Jim #41 - Comment - Israel News | Haaretz Daily Newspaper
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    • 12.04.10 | 23:09 (IDT)

    "Whereas the High Court of Israel has already ruled that: 1) the West Bank is occupied territory; and 2) that Israel is the occupying power; it remains only to extend these same rulings to Gaza. The problem is not the court`s reluctance to decide the issue. The problem is to get the case before the court to start with." - Jim You are correct that the israeli Supreme Court made these findings (already in 1978, the Elon Moreh case). In the last 3-4 years, the Supreme Court was, and is under continuous attack by forces which want to reduce its power, essentially by right-wing people who like their own "higher" laws. Since Israel has no constitution, it takes only majority of Knesset members to make the change. A decision by the Court which would antagonize many, will energize the right-wing. Therefore, I think the Court will try to avoid a decision on the merits of the Gaza status. How to raise the issue before the Court is what I suggested. A Gazan living in the West Bank can claim that the West Bank and Gaza are held as a unit under occupation. Alternatively, he can rely on the Israeli position that Gaza is "abroad", so that he cannot be expelled abroad under the Geneva Convention...

    from the article: IDF bid to expel West Bank Palestinians is a step too far
    First published 02:08 12.04.10 | Last updated 04:38 12.04.10
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