+972 Magazine's Stories of the Week

Directly In Your Inbox

Analysis News
Visit our Hebrew site, "Local Call" , in partnership with Just Vision.

A vicious cycle of lawlessness in the West Bank

The IDF has all but refused to fulfill its obligation to hold Israeli settlers accountable under the law and to protect Palestinians from them.

By Eyal Hareuveni

Settlers throw stones at Palestinians as IDF soldiers stand by in the West Bank village of Asira al Qibliya. April 30, 2013 (Oren Ziv/Activestills.org)

Settlers throw stones at Palestinians as IDF soldiers stand by in the West Bank village of Asira al Qibliya. April 30, 2013 (Oren Ziv/Activestills.org)

For nearly 50 years the Israeli army has been treating settler violence against Palestinians as a decree of fate, some sort of force majeure that trumps it in the territories otherwise under its control and responsibility. In other words, the army has dealt with the phenomenon without actually dealing with it.

International law, however, is quite clear that the occupying power, the Israeli army in this case, has an obligation to preserve the rule of law and public order in those territories. In countless rulings, the Israeli High Court has even emphasized that it is a basic and fundamental obligation — but the IDF paid no heed.

Yesh Din published a new report this month, “Standing Idly By,” documenting the phenomenon of Israeli soldiers doing just that in the face of offenses by Israeli citizens against Palestinians in the West Bank. The report highlights how soldiers don’t detain or arrest Israelis involved in violent incidents, how they don’t secure crime scenes so that evidence can be collected, how they don’t document such incidents and how they don’t file complaints with the police. Numerous government-sanctioned and human rights NGO reports have addressed this phenomenon since the early 1980s, and yet, for some reason, the IDF has not eradicated it.

Read the full report: ‘Standing Idly By

In 2004, in response to an ACRI High Court petition demanding that the army protect Palestinian farmers in the olive harvest, the IDF was forced to answer for its refusal to fulfil its obligations to enforce the law and maintain public order. Then, too, the army tried to pass on its responsibility to the police. The High Court justices weren’t convinced by the army’s arguments. They expressed serious criticism of its “helplessness” and “oversights” in enforcing the law; the justices ordered the army to “immediately correct its distortions.”

However, the army once again dragged its feet. Only in 2009, three years after the ruling on the olive harvest, did the army’s legal advisor for the territories send — for the first time — a fact sheet to commanders clarifying soldiers’ obligation to intervene in crimes committed by Israelis. In 2013, four years after that, the state comptroller found that army’s Central Command had not made any efforts to implement the High Court ruling or the legal advisor’s memo to commanders: soldiers were not trained to fulfil their role in enforcing the law; the very concept of law enforcement wasn’t mentioned in general orders; senior officers testified about the army’s failure to fulfil its obligatory role.

Settlers attack Palestinians in Qusra as IDF soldiers stand by (photo Sa'ad Al-Wadi)

Settlers attack Palestinians in Qusra as IDF soldiers stand by (photo Sa’ad Al-Wadi)

Only in the summer of 2014 did the Central Command enact the procedures for law enforcement against Israeli citizens published by the attorney general in 1998, eight years after the High Court decision. And yet, soldiers still do not know what obligations and authorities they have as law enforcement officers. They still do not act to prevent harm to Palestinians or to ensure that criminals are brought to justice. Dozens of testimonies collected by Breaking the Silence indicate that the prevailing command culture in the army is to not deal with settlers. In one such testimony, an enlisted soldier in the Artillery Corps summarized what he believed he was authorized to do when faced with Israeli law-breakers: “Nothing. Nothing. Nothing. Nothing. Absolutely nothing.”

The phenomenon of soldiers standing idly by demonstrates one aspect of the colossal failure of the rule of law in the West Bank. According to Yesh Din data, in the rare cases when Palestinians do file police complaints about crimes committed by Israeli citizens, and when police actually open an investigation, the chance of an indictment results in a conviction is a mere 1.9 percent.

