Center for Security and Democracy

The Center for Security and Democracy addresses what is perhaps the greatest challenge facing the State of Israel: how to preserve a free society under conditions of permanent siege.  Its mission is to assist decision-makers to craft a proper balance between competing values: the imperative of preserving Israel's national security on the one hand, and the need to protect human rights and civil liberties on the other. The center works on questions of national security and the law, civil-military relations, counterterrorism policy and Israel's international legitimacy in the struggle against terrorism.

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    Prof. Suzie Navot

    Vice President, Research

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    Suzie Navot is a full professor of constitutional and parliamentary law and, prior to her appointment, was a member of the faculty of the Striks School of Law at the College of Management Academic Studies. She earned a bachelor's degree in law from Tel Aviv University, an M.A in public policy from the Faculty of Social Sciences at Tel Aviv University and holds a doctorate in law from the Hebrew University of Jerusalem.

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    Dr. Eran Shamir-Borer

    Director

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    Dr. Eran Shamir-Borer serves as the Director of the Center for National Security and Democracy since September 2022.

    Prior, Eran served for over 20 years in various positions in the International Law Department of the Military Advocate General's Corps in the Israel Defense Forces (IDF), including as the head of the department, and retired at the rank of Colonel.

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    Prof. Amichai Cohen

    Head, the Amnon Lipkin-Shahak Program on National Security and the Law; Senior Fellow

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    amichai@idi.org.il

    Professor Amichai Cohen is a member of the Faculty of Law at Ono Academic College. He earned his LL.B. from the Hebrew University of Jerusalem and his LL.M. and LL.D. from Yale Law School at Yale University.

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    Prof. Yuval Shany

    Senior Fellow at the Amnon Lipkin-Shahak Program on National Security and the Law

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    Among other things, he has researched questions of right to equality, security detention, interrogation techniques, on-line surveillance and content moderation, military investigations, proportionality in the application of force, jurisdiction of international criminal tribunals and counterterrorism.

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    Dr. Yael Litmanovitz

    Senior Researcher

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    yaelz@idi.org.il

    Dr. Yael Litmanovitz holds an MSc and a doctorate from the University of Oxford.  Her thesis developed the evidence-base for police training in democratic societies. She worked with Israeli Border Police to design and trial a training intervention on procedurally just policing of protests.

    Since 2008 she has collaborated with and studied police organizations in Israel and abroad, focusing on issues of police reform, police training, fair and equitable policing, and evidence-based policing. Her papers have been published in leading journals.

    She is also a Teaching Fellow at Centre for Criminology, Hebrew University of Jerusalem, teaching policing-related undergraduate courses as part of the Israel Police academicization program.

    Prior to joining IDI, Dr. Litmanovitz was a Researcher at the Myer-JDC Brookdale Institute, where she worked with the Arab Society Research Group, leading the comprehensive evaluation of the five-year socio-economic development plan for the Bedouin population.

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    Dr. Asaf Malchi

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    asafm@idi.org.il

    Dr. Asaf Malchi is a senior researcher at the Israel Democracy Institute, in the Ultra-Orthodox in Israel program. His research focuses on current social and economic trends  in the community, in the areas of employment,  higher education, military and Civilian National Service, and more. These studies provide important input to decision makers in crafting policy on the ultra-Orthodox.

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    Adv. Mirit Lavi

    Researcher

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    miritsh@idi.org.il

    Adv. Mirit Sharabi-Lavi holds a bachelor's degree in law from the Hebrew University in Jerusalem, and a master's degree (cum laude) in international dispute settlement and arbitration from Leiden University. Before she started working at the IDI, Mirit worked at the Israeli Embassy to the Netherlands, focusing on international law and the various international courts and organizations in The Hague. She also worked at the Office of the Deputy Attorney General (International Law) in the Israeli Ministry of Justice, in the fields of international economic law and international technology law. She previously conducted research in the fields of space law, cyber law and privacy law.

Amnesty International's report on the war in Gaza fails to prove acts of genocide by Israel, even when attempts are made to move the goalposts.

In the second installment of their two-part analysis of the ICC's decision to issue arrest warrants against Israeli leaders, Prof. Yuval Shany and Prof. Amichai Cohen examine the arguments behind the arrest warrants and steps Israel can take to prevent them from being realized. 

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IDI's Prof. Yuval Shany and Prof. Irwin Cotler discuss the ICC arrest warrants issued against Israel's Prime Minister and former Defense Minister. The event was hosted by the International Jewish Lawyers organization in partnership with the American Association of Jewish Lawyers and Jurists (AAJLJ). 

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IDI's Dr. Eran Shamir-Borer, Director for the Center for Security and Democracy, and formerly the head of the IDF’s International Law Department, joined the Jewish Federations of North America for an online discussion of the implications of the warrants and possible steps Israel can take to counter them.

The ICC's unprecedented arrest warrants against leaders of a democratic state carry severe and far-reaching consequences, yet Israel still has far-reaching options to mitigate the damage. 

On November 21, 2024, the Pre-Trial Chamber of the International Criminal Court (ICC) issued four decisions. These deal with various legal matters arising out of the Prosecutor’s May 20 request to issue arrest warrants as part of his ongoing investigation of the Situation in Palestine, in the context of the War in Gaza.

Israel will likely not succeed in forcing the Court to annul its orders, and attempting to do so will make it even harder for its allies to support it. Instead, it can conduct an independent and effective investigation, avoiding problematic statements, and adhere to the laws of armed conflict.

The Police Commissioner's decision to terminate the Israel Police Legal Advisor without consulting the Attorney General to whom the Police Lega Advisor is professionally subordinate the most recent worrying sign of the problematic relations between the Attorney General and various government officials.

IDI experts Prof. Amichai Cohen and Prof. Yuval Shany analyze the legality of the September explosions targeting Hezbollah pagers and walkie-talkies through three legal frameworks: the right to use force, principles of distinction and proportionality, and the legality of employing these devices under laws regulating choice of weapons. 

Prof. Cohen and Prof. Shany discuss three possible rationales for the ICJ's rejection of Israel’s security concerns and offer a few final observations on the appropriate balance that should hold between security considerations and continued presence in occupied territories.

A recent judgment of the Israeli Supreme Court held that conditions in a notorious detention center must comply with Israeli law.

To protect the credibility of the police as an impartial law enforcement agency, independent oversight over the police prosecution unit - the police unit that issues criminal charges - must be increased through the Attorney General's office.

A special survey conducted in July 2024 evaluated public opinion on the need to establish a commission of inquiry into the tragic events of October 7th, 2024.

The Prime Minister’s decision to retain the power to determine the parameters and scope of the hostage deal as a “policy issue” disregards the implications such a deal has on security issues. Israeli history underscores the importance of convening the security cabinet and upholding the appropriate democratic channels in times of war.

The rule of law is a fundamental democratic principle, meaning that all governing bodies are subject to and must comply with the law. Despite the complexities inherent in ongoing war, this is true also of the IDF, and only decisive action against breaches of conduct may protect the rule of law in Israel and Jewish morality. 

On Monday August 5, 2024 and Tuesday August 6, 2024—900 ultra-Orthodox yeshiva students were required to present themselves at IDF enlistment centers. Shlomit Ravitsky Tur-Paz, Dr. Eran Shamir-Borer and Mirit Lavi explain the next steps the IDF will need to take in order to enforce the legal obligation of conscription. 

An in-depth analysis of the advisory opinion of the ICJ on the legal consequences of Israel's policies and practices in the 'occupied Palestinian territory.'

Investigating allegations of abuse at the Sde Teiman detention facility is Israel's moral and legal duty as a rule-based democracy and protects the country on the international legal and diplomatic front. 

The ICJ Advisory Opinion on Israel's policies in the territories of the West Bank (Judea and Samaria) are illegal but was more divided on other salient factual and legal findings.

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The Supreme Court’s landmark ruling determined that ultra-Orthodox men must serve in the army poses numerous challenges for the IDF. What are the challenges of drafting the ultra-Orthodox and how should the IDF go about overcoming them?

Nine Supreme Court Justices ruled unanimously that the state must act to enforce Israeli conscription legislation and apply it to Haredi men. For this to be realized the IDF and the defense establishment must also make significant changes. These are the issues the IDF should take into consideration.

If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

The State Inquiry Commission on Naval Vessels was tasked with examining the decision-making processes at both the professional and political levels between 2009-2016 in relation to the acquisition of naval vessels during those years. 

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"Basically we've entered into a new unknown terrain," says IDI President Yohanan Plesner.

Israeli Supreme Court Hearing on what is known as the "Ben Gvir Amendment" to the Israel Police Ordinance.

The roots of the crisis between Israel and the United States are supposedly in Rafah. But the key to resurrecting the relationship lies far from Gaza, between Moscow and Beijing.

Ahead of the Shavuot holiday, the Israel Democracy Institute is releasing a series of source materials for study during the "tikkun leil Shavuot" (the traditional Shavuot eve study session).

Article 18 to the ICC Statute requires the Prosecutor to notify the relevant States regarding a decision to open an investigation, providing those States the opportunity to request deferral of the investigation, because of the existence of a domestic investigation. The Prosecutor’s approach of not issuing new notifications new charges emerged weakens the ability of the Pre-Trial Chamber to monitor the implementation of the complementarity principle.

