Today, we are promoting Paul Emeka’s article, found here.
Paul Emeka is the author of The Longest Prejudice, which you can order from Amazon.
The entire following was written by him, and is not owned by Judea Pride in any way.
After the 1967 Arab-Israel war and liberation of Judea Samaria from Jordan occupation, the territory was left in the hands of the military administration to run it. The commanders of the military, without any legal basis for such, gave orders to their surbodinates that cases brought to them are to be settled under the provisions of the Fourth Geneva Convention. The legality and applicability of such order was questioned since it is not clear that Israel is occupying the area and the provisions for applying the Fourth Geneva Convention was then struck off the order and the government adopted a position that the status of the territories is unclear.
Then in waltzes the Supreme Court. Since Israeli law does not apply to Judea Samaria and Gaza, the courts decided that based on the provisions of the basic law of Israel’s chapter 3 of the Judiciary, which stated that the courts have power, “to order State and local authorities and the officials and bodies thereof, and other persons carrying out public functions under law, to do or refrain from doing any act in the lawful exercise of their functions or, if they were improperly elected or appointed, to refrain from acting”, that they can come in and decide cases in Judea Samaria.
When Judges are appointed in Israel, they wer meant to make this pledge, “I pledge myself to be in allegiance to the State of Israel and to its laws, to dispense justice fairly, not to pervert the law and to show no favour.”
In passing judgements on cases brought to them from Judea Samaria, the Judges forgot that pledge to the laws of the state of Israel and made their own laws and rules which has no legal basis whatsoever. They apply the provisions guiding the laws of occupation in that land while there is no basis for such and hence, making it sound like Israel is occupying Judea Samaria and Gaza without any legal foundation or even defining what that occupation entails.