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High Court of Justice

  • Between garbage and sewage: Israel's future plans for Khan al-Ahmar

    To avoid being transferred to a garbage dump in East Jerusalem, the villagers of Khan al-Ahmar will have to convince three other Bedouin communities to evacuate the area. After that, they can live near a wastewater site. By Hagai El-Ad Since the mid-1970s, Israel has been working to drive Palestinians out of the West Bank area which lies east of Jerusalem. Special efforts have been invested in emptying the "Ma’ale Adumim bubble" — the sizable swath of land extending eastwards, from the outskirts of East Jerusalem about halfway to Jordan, to be enclosed by the planned separation barrier – of Palestinians. These efforts…

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  • How to fight the demolition of a West Bank school? Start the year early

    For years the Israeli government has tried to destroy Khan al-Ahmar's eco-friendly school, along with the rest of the tiny West Bank hamlet. So the Palestinian Authority cut short the summer break and started the school year early. The students didn't seem to mind. By Oren Ziv Dozens of schoolchildren welcomed the new school year in the West Bank hamlet of Khan al-Ahmar Monday morning, a month and a half before it officially starts, in an attempt to stop the impending demolition of the entire village. [tmwinpost] Ever since Israel announced its intention to destroy Khan al-Ahmar and evict its residents, the village's eco-school, which…

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  • 'The law is what keeps the edifice of occupation from crashing down'

    Michael Sfard has spent the past two decades fighting the occupation in Israeli courts. His new book dissects the moral dilemmas of engaging with the occupation's legal system, its role in making the status quo sustainable, and why, despite it all, he remains optimistic that Israel's military rule over the Palestinians will end. By Yossi Gurvitz "The Wall and the Gate: Israel, Palestine, and the Legal Battle for Human Rights", by Michael Sfard, Metropolitan Books, 2018, 528 pages. Michael Sfard is one of the preeminent human rights lawyers in Israel today, where for the past two decades, he has confronted the occupation on its own…

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  • Israel’s High Court just made an ICC investigation more likely

    The court’s rejection of a lawsuit challenging the shooting of protesters in Gaza is a reminder that the Israeli legal system simply isn’t set up to investigate the policy makers and policies that result in alleged war crimes.  Israel’s High Court of Justice may have just inadvertently increased the possibility that senior Israeli officials might themselves show up on the docket of the International Criminal Court one day. [tmwinpost] Last Thursday night, the court rejected a legal challenge that sought to strike down the Israeli army’s policy of shooting unarmed protesters in the Gaza Strip. Six Israeli and Palestinian human…

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  • 68 Gazans have died while Israel's High Court deliberates if it's legal to kill them

    The High Court has refrained from ruling on an urgent petition about whether it is legal for the army to shoot unarmed, civilian protesters who pose no threat to human life. They have the blood of 68 people on their hands. The Israeli army has shot and killed 68 unarmed Palestinian protesters in Gaza while the Israeli High Court deliberates whether or not it is legal to shoot unarmed civilian protesters who pose no threat to human life. That number has likely gone up in the time since this article was published. [tmwinpost] When a handful of human rights groups…

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  • Top court hears first major challenge to IDF's live fire in Gaza

    Human rights groups argue the army's open-fire regulations violate international law. The government claims the use of deadly force is justified — even against unarmed demonstrators. Israel's High Court of Justice heard on Monday a major challenge to the IDF's rules of engagement, which permit the use of live fire against demonstrators who pose no danger to human life. [tmwinpost] Monday's session saw opening arguments in two petitions submitted by several prominent human rights organizations — one by the Association for Civil Rights in Israel (ACRI), Yesh Din, Gisha, and HaMoked: Center for the Defence of the Individual and one by Adalah…

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  • Israel scraps plan to forcibly deport African asylum seekers