The model that has supported the IDF and Israeli society since the state's founding and has been eroded over the years received renewed reinforcement in the current war. The avoidance of participation by Haredim places it at renewed risk.

A serious public and governmental discussion is needed regarding the privatization of internal security governance that we are currently witnessing, and its implications. This privatization threatens us all.

The issuance of additional interim orders in the genocide proceedings underway at the ICJ limits Israel’s operational wiggle room in Rafah, but leaves it with some flexibility in the interpretation and implementation of the new orders.

In this article, we wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant, at least as it was presented in the Prosecutor’s short announcement and by the expert report supporting it. 

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IDI's Prof. Amichai Cohen, an expert in international law, explains the repercussions that ICC warrants may have on Israel. Should these warrants be issued, 120 countries would be obligated to execute them. They could severely damage Israel's international image, impacting Israeli officials as well as economic and cultural cooperation

The proposed law ignores the dramatic change in Israel's security situation since October 7 and does not address the need for more combat soldiers, nor does it respect the burden on the populations that already serve.

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Demands to lower the flames of criticism cannot legitimately be made by a government taking actions driven by narrow political interests. If the government does not act in a nonpartisan manner, they cannot demand those who hold different views refrain from opposing political action. 

The increase in the number of complaints of police violence submitted to the DIPI over the last year raises serious questions, especially in light of the timing in which the current Government and Minister of National Security took office. This research surveys the trends in complaints of police violence. 

From damage to scientific collaboration to cancellation of arms deals, arrest warrants for senior Israeli officials from the International Criminal Court in the Hague would pose a serious challenge to Israel

The Iranian missile attack on April 13th set a very dangerous precedent for the future. Had one of the few missiles that managed to penetrate Israel's air-defense shield been fitted with a nuclear warhead, the outcome would have been devastating. This is why the phenomenal achievement of the Israeli Air Force and its allies on Saturday night must not blind us to the danger ahead.

Response to the Government's Proposal for Haredi (non-) Conscription by Yohanan Plesner, President of the Israel Democracy Institute, and Dr. Gilad Malach, Head of IDI's Ultra-Orthodox in Israel Program

The government wishes to amend the Military Service Law and Reserve Service Law due to the new security circumstances arising from the outbreak of the war in Gaza. While recognizing the immediate imperative to respond to IDF's personnel needs, we oppose these legislative proposals. 

What is the connection between the expiration of the conscription law and the budgets for yeshivas? What exactly was discussed in the Supreme Court and is the state in violation of the law? Bottom line, will the ultra-Orthodox be recruited, or not?

The history of the ultra-Orthodox exemption from service in the Israeli Defense Force (IDF), from the 1948 until today. 

In a few days, Israel's Muslim citizens will begin celebrating the month of Ramadan. While safeguarding this ritual and protecting freedom of worship, security forces will face challenges in defending public security, as this is considered a sensitive time. With the influx Israeli citizens taking part in the civilian defense squads and licensing themselves, the police must make serious efforts to ensure all Israeli citizens feel safe. 

With US arsenals stretched to the limit and other allies lining up for their share, it's time to forge a new defense supply channel.

The US, the UK, France and other states have announced the imposition of economic sanctions on Israeli residents who are believed to be complicit in 'settler violence.' This document aims to outline the framework of international economic sanctions and contextualize the sanctions imposed on Israelis. 

Israeli reserve soldiers are making unimaginable sacrifices to protect their country. To rise to the challenge of meeting the IDF's expanded personnel needs, Israel's policy solutions must be as diverse as are the reservists serving this nation. A "one-size-fits-all" compensation approach will not cut it. 

In its order on provisional measures, the Court appeared to engage in transactional justice. It used harsh rhetoric to describe the catastrophic situation in the Gaza Strip while minimizing the impact of the order by adopting ambiguous language on the contents and scope of the plausibility test.

A decision to allow Palestinian workers back into Israel is not at all a simple matter. Despite recommendations by Israel's security agencies to allow entry to Palestinian workers, the Ministers of Construction and of the Economy oppose it for security reasons. As alternative solutions to the severe shortage of workers are unsatisfactory, we must ask ourselves whether we, as a country, are prepared to withstand another socioeconomic crisis.

While neither Israel nor South Africa achieved a complete win, one thing is clear: the story of Israel before the ICJ is only beginning

While the ICJ decision briefly mentions the immediate context of the lawsuit, namely the Hamas attack on October 7, 2023, Judge Barak directs them to the full picture that they did not address. He writes about the events of October 7 as Israelis know them to be true.

