Acceso usuarios
Stefano Silingardi
After a brief explanation of the main gaps and loopholes of the existing regulatory framework on belligerent occupation, the paper focuses on the judgement of the Israeli Supreme Court in the Silwad Municipality case (9 June 2020). This concerned the annulment of the “Law on the Regulation of Settlements in Judea and Samaria”, which had been enacted by the Knesset in 2017. On the one hand, the paper examines how in its most recent practice the Israeli Supreme Court diminished its references to norms of international law in decisions that regard the Occupied Territories, whilst it increased its reliance on Israeli constitutional law. On the other hand, from a de lege ferenda perspective, the paper aims to investigate to which extent (if any) it is possible to halt the overall decline of rules of international law on belligerent occupation and to strengthen its status among occupying Powers and their domestic courts.
