Law, conflicts, and the role of national judges: The case of the Israeli High Court of Justice

With guest speaker Sharon Weill, Visiting Fellow at Sciences Po-CERI and Lecturer in International Law at PSIA

 
In Rule of Law states, judges can assume different roles while adjudicating cases dealing with issues arising out of armed conflicts. They can variously serve as a legitimating agency of the state; avoid exercising jurisdiction for extra-legal considerations; defer the matter back to the other branches of government; enforce the law; or, develop the law and introduce ethical judgment. The role of the Israeli High Court of Justice in adjudicating cases from the occupied Palestinian territories can be characterized as a combination of mixed attitudes. In some cases the Court has imposed limits on the State, even during active hostilities. In other cases, it has avoided dealing with questions it defined of political nature, or has performed a legitimizing role.  The seminar will focus on the role of the Israeli High Court of Justice with regards to the policy of settlements and the dual legal environment created in the West Bank.

Dr Sharon Weill is a lecturer in international law at PSIA and a visiting researcher at CERI. Her book The Role of National Courts in Applying International Humanitarian Law was published by Oxford University Press in 2014.