Israel and International Law

Since the outbreak of war Israel has faced with a range of legal challenges related to the ongoing conflict, both internally and in relation to international law.

On the international front Israel faces legal proceedings in both the International Criminal Court (ICC) and the International Criminal Court of Justice (ICJ).

In the ICJ a number of proceedings are ongoing, including a rebuttal against South Africa’s allegations of genocide in the war in Gaza and a longstanding investigation into Israeli policies and practices in occupied territories.

Additionally, the International Criminal Court has issued arrest warrants against senior Israeli leaders for their conduct during the war.

IDI experts break down and evaluate the legal arguments surrounding Israel’s conduct, the broader implications of these cases for Israel’s international standing and provide policy recommendations to help Israel navigate these legal challenges effectively.

 Official Submission to the ICC by Prof. Amichai Cohen and Prof. Yuval Shany 

 

Prof. Amichai Cohen explains the possible effects of ICC Warrants on Israel:

War on Hamas: The Legal Frontlines | Dr. Eran Shamir Borer & Yohanan Plesner

The Israeli government recently announced its intention to establish its own commission of inquiry into the events of October 7, 2023, rather than forming a State Commission of Inquiry—the most authoritative, independent, and legally empowered investigative mechanism under Israeli law. As Dr. Dana Blander, a research fellow at the Israel Democracy Institute, explains, Israel’s legal framework provides for several types of investigative commissions, each differing in its degree of independence, statutory authority, and public legitimacy. Notably, the government’s recent decision does not establish a State Commission of Inquiry—the appropriate and legally grounded institution for investigating the events of October 7—nor does it create a governmental commission of inquiry. Instead, it proposes a vague, ad hoc body seemingly tailored to serve specific political interests rather than the public need for a credible and impartial investigation. This explainer outlines the existing commissions - as more information comes to light about the government's planned commission, additional analysis will be provided.

Fact Sheet: The Basic Law: The Nation-State

What provisions does Israeli law provide for the possibility of declaring the Prime Minister "Incapacitated". IDI expert explains

The debate in Israel over the proper interrelationship among the three branches of government has become heated in recent years. IDI holds that any discussion of separation of powers should focus on functional boundaries among the branches, and on their mutual capacities for oversight. The following paper presents a series of proposals for addressing these issues and strengthening the separation of powers.

Disqualifying candidates and lists for the Knesset violates one of the most fundamental democratic rights, the right to vote and to be elected. Therefore, it must be done with the utmost care, judgment and objectivity. Who can reject candidates and lists for the Knesset, and on what is the criteria? IDI experts answer these questions.

In Israel, judges sit on the bench until they reach the age of 70, while advocates for changing the current method of their appointment often support the idea of limiting Supreme Court judges’ tenure.

The unlikely coalition that survived thanks to the one vote has lost the parliamentary majority. Does this mean that the Knesset will disperse and new elections will be held? Dr. Dana Blander explains the different ways in which the Knesset can be dissolved and discusses the relationship between these mechanisms and government stability in a parliamentary system. 

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.

As part of IDI's 'Israel 2050' initiative, a survey found that the majority of Israelis are concerned about the risks of global warming and believe that their government should act accordingly.

Minister Gideon Saar's proposed bill preventing a criminal defendant from forming a government is unprecedented, but so is the reality in Israel.

In an age of waning trust in state institutions and an ongoing health and democratic crisis, the public must be able to look towards the courts as a staunch defender of human rights and democratic structure.

Those who still haven’t made up their mind about who they will vote for in less than a month is much higher than it was before the elections in March 2020 – how will it effect the outcome?

Electronic bracelets should be used only after restricting access to information and ensuring its security

Are the fourth national elections in less than two years due to political chaos or Prime Minister Netanyahu’s legal woes?

Ultra-Orthodox women’s employment in Israel has undergone a revolution in recent years—that is, the diversification of the occupations in which they are employed

The survey indicates that economic inequality between the Arab and Jewish populations in Israel has increased as a result of the COVID-19 crisis

February Israeli Voice Index finds that 32% of Israelis support suspending the PM's trial if he wins the election and forms the next government. Also growing support on the Center-Right for Arab-Jewish political cooperation

Arab women are closing the gap in education – but this achievement is not reflected in the job market. What can be done?

