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24 UCLA J. Int'l L. Foreign Aff. 201 (2020)
Settler Colonialism through the Court: Domestic Interpretations of International Law

handle is hein.journals/jilfa24 and id is 207 raw text is: SETTLER COLONIALISM THROUGH THE COURT: DOMESTIC INTERPRETATIONS OF INTERNATIONAL LAW Mia Lattanzi* ABSTRACT Since 2002, Israel has been building the Separation Wall to divide Israel and certain Israeli settlements from the rest of the occupied Pal- estinian West Bank. The Wall's construction prompted a series of court cases before the International Court of Justice and the Israeli High Court of Justice, debating the Wall's legality under humanitarian and human rights laws. Reaching opposing conclusions, the courts display fundamentally different perspectives on the position of the occupied Palestinian population within the protections of international law. This Comment assesses where the courts' analyses differ and how the Israe- li court's ruling, while claiming compliance with international law, has reverberated through subsequent challenges of Israel's occupation pol- icies, legal scholarship, and international institutions to subvert vital protections for populations living under military occupation. Examin- ing the Separation Wall cases, through the history of the West Bank and the development of the law of occupation, illustrates how the practice of settler-colonial dispossession can be recreated through contemporary international law. J.D., UCLA School of Law, 2019; B.A., Stanford University, 2012. My deepest gratitude to Professor Ash Bali for her advice and encouragement while writing this Com- ment. A very special thanks to Professor Darryl Li for his thoughtful engagement with an early draft during the Junior Scholars Workshop in connection with the Critical Perspec- tives on Race and Human Rights: Transnational Re-Imaginings Symposium in 2019. Thank you to the members of the UCLA Journal of International Law and Foreign Affairs for hosting a remarkable symposium and for their attention to this work.

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