rights

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.'

Reducing the possibility of invalidating legislation and the rest of the initiatives will further undermine the protection of the rights of the Arab minority in Israel, whose trust in the judicial system has steadily decreased in recent years - but is still high in relation to trust in other institutions.

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.

5 other ideas for upgrading Israel's judicial system – without destroying democracy, doing away with the mechanisms for oversight of the government or harming our basic rights.

The recently published opinion by the Attorney General, Adv. Gali Baharav-Miara, makes clear that the proposal "reform" makes no attempt to enhance the balance among the branches of government: It is quite simply a demand for unlimited government power.

Debilitating the judicial system would deal a blow to overseas investors’ motivation to invest in Israel and lead to a sharp drop in its credit rating. We need only look at the precedents of Turkey, Hungary, and Poland, to understand just how serious the threat is.

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.

If Netanyahu's new government implements its plans, human rights may soon depend on majorities. Israel's delicate political structure makes this possible.

Democracy is not just majority rule, but ensuring that all segments of society are provided with the opportunity to take part in a free and fair political process. For Israel, this means ensuring that the Bedouin population has equal opportunity to place their vote in the upcoming election.

Innocent Israelis should have the right to know about illegal surveillance– and the appropriate tools at their disposal to hold those responsible accountable for infringements on their privacy.

Israel reinstated contact-tracing activities by the Israel Security Agency to track carriers of the omicron variant of the coronavirus. Five days later, it halted the ISA’s contact-tracing activities, due to a lack of parliamentary support.

The Israel Democracy Institute held the first day of the inaugural "Reimagining Democracy" conference - in commemoration of the late Prof. Yaron Ezrahi. The sessions focused on the future of the relationship between the branches of government and the increasing tension between them.

As the contentious debates about protests and prayers continues in Israel, we must recognize that there is no room for imposing unjustified restrictions on the basic rights of one group of citizens, simply because this will make it easier to impose justified restrictions on the basic rights of another

IDI Leadership on Law Limiting Protests: "A Violation of the Most Basic Tenets of Democracy"

In its attempts to contain the spread of the novel coronavirus, Israel has employed a measure that has not been used by any other democratic country. Since mid-March, the Israeli government has sought the assistance of the General Security Service (also known as the Israeli Security Agency, the ISA, the Shabak or Shin Bet) in conducting epidemiological investigations by providing the Ministry of Health with the routes of coronavirus carriers and lists of individuals with whom they have been in close contact. The ISA queries its communication metadata database to identify the route of confirmed carriers and the individuals with whom they have been in close contact.

Following the Cabinet's decision to introduce the ISA Surveillance Law to the Knesset, Dr. Tehilla Shwartz Altshuler, says that "use of ISA surveillance provides a false sense of security."

Dr. Tehilla Shwartz Altshuler on the Knesset Foreign Affairs and Defense Committee debate on contact tracing: "Permission to reintroduce the ISA's tracking program should not be granted."

Dr. Tehilla Shwartz Altshuler on why she supports the decision to halt ISA surveillance of covid-19 positive Israelis.

Information is power. Governments and private entities that have access to vast troves of information have vast power.

Israel has authorized its secret services to carry out extensive surveillance of civilians in the battle against the Coronavirus. In most other democracies there is dedicated legislation to deal with information gathering during the epidemic. IDI's experts complied a comparative review.

How is the coronavirus pandemic changing the way governments track their citizens? IDI expert takes a look around the world to see what policies countries are implementing.

Technological progress has created a situation of severe tension and incompatibility between the right to privacy and the extensive data pooling on which the digital economy is based. This development requires new thinking about the substance of that right.

"Israel and other Western Democracies must carefully consider the negative ramifications of excelling in technology while disregarding moral and ethical questions." Read Dr. Tehilla Shwartz Altshuler's latest in Techcrunch

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.

The deputy president of the Jerusalem District Court inaugurated the Basic Law on Israel as the Nation-State of the Jewish People, issuing the first verdict based on it -  imposing punitive damages on Hamas for the severe post-traumatic stress suffered by a Jewish Israeli wounded in a terror attack in Tel Aviv in 1998. 

Proposed Facebook bill circumvents standard legal procedure and threatens to transform Israel into a world leader in repression of free speech

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.

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

Is administrative detention an appropriate response to Jewish terror such as the events in Duma? Dr. Amir Fuchs argues that there is no justification for administrative violations of a person’s freedom except for in concrete emergencies in which criminal law would be impossible to apply.

IDI researcher Dr. Ruvi Ziegler appraises the judgment of the Israeli Supreme Court in the third round of constitutional challenges to legislation authorizing detention of asylum-seekers in Israel. He critiques the judicial assessment of explicit and hidden legislative objectives, the role of international refugee law in the decision, and the normative question of irregular entry of asylum-seekers, and highlights legal challenges concerning the removal of asylum-seekers from Israel to third states.

