Case note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri et al. v. IDF Commander(2002)
AbstractThe case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention). The Court's ruling on the matter in question highlighted the fact that, while State Courts in other countries continue to refrain from putting measures undertaken by MCs of their respective armed forces under legal scrutiny, the HCJ sustains a longstanding tradition of such scrutiny; The HCJ’s gates have been open since the early 1970's to petitions filed by residents of the West Bank and the Gaza Strip, seeking to reverse decisions taken by the respective MCs. It should be noted that the fact that petitioners in such cases have standing in court cannot and should not be taken for granted. It is in fact a unique legal phenomenon that has granted the HCJ both thistles and roses. On one hand, some of the fiercest critics claim that the HCJ's decisions serve as means of legitimizing the Israeli occupation's actions. On the other hand, praisers claim that the Court serves to ensure the rule of law. While this Note takes a rather critical view of the narrative provided in the court’s decision, it should not be regarded as supporting the former thesis.
- Geneva Convention,
- Belligerent Occupation,
- Laws of War
Publication DateDecember, 2002
Citation InformationReuven Ziegler. "Case note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri et al. v. IDF Commander" (2002)
Available at: http://works.bepress.com/ruvi_ziegler/3/