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Purposive Interpretation: AAA 1966/09 'Attoun v. Minister of Interior (Judgment of November 22, 2011)
ביקורת | 1966/09 | 01.11.2012 | Adv. Yossi Wolfson
There is great rule in interpretation that a single term that appears in different statutes may have a different meanings in different statutes, according to the context and purpose of the law. This rule is connected to the principle of interpretation which governs Israeli jurisprudence – the...
The Court Presumes: HCJ 5553/09 Public Committee Against Torture in Israel v. Prime Minister of Israel (Judgment of April 26, 2010)
ביקורת | 5553/09 | 01.11.2012 | Dr. Na’ama Carmi
In a High Court petition filed in 2009, the Committee Against Torture in Israel (PCATI), sought a complete ban on the use of the use of restraints as an interrogation method during Israel security Agency (ISA) interrogations; a ban on restraining in positions that cause humiliation, pain or...
A Story of Discrimination: HCJ 8806/10 Regavim v. Prime Minister (Judgment of September 4, 2011)
ביקורת | 8806/10 | 01.11.2012 | Adv. Noam Zamir
In the last few years, every once in a while, claims are made that settlers are discriminated against in the Occupied Palestinian Territories (OPT) compared to Palestinians. These claims, though they seem to have gained prominence in public discourse lately, are not actually new. For example, when...
The Killing of Ten-Year-Old Abir Aramin in the Village of ‘Anata: HCJ 5817/08 Aramin v. Attorney General (Judgment of July 10, 2011)
ביקורת | 5817/08 | 01.12.2012 | Adv. Clara Unger
One day in January of 2007, Abir Aramin from ‘Anata, left school during recess to buy a sweet. She was killed, most likely by a rubber-coated metal bullet shot by a Border Police officer. She was only ten years old. Unfortunately, the stress in the previous sentence is on the phrase “most likely”,...
A Sewage Treatment Facility as a Parable: HCJ 4457/09 Mana’ v. Minister of Defense (Judgment of July 27, 2011)
ביקורת | 4457/09 | 01.12.2012 | Adv. Clara Unger
There is no longer a need to delve into poetry or prose.Reading the judgment and submissions in the Mana’ judgment reminds us that the metaphoric force of reality is as powerful as the inventiveness of a talented poet with the richest of imaginations.The stench, quite literally, of this case which...
Using “Security Grounds” to Legalize Illegal Settler Building: HCJ 4331/10 Municipality of Hebron v. State of Israel (Judgment of February 1, 2012)
ביקורת | 4331/10 | 30.12.2012 | Adv. Yotam Ben Hillel
When the High Court of Justice (HCJ) reviews the military's conduct in the Occupied Palestinian Territories (OPT), it routinely says that every Israeli soldier carries in his backpack the rules of customary public international law concerning the law of war and the fundamental principles of Israeli...
On Blindness: HCJ 5373/08 Abu Libdeh v. Minister of Education (Judgment of February 6, 2011)
ביקורת | 5373/08 | 01.01.2013 | Adv. Clara Unger
In 2011, the High Court of Justice (HCJ) issued a judgment in this case, which involves the right to education and equality in education for the children of East Jerusalem. It was issued after about a decade of deliberations. This commentary briefly addresses the results of this judgment, in the...
A Chain of Errors: CC (Jer.) 2347/04 Abu Judah v. the State of Israel (Judgment of August 17, 2008)
ביקורת | 2347/04 | 01.10.2013 | Adv. Yossi Wolfson
The time: Friday, February 22, 2002 at about 2:20 P.M. The place: The village of Beit Umar near Hebron. Murad Abu Judah, 13 at the time, was playing war games with his friends: He was an Israeli soldier and his friends were Palestinians. Murad held a plastic toy rifle which he had bought earlier in...
The Application of the Absentee Property Law in East Jerusalem: CA 54/82 Levy v. ‘Afaneh (Judgment of February 19, 1986)
ביקורת | 54/82 | 01.10.2013 | Adv. Yotam Ben Hillel
The Absentee Property Law, passed in 1950, is a pivotal statute in a series of legislative pieces that allowed Israel to take over the property of Palestinians who were expelled or fled during the war of 1948. It is a draconian law which severely interferes with the private property of persons...
Dispossession under the Supreme Court's Watchful Eye – On Beit Hadassah in Hebron: HCJ 175/81 Al Natsheh v. Minister of Defense (Judgment of May 19, 1981); HCJ 72/86 Zalum v. Military Commander (Judgment of March 9, 1987); HCJ 7007/03 Kawasmi v. Military Commander (Judgment of April 19, 2005)
ביקורת | 175/81, 72/86, 7007/03 | 01.12.2013 | Adv. Yotam Ben-Hillel
Dispossession can be done in many different ways. It is often no simple task to uncover these different methods, which are sometimes hidden between the lines of military orders or regulations and legal casuistry. Sometimes, however, dispossession is so obvious that there is no need to uncover it....