With Prime Minister Netanyahu's groundbreaking trial is set to commence next week, Professor Yuval Shany, IDI's Vice President of Research, and Dr. Amir Fuchs, the head of the Defending Democratic Values Program, briefed journalists on how the court process will proceed and the long-term legal implications of trying a sitting prime minister.
Israel is not the only country in which the court system has been curtailed, or had its activity modified, as a result of the coronavirus pandemic. Many countries are taking such measures, while at the same time striving to refrain from harming citizen's basic right of available access to courts.
Included are several examples from around the world.
Israel’s judiciary is under assault, according to some, or experiencing a necessary corrective to rampant judicial activism, according to others. Dr. Amir Fuchs, legal expert and the head of the Defending Democratic Values project at the Israel Democracy Institute, walks through the Knesset’s attempt to change the judiciary and the balance of powers in Israel, what’s behind it, and what it means for the country.
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.
The death of John Demjanjuk of natural causes at a ripe old age left many Israelis feeling that an opportunity for justice was missed. Did the Israeli legal system fail when it acquitted Demjanjuk of crimes against humanity? IDI Vice President Prof. Yedidia Stern distinguishes between justice and law, and expresses pride that the Israeli Supreme Court ruled as it did.
"The facts revealed yesterday by the police are deeply troubling. Faced with this reality, all those who consider themselves leaders in our community, must come forth and make their position clear, rejecting such conduct forthrightly, lest moral decay spreads through our civil service and public’s trust in the government plummets.”
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.
Hans Kelsen on Political Theology
A Critical Examination and Recommendations for Improving Legislation
Revoking Citizenship on Grounds of Disloyalty
Israel's Policy of Preventative (Targeted) Killing in Judea, Samaria and Gaza
Democracy Fighting Terror