Back in 1983, the Israeli-government sanctioned Karp Commission already described the justice system, army and police’s failure to enforce the rule of law in the occupied territories as a vicious cycle. In order to break out of that unjust cycle the army must establish clear orders that clearly detail soldiers’ obligations when encountering crimes committed by Israelis against Palestinians. It must also codify standing idly by as a crime in the military’s criminal code.

The author is a researcher for Yesh Din – Volunteers for Human Rights and the author of the report, ‘Standing Idly By.’

Newsletter banner

Before you go...

A lot of work goes into creating articles like the one you just read. And while we don’t do this for the money, even our model of non-profit, independent journalism has bills to pay.

+972 Magazine is owned by our bloggers and journalists, who are driven by passion and dedication to the causes we cover. But we still need to pay for editing, photography, translation, web design and servers, legal services, and more.

As an independent journalism outlet we aren’t beholden to any outside interests. In order to safeguard that independence voice, we are proud to count you, our readers, as our most important supporters. If each of our readers becomes a supporter of our work, +972 Magazine will remain a strong, independent, and sustainable force helping drive the discourse on Israel/Palestine in the right direction.

Support independent journalism in Israel/Palestine Donate to +972 Magazine today
View article: AAA
Share article
Print article

    * Required


    1. Pedro X

      Last evening 4 Israelis returning from a basketball game had the car in which they were traveling sprayed with bullets in a drive by shooting in Judea and Samaria between Shilo and Shvut Rachel. One of the four occupants is fighting for his life in hospital. The others are recovering form being shot. In the past two days two Palestinians, a woman and a 15 year old male have been stopped trying to enter Israel with a machine gun and a rifle in their quest to gun down Israelis as happened recently in Tunisia.

      Anti-Israel organization Yesh Din is heavily funded by foreign sources (4.8 million NIS in 2014) to demonize Israel and ignores that Palestinian violence in Judea and Samaria greatly exceeds violence from members of Jewish communities in Judea and Samaria in both numbers and severity. As I have pointed out the United Hatazallah figures from 2013 compared to the UN OCHA figures show that for every price tag attack or violent attack by a small number of Jews living in communities there are 28 Palestinian attacks against Jews in Judea and Samaria.

      If you bother to read the news in the Jewish press from Judea and Samaria you will notice many complaints from Israelis about the failure of the IDF or border police to pursue, arrest, detain and prosecute Palestinians engaged in acts of violence against them. On a regular basis the army does not pursue rock throwers into Palestinian villages, or open investigations when Jews and Arabs clash. Separating clashing parties is riot control. Yesh Din does not publish comparative figures for attacks against Jews in communities of Judea and Samaria and the rates of complaints, arrest, indictment and conviction. Yesh Din’s reports are without reference to complaints, investigation, indictment and conviction in the thousands of acts of violence endured each year by the members of the Jewish communities in Judea and Samaria.

      Yesh Din is engaged in lawfare against Israel and seeks to tarnish the image of Israel in the world for its overriding mandate. Emily Schaeffer, a member of the Yesh Din legal team, said that the goal of the organization is to end the occupation.

      “Yesh Din was founded to use law as a tool to fight the Israeli occupation of the Palestinian territories.”

      Yesh Din therefore highlights not the overall system but individual cases which suits its goal. The organization has been caught ignoring or distorting facts to suit its goals. Yesh Din claimed that only 3.5% of complaints against Israeli soldiers committing offences against Palestinians resulted in indictments. The Knesset research and evaluation center in 2009 found that the number was 9%.

      How does this compare to indictments in other jurisdictions. It is hard to say because these figures are not usually available on a nation to nation basis. However look at localities in the US. In Dallas Texas between the years 2008 to 2012 82 police killings were reviewed and only 1 ended with an indictment. In Houston there had been no indictments during the same period.

      Yesh Din does not delve into what percentage of the claims are false or frivolous. Inherent in Yesh Din’s strategy is to imply that Israelis are 100% guilty of all charges against them when it comes to Palestinians. Yesh Din does not look at the 999 cases correctly handled but the cases they think were not handled properly and to imply all cases are handled badly.

      Reply to Comment
      • Marnie

        If this is a true story its unfortunate; however, I don’t believe you because you have no source for your story and have only provided the soundtrack to your existence, which is the endless demonization of Palestinians.

        Reply to Comment
    2. Ginger Eis

      Propaganda Alert!

      While +972mag as usual, this time relying on a political NGO Yesh Din, completely presents ONE side of the story that is mostly unsupported by facts and largely devoid of the proper context, the documented reality is very much different. The lawlessness in Judea & Samaria that has resulted to the murders or severe, permanent disability of Israelis comes from the Palestinians.

      Here are the UNDISPUTED facts in 2013 ALONE:

      “In 2013, there were some 1,271 attacks in Judea and Samaria, as opposed to 578 in 2012, the Shin Bet (Israel Security Agency) said. Of these attacks, 1,042 took place in Judea.

      In addition, of the six Israelis killed in terror attacks in 2013, five were killed in the West Bank – as opposed to 2012, when all of the 10 Israeli fatalities from terror attacks took place inside the Green Line. Of those killed, three were civilians and three were members of the security forces. (…)”.

      You can read the whole story here:


      We will live and defend ourselves in The Land Of Israel. Non-Jews are more than welcomed to live amongst us in peace, mutual respect and prosperity. We live and let live. But those who (seek to) kill us, shall perish by their own foolishness.

      Reply to Comment
        • Ginger Eis

          1. “In the past eight years, 10 Palestinians were killed by settlers, and 29 settlers were killed by Palestinians, according to OCHA figures. More than 1,700 Palestinians were injured by settlers or by troops in clashes, while 324 settlers and 37 soldiers were hurt by Palestinians in confrontations”.

          a. The above is what your link says. Do the math and you will notice that the result is irreconcilable with the one-sided propaganda published on +972mag and other political NGOs masquerading as “human rights” orgs. such as Yes Din, Btselem, Adala, Accri, etc. According to your own link, innocent Israelis are the major victims of the “lawlessness”, NOT the Palestinians!

          b. Your link does not contain the names of the alleged “10 Palestinians killed by settlers” in nationalistic incidents. Why? Because the allegation is just not true? Maybe you should provide names of those “10 Palestinians killed by settlers” (and the year and month in which they were supposedly killed), no? I will run some checks and get back to you. The number of innocent Israelis killed by Palestinians in the same period you mentioned is way higher than what your link says. The info contained in your link discredits the link entirely.

          Beyond that:

          2. The report referenced by your link counts Palestinians who deliberately confronted/attacked IDF-soldiers and got injured in the process as those who suffered “Israeli attacks”. That is a fatal error that discredits the validity of the report itself and its conclusions. The report further gave no figures as to the number of Palestinians who were actually “attacked” by what the report calls “settlers” and what those “attacks” precisely were.

          3). Your link counts demolitions as “Israeli attacks”. Here is the problem with that: demolition of structures” most of which are not even homes (!) are (a) not “attacks”, (b) not done by “settlers” and (c) are carried out in accordance with the law of Israel in both Israel and Area C of Judea and Samaria. Structures built by both Israelis and Palestinians without building permit are eligible for demolition. Period. Counting that as “Israeli attacks” is just flat out silly. That is another fatal error that discredits the validity of the report itself and its conclusions (also bearing in mind that over 90% of the alleged “attacks” are nothing other than demolition of structures” such as kiosks built with plywood, carton-papers and sink!).

          Reply to Comment
      • rose

        Strange, reading your comment I had the feeling that the Palestinians are occupying Israel and exploiting its natural resourses without taking any responsability for the local Israeli occupied population.

        Reply to Comment
    3. Marnie

      There’s nothing new under the sun. This report is 20 years old and was not by Yesh Din, B’Tselem and it makes it all the more tragic.

