TY - JOUR
T1 - Having It Both Ways: The Question of Legal Regimes in Gaza and the West Bank
AU - Khen, Hilly Moodrick-Even
PY - 2011
Y1 - 2011
N2 - ABSTRACT The discourse on legal issues deriving from the second Intifada contains many controversial or undecided issues. For example, does Israel have a right to self-defense in Gaza or in the West Bank? What legal regimes should apply in Gaza and in the West Bank? In light of the above questions, the article discusses the differences and similarities of the legal status of these two territories and makes three claims. First, that Gaza and the West Bank should be considered separate legal units, and that different legal regimes should apply in each area. Second, the jus ad bellum, in particular the right to self-defense, can be applied to both the Israeli––Gaza conflict and the situation in the West Bank. Third, that despite the differences between the two legal units, neither of these geographical areas can be administered by a single legal regime.
AB - ABSTRACT The discourse on legal issues deriving from the second Intifada contains many controversial or undecided issues. For example, does Israel have a right to self-defense in Gaza or in the West Bank? What legal regimes should apply in Gaza and in the West Bank? In light of the above questions, the article discusses the differences and similarities of the legal status of these two territories and makes three claims. First, that Gaza and the West Bank should be considered separate legal units, and that different legal regimes should apply in each area. Second, the jus ad bellum, in particular the right to self-defense, can be applied to both the Israeli––Gaza conflict and the situation in the West Bank. Third, that despite the differences between the two legal units, neither of these geographical areas can be administered by a single legal regime.
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SN - 1084-9513
VL - 16
SP - 55
EP - 80
JO - Israel Studies
JF - Israel Studies
IS - 2
ER -