A recent decision by the Israeli Supreme Court highlights the complex challenges inherent in the protection of democratic norms in a situation of ongoing conflict.
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Freedom to Grieve: On the Israeli Supreme Court Decision of Combatants for Peace v. Minister of Defense
In the past few years, the Israeli Supreme Court has been a target of political attacks, mostly from conservative circles, which claim that it prefers universal human rights over national values. These groups have made calls to curb the court’s authority and power.
Politicians, trial lawyers and drafters of reports learn early on that framing an argument is central to the task of persuasion. And so it goes for the report by the U.N. Human Rights Council’s Commission of Inquiry (COI) on the border confrontation that occurred last spring between Israeli Defense Forces (IDF) and the tens of thousands of Gaza residents who sought to force their way into Israel by breaching the security barrier.
In recent weeks, the Israeli Supreme Court, sitting as a High Court of Justice (HCJ) for administrative matters, handed down three decisions regarding house demolitions. The first one—Naji v. IDF Commander of the West Bank, issued on Dec.
Israel’s Supreme Court Hands a Victory to Lara Alqasem, But the Future of Foreigners’ Free Speech Remains Uncertain
On Aug. 26, the Israeli Supreme Court, in the case of Tziam v. the Prime Minister, ordered the state to grant the petitioners, five Palestinian women living in Gaza who required life-saving medical treatment, permission to enter East Jerusalem for the purpose of receiving healthcare.
Room for Optimism? Israeli Supreme Court Presses for Implementation of Ruling on Inmates’ Right to Personal Space
Last summer, the Israeli Supreme Court rendered a landmark judgement, establishing for the first time an obligatory minimum standard for the personal space allocated to inmates—convicted prisoners as well as detainees—in the Israeli correctional system.
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.
The application of special interrogation techniques by the Israel Security Agency (ISA) has generated considerable controversy in Israel since the mid 1980s.
Does the Israeli government have the authority to decline to release the bodies of perpetrators of terrorist attacks to their families for burial in order to use them as bargaining chips in negotiations to secure the return of Israeli casualties and citizens? In Alyan v.