      Washington Report on Middle East Affairs, January/February 1995
      Middle East History—It Happened In February

      Israeli Commission Calls Occupation Policies “A Systematic Miscarriage of Justice”
      By Donald Neff

      It was 11 years ago, on Feb. 9, 1984, that a report prepared by a special commission appointed by the Israeli attorney general was released deploring violence by Jewish settlers against Palestinians living under occupation. To the outrage of many Israeli government officials, the report added that Israeli occupation troops and Jewish settlers were engaged in a massive miscarriage of justice against Palestinians.

      Known as the Karp Report after commission chairman Deputy Attorney General Yehudit Karp, the report declared that the Israeli administration of justice in the occupied territories was in need of “a radical reform of the basic concept of the rule of law in its broadest and most profound sense.” 1

      The report found that Jewish settlers were regularly protected by the army and seldom arrested for offenses ranging from shootings to massive destruction of property against Palestinian residents in the occupied territories. In essence, the report found that settlers considered themselves above the law and refused to cooperate with Israeli police investigating Palestinian complaints. The report commented:

      “Israeli residents of the territories are given to understand that they are soldiers to all intents and purposes…Israeli residents of Judea and Samaria, explicitly relying on this assurance, refuse to cooperate with the police or provide information; they reject any contact with the police, basing themselves on ‘high-level policy’ and declaring that they are under no obligation to cooperate in this matter.”2

      Particularly cited in the report were the radical settlers living in Kiryat Arba and the adjoining Palestinian city of Hebron. The report said the settlers’ refusal to cooperate with civilian police was “tantamount to civil rebellion.”3

      The report was considered so critical of Israel’s occupation policies that the government kept it secret after its initial submission on May 25, 1982, meanwhile charging that it was unfair and misleading. But public pressure and Karp’s resignation from the commission in protest of the suppression of the report finally caused release of a censored version 20 months later. The full report has never been released.

      Still, on the basis of the censored report, the Jerusalem Post editorialized:

      “The Karp Report bears out the initial suspicion that a systematic miscarriage of justice is being perpetrated in the West Bank. Jewish settlers, wishing to assert their rights to the area, take the law into their own hands and refuse…to cooperate in police investigations…The police, deferring to the army, fail to stand on their own rights, and the army tends to look benignly on those it views as its soldiers. The result…is that files are closed without anyone being booked.”

      Settlers were taking the law in their own hands and were being protected by occupation authorities.

      Although Israeli officials roundly condemned the report as exaggerated, its essential charge that settlers were taking the law in their own hands and were being protected by occupation authorities was dramatically confirmed a decade later. In the aftermath of the 1994 massacre of 29 Palestinian worshippers in Hebron’s Ibrahimi mosque by Jewish settler Dr. Baruch Goldstein, Israeli police and troops openly admitted that there were different laws for Jews and Palestinians.

      Chief Inspector Meir Tayar of the border police stationed in Hebron testified before a special commission investigating the Feb. 25 massacre that troops had standing orders never to shoot at Jewish settlers even if the settlers were shooting at Palestinians. Tayar said of the massacre: “Even if I had been there I would not have been able to do a thing because there were special instructions regarding this. The open-fire orders were that if a settler in Hebron fires purposefully, under no circumstances should he be shot at.” He added that the order applied even if the settler was shooting at Israeli troops, saying: “The order, as I interpret it, is to take cover so as not to be hit, wait until the gun jams or the clip is empty and try to overpower him with other means.”5

      Similar revelations had been made several months earlier by reserve paratrooper Amit Gurevitz. But, like the Karp Report itself, they were ignored by the government. Gurevitz revealed in a newspaper interview that the beating of Palestinians, vandalizing their property or otherwise humiliating them in front of soldiers was not cause for arrest.6

      In January 1994, the Hebrew daily Ha’aretz reported a radio broadcast in which an Israeli officer identified as Colonel Y said that the standing orders of the army in the occupied territories were “never, under any circumstances, and in no case whatsoever, to shoot at any Jew.” The author of the article, correspondent Amnon Denkner, commented that “when an Arab is thought to be a danger to the life of a Jew, there is no problem. Just kill him and feel good.” 7

      On March 15, 1994, the Israeli human rights group B’Tselem reported that the Israeli army, police and courts failed to enforce the law against Jewish settlers who killed Palestinians. The report said 62 Palestinians had been killed by settlers between 1988 and 1993. During the same period, 1,145 Palestinians were killed by Israeli security forces, compared to 117 Israeli civilians and 64 security personnel killed by Palestinians.

