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  1. ha-Mishpaṭ ha-benleʼumi ben milḥamah le-shalom

    Ben Naftali, Orna
    [Ramat Aviv] : Hotsaʼat Ramot, 2006.

  2. The ABC of the OPT : a legal lexicon of the Israeli control over the occupied Palestinian territory

    Ben Naftali, Orna
    Cambridge ; New York ; Port Melbourne ; New Delhi ; Singapore : Cambridge University Press, 2018.

    "Beginning on the 5th of June and ending six days later, the 1967 war was brief. During these few days, Israel gained control over the West Bank of the Jordan River, the Gaza Strip, the Sinai Peninsula and the Golan Heights. Within pre-1967 Israel, East Jerusalem (located in the West Bank) has been subsumed into Jerusalem. Jewish settlements began to be built in the OPT already in 1967. Half a century later, there are approximately 2.7 million Palestinians and over 586,000 Israelis living in the West Bank including East Jerusalem. Most Palestinians and Israelis know no other reality. Law has played a significant role in the making and maintaining of this reality. This role is the focus of [this book]."--Israel's half-a-century long rule over the West Bank and Gaza Strip, and some of its surrounding legal issues, have been the subject of extensive academic literature. Yet, to date, there has been no comprehensive, theoretically-informed, and empirically-based academic study of the role of various legal mechanisms, norms, and concepts in shaping, legitimizing, and responding to the Israeli control regime. This book seeks to fill this gap, while shedding new light on the subject. Through the format of an A-Z legal lexicon, it critically reflects on, challenges, and redefines the language, knowledge, and practices surrounding the Israeli control regime. Taken together, the entries illuminate the relation between global and local forces - legal, political, and cultural - in Israel and Palestine. The study of the terms involved provides insights that are relevant to other situations elsewhere in the world, particularly with regard to belligerent occupation, the law's role in relation to state violence, and justice.

  3. International humanitarian law and international human rights law : pas de deux

    Oxford [England] ; New York : Oxford University Press, 2011.

    The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

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