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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