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International Humanitarian Law
Brooklyn Journal of International Law
Occupation; Palestinian Territories; Occupied Palestinian Territories; Palestine; Israel; Israeli occupation; West Bank; occupying power; control; international law; prolonged occupation; legal framework; economic development; security; public order; normative interpretive approach; termination; interpretative approach; good faith; temporality; self-determination; Eyal Benvenisti; IHL; international humanitarian law; Adam Roberts; Hague Regulations; Fourth Geneva Convention; Chinkin; ECtHR; ICJ; Ja'amait Ascan; High Court of Justice; Aeyal Gross; Ben-Naftali; Michaeli
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Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …