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Quoting Uri Weiss (a legal scholar and game theorist):
[...] "Decisions by legal advisors and judges in Israel removed Gaza residents from the protection of the law, and this is what enabled the mass killing in Gaza. German law is part of the continental legal systems, and a parliamentary law removed the Jews there from the protection of the law. In contrast, Israeli law is part of common law systems, where decisions by judges and legal advisors are what removed Gaza residents from the protection of the law.
Uri Weiss argues that Israel's legal system has removed #Gaza residents from legal protection through judicial decisions that denied the status of occupation. He explicitly compares this process to how legal systems were used historically to enable genocide, drawing parallels with the Nuremberg Laws that stripped Jews of legal status before the Holocaust.
The denial of occupation in Gaza was expressed in court rulings that legitimized the starvation of Gaza. For example, In 2007, the Israeli Supreme Court denied that Israel was limiting the amount of food entering the Strip, but confirmed restrictions on fuel and electricity. According to the formula established by the court, Israel was only obligated to transfer "the amount of fuel and electricity required for essential humanitarian needs." A 2008 document from the Israeli military established a "minimum calorie" formula for Gaza residents, which he argues was designed to maintain people just above humanitarian crisis levels.
Hebrew https://www.mekomit.co.il/ההכחשה-המשפטית-של-הכיבוש-סללה-את-הדרך-ל/
[#claude] In continental legal systems (i.e. civil law), codes and statutes are designed to cover all possibilities and judges fill in gaps. In common law systems, case law is analyzed for precedents that are binding on lower courts. Civil law tends to be more conceptual and abstract; common law more pragmatic and concrete. The role of the judge differs dramatically - in civil law they primarily interpret; in common law they can effectively make law through precedent.
@palestine
@israel
@histodons
#Zionism #Nazism
#GazaGenocide
#Holocaust
Apropos the 'minimum calorie' formula for Gaza residents which raises disturbing parallels echoed in Weiss' analysis. Deeply troubling for a country that invokes the #Holocaust while implementing policies (long before October 2023) that employ legal frameworks reminiscent of historical atrocities. But really, we've crossed that bridge long time ago. #Gaza has effectively functioned as a ghetto, treated as such since Israel's withdrawal, which was followed by a twenty-year siege.