Rule of Law

The Center for Security and Democracy and the Viterbi Center for Public Opinion and Policy Research at the Israel and personal security—the present release focuses on internal security; a press release will follow tomorrow focusing on national security.

It is increasingly clear that Israel’s future depends on the forging of two coalitions. One is a multinational alliance determined to turn the Palestinian issue from a driver of conflict into an engine of peace. The other, is an internal Israeli coalition ready to pursue a series of bold social, economic, and political reforms.

A recent judgment of the Israeli Supreme Court held that conditions in a notorious detention center must comply with Israeli law.

Recently, Israel has faced a number of situations that could lead to a constitutional crisis. What is a constitutional crisis and why is it dangerous for the stability of democracy? IDI experts explain.

To protect the credibility of the police as an impartial law enforcement agency, independent oversight over the police prosecution unit - the police unit that issues criminal charges - must be increased through the Attorney General's office.

The Israeli Supreme Court recently issued a pivotal ruling, instructing the Minister of Justice to convene the Judicial Selection Committee and select a new President of the Supreme Court. This decision come after nearly a year in which this permanent position has remained vacant. 

The Prime Minister’s decision to retain the power to determine the parameters and scope of the hostage deal as a “policy issue” disregards the implications such a deal has on security issues. Israeli history underscores the importance of convening the security cabinet and upholding the appropriate democratic channels in times of war.

In recent days the Attorney General has issued several warnings that decisions are being made using "flawed work processes." This explainer provides an overview of the role and importance of the Attorney General in Israeli democracy, and the current criticism directed by the AG at the government.

On Monday August 5, 2024 and Tuesday August 6, 2024—900 ultra-Orthodox yeshiva students were required to present themselves at IDF enlistment centers. Shlomit Ravitsky Tur-Paz, Dr. Eran Shamir-Borer and Mirit Lavi explain the next steps the IDF will need to take in order to enforce the legal obligation of conscription. 

The rule of law is a fundamental democratic principle, meaning that all governing bodies are subject to and must comply with the law. Despite the complexities inherent in ongoing war, this is true also of the IDF, and only decisive action against breaches of conduct may protect the rule of law in Israel and Jewish morality. 

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.'

The discussion in the Supreme Court yesterday was not about whether a law exempting yeshiva students harms the principle of equality. It was about a much more basic question: is the State of Israel acting in accordance with the principle of the rule of law—that is, can yeshiva students be exempted from enlisting in the IDF, when there is no law allowing for this.

V-Dem's latest report downgraded Israel's status from a "liberal democracy" to an "electoral democracy." The change in Israel's category is concerning, but on its own, it does not necessarily indicate a clear democratic decline. 

IDI's Prof. Amichai Cohen answers a series of questions on international law and its dealings with the laws of war.

The research examined 42 countries included all the OECD member states along with other leading democratic countries.

Turning ministry legal advisors into political appointees will deprive them of their ability to protect the rule of law and will reduce public trust in the ministries.

In the second wave of the pandemic it seems that many ultra-Orthodox rabbis are assigning higher priority to 'customer retention' than to the clear halakhic imperative to preserve health and life

Rabbi Kanievsky’s decision to disregard the law and open ultra-Orthodox schools is the first time in Israeli history that we are seeing something that approaches a call for mass civil disobedience orchestrated by a key public figure.

The Israeli Voice Index for May 2020 found that 50% of the public supports applying Israeli sovereignty over parts of the West Bank (Judea and Samaria) with the U.S. administration’s support (25%) and without American backing (25%)

It's one of democracy's substantial achievements: just like every citizen, Netanyahu will stand before 3 judges, whose task is to decide whether he is innocent or guilty

IDI researchers testified before the Knesset's Special Committee: Personal and retroactive changes should not be made to legislation regarding the Prime Minister's legal status

IDI's management convened an online 'town hall' with Yohanan Plesner, Yuval Shany, Karnit Flug and Jesse Ferris to discuss the political, constitutional and economic fallout from the corona crisis, and IDI’s unique role in addressing it. 

A 3-pronged plan to change the balance of power in government threatens everyone who cares about human rights, regardless of politics

IDI experts explain Israel’s immunity law, what happens when it’s requested and what the implications may be for the political system.

Israeli Voters, Not Judges, Must Determine Who Will Lead the Country Next

There's an unacceptable, extreme conflict of interest between Netanyahu the accused and Netanyahu, head of the executive branch

IDI experts issue a statement calling for the Knesset to form a special House Committee to debate immunity

Coalition negotiations continue and Israel does not yet have a government - but one thing is certain - Israeli democracy dodged a bullet.

Like all democracies, the principle of the "Rule of Law" exits in Israel. In recent years, there have been quite a few attempts to overcome this tenant, potentially causing long-lasting damage to public confidence in the justice system. Dr. Fuchs explains.

September 2019 Israeli Voice Index found that a majority of Israelis prefer a unity government. Additionally the majority of Israelis do not think the State should offer Benjamin Netanyahu a plea bargain or that he would agree to one.

"This election will be less about which candidate ends up as prime minister, but rather the real possibility of radical judicial reforms that might soon pass in the Knesset and which would limit the Supreme Court’s ability to perform crucial oversight over the political system."

