Gaza written by Chantal Meloni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-16 with Law categories.
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Is There A Court For Gaza
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Author :
language : en
Publisher: Springer
Release Date : 2012-03-21
Is There A Court For Gaza written by and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-21 with categories.
Palestine And The International Criminal Court
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Author : Seada Hussein Adem
language : en
Publisher: Springer
Release Date : 2019-04-05
Palestine And The International Criminal Court written by Seada Hussein Adem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-05 with Law categories.
This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine’s statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC’s involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia./div
Courting Conflict
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Author : Lisa Hajjar
language : en
Publisher: Univ of California Press
Release Date : 2005-01-31
Courting Conflict written by Lisa Hajjar and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-31 with History categories.
Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
Applied Family Law In Islamic Courts
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Author : Nahda Shehada
language : en
Publisher: Routledge
Release Date : 2018-03-20
Applied Family Law In Islamic Courts written by Nahda Shehada and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Law categories.
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
The Occupation Of Justice
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Author : David Kretzmer
language : en
Publisher: Oxford University Press, USA
Release Date : 2021
The Occupation Of Justice written by David Kretzmer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--
Palestine And Israel
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Author : John B. Quigley
language : en
Publisher:
Release Date : 1990
Palestine And Israel written by John B. Quigley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with History categories.
Quigley (law, Ohio State) details the complex politics and agonizing struggles that have characterized the clash between Jews and Arabs in the 20th century, examining the competing claims to Palestine and the extent to which legitimate interests remain to be fulfilled. Annotation copyrighted by Book News, Inc., Portland, OR
The Punishment Of Gaza
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Author : Gideon Levy
language : en
Publisher: Verso Books
Release Date : 2010-05-17
The Punishment Of Gaza written by Gideon Levy and has been published by Verso Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-17 with Political Science categories.
Israel’s 2009 invasion of Gaza was an act of aggression that killed over a thousand Palestinians and devastated the infrastructure of an already impoverished enclave. The Punishment of Gaza shows how the ground was prepared for the assault and documents its continuing effects. From 2005—the year of Gaza’s “liberation”—through to 2009, Levy tracks the development of Israel policy, which has abandoned the pretense of diplomacy in favor of raw military power, the ultimate aim of which is to deny Palestinians any chance of forming their own independent state. Punished by Israel and the Quartet of international powers for the democratic election of Hamas, Gaza has been transformed into the world’s largest open-air prison. From Gazan families struggling to cope with the random violence of Israel’s blockade and its “targeted” assassinations, to the machinations of legal experts and the continued connivance of the international community, every aspect of this ongoing tragedy is eloquently recorded and forensically analyzed. Levy’s powerful journalism shows how the brutality at the heart of Israel’s occupation of Palestine has found its most complete expression to date in the collective punishment of Gaza’s residents.
Detainees Denied Justice
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Author : Gerald Simpson
language : en
Publisher: BRILL
Release Date : 2021-10-25
Detainees Denied Justice written by Gerald Simpson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996. With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.
Conflicts In A Conflict
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Author : Michael Karayanni
language : en
Publisher: Oxford University Press
Release Date : 2014-04-30
Conflicts In A Conflict written by Michael Karayanni and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.