      The B’Tselem report said a study of 48 cases in which Palestinians were killed by settlers showed that Israeli authorities “apply an unstated policy of tolerance, compromise and failure in bringing about full justice” against settlers. In the cases studied, only 13 settlers were brought to trial. Only one was convicted of murder, one of manslaughter, six of causing death by negligence and two of shooting in a residential area. Another 27 cases were closed without prosecution. The report said: “In many cases…no investigation at all is carried out…Israeli authorities have failed in the task of protecting the life, person and property of the Palestinians.”8

      Said B’Tselem researcher Eitan Feiner: “A settler can act with virtual impunity in committing violent acts against Palestinians.”9Thus, 11 years after the Karp Report, the same abuses, the same favoritism toward settlers and the same violations of law were still endemic in the occupied territories.


      Amnesty International, Amnesty Report: 1988, p. 239

      Cohen, Stanley, “Talking About Torture in Israel,” Tikkun, November/December 1992.

      *Findley, Paul, Deliberate Deceptions: Facing the Facts about the U.S.-Israeli Relationship, Brooklyn, NY, Lawrence Hill Books, 1993.

      Karp, Yehudit, The Karp Report: Investigation of Suspicions Against Israelis in Judea and Samaria, Jerusalem, Israeli Government, 1984, reprinted by the Institute for Palestine Studies, Washington, DC, 1984.

      Shahak, Israel, “Israel’s State-Assisted Terrorism: ‘Settlers’ as Armed Combatants,” Washington Report on Middle East Affairs, February/March 1994.

      *Sprinzak, Ehud, The Ascendance of Israel’s Radical Right, New York, Oxford University Press, 1991.

      U.S. Department of State, Country Reports on Human Rights Practices for 1993, Washington, DC, Government Printing Office, February 1994.


      1Karp, The Karp Report, p. 49. Also see Sprinzak, The Ascendancy of Israel’s Radical Right , pp. 87-88.

      2 The Karp Report, p. 41.

      3 Ibid., p. 46.

      4 Jerusalem Post,2/9/84, quoted on the back page of The Karp Report printed by the Institute of Palestine Studies.

      5 Joel Greenberg, New York Times, 3/11/94.

      6 Amit Gurevitz, Haolam Haze, 11/17/93, quoted in Israel Shahak, “Israel’s State-Assisted Terrorism: ‘Settlers’ as Armed Combatants,” Washington Report on Middle East Affairs, February/March 1994.

      7 Amnon Denkner, Ha’aretz, 1/9/94, quoted in Israel Shahak, “Israel’s State-Assisted Terrorism: ‘Settlers’ as Armed Combatants,” Washington Report on Middle East Affairs, February/March 1994.

      8 David Hoffman, Washington Post, 3/15/94.

      9 Joel Greenberg, New York Times, 3/15/94.

      Reply to Comment
    4. Pedro X

      Today it was announced that the top Hamas commander in Judea and Samaria had been arrested. Jerusalem Post reports:

      “The head of Hamas in the West Bank since 2010, who was recently arrested, was indicted on Thursday in the Judea and Samaria military court for organizing possibly dozens of terrorist cells for a wave of kidnappings, suicide bus bombings and attacks on settlements.

      Arrested on May 27 before Operation Brother’s Keeper, Riad Natzer is accused of raising more than NIS 1.5 million for terrorist operations, buying weapons for his operatives and organizing them into cells – each trained for a different kind of terrorist activity.

      The arrest and the court case were under gag order, but the order was removed on Thursday with the filing of the indictment.

      As part of Natzer’s alleged plans, weapons were concealed in designated spots throughout the West Bank, with instructions passed on to other operatives who would use the weapons – all in preparation for the day Natzer would activate the operatives to carry out their attacks.”

