Israeli law is enforced in Israeli settlements and among Israeli civilians in Area C of the West Bank, a Palestinian territory under military occupation and therefore otherwise subject to military law. Some provisions are applied on a personal basis, such that it applies to Israeli residents rather than territory. Application of the laws has created "enclaves" of Israeli law in the Israeli-occupied West Bank,[1][2] and the terms "enclave law" and "enclave-based justice" describe the resulting legal system.[3]
In parallel, other portions of Israeli law, including Israeli criminal law, are applied to Israelis on a personal basis in the West Bank.[1] Since January 2018, all laws proposed in the Knesset are actively considered vis à vis their application to the Israeli settlements in the West Bank.[4][5][6]
The existence of a dual system of laws for Israelis and Palestinians in the West Bank has been used as evidence by those who claim that Israel practices apartheid in the region.[7][8][9][10][11][12]
- ^ a b Orna Ben-Naftali; Michael Sfard; Hedi Viterbo (10 May 2018). The ABC of the OPT: A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory. Cambridge University Press. pp. 52–. ISBN 978-1-107-15652-4.
- ^ Gilead Sher, The Application of Israeli Law to the West Bank: De Facto Annexation?, INSS Insight No. 638, December 4, 2014
- ^ ACRI 2014, p. 21.
- ^ Cite error: The named reference
Jan18JPwas invoked but never defined (see the help page). - ^ Cite error: The named reference
Jan18ASwas invoked but never defined (see the help page). - ^ Cite error: The named reference
Jan18Hwas invoked but never defined (see the help page). - ^ A Threshold Crossed, Human Rights Watch, April 27, 2021, "The application of dual bodies of laws has created a reality where two people live in the same territory, but only one enjoys robust rights protection.... Discrimination also pervades every aspect of the criminal law and detention system."
- ^ Ziad AbuZayyad, The Dual Legal System: Apartheid Regime or Two-State Solution, Palestine-Israel Journal, Vol. 21, No. 3, 2016
- ^ The Israeli Occupation of the West Bank and the Crime of Apartheid: Legal Opinion, Yesh Din, 2020: "2.6.3 Dual Legal System"
- ^ John Dugard, John Reynolds, Apartheid, International Law, and the Occupied Palestinian Territory, European Journal of International Law, Volume 24, Issue 3, August 2013, Pages 867–913, https://doi.org/10.1093/ejil/cht045
- ^ Israeli Practices towards the Palestinian People and the Question of Apartheid, Executive Summary, 19 June 2017; https://doi.org/10.1111/mepo.12265
- ^ Falk & Tilley (ECSWA), (2020), Israel Practices towards the Palestinian People and the Question of Apartheid, The Palestine Yearbook of International Law Online, 20(1), 201-263. doi: https://doi.org/10.1163/22116141_020010010