Prof. Amichai Cohen, a senior fellow at the Israel Democracy Institute and an expert in international law, made the following comments on the International Court of Justice (ICJ) decision today regarding provisional measures in the case of South Africa v. Israel on the Application of the Genocide Convention.

On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa’s genocide case against Israel. Joining the Just Security Podcast to discuss the Court’s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and IDI's Yuval Shany.

Beyond the fact that the Torah does not make the call to commit genocide, the Tanach and its interpretations in fact obligate the Jewish people to abide by the laws of war. To a large extent, humanity's earliest laws of war can be found in the Bible. 

The International Court of Justice (ICJ) at the Hague held public hearings in the case against Israel for alleged violations of the Genocide Convention. In this essay we address three aspects of the case: the ways the parties framed the events, the request to suspend Israeli military operations, and the conditions for issuing provisional measures. 

One of the claims brought forth in the Application against Israel that it is committing genocide against the Palestinians is that many senior members of the government made references to the biblical precept to wipe out the memory of the ancient Amaleks. This is my professional opinion on the meaning of these locutions and the use made of them in the Application. 

The ICJ is hearing allegations that Israel has violated the Convention on the Prevention and Punishment of the Crime of Genocide. What is the ICJ? How is the government responding? What are the implications for the war against Hamas and Israel’s international standing?
All the answers in a special IDI explainer.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

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IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

The recent application by South Africa to the International Court of Justice brought against Israel under the Genocide Convention illuminates how international law and international institutions can be employed to address the Israel-Hamas war.

The need for expanded IDF service is clear—but the options for achieving this are rife with political contention and economic consequences. The time to rethink long-term security arrangements is after the fog of war lifts, under newly elected leaders with broad public legitimacy. 

International law is a normative system that regulates the conduct between states, organizations recognized by international law and at times, individuals. This explainer presents an overview of international law in conflict and its application in Israel's war against Hamas.   

Is the IDF acting legally and ethically in Gaza? The Times of Israel recently held an hour-long webinar on this topic with IDI's Prof. Amichai Cohen.

During the October 7th attacks, the home front became the front line with Israelis attacked in their own homes. This new reality led not only to a beefed-up presence of police and military forces in public spaces, but to civilian-based security initiatives in many communities. Finding the right balance between the police and civilians is imperative to providing much-needed safety and security for all Israelis.

This article discusses the responsibilities of the international community with respect to the ongoing war in Gaza, and particularly focusing on responsibilities with regard to the hostage situation. 

In recent weeks, since the outbreak of the war in Gaza, some 800 new civilian defense squads have been set up throughout Israel. Each squad consists of local residents who serve as civilian operational reserve forces, available for rapid deployment to assist national security forces during security events and emergency situations.

Attempts by the Prime Minister to influence the Chief Censor may indicate a concerning erosion of the Military Censor’s independence and professionalism. Clearly, state secrets must be protected, especially during war, but there are better ways for this to be accomplished, more suited to a democratic state.

Appeals to the HCJ to intervene in decisions relating to the release of prisoners are fairly common, but the Court has repeatedly rejected these appeals, noting that on issues of national defense and diplomacy, the bounds for judicial oversight are particularly narrow. 

The Israeli war cabinet and the complex institutional structure related to war informs greatly on Israel’s decision-making.

The state has a moral and ethical duty of the highest order to act as quickly as possible to free and return all the hostages and the missing. But what is the legal mechanism that should be applied when agreeing deals to secure their release which also involve freeing Palestinian prisoners from Israeli prisons?

The paradigm of reliance on technology for our security seems to have led us to a point in which infinite data points and technological tools are at our disposal failed to produce a response. It is of course essential to continue investing in technological superiority, but this needs to be done with a clearer head.

The heads of the established traditional Haredi yeshivot have instructed their institutions to continue studies as normal during the current state of emergency, in accordance with the belief in the power of Torah study to protect the people of Israel. By contrast, the messages heard from various other rabbis reflect an understanding of changing needs and offer a blueprint for a new leadership vision.

The ongoing war highlights the transformation of technology giants, once American-based corporations, into international entities. Within the Western aid package to Israel, it is imperative to enforce global accountability upon these companies

Israel's new firearms regulations now allow hundreds of thousands of citizens to carry handguns, without the necessary checks or oversight. They have been passed too rapidly during the current emergency, without enough thought about the dangerous consequences of dramatically expanding eligibility for a handgun license.

The current round of violence between Hamas and Israel has already given rise to many expressions of legal opinion. In this essay, we map some key assumptions and unpack how they can significantly affect ongoing legal debates and deliberations. 

International law does not forbid the evacuation of residents to the southern Gaza Strip; on the contrary, it would appear to demand of Israel that it warns residents and encourages them to leave.