      So what is more important for the military and police, and for the public interest, to stop mass killings of Israelis, or examining every case where a rock is thrown by a member of a Jewish community in Judea and Samaria at a Palestinian during a clash?

      Reply to Comment
    5. Ben

      “Yesh Din was founded to use law as a tool to fight the Israeli occupation of the Palestinian territories.”

      One has to be pretty far gone in terms of ones own propaganda to see this purpose of Yesh Din as a strike AGAINST it. It’s like saying “that organization, ‘Mothers Against Drunk Driving’ (MADD) is against drunk driving, the nerve of them!” Of course the wags always like to point to the contra lateral organization, ‘Drunks Against Mad Mothers’ (DAMM).

      Let us put this into its proper context by linking to Yossi’s previous piece on this subject:


      “…a whole wave of ideological criminality, which the system is unaware of.”

      The umpteenth time someone trots out some statistics about relative numbers of attacks, Yossi Gurvitz’s explanation in this context of what epidemiologists call under-reporting bias should be consulted. And this does not take into account contralateral over-reporting and observation biases by settlers.

      Reply to Comment
    6. Lynn

      Anyone that has been following this for more than a couple of years knows this is true. The NGO-bashers will bash and THIS is nothing new either. The camera and, more recently, the cellphone have aided in the ability to document the practice for YEARS now. The things one sees when coming out from under the ‘hasbara blanket’ are….shocking and disturbing. I am 60 years old. I have been out from under the hasbara blanket for 7 years. I am no longer shocked but I AM still disturbed.

      Reply to Comment
    7. Ginger Eis

      Explaining the lawlessness in Judea and Samaria

      – Science says: ‘Vast Majority Of Palestinians Support Killing Jews’!

      “There have been numerous polls providing statistics on how Palestinians feel about this or that. These statistics vary depending on the poll and depending on the specific questions. However, one thing remains the same in each poll-the vast majority of Palestinians support terror attacks against civilians.

      From December 2012:
      87.7% of Palestinian Arabs support Hamas-style terror

      From the latest AWRAD poll we see this question:
      “The results of the recent Gaza conflict prove that armed struggle, as adopted by Hamas, is the best means of achieving Palestinian independence”
      Among all Palestinian Arabs, 55.6% said they “strongly agree” and 32.1% said they “agree.”

      In the “moderate” Judea and Samaria, the percentage that agreed was 86.4%. (…)”.

      The rest of the info is here:


      Reply to Comment
    8. People, the point of this piece is that the IDF has failed to honor a High Court ruling for over 8 years now. That’s it. Neither Ginger Eis nor Pedro X address this. I take their silence to mean that they decide when the High Court should be heard. Destroying olive trees in 2015, which has happened, is not absolved by citing violence elsewhere. There simply is no political will in the IDF to stop such destruction, and this violates the High Court order.

      Reply to Comment
      • Ben

        A country that openly defies its Supreme Court is not a country of the rule of law. That “rule of law” is a charade. Citizens of the United States read that the Israel military and government just openly defy their Supreme Court and their jaws drop. It’s simply inconceivable in the USA. Has any Israeli leader ever been held, with actual consequences, in contempt of the High Court? I’m just wondering. It’s mind boggling.

        Reply to Comment
        • The Court did consider putting the IDF commander supervising the Bil’in fence/wall in contempt. After that threat the fence got moved, maybe after a month or two.

          Although I am far from an expert, I know of no case where a sitting high Israeli official has been placed in contempt, and I’m not really at all sure what that would mean in terms of consequence. However, several high officials, after leaving their posts, have been tried on various charges. Two elections ago, Liberman was forced to wait out a court case before retaking his Foreign Ministry post; a three judge panel acquitted him and he was in the new government. There is still institutional dissent in Israel.

