Courting Justice? Legitimation in Lawyering under Israeli Occupation

Abstract

Israel has since 1967 administered the West Bank and Gaza Strip through highly legalistic and strongly repressive military governments. Has advocacy in Israeli courts on behalf of Palestinian residents of the West Bank and Gaza Ship has legitimated, and thus helped to perpetuate, ongoing Israeli military occupation of those regions? By examining legitimation in lawyering under lsraeli occupation, insight can be gained into the factors and their relative weights that lawyers facing harsh or repressive regimes must consider in balancing the costs and benefits of litigation to serve a social or political opposition movement. The author concludes that the benefits outweigh the legitimating effects of lawyers' work and that, on balance, Palestinians' election to seek representation in Israeli courts, and lawyers' choice to assist them, has been justified.