On claims that the High Court ties the security establishment's hands, Dr. Amir Fuchs says "the truth is that when authoritative figures from the defense establishment appear before the court to support some important security requirement, the court almost always adopts their argument".

Only rarely can a protest totally uproot racism and discrimination, but a strong leadership can negotiate for change

IDI experts provide an overview to the proposed Immunity Law that would grant members of Knesset automatic immunity from criminal prosecution

Supporters of this government show increasing tolerance for graft, and this is a red flag for the rule of law in Israel.

Black Friday is a good reminder that that in order to protect our privacy as well as minimize the use of personal data to influence our ability to make free choices, there needs to be a change in consumers’ habits as well as increased digital literacy. 

In an interview Prof. Yuval Feldman, discusses his new book "The Law of Good People" and sheds light on the connection between good people and corruption.

How can Israel - a light to the nations, and homeland for the Jewish People, fail to embrace equality for all, alongside commitment to the diaspora?

Though many ultra-Orthodox politicians expressed outrage at the original publishing of this new bill, some view the proposal as a double achievement.

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.

Police-Society Forum convenes at IDI to discuss issues related to law, order and enforcement among Israeli citizens

The law is not similar to the American law. It discriminates and is likely to lead to lawsuits against Israel in the international criminal court.

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.

How should suspected violations of the international laws of war be investigated? As Operation Protective Edge winds down, Prof. Yuval Shany and Prof. Amichai Cohen discuss the options of an internal investigation by the IDF, an international investigation, and an Israeli commission of inquiry.

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.

In the midst of Operation Protective Edge, IDI President Yohanan Plesner warns of the dangers of racism, incitement, and stifling of free speech and asserts that it is essential to internalize a substantive democratic culture. 

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.

In an article in <em>The Times of Israel</em>, Attorney Amir Fuchs argues that legislation that would give judges the authority to sentence murderers to life in prison with no possibility of pardon is misguided and will not prevent terrorists from being released in future prisoner exchanges.

In an op-ed in <em>Haaretz</em> published after Ehud Olmert was sentenced to six years in prison, Prof. Mordechai Kremnitzer explores the implications of the Holyland case for the battle against corruption in Israel.

Former Speaker of the Knesset MK Reuven (Ruby) Rivlin shares his views on the importance of the institution of the Israeli presidency, as part of an exclusive IDI series of articles by the presidential candidates of 2014.

In an article in <em>Makor Rishon</em>, Prof. Yedidia Stern describes his feelings of sadness, pride, apprehension, and hope upon the sentencing of Ehud Olmert to prison for his role in the Holyland affair.

In an op-ed in <em>Haaretz</em>, Prof. Mordechai Kremnitzer discusses government corruption in Israel and the implications of the Holyland verdict for deterring such corruption in the future.

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.

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 <em>Haaretz</em>, attorney Amir Fuchs explains why he believes the release of convicted terrorists as part of prisoner release deals or  as part of diplomatic negotiations degrades Israel's criminal justice system.

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. 

In this video interview, IDI Former President and Founder Dr. Arye Carmon responds to Former Prime Minister Ehud Olmert's acquittal of most of the charges against him in July 2012.

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. 

As the world considers the threat of a nuclear Iran, Israeli public discourse has focused primarily on whether or not Israel should launch a preemptive strike on Iran's nuclear facilities. But who has the authority to decide whether a military operation should be conducted? In this article, IDI Vice President Prof. Mordechai Kremnitzer and researcher Eyal Tsur explore the strengths and weaknesses of the current division of responsibility regarding this matter, and recommend ways of improving the system.

How should Israelis feel about the Katzav verdict? In this article from <em>The Jewish Chronicle</em>, Prof. Vernon Bogdanor of King's College in London, a member of IDI's International Advisory Council, asserts that the outcome of the trial can be a source of pride, since the mark of a constitutional democracy is that no one is above the law. At the same time, however, he warns that Israel needs to develop a culture of self-criticism in light of recent trends in attitudes towards the Arab minority.

In late 2009, a series of crimes were committed by individuals who hailed from different sectors of Israeli society—Russian, ultra-Orthodox, the settlers, and the Israeli upper class. These crimes were attributed to the actualization of traits stereotypically associated with the "tribe" of each perpetrator. In an op-ed in <em>Yedioth Aharonoth</em>, Prof. Yedidia Z. tern warns against public displays of tolerance that create a cultural "city of refuge" that condones such behavior, and calls on the leaders of each "tribe" to assume responsibility and take action to eradicate the negative behavior associated with their camp.

In an op-ed in Yedioth Aharonoth, IDI Vice President of Research Prof. Yedidia Z. Stern calls on the leaders of each "tribe"—Russian, ultra-Orthodox, settler, and upper class— to take action to eradicate the negative behavior stereotypically associated with their camp.

Prime Minister Benjamin Netanyahu has asked the Knesset for immunity from prosecution. What happens next? IDI experts lay out the next steps. 

"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.”

If Israel was founded as the state of the Jewish people, why is a nation-state law so problematic, having already toppled one government?