The Israeli Supreme Court and the Incremental Expansion of the Scope of Discretion under Belligerent Occupation Law

Abstract

On December 29, 2009, the Israeli Supreme Court, sitting as the High Court of Justice, delivered its judgment inAbu Safiya v. The Minister of Defense,annulling an order issued by an Israeli Military Commander, which completely barred Palestinians from travelling on Route 443, a major road in the West Bank. This note criticizes theAbu Safiyajudgment as indicative, notwithstanding its specific outcome, of the Supreme Court's ongoing willingness to expand theratione materiaeandratione personaeof occupation law and to allow the military authorities to protect the interests of Israelis in the West Bank, even at the expense of the stronger rights conferred upon the local Palestinian population by thelex specialis—the laws of belligerent occupation.