Hamas’s horrendous October 7 attack on Israeli civilians and Israel’s anticipated response pose a unique challenge to scholars and practitioners of the Law of Armed Conflict or International Humanitarian Law (IHL), possibly a challenge they have never faced before.

Despite being at war, more Israelis are optimistic about the future of the country than earlier this year, yet most Israelis (64%) fear for their physical safety or that of their immediate family members.

The article explores the applicability of international human rights law (IHRL) to the atrocities committed by Hamas on October 7, 2023. Such an analysis is important to fill in gaps in IHL and to establish the jurisdiction of IHRL mechanisms over the violations committed. 

The government has once again declared a "special home front situation" as the war in the north intensifies. What does this mean?

Is the operation in Gaza a war, who is authorized declare war and what is the role of the cabinet and the government after war is declared?

The hurt felt by the broad section of the Israeli public that is moderately traditional may have serious consequences for the struggle against the government’s judicial overhaul.

While technology cannot eliminate uncertainty or surprise, it can help decision-makers think about the future.

One of the important lessons learned from the Yom Kippur War was that the authority of government ministers to decide on security-related matters must be strengthened; However, even after five decades, the proper balance between the authority of the prime minister and the members of the security cabinet has not yet been properly regulated.

A volunteer civilian army is possible only when a shared core of social values exists among citizens. But deepening social and political tensions has threatened this system.

The Israeli governing coalition is now “only” trying to strip the Supreme Court of its power to conduct reasonableness review of cabinet decisions.

Hezbollah has established armed outposts beyond the “Blue Line” that separates Lebanon from Israel. So far, Israel has chosen diplomatic recourse, which is wiser.

The latest military action in the Gaza Strip was authorized only by the Prime Minister and the Defense Minister, without the prior approval of the Security Cabinet. Israeli decision-makers must ask themselves if this is really the way matters of war and peace should be decided in a democracy.

The ultra-Orthodox (Haredi) Conscription bill, if passed into law, would in effect, allow Haredi men to totally avoid military service.

The proposed government resolution fails to explain why a National Guard is needed, how to ensure that it does not target minority groups unjustifiably, and what the division of labor will be with the police. It is also liable to result in the increased militarization of law enforcement in Israel, which could lead to disproportionate infringement of human rights.

The second article in this series describes in depth how the Supreme Court used its authority, why it encountered a backlash, and what current proposals to limit the power of the Court to exercise judicial review over Knesset legislation look like.

Political discontent with the power relationship between the judiciary and the political branches has been percolating since the 1990s, often in connection with criminal proceedings against senior politicians. Prof. Amichai Cohen and Dr. Yuval Shany provide context for the ongoing debate concerning recent legal developments in Israel, so that outside observers can follow them more closely.

Negating the plans of the other camp is not enough. The public enthusiasm present a rare opportunity, to enlist public support for strengthening and entrenching Israel’s liberal democratic identity.

Jack Omer-Jackman, Research Associate at BICOM speaks to Professor Amichai Cohen on the proposed reforms, how Israel’s system compares internationally and what to expect next. Cohen also comments on the distinction between populist and conservative potential reforms, and on the relationship between the judiciary and security policy.

The debate surrounding the Override Clause should really focus on the disproportionate power of the Knesset and not on the power of the Supreme Court. All other democracies have structural mechanisms that limit the concentration of power in the hands of one institutions - we must create such a mechanism in Israel as well.

The government's aim to apply sovereignty in the territories and soften the Supreme Court may harm Israel's global standing

The bill to amend the Police Ordinance has been compared to practices in other countries - however it ignores the fact that other countries have in place procedures that guarantee the operational independence of the police when it implements the policies laid down to guide its actions

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Prof. Amichai Cohen, Senior Fellow at IDI, the Center for Security and Democracy, provides an in-depth historical overview of Israel's constitutional crisis and the background to the currently proposed judicial review reforms, particularly, the "override clause".

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Ahead of the annual 2022 National Security and Democracy IDI published a special survey to examine the views of Jewish Israeli on a series of issues relating to their relationship with the IDF and the country’s security challenges. The survey found that while there is wide support for opening the ranks to women in combat units and a large plurality would prefer that their children serve in the IDF’s technological units.

In the decades since the end of the Cold War, regional nuclear powers are adopting strategic doctrines that revolve around the first use of nuclear weapons. This should be particularly worrying for Middle Easterners contemplating their own nuclear future. 

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Operation Breaking Dawn was brief and successful, nevertheless the decision-making process for matters of national security must be reformed to deal also with worst-case scenarios

The bill to extend the regulations that apply Israeli law to Israelis living in Judea and Samaria failed to pass the preliminary Knesset plenum vote on Monday. Dr. Libman explains the law's history as well as the consequences of failing to pass it by the end of June 2022.

