Our Disengagement Programme Begins with a Packed House…
Israeli Legal Expert, Professor David Kretzmer speaks on Disengagement

In association with the British Israel Law Association

Thursday 18th August 2005 8.00pm
Hampstead Britannia Hotel, Primrose Hill Road,
London NW3 3NA

The Britannia Hotel in Hampstead was packed to capacity as Professor David Kretzmer, Professor of International Law at the Hebrew University gave an overview of the political and legal aspects of the Disengagement.

The event was held in conjunction with the British Israel Law Association, and chaired by Jonathan Morris, vice-chair of BISLA and long time New Israel Fund supporter.

Professor Kretzmer began by presenting a map of the Gaza settlements, which showed how large chunks of the area, densely populated with a population of close to 1.5 million people, had been allocated for the settlement of 8,000 people. After questioning the moral justification for the settlement policy in Gaza he examined its legal basis.. He exposed the disparity between the political arguments of the government and the legal arguments it made over the years before the Supreme Court of Israel. While on the political and international level the government contested whether Gaza and the West Bank should be regarded as occupied territory, before its own highest court it accepted that the applicable legal regime was one of belligerent occupation. Based on this regime the Supreme Court ruled over the years that all settlements were temporary and could be removed if the military occupation was ended.

Referring to recent Supreme Court decision in the case by the Regional Council of Gaza Beach challenging the constitutionality of the Knesset law on the disengagement, Professor Kretzmer stated that the majority of the Court (10 of 11 judges) had simply followed the previous legal precedents on the status of the territories and the settlements. The minority judge abandoned the legal precedents of the Court itself and latched on to political statements of various government ministers that all settlements were permanent.

The question of the legal status of Gaza after disengagement was also briefly discussed. Professor Kretzmer explained that the legal test of occupation is “effective control”. Lawyers disagree whether the area of Gaza will remain occupied territory under international law if Israel continues to control all of its borders, seaports and airspace.
Professor Kretzmer’s lucid and insightful analysis was followed by a lively discussion with the audience.

Professor Kretzmer also revealed he was on the founding board of New Israel Fund and thanked all those present for their support at this crucial time.