Elena Chachko

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Elena Chachko is a doctoral candidate and Lecturer on Law at Harvard Law School, and a Global Order Post-doctoral fellow at Perry World House, University of Pennsylvania. She was previously an international Security Program fellow at the Belfer Center, Harvard Kennedy School. Prior to her doctoral studies, Elena clerked for Chief Justice Asher D. Grunis on the Supreme Court of Israel. She has also worked at the United Nations Office of Counterterrorism and the Israeli Ministry of Foreign Affairs, where she focused on arms control and non-proliferation of weapons of mass destruction.

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Israel-Palestine

Fact and Fiction About the Amendment of the Israeli Supreme Court’s Jurisdiction Over West Bank Cases

The Israeli legislature has taken another step toward blurring the lines distinguishing the Israeli legal system from the one that exists in the West Bank. The Knesset recently passed an amendment that transfers original jurisdiction over certain cases concerning the West Bank from the Supreme Court of Israel (in its capacity as the High Court of Justice) to the Administrative Affairs Court in Jerusalem (a subdivision of the Jerusalem District Court).

Israel-Palestine

The Supreme Court of Israel Dismisses a Petition Against Gaza Rules of Engagement

On Thursday, the Supreme Court of Israel dismissed a petition against the rules of engagement governing use of force by the Israeli security forces in the violent clashes in Gaza (HCJ 3003/18 Yesh Din v. IDF Chief of General Staff). The clashes began on March 30, 2018, around mass Palestinian protests held in various points along the fence separating the Gaza Strip from Israel.

International Law

Foreign Affairs in Court

Scholars have long debated the role of courts in foreign affairs and national security. These debates have centered on the institutional competence of courts to address complex and secretive foreign and security issues, as well as the democratic and constitutional legitimacy of judicial review in those areas.

International Law: Self-Defense

The Al-Kibar Strike: What a Difference 26 Years Make

Israel has experienced, quite literally, a blast from the past. For the first time, Israel officially acknowledged operation “Outside the Box”—the September 2007 strike that destroyed the Al-Kibar nuclear reactor, located in the Dier Al-Zour region in Syria. The construction of the reactor, in cooperation with North Korea, was approaching completion at the time of the strike.

Israel

Indicting a Sitting Prime Minister: The Israeli Constitutional Framework

The recent weeks have seen a flurry of developments in a number of criminal investigations involving Israel’s Prime Minister, Benjamin Netanyahu. These developments fueled debates as to whether Netanyahu should continue serving as prime minister while facing criminal charges. Netanyahu has signaled that he has no intention of resigning.