The model underlying the IDF’s success is in grave danger -  we must have the courage to change its outdated model of service

The expiration of the Judea and Samaria Law will have dramatic consequences for both Israelis and Palestinians. Is there a way to bypass this expiration? Will Israelis residing in the territories be able to vote in the elections? What else is at risk?

The bill to extend the validity of regulations that apply Israeli law to Israelis living in Judea and Samaria failed to pass the preliminary Knesset plenum vote Monday - Dr. Libman explains the law's history and its implications

A broader public debate over the principle of equality is current in Israel and is one of the fundamental rights in a democracy - it should then be clear that the IDF must ensure gender equality - it is possible and must be done. 

Harsh measures often have unintended consequences – and, when it comes to collective punishment, they also have troubling moral implications

The IDF, like every other state institution in Israel, is obligated to the principle of equality – meaning that any woman who is capable of doing so must be permitted to serve in elite combat units

 

 

Over the years and especially in recent decades, the concept of gender equality has also become relevant to the discussion of military service, and more and more roles have been opened up to women serving in the IDF. Dr. Idit Shafran Gittleman presents an overview of women in the IDF since its establishment.

The decline in public trust in the IDF is troubling – especially among youngers Israelis who will soon fill the IDF’s ranks. What can be done to reverse this trend?

Granting the executive broad authority to target entities and individuals on the basis of secret evidence is problematic and the process must be reformed

Even if we accept the argument that lowering the exemption age exacerbates existing discrimination, we should still assess the proportionality of this harm. Basic rights such as equality are not absolute, and are sometimes subject to restrictions in the face of a pressing public interest.

False quick-spreading claims blamed an IDF soldier's death on overly stringent rules of engagement. What took the military so long to set the record straight?

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With international institutions once again a cornerstone of US foreign policy, Israel will have to adjust accordingly

The Knesset recently failed to pass an extension of the Citizenship and Entry into Israel Law was adopted in 2003 as a temporary order. Israel's government must now reconsider whether there is indeed a security justification for the sweeping provisions that have been in place until now, and whether there are alternatives that can minimize the potential violation of human rights resulting from the original law.

IDI experts answer questions on the balance of powers at the Security Council, whether any dramatic resolutions can be expected, and the extent to which the debate and international pressure effect the IDF.

Despite the significant changes resulting from the expansion of women’s service in IDF units, gender still remains a criterion for screening the assignments of military personnel in 2021

The ICC's ruling to allow the possibility of an investigation into Israeli actions is only the start of a process that is likely to go on for many years. What are the next steps and what are the possible implications for Israel?

The handwriting was on the wall. Since the founding of the State, rabbis have served as middlemen between the government and the ultra-Orthodox. We must acknowledge that this approach has failed miserably.

The decision to call in the IDF is dealing a double blow to the country - it is both ineffective and is damaging the public’s trust in the IDF

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Elections are an attempt, not always successful, to translate the voters’ wishes into a well-functioning and representative government - however no democracy anywhere in the world makes do with elections to a single institution as the only means for implementing democracy

What are the possible human rights implications of annexing parts of the West Bank? In these experts from a more detailed analysis in Hebrew, IDI  detail the rights that might be violated if the plan moves forward.

IDI experts held today an online briefing focusing on potential plans by Israel's government to apply sovereignty in areas of the West Bank as part of the U.S’ ‘Deal of the Century’

A key component of US President Trump's 'Peace to Prosperity' plan is the clause allowing Israel to annex parts of the West Bank. What do Israelis and Palestinians say about this plan and what would it look like on the ground? Prof. Amichai Cohen has all the answers in this explainer

Israeli's Supreme Court ruling on the Regularization Law touches on the heart of the legal battle inherent in the power struggle between settlers and Palestinians.

After three contentious election campaigns Israel's new government has been sworn in. IDI's experts weigh-in with their recommendations on the most important issues on the agenda. Prof. Amichai Cohen writes about the matters that should be at the top of the agenda to improve Israel's security and resilience.

The “Deal of the Century” and Human Rights: An overview of territorial exchanges and the status of the Palestinians in the annexed Areas 

On January 21st, the ICC’s pre-trial court decided to reject the prosecutor’s request to allow her to submit a petition - on technical grounds. So what's next?

What are the legal barriers standing in the way of the current government implementing the U.S.'s “Deal of the Century” peace plan?

The last decade has seen the most meaningful changes in gender equality and women’s service in the IDF since the State was established.

Everything you wanted to know about the International Criminal Court in The Hague and its decision to open an investigation against Israel for war crimes

There is a vagueness about the authority to make fateful decisions for the country, including what even counts as war.