          It will be a change of cultural rules for the High Court to use contempt and try to enforce it; or issue injunctions against high profile policy. Holot is as close as I think the Court has gotten to intervening directly rather than suggesting or employing the phrase “at xx’s convenience.” I employ the metaphor of a War Council of high agencies because in such a council one must give way when one member claims her primary turf is being violated, as all council members are needed for the war. Israel began and has remained on a war footing. When it comes to occupation, the Negev, and even Arab Israelis in northern Israel, there is a real hesitation in interfering with power acting on the ground. There is one Northern Arab village which the High Court ordered repopulated in the early 1950’s. The nascent IDF instead went into the empty village and destroyed all but the Christian church. On rehearing, the Court ordered former residents to be allowed back in “at the convenience of the military.” The military has never found the time. The Court mostly defers to those on the ground, even when over years its order is obviously not honored.

          This is why Holot is so important, as I keep insisting. Two refugee prisons have been ordered closed now, which for the Court is a massive attempt at showing power. If the Court, probably this summer, refuses the new version of Holot and orders it closed again it will be a new act in Israel law. I don’t think one will ever see anything but “advice” to the IDF in the West Bank until the Court finds a way to stand up to the old cultural rules in Israel proper. If the expanded panel of Justices back down on Holot, I see no institutional promise medium term at all. So I’m not surprised to see 3 judge panels letting the IDF and government have their way in the West Bank. This might be seen as a bit strategic, as Holot is a much larger matter culturally and institutionally. But, as well, Justices certainly disagree among themselves on the value of the “War Council.” Actually, I’m quite surprised that so many Justices are willing to challenge on Holot.

          Reply to Comment
          • Lynn

            I certainly wouldn’t hold my breath waiting for anyone to be held in contempt when the only thing they cite as a wrongdoing in Gaza 2014 was someone stealing a credit card

            Reply to Comment
          • Change won’t happen globally. The Court is not going to become the institutional arm of the left. And certainly it will not interfere in war actions to any great extent. The US Supreme Court gives the Executive great way in this matters as well. If you enter a military base on US soil you immediately lose, while there, 4th Amendment checks. The Court has made the argument that the military needs a heightened security, and entering the base is optional, so a waiver of the 4th.

            Holot is remarkable because the High Court has refused the State’s usual infiltrator/security defense. If the Court doesn’t veer off from its present stand, there will be an overt structural (“constitutional”) crisis. That is (or would be) quite significant. Progress will not occur by making everyone into a leftist. Jurisprudence will change when some of the right can accept stands which before the decision they strongly opposed. Even if so, the change will seem ineffectual in many other areas. Yet a new ground upon which to stand will have begun. Assuming the Court remains steadfast on Holot; certainly the latest version of the infiltration law gives them plenty of reasons for being so.

            Reply to Comment
    9. Ginger Eis

      The Real Lawlessness In Judea and Samaria that +972mag and “Yesh Din” hide from the world, while making false presentations of lawlessness that are completely unsupported by verifiable facts:

      Jews are being hunted and slaughtered by Muslim-Arabs (so-called “Palestinians”)!

      Thousands of mourners gathered Wednesday morning in a West Bank settlement for the funeral of a 25-year-old Malachy Moshe Rosenfeld man who was gunned down Monday evening in Jueda & Samaria (the West Bank) while returning home from a basketball game.

      Below is a clip of the burial ceremony of Malachy Moshe Rosenfeld who is just ONE of the latest NUMEROUS victim of murder and “Lawlessness” perpetrated by the palestinians. His pregnant wife and little kids are present.

      Watch. And Weep!


      Reply to Comment
    10. Marnie

      If Jewish lives continue to be regarded as having more value than the lives of non-Jews, then no lives have any value.

      There is no comparison when you look at the numbers of Palestinians killed by Israeli settlers, Israeli police or the IDF, and the number of Jews killed by Palestinians. If you think that Palestinians are going to continue to be murdered, maimed, arrested, kicked off their land and have their homes destroyed and do nothing about it, you should ask yourself what would you do differently. I’m pretty sure if I were Palestinian I wouldn’t be sitting around waiting for some settler or solider to kill me or mine.

      Reply to Comment