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A comprehensive look at 50 decisions shaping Israel's legal landscape
- 13 July 2023
- 1:08 am
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- 13 July 2023
- 1:08 am
Concerns have been raised regarding the court’s interpretations and opinions in certain cases, where they may have diverged from established laws. (Photo: CanvaPro)
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Israel’s High Court of Justice has played a significant role in shaping the country’s legal landscape. However, concerns have been raised regarding the court’s interpretations and opinions in certain cases, where they may have diverged from established laws. Let’s explore 50 notable decisions made by the High Court of Justice that have prompted discussions on the need for judicial reform.
Security and Terror:
The Supreme Court:
- Imposed severe limitations on targeted killings of terrorist leaders in 2006.
- Prohibited the use of the “neighbor rule” in 2005, hindering IDF soldiers’ safety when dealing with armed wanted terrorists.
- Restricted the demolition of terrorist homes and delayed decisions, reducing their effectiveness in 2016, 2018, and 2020.
- Heard suits brought by terrorists who are citizens of enemy states, such as Dirani in 2011.
- Limited IDF activity during fighting and established guidelines for IDF officers, as seen in the Church of the Nativity case in 2002 and Rafiah in 2004.
- Cancelled the Interior Minister’s decision to void residence permits for Hamas delegates who are Palestinian Parliament members in 2017.
- Ordered National Insurance payments for terrorists whose citizenship was cancelled in 2022.
- Refused to allow Israel to retain the bodies of killed terrorists as bargaining points, although this decision was later rescinded in 2019.
- Struck down the law denying monthly child benefits for a minor involved in terrorism in 2021.
- Interfered in IDF security considerations regarding the separation fence’s location in 2004.
Immigration:
The Supreme Court:
- Blocked government policies aimed at protecting elderly residents of south Tel Aviv from illegal employment-seeking infiltrators in 2013, 2014, and 2015.
- Prevented the government’s plan to relocate infiltrators to another African country in 2017.
- Invalidated the “collateral law” meant to encourage infiltrators to voluntarily return to their native country in 2020.
- Invalidated the Interior Minister’s decision to limit the number of non-Jewish Ukrainian refugees allowed into Israel in 2022.
- Determined the refugee status of female infiltrators based on a hypothetical possibility of undergoing circumcision in their country of birth in 2020.
- Eased the process for residency permits in Israel for Gazan Palestinians in 2017.
Zionism:
The Supreme Court:
- Interpreted the Nation State Law in a manner that limits its effect on national policy in 2021.
- Forced the Education Ministry to award the Israel Prize to a BDS supporter against its own decision in 2022.
- Struck down the Interior Minister’s decision to prevent the entry of a BDS activist in 2018.
- Struck down the Film Critics Council’s decision to forbid the screening of the controversial film “Jenin Jenin” in 2004.
- Struck down the Knesset Elections Committee’s decision to prohibit those openly supporting terror from running for Knesset in 2002 and 2020.
- Struck down the Defense Minister’s decision to exclude terrorist families from attending a ceremony for bereaved Jewish and Arab families in 2018 and 2023.
- Ordered Arabic signs in areas without Arab residents in 2002.
- Struck down suits against the illegal construction of mosques on the Temple Mount in 2004 and 2020.
- Struck down suits requesting freedom of worship for Jews on the Temple Mount in 2006 and 2021.
- Nullified the effectiveness of the law against BDS boycotts by adding stringent conditions for applying fines in 2015.
Land and Settlement:
The Supreme Court:
- Cancelled the long-standing policy allowing the establishment of villages exclusively for Jews in 2000.
- Struck down the “Regulating Law” meant to address contested land ownership in Judea and Samaria in 2014 and 2016.
- Discriminated against Israelis in outposts by ordering their demolition without sufficient proof of Arab claimants’ ownership in cases such as Amona in 2006 and 2016, and Migron in 2011.
- Expelled Jewish residents of Beit Ezra in Hevron against the owners’ wishes and the opinion of the Appeals Committee in 2012.
- Upheld the status of illegal settlements of Negev Bedouins in cases like Adalah in 1997, Abu Efash in 2000, Abu Mis’ad in 2006, and Adala in 2016.
- Upheld the racist PA law against selling land to Jews in Judea and Samaria, punishable by death, in 2022.
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The Economy:
The Supreme Court:
- Blocked the government’s plan to solve the housing crisis.
- Interfered with contract interpretations, deviating from the wording of those contracts in cases like Apropim in 1995.
- Interfered with the government’s plan for developing offshore gas fields, damaging Israel’s credibility in financial agreements in 2016.
Religion, State, and Family:
The Supreme Court:
- Forbade hospital administrators from excluding chametz during Passover in 2022 (later rescinded in 2023).
