Comments on: Legal panel: IDF doesn’t follow own procedures regarding Palestinian civilian casualties

By: Greg Pollock

Greg Pollock — Sat, 09 Feb 2013 02:43:17 +0000

I think it is worse than that, Elisabeth. I see a (implicit) constitutional shift away from the rule of law with the High Court effectively abrogating judicial review. The occupation has accelerated this, but there are cases within Israel proper where the government has ignored High Court directives. The Court seems unwilling or unable to enforce its decisions in some areas, especially the occupation and Arab Israeli citizen cases. It may have even lead to the close vote in the Citizenship Law case (decided by one vote) which effectively prevents Arab Israelis from bringing West Bank spouces into their homes. Israeli law is, in my view, in great danger.

By: Elisabeth

Elisabeth — Fri, 08 Feb 2013 09:04:10 +0000

That’s right. You keep coming accross cases where decisions of the high court are simply ignored by the army (regarding targeted assasinations, rerouting the fence, vacating protest villages and so on). You would expect those responsible in the IDF to be jailed, fired, whatever, but nothing ever happens. It seems the Israeli high court is regarded as a joke by the army and large parts of society. Its main function may be to give the impression to the outside world that Israel follows the rule of law.

By: Greg Pollock

Greg Pollock — Fri, 08 Feb 2013 02:11:52 +0000

It seems as though the report concludes that the implicit constitution of Israel, which has elevated the IDF into a coequal branch in outcomes, is wanting as a matter of justice. That “the army’s procedures regarding reports in the case of civilian Palestinian casualties – which the army promised the Supreme Court to follow in 2005 – are simply not implemented” shows once again that the IDF has effectively asserted immunity from other branches of the constitution on matters it deems “essential security.” One does not promise the highest court in the land that one will do something; one does it. Until the Court asserts and acheives judicial supremacy, there is no reason to believe new legislation will change action on the ground. At present, civilian Palestinian deaths are less important than the (over) protection of young IDF soldiers. This zero sum dichotomy is false; but security has been linked to the well being of patriotic draftees in such a way that violations of command and control directives are overlooked as island cases. This ultimately harms Israel at home and abroad, weakening the rule of law and allowing the killing and maiming of civilians without consequence.