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The judgment marks a regressive trend in which HCJ justices uncritically apply old rulings on international law doctrines to belligerent occupation situations.
The Adalah ruling highlights an unresolved tension between widely held goals for restricting online content and the constitutionally permissible means available to achieve them.
Israel’s High Court found that takedown requests directed from state prosecutors to online platforms constitute government acts, but the court held that no specific statutory authorization is required. That decision is significant yet deeply flawed.
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.
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.
On Oct.
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.
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.