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

Women still constitute less than 30% of all Knesset members and the percentage of female cabinet members in the government has never risen above 23.5%

There is no doubt that the Government has an obligation to employ meaningful measures against the pandemic, but the ease with which it was willing to infringe basic rights—is most disturbing

A new IDI study on NEET (Not in Employment, Education, or Training) finds close connection between academic education and NEET in young adulthood

Insights from 2020 Israel Democracy Institute Surveys and from the World Economic Forum’s Future of Jobs Report 2020

"These conversions now have official recognition of what is perhaps the most important Israeli law: the Law of Return" 

Israel's Supreme Court ruling on ISA's contact tracing is a reflection of the government’s decision-making processes during COVID

Dr. Ofer Kenig weighs in on whether the trend toward greater representation of women in the Knesset has come to a standstill and do Israeli governments suffer from high levels of gender inequality

In Israel any individual or organization can request the disqualification of an electoral list - also interesting to note that there is no equivalent to the Central Elections Committee in any other democratic state

The Supreme Court ruled to limit contact tracing but is it really possible to put an end to the ISA’s bulk coronavirus surveillance?

Setting sweeping restrictions on Israeli citizens’ ability to return to the country from overseas is extremely problematic from a constitutional perspective and is without parallel in the democratic world

Numbers working from home skyrocketed with the outbreak of the pandemic mainly among white-collar workers, workers with an academic degree, and high-salary workers

play

As Covid-19 continues to take Israeli lives and ravage its economy, seemingly immune to Israel’s impressive vaccination campaign, IDI President Yohanan Plesner and Professor Karnit Flug, Vice President, Research and William Davidson Senior Fellow for Economic Policy joined IDI's VP of Strategy Dr. Jesse Ferris on a JFN webinar to discuss the stakes and possible outcomes of Israel’s fourth election in less than two years.

The pandemic has brought to the fore what was already clear - the public's trust in Israel’s local government is much higher than in the central government. It is high time more authority to be transferred to the care of local leaders.

Government agencies have not geared up to effectively address the phenomenon of marginalized ultra-Orthodox youth

A special IDI survey on the economic impact of the COVID crisis finds that worker's financial liquidity has declined sharply with 31% of respondents reporting that they had no liquid funds to support themselves.

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?

A bill to include the right to equality in Israel's Basic Laws recently passed a preliminary reading in the Knesset. This is a much-needed amendment to an existing law, which would provide Israelis with legal provision that exists in the constitution of all democratic countries.

The Prime Minister's trial reconvenes with a pandemic raging and the elections camping continuing. What can we expect?

A large majority of Israelis think Netanyahu’s efforts to forge ties with Arab Israelis are insincere - 25% of Arab Israelis think they should nevertheless cooperate.

The final list of parties and candidates have been submitted and it appears that at least 20, perhaps even 30, of the 120 MKs elected in 2020 will not serve in the next Knesset.

The data reflects a very high turnover rate in Israel's political system. This has both positive and negative aspects. On the one hand - a robust political system should be refreshed - but it can also be a symptom of a "sick" system

Arab citizens have the right to feel that their security is protected by the government. This right should be respected and protected declaratively and in practice.

Labor was the only political party to elect its chair and candidates for the Knesset in primary elections consecutively since 1992 – including in the 2021 election. While its membership is dropping, this is consistent with ongoing trends in most Western democracies.

Banning users from social media platforms raises concerns about free speech protections online

As of the beginning of December 2020, 75% self-employed workers were working, though 45% were working only part-time. Only 29% were working the same number of hours as before the crisis.

A new study by IDI expert Ariel Finkelstein presents a detailed and systematic analysis of the conduct of Israel's rabbinical courts - finds 30% of complaints categorized as: "Violation of the Principles of Natural Justice"

Arab Israelis want to see their representatives in the Knesset and are willing to go out to vote to ensure this happens. Kafr Qassem could be the test case for the larger Arab community who are more likely to vote if they feel that their Knesset members are representing them faithfully.

The public should protest the violation of its privacy - so that regulations can be put into place to protect everyone

The public has given the Police a failing grade for fairness and transparency. Does the public believe this can change? Not really.

play

After failing to meet the December 22 deadline for passing a budget, Israel is headed towards a once unfathomable fourth election in less than two years. The results of the last three elections in 2019-2020 did not dispel the political turmoil - we are about to see if the results from the fourth elections in 2021 will be any different.