Ten years after the disengagement from Gaza, Yair Sheleg, head of IDI's Religion and State program, explores the impact of the withdrawal from Gush Katif under the leadership of Ariel Sharon on the Religious Zionist community in Israel. 

As World Refugee Day approaches, Dr. Ruvi Ziegler argues that it is high time for Israel to adopt a fair asylum policy that would mitigate the predicament of Eritrean and Sudanese nationals.

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

On December 8, 2014, just before the Knesset dissolved itself to prepare for early elections, it enacted the Law for Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel. IDI's Dr. Reuven (Ruvi) Ziegler reviews this development.

Dr. Amir Fuchs discusses the proposal to add an override clause to Israel's Basic Law: Human Dignity and Freedom that would enable the Knesset to bypass the High Court and deal a a severe blow to the main safeguard of human rights and minorities in Israel.

In a Jerusalem Post op-ed, Prof. Mordechai Kremnitzer argues that by breaching their responsibility to be impartial, the  UN Human Rights Council and its commission for investigating alleged war crimes in Gaza are betraying international law, even if unintentionally.

IDI Researcher Dr. Reuven (Ruvi) Ziegler presents a brief overview of the Israeli High Court of Justice's decision to strike down Amendment No. 4 of the Prevention of Infiltration Law, and explores several themes that may be of comparative constitutional interest. 

Dr. Amir Fuchs discusses the Israeli High Court of Justice's decision to uphold the "Admissions Committees Law," which allows small communities to reject applicants due to a lack of social suitability. 

Rabbi Dr. Benjamin Lau shares thoughts on the tension between Judaism and democracy, in response to the public protests against the marriage of a Jewish woman who converted to Islam and an Israeli Arab. 

Attorney Amir Fuchs asserts that educating Israeli students regarding democracy and civics from a young age and throughout their education is the best way to prevent hatred, violence, and racism.

IDI Researcher Dr. Tehilla Shwartz Altshuler analyzes a Supreme Court ruling that recalled a book and struck a balance between the right to privacy and the right to freedom of expression, and discusses larger questions of privacy in the digital age.

In an op-ed in Ynet News, IDI researcher Dr. Haim Zicherman discusses the steps that Israeli society must take in order to enable ultra-Orthodox men to integrate into the Israeli army and workforce.

IDI Vice President Prof. Mordechai Kremnitzer shares thoughts on Jerusalem, which symbolizes what is most beautiful and exalted in Jewish culture: the commitment to law and morality, to justice and mercy.

IDI researcher Dr. Reuven (Ruvi) Ziegler explains why he believes the Supreme Court should overturn Amendment No. 4 of the Prevention of Infiltration Act just as it invalidated its predecessor.

Rabbi Dr. Benny Lau and Shira Ruderman, Israel Director of the Ruderman Family Foundation, share thoughts on the Purim story, leadership, responsibility, and repair of the world.

Prof. Shahar Lifshitz outlines what halakhic authorities and the Knesset can do in order to resolve the issue of get refusal, as discussed at the Second Agunah Summit.

Prof. Shahar Lifshitz explains why IDI's proposal for civil unions, which was first presented in his IDI policy paper The Spousal Registry, is the best solution possible today for alleviating the distress of couples who cannot or do not want to marry in a religious ceremony in Israel.

Is dignity something that must be earned? Prof. Tamar Hermann, Head of IDI's Guttman Center for Surveys, explores this question, as IDI's Israel Speaks project assembles 200 citizens to begin drafting a Declaration of Human Dignity.

In an article in The Jewish Week, Rabbi Dr. Kalman Neuman of IDI's Religion and State project examines some of the thorny questions of Jewish law when it comes to non-Jews in a Jewish state.

IDI Researcher Attorney Amir Fuchs discusses two indirect threats to human rights in Israel: attacks on the Israeli Supreme Court and attacks against Israeli human rights organizations.

In an op-ed in Haaretz, Attorney Lina Saba-Habesch warns that extending the use of administrative detention to apply to suspects in cases of organized crime could lead to the use of this extreme method, or of other extreme methods, in combating other forms of crime.

Aviad Ben Yehuda discusses the problematic nature of the proposal to extend the use of administrative detention in Israel from the war on terror to the war on organized crime.

IDI Vice President of Research Prof. Mordechai Kremnitzer responds to the possibility that the police will use administrative detention to combat organized crime, much in the manner as it is used to combat terrorism. 

Ronit Levine-Schnur analyzes the Bill to Regulate Bedouin Settlement in the Negev 5773–2013, warns that it seems to be motivated by an exaggerated fear of a Bedouin takeover of the Negev, and offers an alternative approach. 

Rabbi Dr. Benjamin (Benny) Lau expresses support for the proposed civil union bill, which would allow couples who do not want to marry in a religious service to form a legally recognized union and be eligible for the benefits and responsibilities associated with marriage.

Prof. Shahar Lifshitz, author of an IDI policy paper proposing a spousal registry as a framework for civil unions in Israel, welcomes the reintroduction of this issue to the public agenda but expresses some concern about the formulation of the current bill.

