August 6, 2018

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Fact and Fiction About the Amendment of the Israeli Supreme Court's Jurisdiction Over West Bank Cases (Elena Chachko, Amichai Cohen  Monday, August 6, 2018, LawFare)

The Israeli legislature has taken another step toward blurring the lines distinguishing the Israeli legal system from the one that exists in the West Bank. The Knesset recently passed an amendment that transfers original jurisdiction over certain cases concerning the West Bank from the Supreme Court of Israel (in its capacity as the High Court of Justice) to the Administrative Affairs Court in Jerusalem (a subdivision of the Jerusalem District Court). The amendment's proponents, chiefly the right-wing Jewish Home party, have publicly asserted that it would make it more difficult for the Supreme Court to order the removal of illegal West Bank outposts and settlements. But a look at the amendment's language reveals that it actually does something quite different. [...]

As leaders of the Jewish Home party, including Justice Minister Ayelet Shaked, have repeatedly stated, the amendment primarily serves to advance the so-called "normalization of Judea and Samaria." It deviates from the longstanding convention that Knesset legislation only applies within Israel's sovereign territory. Legal adviser Bligh underscored this issue during the parliamentary committee deliberations, noting that the amendment would be the first time that Knesset legislation specifically refers to Jordanian planning and construction law applicable in the West Bank. 

Posted by at August 6, 2018 4:26 AM

  

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