53% of Israelis agree or strongly agree that dealing with Israel’s special problems requires a strong leader who will not worry about the Knesset, the media or public opinion.

With the exception of issues related to the coronavirus pandemic, this Knesset has passed almost no legislation, and this government has met only rarely.

The real reason behind Israel's elections: The Knesset dispersed itself because one man, the prime minister, finds himself in a situation in which his fate depends on the courts.

In a classic conflict of interests, the parties dip into the public coffers before every election, flouting any semblance of fiscal responsibility

play

With the vaccines for Covid-19 soon to be made available and in light of the high rates of Israelis who do not want to be the first to get the vaccine - IDI expert Prof. Yuval Feldman explains how to encourage public cooperations in getting COVID-19 vaccines.

play

Incentivizing compliance could have a negative impact on those who view being tested for the coronavirus as an act of civic responsibility

Dr. Gilad Malach, Director of the Ultra-Orthodox in Israel Program at the Israel Democracy Institute, discusses how the COVID pandemic has affected the internal dynamics of Israel's Haredi communities, their relationship with their political leadership and with government as a whole.

 

Our monthly Index found that both Prime Minister Netanyahu and Alternate Prime Minister Benny Gantz have low or very low credibility among Israelis. 

"Legislative declarations do not remain purely "declarative". They have consequences." Dr. Amir Fuchs explains.

Yohanan Plesner, President of the Israel Democracy Institute on today’s preliminary vote to disperse the Knesset: "Today's vote served as the opening shot in the 'blame game' with both Gantz and Netanyahu seeking to frame the other side as dragging the country towards a fourth elections as COVID numbers begin to rise again."

62% of Haredim have very little or no confidence in Prime Minister Netanyahu's Handling of COVID-19; 60% think decision makers are guided mostly or only by political concerns

Israel Democracy Institute Experts to the Chair of the Foreign Affairs and Defense Committee: “The only way to return to normal routine is through regulation and by encouraging the use of locally-developed apps in malls, workplaces and in educational institutions"

For many, the spiritual and educational dangers inherent in leaving large numbers of young people with no binding religious framework outweigh the health risks in keeping these institutions open

 

 

This survey is the fourteenth in a special series examines the public attitudes towards government policies relating to the coronavirus outbreak and to the economic fallout from the pandemic

This study provides first-ever reliable estimate of the rate and scope of transitions into and out of the ultra-Orthodox community; an analysis made possible thanks to innovative methodology and a rich dataset. 

 

When it comes to the their country's interests, Israelis increasingly think that Donald Trump is the preferable US presidential candidate.

The Israeli government recently announced its intention to establish its own commission of inquiry into the events of October 7, 2023, rather than forming a State Commission of Inquiry—the most authoritative, independent, and legally empowered investigative mechanism under Israeli law. As Dr. Dana Blander, a research fellow at the Israel Democracy Institute, explains, Israel’s legal framework provides for several types of investigative commissions, each differing in its degree of independence, statutory authority, and public legitimacy. Notably, the government’s recent decision does not establish a State Commission of Inquiry—the appropriate and legally grounded institution for investigating the events of October 7—nor does it create a governmental commission of inquiry. Instead, it proposes a vague, ad hoc body seemingly tailored to serve specific political interests rather than the public need for a credible and impartial investigation. This explainer outlines the existing commissions - as more information comes to light about the government's planned commission, additional analysis will be provided.

Fact Sheet: The Basic Law: The Nation-State

What provisions does Israeli law provide for the possibility of declaring the Prime Minister "Incapacitated". IDI expert explains

The debate in Israel over the proper interrelationship among the three branches of government has become heated in recent years. IDI holds that any discussion of separation of powers should focus on functional boundaries among the branches, and on their mutual capacities for oversight. The following paper presents a series of proposals for addressing these issues and strengthening the separation of powers.

Disqualifying candidates and lists for the Knesset violates one of the most fundamental democratic rights, the right to vote and to be elected. Therefore, it must be done with the utmost care, judgment and objectivity. Who can reject candidates and lists for the Knesset, and on what is the criteria? IDI experts answer these questions.

In Israel, judges sit on the bench until they reach the age of 70, while advocates for changing the current method of their appointment often support the idea of limiting Supreme Court judges’ tenure.

