The Israeli judicial system’s independence and professionalism protect IDF commanders from prosecution in international courts. A close look at the planned judicial overhaul leads to the conclusion that if implemented it would increase the risk to Israeli citizens and make it harder for the country to protect them in the future.
A majority of Israelis gave high grades when assessing Israel’s preparedness for war in three areas: the IDF’s combat readiness, the resilience of the population on the home front, and the political echelon’s decision-making ability concerning the objectives and management of the war. At the same time, Israelis do not think highly of the preparedness of the home front regarding protection of civilian facilities.
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.
The ruling by the European Court of Justice (ECJ) that a company is permitted to terminate its worker for wearing religious dress is a sad demonstration of the words of Ecclesiastes: “And moreover I saw under the sun the place of judgment, that wickedness was there; and the place of righteousness, that iniquity was there.”
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
Prof. Amichai Cohen argues that there is only one good way to prevent prosecution of Israeli soldiers abroad: Israeli authorities must conduct effective, independent, and genuine investigations in cases where there are suspicions of war crimes or other violations. This article was first published by Times of Israel.
Upon the release of the findings of the international investigation of Operation Protective Edge: IDI warns that the intervention by international bodies in the investigation of the events of the Operation in Gaza undermines the basis of the international demand to establish investigative mechanisms and weakens the Israeli legal system.
A discussion of the Palestinian Authority's declarations to the International Criminal Court (ICC), the changes that influenced the ICC prosecutor's decision to accept the PA's second declaration, and the conditions that must be fulfilled in order for the ICC to apply its jurisdiction to IDF actions or to the settlement enterprise.
IDI Researcher Attorney Eli Bahar discusses the central role that members of Israel's system of legal counsel play in formulating the rules of what is permissible during warfare in real time, during the fighting, in order to ensure that Israel's citizens will not be ashamed of themselves after the fighting ceases.
In an op-ed in The Jerusalem Post, Prof. Mordechai Kremnitzer and Prof. Yuval Shany discuss the need for measures, laws, and institutions designed to combat the war on terror in order to strike a balance between concern for national security and the need to safeguard democratic values such as human rights and the rule of law.
On February 21, 2012, just before the High Court of Justice was to hear his petition, Palestinian detainee Khader Adnan agreed to end his life threatening hunger strike after Israeli authorities agreed to release him in April, at the end of four months of administrative detention. Attorney Elad Gil explores basic questions about the use of administrative detention in Israel and highlights lessons learned from the Adnan affair.
The Palestinian Authority has announced its intention to declare the establishment of an independent Palestinian State in September 2011, and to ask the U.N. to recognize that state. What is the significance of U.N. recognition? Can the U.N. establish a state? Find out in this legal analysis by IDI Research Fellow Dr. Amichai Cohen.
Judge Richard Goldstone’s retraction of his commission's finding that Israeli actions in Gaza during Operation Cast Lead deliberately targeted civilians righted a historical injustice. But did the actions of the State of Israel contribute to the false impression received by the Goldstone Commission? In this op-ed, IDI Senior Fellow Prof. Yuval Shany explores the question of whether the Israeli government should also search its soul and consider participation in future international commissions of inquiry.
In this op-ed article, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI researcher Adv. Shiri Krebs question the wisdom of forming a parliamentary commission of inquiry into the funding of Israeli human rights organizations. They warn against a slippery slope to McCarthyism and point out that the establishment of the commission, far from strengthening Israel’s legitimacy, will accelerate efforts to delegitimize Israel and prosecute Israeli officials overseas.
This op-ed by IDI Prof. Yuval Shany argues that despite the Goldstone Report’s shortcomings, it strengthens the demand to investigate claims raised against the IDF through an extra-military entity. As he sees it, the main question to address is whether the army's internal investigation of "Operation Cast Lead" meets the requirements of international law.
Reforming Policies for Self-Investigation
The Harming of Innocents in the War Against Terror
Democracy Fighting Terror
On the Unlawful Combatants Law 2002