
On January 11th, the court will begin by hearing South Africa’s oral argument, with Israel presenting its counter argument on January 12th.
What does the international law state and what are the possible implications of these proceedings on the ongoing war and Israel’s international standing? We’ve compiled a shortlist of important information you should have.
Written By: Yohanan Plesner
While we entered this war more divided than ever – and with large numbers even saying that they believed civil war to be a possibility – Israelis today are united in their determination to win.
Written By: Prof. Suzie Navot
This decision refocused our attention not only on the specific law it struck down but also on the unfinished business of completing our country’s constitutional framework
Written By: Prof. Amichai Cohen, Dr. Amir Fuchs, Dr. Guy Lurie
The Supreme Court's ruling to strike down the amendment made to the Basic Law: The Judiciary and reinstate the Standard of Reasonableness is a landmark decision on an issue that has been exceptionally divisive within Israeli society. Will this lead to a constitutional crisis? 8 Key points from IDI's experts examining the court's decision.
Written By: Dr. Amir Fuchs
The Supreme Court ruled that the Court has authority to perform judicial review on Basic Laws, and that an intervention was necessary in the case of the amendment to the Basic Law: The Judiciary revoking the Standard of Reasonableness. What are the implications?
Written By: Prof. Tamar Hermann, Dr. Or Anabi
About two-thirds (66%) of Israelis say they do not think Israel should agree to US demands to shift to a phase of the war with a reduced heavy bombing in populous areas. 75% of Jewish Israelis oppose meeting the demands, compared to only 21% of Arab Israelis.
Written By: Prof. Yuval Shany, Prof. Amichai Cohen
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 Israel Democracy Institute issued the following statement on the High Court of Justice’s decision to strike down the amendment passed in July to the Basic Law: The Judiciary, eliminating the Court’s use of the Reasonableness Standard.
Written By: Prof. Amichai Cohen
The coalition has voted to amend Basic Law: The Judiciary and repeal the Standard of Reasonableness used to review government decisions that are deemed to be extremely unreasonable. On September 12th, the Supreme Court will hear petitions against the constitutionality of this move.
Written By: Dr. Or Anabi
Data indicates that less than a third of the public supports barring the Supreme Court from intervening in decisions by politicians or public officials.
Written By: Yohanan Plesner
As the international community ponders Gaza’s post-war future, Israelis are increasingly focused on what the ‘day after’ holds for their politics and society.
Written By: Prof. Amichai Cohen, Dr. Gilad Malach
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.
Written By: Prof. Benjamin Porat
The horrific October 7 massacre undoubtedly surpasses the savagery of any other wave of terrorism Israel has ever seen. In the face of barbarity, we are called to challenge prevailing conventions, to abandon simplistic arguments, and to move toward more complex ideas that may light the path for some of us.
Written By: Dr. Adam Asad, Yaron Kaplan
56% of all Arab Israelis say the attack by Hamas on October 7 does not reflect Arab society, the Palestinian people, and the Islamic nation. 33% say it does and 11% are unsure.
Written By: Prof. Amichai Cohen, Adaya Kisos
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.
Written By: Prof. Karnit Flug, Tzachi David
Coalition funds have been part of the budget-making progress for years. This study examines the trends in the use of these funds under the last three governments. One can see that the volume of coalition funds has grown up to fourfold within two Governments and that their breakdown has been less professional and more directed to interest groups.
Written By: Prof. Tamar Hermann, Dr. Or Anabi
Two thirds of Israelis do not think that the government currently has a clear plan of action for the next day and the majority, even on the right, believe elections should be held as soon as the war ends. Even so, no significant movement is currently indicated between the political blocs.
Written By: Erez Sommer
Even in these dark times, Israelis must hold on to the imagination, ingenuity, and entrepreneurial spirit to face the global challenges that lie ahead.
Written By: Adv. Mirit Lavi, Dr. Yael Litmanovitz
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.
Written By: Dr. Amir Fuchs, Prof. Suzie Navot
Fact Sheet: The Basic Law: The Nation-State
Written By: Prof. Amichai Cohen, Dr. Shelly Aviv Yeini, Prof. Tamar Hostovsky Brandes
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.
Written By: Prof. Tamar Hermann, Dr. Or Anabi
Among Jewish Israelis, 75% on the Left support making progress toward a two-state solution to the conflict in return for American assistance, compared to 45% in the Center and only 21% on the Right.
Written By: Adv. Mirit Lavi, Dr. Yael Litmanovitz
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.
Written By: Dr. Guy Lurie, Dr. Tehilla Shwartz Altshuler
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.
When asked if these goals are important, 93% of Jewish Israelis and 66% of Arab Israelis say the goal of releasing hostages is an important goal. 90% of Jewish Israelis and 61% of Arab Israelis say the same of the goal of “restoring deterrence.”
Written By: Dr. Tehilla Shwartz Altshuler
Israeli leaders are calling for the end of disinformation in the war while shaking hands with the man behind so much of it - Elon Musk. The current war has turned X into a human behavior experiment, and we are the lab rats.
Written By: Dr. Amir Fuchs
The Nation-State Law includes a clause that declares the state's obligation to care for all Jewish people and all Israeli citizens whenever they are in jeopardy due to either their Jewish identity or Israeli citizenship. This does not impose a legal obligation, but it does reflect this special value which must not be lost during this war.
Written By: Prof. Tamar Hermann, Dr. Or Anabi
IDI's fifth War in Gaza survey finds that among Jewish Israelis, toppling Hamas and releasing the hostages are pivotal war-goals. The majority of respondents do not think that the government currently has a clear action for the day after the fighting ends, and there is rising support (56%) for an amendment to the Nation-State Law, to safeguard equality for non-Jewish citizens.
Written By: Prof. Suzie Navot
Israel's non-Jewish minorities—particularly those who are fighting and dying for the State of Israel—are worthy of appreciation and recognition, not separately, but as equals. The solution is to amend the Nation State Law, not to pass a new, separate basic law as is currently under consideration.
Written By: Dr. Moran Kandelshtein-Haina
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.