The unlikely coalition that survived thanks to the one vote has lost the parliamentary majority. Does this mean that the Knesset will disperse and new elections will be held? Dr. Dana Blander explains the different ways in which the Knesset can be dissolved and discusses the relationship between these mechanisms and government stability in a parliamentary system. 

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.

As part of IDI's 'Israel 2050' initiative, a survey found that the majority of Israelis are concerned about the risks of global warming and believe that their government should act accordingly.

Minister Gideon Saar's proposed bill preventing a criminal defendant from forming a government is unprecedented, but so is the reality in Israel.

In an age of waning trust in state institutions and an ongoing health and democratic crisis, the public must be able to look towards the courts as a staunch defender of human rights and democratic structure.

Those who still haven’t made up their mind about who they will vote for in less than a month is much higher than it was before the elections in March 2020 – how will it effect the outcome?

Electronic bracelets should be used only after restricting access to information and ensuring its security

Are the fourth national elections in less than two years due to political chaos or Prime Minister Netanyahu’s legal woes?

Israel's Central Election Committee made a landmark ruling: promoted content online - even to real news reports - is political advertising

Ultra-Orthodox women’s employment in Israel has undergone a revolution in recent years—that is, the diversification of the occupations in which they are employed

The survey indicates that economic inequality between the Arab and Jewish populations in Israel has increased as a result of the COVID-19 crisis

February Israeli Voice Index finds that 32% of Israelis support suspending the PM's trial if he wins the election and forms the next government. Also growing support on the Center-Right for Arab-Jewish political cooperation

Arab women are closing the gap in education – but this achievement is not reflected in the job market. What can be done?

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

Women still constitute less than 30% of all Knesset members and the percentage of female cabinet members in the government has never risen above 23.5%

There is no doubt that the Government has an obligation to employ meaningful measures against the pandemic, but the ease with which it was willing to infringe basic rights—is most disturbing

A new IDI study on NEET (Not in Employment, Education, or Training) finds close connection between academic education and NEET in young adulthood

Insights from 2020 Israel Democracy Institute Surveys and from the World Economic Forum’s Future of Jobs Report 2020

"These conversions now have official recognition of what is perhaps the most important Israeli law: the Law of Return" 

Israel's Supreme Court ruling on ISA's contact tracing is a reflection of the government’s decision-making processes during COVID

Dr. Ofer Kenig weighs in on whether the trend toward greater representation of women in the Knesset has come to a standstill and do Israeli governments suffer from high levels of gender inequality

In Israel any individual or organization can request the disqualification of an electoral list - also interesting to note that there is no equivalent to the Central Elections Committee in any other democratic state

The Supreme Court ruled to limit contact tracing but is it really possible to put an end to the ISA’s bulk coronavirus surveillance?

Setting sweeping restrictions on Israeli citizens’ ability to return to the country from overseas is extremely problematic from a constitutional perspective and is without parallel in the democratic world

Numbers working from home skyrocketed with the outbreak of the pandemic mainly among white-collar workers, workers with an academic degree, and high-salary workers

play

As Covid-19 continues to take Israeli lives and ravage its economy, seemingly immune to Israel’s impressive vaccination campaign, IDI President Yohanan Plesner and Professor Karnit Flug, Vice President, Research and William Davidson Senior Fellow for Economic Policy joined IDI's VP of Strategy Dr. Jesse Ferris on a JFN webinar to discuss the stakes and possible outcomes of Israel’s fourth election in less than two years.

The pandemic has brought to the fore what was already clear - the public's trust in Israel’s local government is much higher than in the central government. It is high time more authority to be transferred to the care of local leaders.

Government agencies have not geared up to effectively address the phenomenon of marginalized ultra-Orthodox youth

A special IDI survey on the economic impact of the COVID crisis finds that worker's financial liquidity has declined sharply with 31% of respondents reporting that they had no liquid funds to support themselves.

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?

A bill to include the right to equality in Israel's Basic Laws recently passed a preliminary reading in the Knesset. This is a much-needed amendment to an existing law, which would provide Israelis with legal provision that exists in the constitution of all democratic countries.

The Prime Minister's trial reconvenes with a pandemic raging and the elections camping continuing. What can we expect?

