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High Court of Justice

  • 'A consciousness free of occupation': Bil'in marks 10 years of popular struggle

    The village that managed to unite the world behind the spirit of nonviolent Palestinian protest marks not only a decade of tear gas, night raids and tragedy, but also of co-resistance and victories in its struggle against settlements, the separation barrier and the occupation. Anyone who has visited the West Bank village of Bil’in on a recent Friday might think, just for a second, that they were back in 2005. At first glance, it seems like nothing has changed since the days of the first protests, which began 10 years ago this month. Now, as then, the protesters — mostly…

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  • The importance of being earnest about human rights

    In an open letter, one of Israel's foremost refugee rights lawyers calls on the deputy attorney general to follow her conscience. By Asaf Weitzen Dear Deputy Attorney General Dina Silber: I am familiar with a bit of your academic work, including two books you authored and speeches that you give from time to time. You have demonstrated a deep commitment to basic rights and an understanding that the any government must be checked if and when it seeks to infringe upon basic rights. What I find incomprehensible is the disparity between those views and your intensive involvement in legislating the amendment…

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  • Attorney General: MK Zoabi likely to stand trial for incitement

    The decision is just one of several that have targeted the Arab Knesset member over the past year.  Israel's Attorney General Yehuda Weinstein announced Tuesday that he has decided to indict MK Haneen Zoabi (Balad) for incitement to violence and disgracing a public official. Weinstein summoned Zoabi to a pre-indictment hearing, upon the recommendation of several legal experts, where she will be able to plead her case. The indictment relates to a hearing at a Nazareth courthouse in July of this year, where Zoabi allegedly insulted policemen guarding the building. According to the state prosecutor's office, Zoabi called two Arab police officers…

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  • Israel's top court gives temporary reprieve to Palestinian UNESCO site

    In rare move, Israeli Nature and Parks authority supported the petition against the wall; the court's decision largely hangs on Defense Ministry admitting the contested section of wall isn't a priority. Israel will not build a section of the separation barrier through the UNESCO recognized village of Battir in the West Bank anytime soon. Israel’s High Court of Justice on Sunday dismissed without prejudice a petition against construction of the section of the West Bank barrier’s route that would pass through the village’s ancient agricultural terraces. The decision was largely based on the Israeli Defense Ministry’s assertions that constructing the…

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  • Judges aren't cogs in the occupation, they're the oil keeping it going

    A new report maps out the two separate legal systems in the occupied territories — one for Jews and one for Arabs. At a launch event for the report, senior jurists showed up and argued it's not their fault whatsoever. Former Supreme Court Justice Dalia Dorner asked: What can we do? The answer: A lot. (Translated from Hebrew by Ofer Neiman) There was something mesmerizing about listening to representatives of the legal establishment speak at a conference held by the Association for Civil Rights in Israel (ACRI) last week. Mesmerizing and terrifying. The hardest thing was hearing Dalia Dorner —…

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  • High Court rules against Zoabi, upholds Knesset suspension

    'In effect, from this day forward, Arab Knesset members will be subject to the political judgements of the Jewish majority,'  MK Zoabi's attorneys say. The High Court of Justice on Wednesday rejected MK Haneen Zoabi's appeal to overturn her six-month suspension from parliamentary discussions for a political opinion she expressed on the radio in June. As I reported yesterday, in deliberating her petition, the justices spent more time interpreting and judging Zoabi's politics than whether the Knesset had the right to suspend her in the first place. In its decision (Hebrew), the justices essentially chose "not to interfere" with the…

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  • Lapid and Livni's last act should be to shut down Holot

    Yair Lapid and Tzipi Livni have one last chance to leave a positive legacy: make sure Israel doesn't continue the administrative detention of African asylum seekers who have committed no crime. There is little doubt that Yair Lapid and Tzipi Livni will be the biggest losers of Prime Minister Benjamin Netanyahu’s decision to fire them from their senior government posts. After the coming elections Lapid will almost certainly find himself in the opposition heading a smaller party, while Livni will most likely find herself in political exile once again. But despite being kicked out the government, Livni and Lapid still…

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  • How the very concept of human rights has failed Palestinians

    Certain rights should be inalienable — yet Israel refuses to grant them to Palestinians and the world continues to treat the country as a rights-based democracy. What does this absurdity say about human rights as a political tool, and about the powers, entities and institutions that speak in their name? Knesset Constitution, Law and Justice Committee chairman MK David Rotem laid out some of his beliefs and world views in an extensive interview with Israeli financial daily Globes a few weeks ago. One of Rotem’s statements – which made the headline of the piece - was that “human rights are [reserved]…

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  • Israel’s High Court chooses occupation over international law

    In at least two major decisions, Israel’s top court has shown it is prepared to uphold grave breaches of the Fourth Geneva Convention amounting to war crimes, and to give its implicit endorsement to unlawful discrimination. By Gerard Horton Sitting as the High Court of Justice, Israel’s Supreme Court has heard thousands of petitions submitted on behalf of Palestinians living under military occupation since 1967. This gives rise to an unusual situation whereby the highest civilian court in Israel permits individuals, who could be considered as enemy aliens, to submit petitions challenging the actions of Israel’s military in occupied territory.…

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  • A slightly ‘less crazy’ Israel

    A few thoughts on the decision to shut down Israel's detention facility for African asylum seekers, what the High Court ruling says about the gratuitous and political arrests of Palestinian protesters in Israel, and the assassination that only took place if you read Hebrew.   1. A slightly ‘less crazy’ Israel Following the Israeli High Court decision on Monday to shut down Holot and cancel the piece of legislation that permitted the indefinite detention of African asylum seekers (the way the law was written, non-African asylum seekers were never in danger of indefinite detention), Darfuri refugee Mutasim Ali wrote in…

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  • High Court to rule on indefinite detention of African asylum seekers

    The amendment to the Prevention of Infiltration Law permits the state to indefinitely detain African asylum seekers whom it cannot deport. A previous version of the law was struck down. Israel’s High Court of Justice was expected to decide whether to uphold or strike down key parts of a law that allows the indefinite detention of African asylum seekers in its ‘Holot’ detention facility. The court struck down a previous version of the law, prompting lawmakers to quickly draft a replacement — one that introduced even more severe problems. A key intention and consequence of the new law that the…

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  • In search of teens, soldiers 'looted' Palestinian homes

    Palestinians reported numerous incidents of looting by IDF soldiers during Operation Brother's Keeper in the West Bank. Here’s the first case documented by Yesh Din. By Yossi Gurvitz for Yesh Din During Operation Brother’s Keeper, IDF soldiers invaded thousands of houses in the West Bank, under the pretext of looking for the three kidnapped teenagers. These raids give us brief glimpse at the differences between Palestinians living under Israeli control and Israeli citizens. For instance, were someone to be kidnapped in Petah Tikva, no one would imagine placing the city under curfew, preventing its denizens from traveling abroad or carrying…

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  • Israel renews restrictions on nuclear whistleblower Mordechai Vanunu

    Despite serving 18 years in prison, including 11 in solitary confinement, Vanunu is forbidden from traveling and speaking to the media. Recently, he was denied a permit to speak before the British Parliament, following an invitation by 54 MPs.  The Israeli interior minister and the IDF Central Command have decided to extend restrictions on nuclear whistleblower Mordechai Vanunu's freedom of movement and speech. Vanunu’s attorney, Avigdor Feldman, has been notified on the decision and told +972 Magazine he will once again petition the High Court of Justice on Vanunu's case. Since his release from prison in 2004, Vanunu hasn't been…

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