Legitimising the Illegitimate

Since the extension of the jurisdiction of the Israeli High Court of Justice (HCJ) to encompass the OPT very early on in the occupation, Palestinians have been petitioning the Court regularly, with generally little positive effect. This short study seeks to tackle broadly the issues and concerns facing all those charged with legally protecting the rights of Palestinians. From this analysis it becomes apparent that more often than not, in matters relating to the OPT, the Court misconstrues norms and provisions of international law essential to the protection of the Palestinian civilian population or simply fails to address them. Instead, it tends to endorse the position of the Israeli military and government authorities through flawed and often politically subservient legal reasoning.

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