Ahmed Abu Sulieman Aldarawi et al v State of Israel et al, Supreme Court sitting as High Court of Justice, Case No ___, Date ___

Question presented:

Does the separation Wall between Israel and the West Bank inevitably violate so many Palestinian human rights and so much international law that it should be halted immediately? Are there other courses of action available, including ending the Occupation, to achieve the same security objective, without causing the wholesale violation of Palestinian human rights? Does construction of the Wall violate the American law that bars U.S. loan guarantees from being used for West Bank settlement construction or support as well as the Road Map, sponsored by the U.S. and other members of the Quartet? Does the Wall promote racism and lead to a ghetto mentality?

State of Israel v Ascherman, Arik et al, Jerusalem District Court, Criminal Case # 003751/03, 1/31/04

Issues presented:

The eviction of residents from and demolition of homes due to the Systematic Denial of building permits violates the government of Israel’s legal obligations under the International Covenant on Economic, Social and Cultural Rights.

The eviction of residents from and demolition of homes due to the denial of building permits constitutes unlawful forced evictions in violation of the government of Israel’s legal obligations under the Covenant on Economic, Social and Cultural Rights.

The Eviction of Palestinian Residents of East Jerusalem From and Demolition of Their Homes is the Result of Unlawful Discrimination and Violates the Government of Israel’s legal Obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

As the forced evictions and demolitions at issue have occurred in occupied East Jerusalem, they also amount to grave breaches of humanitarian law.

The Defense of Necessity protects those who peacefully seek to prevent gross violations of human rights, grave breaches of humanitarian law, and war crimes from occurring.