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Comment by a5994yt67 | Hacker News Reader

Respectfully, I understand you're looking at this through a purely logical lens based on the rent dispute and its history. When first hearing about this in the news I did the same. However, reading more about it, I realized that the broader context here is crucial - my evaluating the situation purely through the lens of the facts of the dispute presupposed that Israel has a right to apply law here in the first place.

Based on a recent statement from the UN, I don't believe Israel has this right (https://news.un.org/en/story/2021/05/1091492). My inclination to evaluate the situation purely on the facts of the dispute implies that Israel does. Regardless of how long ago this all came to be, Israel remains an occupying power in the eyes of International Law. The laws and courts of Israel should not apply here.

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Whose courts and what legal system is appropriate? Progress on the two-state solution has been stalled for years and the PA is at best a quasi-government that is not yet able to enforce its laws or exert control across its entire territory. The PA still relies on the Israeli government to manage the West Bank and they have basically lost control of the Gaza Strip. Has there even been an effort to bring this case before a Palestinian court?

[Edit: I did not downvote you.]

Thanks for the thoughtful reply. I’m not sure regarding any efforts to bring this case before a Palestinian court. I completely agree that the PA is ineffective at governing and deserves much criticism for the current state of affairs. Progress on the two state solution has been stalled for years and reaching any agreement at times seems like a pipe dream.

My understanding from the UN link that I shared is that international law applies here as Israel is an occupying power. I am not sure whether there is an international court to hear this dispute and rule according to the applicable international law. If there isn’t, though, I can’t bring myself to justify that Israel has the right to apply its laws and courts in order for there to be some system of law and order. Even if the PA is in effect ceding this responsibility to Israel through incompetence, applying Israeli law and adjudicating in Israeli courts sets a precedent that any occupying nation can do this in land that is not internationally recognized as their own so long as there is no functioning law and court system in that land. To me accepting this as precedent feels like a slippery slope toward an invitation for nations to engage in annexation and colonialism.

I didn't downvote you and respect your pragmatic view of research and coherent well thought-out out replay. East Jerusalem is an annexed territory where the residents have an Israeli citizenship which is different from the west bank so in my opinion Israel law does apply and the specific International law/UN opinion does not apply.

I'm eager to understand the positions of those who downvoted my comment here. The situation between Israel and Palestine is fraught with deep mistrust and misunderstanding, and I am eager to engage with those who don't agree with my comment to better understand theirs.

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