The Center for Human Rights and Legal Pluralism and the Oppenheimer Chair in Public International Law are pleased to present:
“A Venue for Justice or an Occupation Accomplice?: The Israeli High Court of Justice and the Israeli Settlements in the Occupied West Bank”
When: Friday October 13th, 13:00-14:30
Where: New Chancellor Day Hall, McGill Faculty of Law, room #609
This talk will provide an overview of how the Israeli Supreme Court of Justice (HCJ) has interpreted and applied principles of the international law of occupation in adjudicating petitions that were filed by Palestinians to challenge the legality of security based measures that were implemented for the alleged safety of Israeli settlements and settlers in the occupied West Bank after the outbreak of the Second Intifada (2000) .
The first element to consider is the extent to which the Court has provided Palestinian petitioners with a venue for an effective domestic remedy for alleged violations of their internationally protected rights. The research adopts the HCJ’s position that the international law of occupation is guided by an internal logic of balancing between the Occupant’s security requirements and the fundamental rights of the occupied population. It also espouses that this logic is reflected in the three normative principles underlying this body of law: stating that occupation is ‘temporary’, that it is a form of trust, and that it does not bestow sovereignty by the Occupant over the occupied territory. Hence, the second question that the research attempts to answer is whether the Court’s adjudication has promoted or undermined those principles.
Speaker Bio: Rouba Al-Salem has an undergraduate degree in International Relations from the American University in Cairo. Later, she obtained a Master of Arts in Middle East Politics from Exeter University (UK) and a Master of Law in Public International Law from the London School of Economics and Political Science (UK). In 2016, she graduated with a PhD in law from Montreal University’s faculty of law and is currently a postdoctoral (Steinberg) fellow in international migration rights and policy at the Center for Human Rights and Legal Pluralism (McGill) for the year (2017-2018). In the past, she has worked in and on human rights issues as they relate to the Middle East region, including for the UN Office of the High Commissioner for Human Rights.
Moderator: Professor François Crépeau, Director, McGill Centre for Human Rights and Legal Pluralism
Coffee and Tea will be served. Please RSVP at email@example.com