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High Court of Justice

  • Why won't Israeli peace groups talk about the Nakba?

    It's 2015 and Israeli peace groups still refuse to talk about the mass dispossession of Palestinians in 1948, including those who became Israeli citizens. Tom Mehager says it is time for a real conversation about the right of return. By Tom Mehager Israeli non-profit organizations that strive for a society based on coexistence most often focus on the most pressing issues vis-a-vis Jewish-Arab relations: educating toward democratic values, mutual recognition and teaching the Arabic language; equal allocation of resources and land; integration into the workforce and strengthening economic investment in Arab towns and villages; proper representation in decision-making processes; legitimacy for…

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  • For one Palestinian village: A judge, settler and demolisher

    The High Court justice who gave the army a green light to expel an entire Palestinian village just happens to live in a nearby settlement, one of many that thrives on their dispossession. By Dror Etkes The Israeli army’s Civil Administration has issued 70 demolition orders in the Jewish West Bank settlement of Alon Shvut, and 70 demolition orders in the Palestinian village of Khirbet Susya over the years. Beyond that coincidental number, the two towns don’t have much else in common. Located in Gush Etzion, just south of Jerusalem, Alon Shvut is one of the most prosperous and well-established…

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  • High Court okays plan to raze Arab village, build Jewish one in its place

    By upholding the state's explicitly racist plan for Umm el-Hiran, the court shows again that it cares more about Israel's Jewish character than about democracy and justice. By Amjad Iraqi One year ago, the unrecognized Bedouin village of Alsira won a major victory when the Be’er Sheva District Court refused to reinstate demolition orders against the entire village. The case set a legal precedent for defending other unrecognized villages threatened by the discriminatory Prawer Plan, which could forcibly displace up to 70,000 Bedouin citizens of Israel living in the Naqab (Negev). That cautious hope was dashed last week, however, when, in…

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  • IDF maps village of Susya as forced displacement looms

    The IDF's Civil Administration prepares for the evacuation of the West Bank village in the wake of a High Court decision to uphold the rejection a zoning plan. A Civil Administration inspector accompanied by soldiers arrived Sunday morning in Susya to take photos and measurements of village structures, further stoking fears among its Palestinian residents that they will be expelled from their homes at any moment. Nasser Nawajeh, a resident, longtime activist and volunteer with B'Tselem, took the following photo of the official, who goes by the name Carlos. Israel’s High Court of Justice on Tuesday gave the army a green light to demolish the Palestinian village and…

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  • The real reason Netanyahu has the High Court in his crosshairs

    The government's plan to curb the High Court’s authority distracts from the fact that on most of Israel’s discriminatory and anti-democratic laws and policies, the two institutions see eye to eye. By Amjad Iraqi In recent weeks, the Israeli media has reported on Prime Minister Netanyahu’s plan to propose new legislation that would grant the government more authority over the selection of High Court justices, as well as limit the court's judicial review power. The plan has been blocked by center-right Kulanu leader Moshe Kahlon as a condition for joining the new coalition, but Likud and its far-right partners have…

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  • High Court on BDS: Somewhere between terror and Holocaust denial

    The High Court decision on the 'boycott law' uses the word terror 11 times, likens BDS supporters to Holocaust deniers and quotes a right-wing columnist who makes it his duty to target boycott supporters. By Yael Marom The justices of Israel's High Court upheld the controversial "boycott law" Wednesday, giving ground for individuals to sue anyone who calls for a boycott of Israel, or areas under its control (read: the occupied territories). [tmwinpost] But beyond the consequences, questions and political issues that arise from the ruling, there are also a few gems that would be a shame to miss. The…

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  • You can boycott anything in Israel — except the occupation

    The 'boycott law' won't put an end to the BDS movement — its real importance lies in the criminalization of all opposition to the occupation. A few months ago, Israeli Foreign Minister Avigdor Liberman called for a boycott of businesses owned by Arab citizens of Israel. Such remarks — blunt racism directed at 20 percent of Israelis, regardless of their actions, opinions or political affiliations — are now well-embedded within the Israeli mainstream. Liberman himself is a legitimate coalition partner as far as either Labor or Likud are concerned. Meanwhile, the call to boycott those who profit from the occupation…

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  • '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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