A large majority of Israelis think Netanyahu’s efforts to forge ties with Arab Israelis are insincere - 25% of Arab Israelis think they should nevertheless cooperate.

The final list of parties and candidates have been submitted and it appears that at least 20, perhaps even 30, of the 120 MKs elected in 2020 will not serve in the next Knesset.

The data reflects a very high turnover rate in Israel's political system. This has both positive and negative aspects. On the one hand - a robust political system should be refreshed - but it can also be a symptom of a "sick" system

Arab citizens have the right to feel that their security is protected by the government. This right should be respected and protected declaratively and in practice.

Labor was the only political party to elect its chair and candidates for the Knesset in primary elections consecutively since 1992 – including in the 2021 election. While its membership is dropping, this is consistent with ongoing trends in most Western democracies.

Banning users from social media platforms raises concerns about free speech protections online

As of the beginning of December 2020, 75% self-employed workers were working, though 45% were working only part-time. Only 29% were working the same number of hours as before the crisis.

A new study by IDI expert Ariel Finkelstein presents a detailed and systematic analysis of the conduct of Israel's rabbinical courts - finds 30% of complaints categorized as: "Violation of the Principles of Natural Justice"

Arab Israelis want to see their representatives in the Knesset and are willing to go out to vote to ensure this happens. Kafr Qassem could be the test case for the larger Arab community who are more likely to vote if they feel that their Knesset members are representing them faithfully.

The public should protest the violation of its privacy - so that regulations can be put into place to protect everyone

The public has given the Police a failing grade for fairness and transparency. Does the public believe this can change? Not really.

play

After failing to meet the December 22 deadline for passing a budget, Israel is headed towards a once unfathomable fourth election in less than two years. The results of the last three elections in 2019-2020 did not dispel the political turmoil - we are about to see if the results from the fourth elections in 2021 will be any different.

53% of Israelis agree or strongly agree that dealing with Israel’s special problems requires a strong leader who will not worry about the Knesset, the media or public opinion.

With the exception of issues related to the coronavirus pandemic, this Knesset has passed almost no legislation, and this government has met only rarely.

The real reason behind Israel's elections: The Knesset dispersed itself because one man, the prime minister, finds himself in a situation in which his fate depends on the courts.

In a classic conflict of interests, the parties dip into the public coffers before every election, flouting any semblance of fiscal responsibility

play

With the vaccines for Covid-19 soon to be made available and in light of the high rates of Israelis who do not want to be the first to get the vaccine - IDI expert Prof. Yuval Feldman explains how to encourage public cooperations in getting COVID-19 vaccines.

play

Incentivizing compliance could have a negative impact on those who view being tested for the coronavirus as an act of civic responsibility

Dr. Gilad Malach, Director of the Ultra-Orthodox in Israel Program at the Israel Democracy Institute, discusses how the COVID pandemic has affected the internal dynamics of Israel's Haredi communities, their relationship with their political leadership and with government as a whole.

 

Our monthly Index found that both Prime Minister Netanyahu and Alternate Prime Minister Benny Gantz have low or very low credibility among Israelis. 

"Legislative declarations do not remain purely "declarative". They have consequences." Dr. Amir Fuchs explains.

Yohanan Plesner, President of the Israel Democracy Institute on today’s preliminary vote to disperse the Knesset: "Today's vote served as the opening shot in the 'blame game' with both Gantz and Netanyahu seeking to frame the other side as dragging the country towards a fourth elections as COVID numbers begin to rise again."

62% of Haredim have very little or no confidence in Prime Minister Netanyahu's Handling of COVID-19; 60% think decision makers are guided mostly or only by political concerns

Israel Democracy Institute Experts to the Chair of the Foreign Affairs and Defense Committee: “The only way to return to normal routine is through regulation and by encouraging the use of locally-developed apps in malls, workplaces and in educational institutions"

For many, the spiritual and educational dangers inherent in leaving large numbers of young people with no binding religious framework outweigh the health risks in keeping these institutions open

 

 

This survey is the fourteenth in a special series examines the public attitudes towards government policies relating to the coronavirus outbreak and to the economic fallout from the pandemic

This study provides first-ever reliable estimate of the rate and scope of transitions into and out of the ultra-Orthodox community; an analysis made possible thanks to innovative methodology and a rich dataset.