28.03.2010|Judgment|Judgment / Supreme Court
HCJ 2690/09 - Yesh Din et al. v. IDF Commander in the West Bank et al. Judgment
Judgment in a petition by HaMoked, Yesh Din and ACRI against the incarceration of OPT detainees and prisoners inside Israel and the holding of remand proceedings there. The Court rejects the petition, finding no cause to depart from the prevailing case law, whereby, if an Israeli practice contradicts the rules of international humanitarian law but conforms to primary Israeli legislation, the latter prevails. Implicitly, the Court also seems to deny that Israel is an occupying power, simultaneously interpreting the Geneva Conventions with leniency towards Israel, explained by the need to consider the protracted holding of the Area, and the fact that holding Palestinians inside Israel is only to their benefit.
