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Prolonged Occupation and International Law: Israel and Palestine

Edited by: Nada Kiswanson, Susan Power

ISBN13: 9789004503922
Published: March 2023
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £184.00



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This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on “The Threshold from Occupation to Annexation”. The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability.

Subjects:
Public International Law, Other Jurisdictions , Israel
Contents:
Introduction
Author: Nada Kiswanson

Part 1: Legal Frameworks and Characterisations
Chapter 1. Israel’s Unlawful 1967 Invasion of Palestine
Author: John Quigley
Chapter 2. Out of Time: On the (Il)legality of Israel’s Prolonged Occupation of the West Bank
Author: Vito Todeschini
Chapter 3. The Occupation of Palestine from a TWAIL Lens
Authors: Ray Murphy, Anita Ferrara, and Susan Power
Chapter 4. Reducing the Friction: A Functional Analysis of the Transformed Occupation of the Gaza Strip
Author: Aeyal Gross
Chapter 5. Apartheid and International Law in Palestine
Author: John Reynolds
Chapter 6. The Occupation–Colonialism Continuum: Impact on Transitional Justice in Palestine/Israel
Author: Rimona Afana
Chapter 7. Israel’s Military Justice System as an Annexationist Tool
Author: Sahar Francis
Chapter 8. Adaptation under Occupation: Climate Change Vulnerability
Author: Suha Jarrar†

Part 2: Legal Responsibilities and Accountability
Chapter 9. Israel’s Impunity from Peremptory Norms
Author: John Dugard
Chapter 10. Third State Responsibility versus Sanctions in Regulating Trade with Illegal Settlements at the EU
Authors: Manuel Devers and Tom Moerenhout
Chapter 11. Palestine, Israel, and the International Criminal Court
Author: Nada Kiswanson
Chapter 12. Private Sector Responsibility for the Treatment of Palestinian Prisoners and Detainees in Light of the Law and Policy of the International Criminal Court
Author: Shane Darcy
Chapter 13. Prosecuting Systematic Economic Exploitation of Occupied Territory as Pillage
Author: Susan Power
Chapter 14. Criminal Jurisdiction under Occupation: The Oslo Accords and the ICC
Authors: Halla Shoaibi and Asem Khalil
Chapter 15. Domination, Transformation, and Annexation via Utilities
Authors: Marya Farah and Maha Abdallah
Chapter 16. Palestinian Refugees and International Law
Author: Thomas Hammarberg
Bibliography
Index