The Wall and the Gate by Michael Sfard

Israel, Palestine, and the Legal Battle for Human Rights

The legal struggle for human rights, like any legal dispute, takes place mostly (though not only) in the courtroom. The swords wielded in this battle are the legal norms—that is, the rules—of any given legal system; these determine what is permitted, what is prohibited, and what powers, rights, and obligations are allowed to people, corporations, and public authorities. Without these two conditions—a law and a court—there is no legal battle. The West Bank and Gaza Strip are not part of the State of Israel. Other territories occupied in 1967, the Golan Heights and East Jerusalem, were put under Israeli law and administration by the legislature (an act that is not recognized by the international community as it defies international law that prohibits the annexation of a territory seized by force).1 Therefore, from Israel’s perspective, its courts have jurisdiction to hear any dispute that arises in the Golan Heights and East […]

The Wall and the Gate by Michael Sfard