Chapter

Legal Discourses and the Conflict in Israel/Palestine

Lisa Hajjar

in Courting Conflict

Published by University of California Press

Published in print January 2005 | ISBN: 9780520241930
Published online March 2012 | e-ISBN: 9780520937987 | DOI: http://dx.doi.org/10.1525/california/9780520241930.003.0003
Legal Discourses and the Conflict in Israel/Palestine

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This chapter describes the development of legal doctrines and debates about the legality of Israeli rule in the West Bank and Gaza, including a discussion of the development of human rights activism in this area. It also reviews the subsequent development of a counterdiscourse that criticizes and challenges the state's interpretations and uses of law and the claims of legality of state policies and practices that harm the interests or infringe on the rights of Palestinians. The legal debates, policy developments, and litigation relating specifically to interrogation and torture are considered. The High Court of Justice has played an important role in supporting and sanctioning military and administrative policies that have negatively affected Palestinians. The outbreak of the Palestinian intifada in December 1987 had dramatic effects on all aspects of Israeli-Palestinian relations.

Keywords: West Bank; Gaza; human rights; state policies; litigation; High Court of Justice

Chapter.  11209 words. 

Subjects: Asian History

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