- Allowed businesses to operate on Shabbat in Tel Aviv in 2017.
- Forced a husband divorcing an unfaithful wife to share property, even if it was proven to belong solely to the husband, in 2021.
- Facilitated changing the law to allow same-sex partners to arrange surrogate pregnancies in Israel in 2020.
- Encouraged fining Channel 20 (now Channel 14) for not featuring members of the Reform Movement in broadcasts in 2017.
- Accepted a suit to allow pornographic broadcasts in 2004.
- Prevented the haredi sector from having cultural events with separate seating for men and women in 2019.
Political Skewing:
The Supreme Court:
- Struck down the Knesset’s Arutz Sheva Law, impeding broadcasts of the only right-wing radio station at the time in 2002.
- Interfered with MK Yuri Edelstein serving as Knesset Speaker, contrary to the Knesset’s bylaws in 2020.
Interim Governments – Inconsistency in Rulings:
The Supreme Court:
- Prevented the Internal Security Minister from evacuating the Orient House during an interim government in 1999.
- Struck down a suit against holding Taba negotiations during a small interim government in 2001.
- Struck down suits against concluding agreements on maritime borders with Lebanon during an interim government in 2022, even though the agreements were not brought to the Knesset.
- Created a doctrine that allows for striking down Basic Laws.
- Prevented Jewish Knesset member Michael Ben-Ari from running for the Knesset while permitting the Balad Arab party to run, contradicting the decision of the Israel Elections Committee in 2019.
- Supported the Supreme Court Chief Justice’s decision to boycott the national ceremony celebrating 50 years of settlement in Judea and Samaria in 2017.
Striking the right balance between upholding the rule of law, protecting individual rights, and respecting democratic processes will remain a critical task for Israel’s legal system. (Photo: Canva Pro)
These 50 decisions, as compiled by Dr. Assaf Malach, shed light on various rulings made by Israel’s High Court of Justice. Some critics argue that these decisions reflect an overreach of judicial power and an inclination towards personal interpretations rather than strict adherence to the law. These concerns have sparked discussions on the need for judicial reform to ensure a more balanced and transparent legal system.
The diverse range of topics covered in these rulings, from security and terror to immigration, Zionism, land and settlement issues, the economy, religion, state, and family matters, as well as political skewing, highlight the significant impact the High Court of Justice has on various aspects of Israeli society.
It is important to note that these rulings have elicited both support and criticism from different segments of the population, reflecting the ongoing debates surrounding the role and scope of the judiciary in Israel. Judicial reform advocates argue that there is a need to establish clearer boundaries and guidelines to ensure greater consistency and objectivity in decision-making.
As Israel continues to grapple with these complex legal and societal issues, the discussions around judicial reform are likely to persist. Striking the right balance between upholding the rule of law, protecting individual rights, and respecting democratic processes will remain a critical task for Israel’s legal system.
The research for this list was done by Dr. Assaf Malach, founding director of the Jewish Statesmanship Center in Jerusalem and former director of the Committee for Citizenship Studies at the Israel Ministry of Education (1915-2022). The translation of this list was done by Rochel Sylvetsky who made Aliyah in 1971 and served as Chairperson of Emunah Israel.
David Bedein is an MSW community organizer and an investigative journalist. In 1987, Bedein established the Israel Resource News Agency at Beit Agron to accompany foreign journalists in their coverage of Israel, to balance the media lobbies established by the PLO and their allies. Mr. Bedein has reported for news outlets such as CNN Radio, Makor Rishon, Philadelphia Inquirer, Los Angeles Times, BBC and The Jerusalem Post. Bedein’s work can be found at: www.IsraelBehindTheNews.com and www.cfnepr.com. A new site, unrwa-monitor.com, will be launched very soon.
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Thank you for choosing TheJ.Ca as your source for Canadian Jewish News.
We do news differently!
Our positioning as a Zionist News Media platform sets us apart from the rest. While other Canadian Jewish media are advocating increasingly biased progressive political and social agendas, TheJ.Ca is providing more and more readers with a welcome alternative and an ideological home.
We revealed the incursion of anti-Israel progressive elements such as IfNotNow into our communities. We have exposed the distorted hateful agenda of the “progressive” left political radicals who brought Linda Sarsour to our cities, and we were first to report on many disturbing incidents of Nazi-based hate towards Jews across Canada.
But we can’t do it alone. We need your HELP!
Our ability to thrive and grow in 2020 and beyond depends on the generosity of committed readers and supporters like you.
Monthly support is a great way to help us sustain our operations. We greatly appreciate any contributions you can make to support Jewish Journalism.
We thank you for your ongoing support.
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