What really lies behind the most recent rabbinical directive on modesty in the IDF - and how does it pits religious soldiers against IDF's core values to the extent of risking insubordination. 

Supporters and opponents argue the pros and cons of such a deal but instead of asking whether a mutual defense treaty would be good or bad for Israel, it would be better to focus on the specific elements of such a treaty.

 

Creating a gender-equal military is a complicated task, but the IDF must not forget its responsibility, nevertheless many Israeli soldiers have not been trained on gender equality says Idit Shafran Gittleman.

A controversial decision delivered by the Supreme Court on May 2 could be an important test case for its ability to withstand political attacks, which call to curb the court’s authority and power

Against the backdrop of the armed conflict between Israel and the Hamas - is limiting the space available for fishing near Gaza's shores collective punishment?

Another Election? It Has its Pluses for the Public and for Democracy. Voters got to see how parties behaved after elections, and parties now know the real risk of a hardline negotiation stance.

Israeli military officers are less tolerant of higher civilian casualties than their American counterparts.

The report and its conclusions, regardless of whether or not they will be acceptable to the State of Israel, once again highlight the importance of the rule of law, and bring to the fore the need for in-depth investigations of events which might be construed as in violation of international law

In its fight against terrorism, Israel has often been proud of its ability to effectively fight terrorism, while remaining faithful to democratic principles. House demolitions were always considered a necessary evil, which could be resorted to in very exceptional circumstances - are we now facing populist trends that runs contrary to the traditional ethos of subjecting counterterrorism policies to rule-of-law constraints.

 

For Israel, coping with the situation in the Gaza Strip is far from simple. The way the situation is handled has security, economic, humanitarian, and political implications. Therefore leadership must act and speak responsibly - this is not always the case.

Guaranteeing an independent Supreme Court. Integrating the Ultra-Orthodox into the IDF. Boosting participation of Arab women in the workforce. Improving the ease of doing business in Israel. These are some of the challenges facing IDI’s new cadre of program and center directors.

Initial observations on Israeli's Military Advocate General's decision to conclude investigation into 'Black Friday'.

 

Now is the time to rise above petty politics and pass a draft law that will uphold the principle of civic equality in Israel.

 

"Even a bit more justice than now is better" said Liron Libman in an interview on administrative detention.

The Lod district court decision illustrates the possible dangers to criminal defendant’s human rights though the expanding defense of necessity and the lack of separation between the preventive and criminal phases of the investigation.

IDI puts forth analysis of why the proposed conscription plan for the ultra-Orthodox is problematic and offers an alternative approach

Yohanan Plesner discusses with Tipping Point the "People's Army". Can a compromise be reached and is "sharing the burden" of military service a realistic goal? 

While collective harm may be justified in some circumstances, collective punishment should never be allowed: one person’s rights should not be taken hostage to influence the behavior of others.

Professor Yuval Shany and Professor Amichai Cohen discuss the pivotal role of the IDF in Israeli life - past and present. 

Israel’s supporters, who have the nation’s best interests at heart, should resist the urge to engage in partisan smear campaigns that attempt to tarnish the reputations of patriots who are on the frontlines of the struggle for Israel’s legitimacy as a Jewish and democratic state. We have enough enemies on our borders.

Yohanan Plesner, President of the Israel Democracy Institute cautions that the Ministry of Defense’s proposed draft bill “endangers IDF’s model of service as a “People's Army” based on the principle of mandatory service for all

The case of Yesh Din vs. The Chief of the General Staff HCJ 3003/18

The Supreme Court of Israel recently dismissed a petition against the rules of engagement governing use of force by the Israeli security forces in the violent clashes in Gaza

Following the approval of the “Cabinet Law,” allowing the government to delegate its authority to declare war to the National Security Cabinet, IDI Senior Professor Prof. Amichai Cohen, and expert on national security law, contends that the bill addresses a critical issue but has been passed too hastily

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The Democracy Pavilion, a unique multi-media experience, in full 360 degree technology, showcasing the values embedded in Israel’s Declaration of Independence, is open to the public.

Despite the transformation of Israeli society, the IDF’s model of service has not changed. Military service continues to be a rite of passage for young Israelis and the IDF retains its status as the most trusted institution in Israel. Prof. Yuval Shany, Maj.-Gen. (ret.) Orna Barbivai and Prof. Amichai Cohen sit down to discuss the challenges facing the IDF and Israeli society in a changing security environment.

On the occasion of International Women’s Day we should devote some thought to the impact the IDF chief of staff's remarks on feminism have on young women who are about to be drafted

The state of Israel has also been grappling in recent years with an intense controversy over the service of women in the Israel Defense Forces (IDF), which recently came to a boiling point with the amendment of the “Joint Service Order,” which sets out guidelines for women’s military service alongside Orthodox men

It’s time for the people’s army to listen to the voice of the people, and not just to the voice of extremists.