In an article in The Jewish Week, Rabbi Dr. Benjamin (Benny) Lau calls on religious authorities who hold human rights dear to find a way to allow people with disabilities to have access to the Western Wall plaza.

Attorney Talya Steiner warns that a Supreme Court's judgment that struck down an amendment of Israel's anti-infiltration law as unconstitutional points to significant flaws in Israel's process of policy-making.

Dr. Reuven (Ruvi) Ziegler shares observations on the decision of the Israeli Supreme Court that an amendment of the Prevention of Infiltration Law that mandated lengthy detention of asylum seekers is unconstitutional.

Should the American model of separation of church and state be applied to Israel? In an article in <em>The Jewish Week</em>, IDI's Yair Sheleg argues that Israel needs a unique model.

In an op-ed in Haaretz, Attorney Amir Fuchs asserts that Israel is both the nation-state of the Jewish people and a democratic state, despite the confused Zionism of Mayor Shimon Gapso of Upper Nazareth.

In an op-ed in Haaretz, IDI researcher Attorney Amir Fuchs shares his thoughts on the proposed "NGO bill," which would limit donations to human rights organizations in Israel.

In honor of Israel's 65th birthday, Attorney Amir Fuchs reflects on whether the reality of today's Israel adheres to the values and vision of early Zionist leader Ze'ev Jabotinsky.

On the occasion of International Migrants Day and an IDI roundtable on Israeli immigration policy, IDI researcher Adv. Reuven (Ruvi) Ziegler provides an overview of the treatment of African asylum seekers who have crossed into Israel via its southern border.

IDI researcher Attorney Reuven (Ruvi) Ziegler argues that the response of the Israeli government to the plight of 20 Eritrean asylum seekers trapped between the fences of the Israeli-Egyptian border tests Israel's adherence to rulings of its own Supreme Court.

In an op-ed originally published in Haaretz, IDI Senior Fellow Yuval Shany and IDI Researcher Attorney Ido Rosensweig critique an amendment that would allow interrogations of security defenders to go unrecorded, and warn that it is against public interest.

Attorney Amir Fuchs responds to Research Fellow Yair Sheleg's article "Appropriate and Inappropriate Evacuation," and takes exception to some of the arguments that it raised regarding the evacuation of settlements in Judea and Samaria on the basis of property rights.

IDI Senior Researcher Yair Sheleg shares his thoughts on the differences between the evacuation of Yamit and the Sinai Peninsula in the past, and the upcoming evacuations of Migron and the Ulpana neighborhood of Beit El.

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.

In an op-ed in Maariv, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI Researcher Attorney Amir Fuchs explain why the "Bill to Prevent Harm to the State of Israel Through Boycotts” poses a serious threat to freedom of expression in Israel.

A number of controversial bills recently tabled in the Knesset undermine basic constitutional values, add fuel to the international assault on Israel's legitimacy, and may end up damaging Israel's democratic character. In an article in The Jerusalem Post, IDI Former President and Founder Dr. Arye Carmon and Vice Presidents Professors Mordechai Kremnitzer and Yedidia Z. Stern respond to these initiatives.

In this article, IDI Researcher Adv. Reuven (Ruvi) Ziegler surveys Israel's regulations regarding refugees and asylum seekers and points to three areas—eligibility for asylum, the rights of asylum seekers, and detention—in which they are incompatible with the UN refugee convention.

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.

The question of who is a citizen of Israel is tied to many issues in the forefront of debate in Israel. In this article, guest columnist Former MK Shulamit Aloni focuses on the democratic nature of the State of Israel, and particularly the concept of equality, as the foundation on which citizenship rests, and decries recent racist undercurrents observed in Israeli society, which she sees as contrary to the founding vision of the State.

In this article, IDI Vice President Prof. Yedidia Z. Stern explains the current conversion crisis in Israel, reviews the evolution of attitudes towards conversion in halakhic literature over the ages, and concludes with a proposal that is compatible with Jewish law while responding to pressing contemporary needs.

IDI Vice President Professor Mordechai Kremnitzer weighs in on the challenges faced by Israel's High Court of Justice, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

In this article, the former Director-General of Israel's Ministry of Public Security debunks the case against the proposed privatization of prisons in Israel. In his opinion, operating a prison under private management is an experiment that can actually improve prison conditions and support prisoners' rights.

 Effi Michaeli, warns against the full privatization of prisons and argues that such a decision represents a breach of boundaries that can transform Israel into a corporate regime.

The regulation of marriage and divorce in Israel is perceived by many as the main obstacle in attaining a constitution for Israel. Can the Spousal Registry Law help solve the discrepancies that subsequently arise? Dr. Shahar Lifshitz, author of a new Policy Paper on the topic, gives us his personal view.

Israelis must unite around a balanced arrangement that asserts that Israel is the nation-state of the Jewish people that guarantees equality for all its citizens.