Transfer of OPT petitions from the High Court to the Court for Administrative Affairs in Jerusalem

High Court By: ACRIHigh Court By: ACRI

Memorandum on Administrative Affairs Courts Law (amendment – a decision of an authority in the area) 5768 – 2018

According to a legal memorandum drafted by the Justice Ministry, petitions relating to the Occupied Territories, which were thus far brought before the High Court of Justice, will be referred instead to the Administrative Affairs Court in Jerusalem. The memorandum refers to petitions submitted by Palestinians and by settlers relating to four issues: Freedom of information, planning and building, entry and exit from the West Bank, and administrative restraining orders. This bill is part of a political process in which Israel’s aspirations of annexing the West Bank are promoted through the blurring of the substantial distinction between sovereign Israel, where a democratic regime applies, and the occupied territories, which are under a military regime.

ACRI opposes the bill because of the potential harm to the human rights of the Palestinian population, and due to the attempt to change the nature of Israeli control over the occupied territories and to approach them as an “internal Israeli matter”.

Israel’s longstanding military control of the West Bank is an anomalous situation that takes place outside the borders of the sovereign State of Israel. It entails extensive and extreme human rights violations, and involves complex and sensitive issues relating to foreign affairs and defense. In light of the distinct international laws that apply to occupied territory, the existence of two different legal systems that discriminate between Palestinians and settlers, due to the risk of grave harm to the Palestinian population through the actions of the military authorities, and as they lack access to additional means of defending themselves aside from appealing to the Israeli court, ACRI’s stand is that the bill should not be promoted

Current status: At the memorandum stage. To Review the memorandum (Hebrew) click here.

To review ACRI’s comments (English) on the memorandum, click here, 25.1.2018.

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Categories: Anti-Democratic Initiatives, The Occupied Territories

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