Analysis News

High Court of Justice

  • Case closed: When felons roam free due to 'lack of public interest'

    The High Court of Justice had some sharp words for one settler who invaded private Palestinian lands and then perverted the law to prove they were his. So why did the prosecution close the case for 'lack of public of interest?' By Yesh Din, written by Yossi Gurvitz Several years ago – the precise date is disputed – a settler by the name of Michael Lessens began invading private Palestinian lands in the village of Qaddum (near his settlement of Kedumim), and fenced them for his private needs. As Lessens would later explain, he wasn't acting on his own initiative;…

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  • Rewarding the lawbreakers: New settlement homes on confiscated lands

    Israel approves 90 new settlement homes in Beit El to reward evacuees from the evacuated settlement neighborhood of Givat Ha'Ulpana. The problem? The homes are to be built on lands confiscated for security purposes, a practice the High Court ruled against decades ago. By Yesh Din, written by Yossi Gurvitz One of ancient Greece's sages, legend says, mocked the Athenian lawgiver Solon for writing his constitution and laws. He told Solon laws were like fishing net: It stops the weak fish, but the larger, stronger ones will simply tear it to bits. Ynet reported earlier this week that the government…

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  • Resource: The state of human rights in Israel and the occupied territories 2012

    The Association for Civil Rights in Israel (ACRI) has released its annual assessment of the state of human rights in Israel and in the occupied Palestinian Territories. The 2012 report includes chapters on house demolitions in Palestinian and Bedouin villages, the occupation of the West Bank and the regime of discrimination, the persecution of asylum seekers, the lack of affordable housing, and the privatization of the police and the judiciary.  Established in 1972, ACRI is Israel’s oldest and largest human rights organization and the only one dealing with the entire spectrum of rights and civil liberties issues in Israel and the Occupied Territories. Read more about…

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  • High Court upholds flawed procedure on torture investigations

    The High Court of Justice upheld the procedure regarding complaints of torture against Shin Bet agents, despite the fact that this procedure resulted in no investigations after nearly 600 complaints The High Court of Justice has upheld a controversial procedure governing investigations into allegations of abuse and torture against employees of Israel’s General Security Service, better known as the Shin Bet. According to this procedure, all complaints, usually filed by Palestinians who the Shin Bet detained and interrogated on suspicion of terrorism, are first examined by a Shin Bet official, working under the professional supervision of the Attorney General’s Office. This examination…

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  • Report that claims 'there is no occupation' presents an opportunity

    What is behind the left’s anger at a government commission report that rejects the existence of the occupation? The report presents an opportunity to replace empty political rhetoric and legality with a focus on facts on the ground. By Itamar Mann The Israeli left responded with a mixture of laughter and rage to former Justice Edmond Levy’s report on the status of the West Bank and its claim that “there is no occupation.” One commentator particularly baffled was human rights lawyer Michael Sfard, who wrote that the “report was written in Wonderland, governed by the laws of absurdity.” Instead of…

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  • High Court reaffirms settlements are integral to Zionism

    The High Court of Justice re-validated a law defining the demolition of settlements as "traumatic" – and denying claims that demolition of Palestinian houses is just as bad. A couple of years ago I was asked to participate in a televised debate (Hebrew) with a right-wing conscientious objector, Avi Biber, who became famous when he dramatically abandoned his unit while dismantling settlements in the Gaza Strip as part of the Disengagement Plan. One of the less obvious disagreements we had revolved around the question of how to define our separate acts: While I argued that we both have in common a belief…

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  • UPDATE: High Court moves up hearing of Khader Adnan's appeal to Tuesday

    UPDATE: The Israel High Court announced today (Monday) that it is moving the hearing up to tomorrow (Tuesday) at 3:00pm local time, instead of initial date this Thursday. The Court did not provide reasons for its decision, but there have been assessments in recent days that there is a concrete threat to the prisoner's life. This post, criticizing the court for the initial delay, was originally posted yesterday (Sunday) Khader Adnan has now entered his 65th day of a hunger strike. On Sunday the High Court of Justice (HCJ) decided to postpone dealing with the urgent appeal in his case until…

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  • Israel's new Supreme Court: Liberalism don't live here anymore

    Recent rulings by the High Court and the the appointment of a rightwing settler signal the twilight of Israel’s juridical liberal-democratic period By Eyal Clyne Last week, Judge Noam Sohlberg was appointed to the Israeli Supreme Court (which, in Israel, is also the High Court of Justice, a court of judicial review carrying important constitutional functions). Sohlberg will thus become the first settler judge in Israel’s history. Being a settler, Sohlberg has a clear conflict of interests, since he will have the authority to rule on appeals against government policies violating International Law, while himself violating International Law on a…

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  • High Court ruling on 'Nakba Law' reveals its waning power

    By Fady Khoury The decision by Israel's Supreme Court to keep the Nakba bill intact demonstrates its capitulation to rightwing pressure and increasing struggle to survive as an independent body.       The High Court of Justice (HCJ) on Thursday dismissed a petition submitted by Adalah, the Legal Center for Arab Minority Rights in Israel, and the Association for Civil Rights in Israel, challenging the constitutionality of the Budget Foundations Law (Amendment No. 40) 5771 – 2011 – commonly known as the Nakba Law. This law authorizes the Minister of Finance to financially penalize government-funded bodies that engage in…

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  • High Court rejects NGOs' petition against Nakba law

    By Noa Yachot and Roi Maor The High Court of Justice dismissed on Thursday a petition contesting the so-called “Nakba Law,” which enables the state to reduce public funding for institutions that commemorate the Palestinian catastrophe of 1948. Read the ruling here (in Hebrew only). The law, passed in March of last year, originally sought to criminalize the commemoration of the Nakba Law. Its latest version, called Amendment 39 to the Budget Foundations Law, threatens to withdraw public funds from bodies considered to have acted to associate feelings of mourning with the establishment of Israel's independence. From the petition to the Supreme…

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  • Religious entitlement: Woman takes a stand where the state won't

    They are comparing her to Rosa Parks, the courageous woman who refused to give up her seat on the bus in 1955. She says she didn’t mean to take a stand but couldn’t back down when faced with a terrifying and unbelievably sexist situation. On Friday morning, in what continues to be a chain of disturbing events connected to our country’s relationship with religion and public transport, Tanya Rosenblit was all but chucked out of her seat by a pack of angry religious men. “This is our line,” they said, in attempts to justify why Rosenblit should move to the…

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  • TIMELINE: The Anat Kamm affair

    In the spring of 2010, it emerged that a young journalist had been under house arrest for several months for leaking documents that led to the publication of an investigative report on IDF misconduct. Thanks to an unprecedented media blackout, the case made headlines around the world. Anat Kamm is serving a  four and a half-year prison sentence. Uri Blau, the journalist behind the report, will stand trial. This is how the case unfolded. December 14, 2006 The High Court of Justice rejects a petition against the IDF practice of targeted killings of wanted militants. However, the ruling - former…

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  • Despite High Court ruling, gender segregation in Israel only expanding

    The police will not prevent segregation in Jerusalem this year – instead, the Chief of Police will even join in The High Court of Justice (HCJ), no doubt with a stern visage, ruled today (Hebrew) that gender segregation in the streets of the ultra-Orthodox Jerusalem neighbourhood of Mea Shearim is no longer to be tolerated - starting next year. But despite a rather similar decision of the Court last year, which the police does not enforce, the segregation continues unabated. The commander of the Jerusalem Police District, Major General Nisso Shaham, said that images of segregation are “shocking sights”, but…

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