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Vol. 21 No. 3 , 2016
The Dual Legal System
Editorial

Following the occupation of the West Bank and Gaza in 1967, Israeli policy was to create new settlements in the Occupied Palestinian Territories under the justification of security. This policy continued until the late 1970s when the High Court of Justice ruled against the confiscation of lands of the village of Rojeeb near Nablus to establish the settlement of Alon Moreh, based on an affidavit by former Chief of Staff Haim Bar-Lev, stating the settlement is not vital for Israeli security.

Consequently, the Israeli authorities have adopted a new method of confiscation by categorizing Palestinian land as state land - knowing that many Palestinian property owners do not have proof of ownership. The Palestinian farmers relied on the fact that everyone knows his land, and there were no disputes over its borders with neighbors.

This turning point proved that the establishment of settlements is not a security need, as has been claimed by successive Israeli governments, but a
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Table of Contents
    Editorial
  1. The Dual Legal System: Apartheid Regime or Two-State Solution ( )

    By Ziad AbuZayyad Vol. 21 No. 3 2016
    2. Focus
  2. Multiple Legal Systems in the West Bank ( )
    The Oslo Accords consolidated the legal structure in the West Bank — comprising local courts, military courts and tribunals, and Israeli civilian courts — that support de facto annexation.
    By Raja Shehadeh Vol. 21 No. 3 2016
  3. Separate and Unequal: Israel’s Dual Criminal Justice System in the West Bank ( )
    Israel has maintained a dual criminal system under which the settler population has virtual carte blanche to essentially dispossess Palestinians of their land.
    By Emily Omer-Man Vol. 21 No. 3 2016
  4. Legal Duality in the Occupied West Bank ( )
    The dual legal systems violate the human rights of West Bank Palestinians under both Israeli and international standards by infringing on their access to justice, human dignity and equality.
    By Hiba Husseini Vol. 21 No. 3 2016
  5. Freedom of Movement v. Restrictions on Movement under the Two Legal Systems ( )
    The dual legal system restricts the freedom of movement of West Bank Palestinians, exerting a decisive influence on their daily lives and basic human rights.
    By Ronit Sela Vol. 21 No. 3 2016
  6. Planning in Area C: Discrimination in Law and Practice ( )
    The international community has an obligation to act against Israel’s settlement enterprise, which obstructs the Palestinian right to self-determination.
    By Marya Farah Vol. 21 No. 3 2016
  7. Legal Pluralism in the Wild West Bank ( )
    While Israeli law cannot be applied in the West Bank without a formal annexation, the plural legal systems of Israeli military and Jordanian laws facilitate the appropriation of Palestinian land and settlement building.
    By Benjamin Pogrund Vol. 21 No. 3 2016
  8. Laws Targeting East Jerusalem: Discriminatory Intent and Application ( )
    Israel has used the recent rise in violence as a pretext to implement extreme measures aimed at expediting its goal of eradicating Palestinian presence from East Jerusalem.
    By Aseil Abu-Baker Vol. 21 No. 3 2016
  9. Planning Apartheid and Human Rights in the Occupied Palestinian Territories ( )
    It is important to frame the situation in Israel-Palestine in the context of colonialism for the application of the human rights and a full understanding of the dual legal system in the West Bank.
    By Netta Amar Vol. 21 No. 3 2016
  10. The Dual Legal System in Gaza ( )
    Despite the 2005 withdrawal of Israeli forces, the Gaza Strip's economy, including the movement of individuals as well as goods, remains under Israeli military control.
    By Ali Abu-Shahla Vol. 21 No. 3 2016
  11. After 50 Years: Save Israel, Stop the Occupation ( )
    Jews who care about their Jewish identity and Israel need to join the struggle to save Israel from nationalist, anti-democratic, racist, and xenophobic currents.
    By Izhak Schnell and Daniel Bar-Tal Vol. 21 No. 3 2016
  12. Settlements and Ethnic Cleansing in the Jordan Valley ( )
    In recent years, the Israeli government has intensified its settlement activities in the Jordan Valley, in a policy that essentially amounts to ethnic cleansing.
    By Khalil Tufakji Vol. 21 No. 3 2016
  13. A Never-Ending Occupation: The End of Hope? ( )
    Israel must either end the occupation and recognize Palestine, or grant equal rights to Palestinians until the longer-term future is determined.
    By Tony Klug Vol. 21 No. 3 2016
  14. International Law and the Occupied Territories ( )
    There is indeed an international law applicable to the occupation, which dates back to the ius gentium practiced 2000 years ago in what is now Israel and the territory it occupies.
    By Peter Weiss Vol. 21 No. 3 2016
  15. Israel’s Control of the Territories - An Emerging Legal Paradigm ( )
    Israel’s Control of the Territories - An Emerging Legal Paradigm ..............................102 Israel has moved from the paradigm of "de facto occupation" to those of "outsourcing" via the Palestinian Authority and "assimilation" by applying Israeli constitutional standards in Area C.
    By Amichai Cohen Vol. 21 No. 3 2016
    16. Roundtable
  16. The Dual Legal System ( )
    Saman Khoury, Ali Abu Shahla, Ilan Baruch, Benjamin Pogrund, Charles Shamas, Moshe Maoz, Ronit Sela, Beyhan Senturk, Omran Shroufi, Nisreen AbuZayyad, Hillel Schenker and Ziad AbuZayyad.
    Vol. 21 No. 3 2016
    17. Interview
  17. There will not be a stable peace without justice and accountability ( )

    By Eitay Mack Vol. 21 No. 3 2016
    18. Viewpoint
  18. Advancing the Peace Camp: Becoming Both a Scientist and a Prophet ( )
    The peace camp can convince more people by speaking the language of traditional Jewish hearts — by combining our rational view with empathy, solidarity, and emotional and cultural content.
    By Avraham Shomroni Vol. 21 No. 3 2016
    19. Book Review
  19. Britain’s Moment in Palestine: Retrospect and Perspectives, 1917– 48 ( )

    Vol. 21 No. 3 2016
    20. Culture, Literature and the Arts
  20. On The Law in These Parts ( )
    Looking at the legal system and what happens to law in these circumstances can teach us how the basic values of democracy are endangered by the occupation.
    By Ra’anan Alexandrowicz Vol. 21 No. 3 2016
  21. A Letter to Mahmoud Darwish ( )
    A poetic tribute to the Palestinian national poet on his 75th birthday
    By Muhammad Ali-Taha Vol. 21 No. 3 2016
    22. Books and Publications Received
  22. Recently Received ( )
    Recently Received Books and Publications
    Vol. 21 No. 3 2016


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