A recent Knesset bill that would introduce the death sentence for terror-related murder in Israel has broken the decades of relative silence on the matter. 

In the US and more recently in Israel there is public discussion over the principled issues of the balance between the different branches of government in matters of national security and the proper mechanism to create accountability in these matters are universal. 

The Israeli High Court of Justice’s Dec. 12 decision in Abu Ghosh v. Attorney-General provides a good opportunity to reexamine the implementation of the prohibition against torture in Israeli law almost twenty years after the court’s landmark 1999 judgment in Public Committee Against Torture in Israel, which outlawed torture.

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Despite the verdict, the real story in the Azaria affair is the moral, not the legal, issue, and this debate is alive and well.

In an op-ed soon to be published by the Jerusalem Report, the former head of the Shin Bet security service argues that mutual responsibility is the cornerstone on which the resilience of Israeli society is founded, and is most strongly expressed in the commitment of the government of Israel to do everything possible to secure the release of its captured soldiers.

In a poignant op-ed, published by the Jewish Journal, Dr. Idit Shafran Gittleman confronts the issue of the price a country should pay to bring home its captive soldiers, including those who have been declared dead.

Israel's security agencies have sweeping surveillance powers, but are subjected to few checks and balances.

Israel has been in a state of emergency since 1948. But the nature of the threat has changed over-time—from full-scale military invasions to isolated airplane hijackings, from suicide bombings to missile attacks, and most recently, cyber and lone wolf terrorism.
These ever-evolving threats necessitate new responses and strategies.

It is almost certain that readers of this article will not recognize the name of this man, the terrorist who caused more damage to Israel’s security than any other attacker in recent years. His name is Abdel Fattah al-Sharif, 21, from Hebron.

While there is no way to know whether the military picture of the recent Gaza war would have been different had members of the security cabinet been kept abreast of the tunnel threat, there can be no doubt that what occurred was a failure of Israel’s democracy.

Even before the conclusion of the Elor Azaria trial, there were calls for the 'Hebron Shooter' to be pardoned. Under such circumstances, what does a pardon entail and how can an IDF soldier who had been sentenced in a military court of law be granted one?

The primary significance of Resolution 2334 is that it strengthens other initiatives whose purpose is to punish Israel, its leaders and businesses for their involvement in the settlement enterprise. 

Recent events surrounding the evacuation of the Israeli settlement of Amona have ignited a long-simmering debate within Israeli society regarding the construction of a small portion of settlements on privately-owned Palestinian land in Judea and Samaria.

As the IDF's military court handed down its verdict in the case of Elor Azaria, the soldier accused by the military prosecutor of shooting and killing a terrorist who no longer constituted a clear and present danger, it is an appropriate moment to recall the recent experience of another soldier in another army.

Israel's senior political leaders are playing with fire when they publicly justify violating the rules of war and ethical conduct. Troublingly, a majority of the Israeli Jewish public agrees.

In the last decade, no member of the IDF has been convicted of an offense as serious as that with which Azaria is charged.

In this op-ed IDI's Amichay Ayalon and Idit Shafran-Gittleman argue that the challenge of combatting terrorism requires security concerns to be weighed against the values of a free society. The prevailing attitude among supporters of Hebron shooter Elor Azaria of allowing the security mantra to trump any other concerns may lead to short-term military success, but will be a moral loss for Israel, both on the home front and in the international sphere. This op-ed originally appeared in Haaretz.

Prime Minister Benjamin Netanyahu announced recently that Israel and Turkey had reached an agreement leading to reconciliation between the two countries – and the Knesset approved the deal. Now the question becomes: will the deal have the impact Israeli soldiers are hoping for? Originally published by the Jerusalem Post.

IDI's Prof. Amichai Cohen explains why Israel had to launch a swift and effective investigation into the actions of the solider that shot a neutralized terrorist in Hebron. This article originally appeared on the Times of Israel

Are home demolitions legal? And are they effective? Both IDF commanders and Israeli Supreme Court judges have raised doubts on the matter. In an op-ed published by The Jerusalem Post, IDI's Tal Mimran says the time has come to reevaluate Israeli policy.

The Israeli High Court's claim that home demolitions need not be applied to Jews because they support terror less than Palestinians must be rejected. (This article was originally published by Haaretz.)

Is demolishing terrorists' homes an effective deterrent? Israel Democracy Institute research – based on previous work conducted by the security establishment  – has cast a doubt on its value. There was also a research report published in 2005 by a professional committee led by Maj. Gen. (Ret.) Udi Shani, which led to the cessation of house demolitions for three years.