המוקד להגנת הפרט
عر HE wheel chair icon
back to main page
Court Watch
show by: newest first results in page: 10
by date range
to
show articles by theme:
showing results 1-10 out of 50
Compensation for Civilians Injured by Security Forces Activity: CA 5964/92 Bani ‘Odeh v. State of Israel (Judgment of March 20, 2002)
ביקורת | 5964/92 | 01.02.2011 | Adv. Alon Margalit
A civilian, resident of the occupied territory, who is not taking part in combat is injured in the course of security forces activity and suffers bodily or property damages. He files a compensation claim against the state with a court in Israel. Israeli statute determines that the state is not...
Torture in Secret Facility 1391: HCJ 11447/04 HaMoked: Center for the Defence of the Individual v. State of Israel (Judgment of June 14, 2006)
ביקורת | 11447/04 | 01.03.2011 | Adv. Alon Margalit
In 2003, HaMoked: Center for the Defence of the Individual filed a public petition against the very existence of a secret incarceration facility in Israel, Facility 1391, located in a secret military base in central Israel. Testimonies gathered by HaMoked suggested that under the shroud of secrecy...
Suppression of Political Activity in the Occupied Palestinian Territories: HCJ 660/88 In’ash al-Usra Association v. IDF Commander in the Judea and Samaria Area (Judgment of October 11, 1989)
ביקורת | 660/88 | 01.03.2011 | Adv. Yossi Wolfson
Forced military rule naturally arouses political resistance among those it subjugates. Hence, it inherently involves suppressing the political life of the subjugated population. In fact, suppression or manipulation of the political life is a necessary condition for the survival of oppression....
The Legality of the Separation Wall: HCJ 7957/04 Mara’abe v. Prime Minister of Israel (Judgment of September 15, 2009)
ביקורת | 7957/04 | 01.04.2011 | Adv. Yossi Wolfson
The Mara’abe judgment, like many Supreme Court judgments in the past decade, reads partly as a judgment and partly as a statement of defense or a polemic. The judgment concerns the legality of the separation wall in the segment south of Qalqiliya. In this particular segment, the wall penetrates...
The Interpretation of the Geneva Convention by the Justices of the Supreme Court: HCJ 253/88 Sajdiya v. Minister of Defense (Judgment of November 8, 1988)
ביקורת | 253/88 | 01.04.2011 | Adv. Yossi Wolfson
In the beginning of the first intifada, Israel conducted mass arrests in the Occupied Palestinian Territories (OPT). Many detainees were transferred to a special holding facility built far away in Ktzi'ot, in the Negev region, inside Israel.In the Sajdiya judgment, the Supreme Court reviewed a...
Open-Fire Regulations: CA 7995/02 Military Commander in the Judea and Samaria Area v. Sha’anubi (Judgment of September 25, 2007)
ביקורת | 7995/02 | 10.09.2011 | Adv. Yossi Wolfson
It is commonly accepted that law enforcement agencies have the authority to use force in order to apprehend suspected offenders. This authority is far reaching: it does not concern self-defense or stopping the commission of an offense, nor use of force in order to enforce a served judgment. This is...
On “Targeted Killings”, Civilian Participation in Hostilities and the Duty to Investigate: HCJ 474/02 Thabet v. Attorney General (Judgment of January 30, 2011)
ביקורת | 474/02 | 01.12.2011 | Adv. Alon Margalit
In December 2000, somewhere in the Tulkarm area, Israeli security forces shot and killed the petitioner’s husband. She wrote to the attorney general, asking him to order a criminal investigation of the incident and those responsible for it, but she was denied. The authorities said her late husband...
Demolition of Palestinian Homes in Hebron to Ease the Daily Life of Jewish Settlers: HCJ 10356/02 Haas v. IDF Commander in the West Bank (Judgment of March 4, 2004)
ביקורת | 10356/02 | 01.12.2011 | Adv. Yossi Wolfson
In one of the Israeli Supreme Court’s comprehensive judgments regarding the law applicable in the OPT, the court acknowledged the constitutional status of the human rights of residents of the OPT. In that same judgment, the High Court of Justice (HCJ) sanctioned the demolition of Palestinian houses...
Fighting Auto Theft in Israel: MApp 4506/08 ‘Ajaj v. State of Israel (Judgment of May 1, 2008); MCrimApp 4343/08 ‘Ajaj v. State of Israel (Judgment of June 29, 2008)
ביקורת | 4506/08, 4343/08 | 01.12.2011 | Adv. Yossi Wolfson
One of the central tenets of the laws of occupation is that the discretion of the military commander of an occupied territory is constricted by two magnetic poles: the military needs of the occupying power on one hand and the interests of the population of the occupied territory on the other. The...
On Tearing Down Walls, Solidarity among Nations, and Trains: HCJ 281/11 Head of Beit Iksa Local Council v. Minister of Defense (Judgment of September 6, 2011)
ביקורת | 281/11 | 01.01.2012 | Adv. Yotam Ben Hillel
In these times of diplomatic standstill, when the end to the Israeli occupation of the Palestinian territory seems as distant as ever, here are some heartwarming words, surprisingly, with respect to mass public transportation:[I]n order to examine the benefit inherent in the railway line… a broad...