The Advisory Opinion: The Light Treatment of International Humanitarian Law

  title={The Advisory Opinion: The Light Treatment of International Humanitarian Law},
  author={David Kretzmer},
  journal={American Journal of International Law},
  pages={88 - 102}
  • D. Kretzmer
  • Published 1 January 2005
  • Sociology
  • American Journal of International Law
Ever since the occupation of the West Bank and Gaza began in 1967, the Supreme Court of Israel has entertained petitions challenging actions of the Israeli authorities in those territories. The Court has delivered dozens of judgments in which it addressed questions of international humanitarian law in a situation of belligerent occupation. For a long time the Supreme Court was the sole judicial actor in this sphere. While its judgments were subjected to scrutiny and criticism by academics, no… 
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On this point, I fully endorse the analysis and opinion offered by
  • AJIL
  • 2005
at 186; Hans-Peter Gasser, Protection of Civilians
  • 1995
Graber traces the discussions on the question of requisitions and contributions that preceded adoption of the Hague Regulations and shows that the term "needs of the army of occupation
  • 1949
(stating that the term "needs of the army of occupation" was "intentionally chosen as being narrower than necessities of war or military necessities"). a ' Advisory Opinion
Fourth Geneva Convention, supra note 14
  • Art
Historical Development and Legal Basis
Int'l L. Comm'n, pt. 2, at 32, para. 27, UN Doc. A/CN.4/SER.A/1980/Add.l(Part 2). The ILC added that
  • Report of the International Law Commission on the Work of Its Thirty-second Session
Jam'iat Ascan Elma'almoon Eltha'aooniah Elmahduda Elmaoolieh v. Commander of IDF Forces
Lauterpacht claims that the quartering of soldiers in private houses may be regarded as a special kind of requisition in kind