Researchers Orna Ben-Naftali and Eitan Diamond published a study in the Boston University International Law Journal titled: “No Place for Palestinians: The Israeli High Court of Justice Fades Out of the Global Community of Courts – The Farcical Tragedy of the 2022 Judgment on Masafer Yatta.”
This article takes a look at a recent decision taken by the Israeli Court System to evict around 1000 Palestinians from Masafer Yatta in the West Bank declaring the area as a “firing zone.” This case is used to expose problems with judicial decisions concerning Israel’s conduct in the Occupied Palestinian Territories. The paper puts forth multiple arguments. Firstly, from the perspective of international legal doctrine, the decision lacks foundation and is a violation of international law. Secondly, Israel’s legal production and regulation of Palestinian space emphasizes that Palestinians inhabit relegated to a “no-place” while Jewish settlers take over their land. Thirdly, the declaration of the area as a ‘firing zone’ needs to be contextualized, as the Israeli High Court of Justice’s farcical treatment of international law in the case is indicative of change in its approach to international law.
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