ABSTRACT

The Israeli Supreme Court, mainly through its decisions as a High Court of Justice, has over the years formulated the unwritten Israeli bill of rights. The government was ready to have its acts in the territories scrutinized by the High Court according to Israeli and international laws, including the Fourth Geneva Convention. The “export” of Israeli administrative law to the territories could have meant, as it means within Israel, the establishment of a legal order that pursues the welfare of the local population and upholds the rights of individuals. As early as 1972, the court included the Jewish settlers as part of the local community, whose interests, therefore, the military authorities also had to take into consideration in their decisions. Although the High Court has applied the principles of Israeli administrative law to the conduct of the military government, the deep conflict between the latter and the local population prevented the court from exporting Israeli standards.