    After failing to reach an agreement with a 'third country,' Israel announces that its plan to deport tens of thousands of African asylum seekers has collapsed. +972 Magazine Staff The Israeli government informed the High Court Tuesday that its plan to forcibly deport tens of thousands of African asylum seekers has collapsed, after failing to broker a deal with "third countries" to resettle them. [tmwinpost] The government announced that previous deportation orders would be cancelled and that asylum seekers would be able to renew their visas every two months. Meanwhile, Prime Minister Benjamin Netanyahu and Interior Minister Aryeh Deri announced that Holot, an open-air desert detention facility…

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  • Attempts to 'bypass' Israel's High Court will create a 'tyranny of the majority'

    The government wants to strip the High Court of Justice of its ability to strike down unconstitutional laws, giving the government carte blanche to violate civil and human rights. The Israeli government has in recent days advanced legislation to limit or strip the country’s High Court of Justice of its ability to strike down laws it deems unconstitutional. Critics warn that would create dictatorial powers for the executive, put the rights of the country’s Arab population and other minority groups at risk, and set Israel up for a constitutional crisis. [tmwinpost] Israel does not have a formal constitution that codifies a…

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  • In another blow to deportation plan, Israel frees jailed asylum seekers

    Israel frees 200 asylum seekers imprisoned for refusing deportation after the government admits there is no secret agreement with Uganda that allows for the mass deportation of refugees. Israel released 207 Eritrean and Sudanese asylum seekers on Sunday, all of whom had been indefinitely imprisoned for refusing deportation to Uganda or Rwanda. Israel’s High Court ruled last Tuesday that the government had until Sunday at noon to present a new agreement with Uganda that would allow the mass deportation of refugees to proceed. [tmwinpost] In the absence of an agreement, the Court ordered the government to release all asylum seekers…

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  • Rights groups: Gaza protests aren't combat, IDF must stop shooting protesters

    Israeli human rights organizations demand High Court order the state to revoke the rules of engagement that permit shooting unarmed demonstrators. After three weeks in which Israeli army snipers have killed dozens and wounded well over 1,200 protesters inside the Gaza Strip, four prominent human rights organizations petitioned Israel's High Court of Justice on Sunday, demanding that the court order the state to revoke the rules of engagement that permit shooting demonstrators who pose no danger to human life. [tmwinpost] The overwhelming majority of those who were killed and wounded by Israeli forces over the past three weeks were unarmed participants in the "Great Return March," a 45-day series…

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  • Hundreds of asylum seekers in Israel to spend Passover behind bars

    High Court extends an injunction against the planned mass deportation of African asylum seekers, but those already locked up for refusing deportation will spend the 'festival of freedom' in prison.  Hundreds of African asylum seekers will remain in Israeli prisons this Passover, their fate on hold after the country’s High Court gave the government an extension — for the third time — to respond to a petition challenging the mass deportation of asylum seekers originally planned to start this Friday. [tmwinpost] The court issued an injunction on March 15 against the deportations themselves, but Israeli authorities are still permitted to…

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  • Injunction poses first major hurdle to deportation plan

    The temporary injunction against the government's plan will remain in effect for at least another week and a half. But the mass deportations are still scheduled to begin on April 1. Israel’s top court issued a temporary injunction against the mass deportation of tens of thousands of African asylum seekers on Thursday. The decision came in a response to the first major legal challenge to Israel’s deportation plan, and will stay in effect at least another week and a half. If the state’s response satisfies the High Court, however, the deportations could still begin on schedule — April 1. [tmwinpost] While…

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  • In lead-up to mass deportation, Israel closes Holot detention facility

    For the past four years, asylum seekers and their supporters have demanded that the Holot detention center be shut down. Now it’s finally happening, but not at all how they envisioned. The Israeli government shut down the Holot detention facility, the open-air, desert detention facility built for African asylum seekers, on Wednesday after four years of operation. More than 13,000 asylum seekers were imprisoned in Holot without trial over the course of its operation, as part of the Israeli government’s efforts to force African asylum seekers out of the country. [tmwinpost] The hundreds of asylum seekers who remained in Holot…

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