The Israeli High Court's claim that home demolitions need not be applied to Jews because they support terror less than Palestinians must be rejected. (This article was originally published by Haaretz.)
Are home demolitions legal? And are they effective? Both IDF commanders and Israeli Supreme Court judges have raised doubts on the matter. In an op-ed published by The Jerusalem Post, IDI's Tal Mimran says the time has come to reevaluate Israeli policy.
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.
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.
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.
Despite the transformation of Israeli society, the IDF’s model of service has not changed. Military service continues to be a rite of passage for young Israelis and the IDF retains its status as the most trusted institution in Israel. Prof. Yuval Shany, Maj.-Gen. (ret.) Orna Barbivai and Prof. Amichai Cohen sit down to discuss the challenges facing the IDF and Israeli society in a changing security environment.
Democratic countries around the world are struggling to effectively fight terror without compromising basic human rights and freedoms – the essential democratic values. In this article from IDI's Hebrew online journal Parliament, IDI's Yogev Tuval presents an analysis and comparison of post-9/11 anti-terrorism legislation in the United States and Britain, and explains how certain laws threaten democracy.
Israel's launch of Operation "Pillar of Defense" just before the elections for the 19th Knesset is reminiscent of the launch of "Operation Cast Lead" before the elections of 2009. Should the elections be postponed? Dr. Dana Blander discusses elections during times of war, in Israel and abroad, from an historical-legal perspective.
How central is the security question among the general Israeli public, and to what extent is it central in party eyes? What are the estimated percentages of citizens in Israel who associate themselves with the right and left camps? This article explores these questions and associates Israel's right and left political camps with their perceptions of security-related issues.
The violent incidents that took place on the Israeli-Syrian border in June 2011 raise the question of how the Israel Defense Forces should deal with violent events that resemble disturbances while at the same time affecting important Israeli security interests. IDI Senior Fellow Prof. Yuval Shany offers his analysis of the Israeli response to these events.
In this op-ed IDI's Amichay Ayalon and Idit Shafran-Gittleman argue that the challenge of combatting terrorism requires security concerns to be weighed against the values of a free society. The prevailing attitude among supporters of Hebron shooter Elor Azaria of allowing the security mantra to trump any other concerns may lead to short-term military success, but will be a moral loss for Israel, both on the home front and in the international sphere. This op-ed originally appeared in Haaretz.
Arab elected officials have disappointed the public time after time with their lack of professionalism in how they lead their constituents toward political change. (This article was originally published by the Jerusalem Post.)
Israel has been in a state of emergency since 1948. But the nature of the threat has changed over-time—from full-scale military invasions to isolated airplane hijackings, from suicide bombings to missile attacks, and most recently, cyber and lone wolf terrorism.
These ever-evolving threats necessitate new responses and strategies.
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.
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.
This article presents the main milestones in the recurring attempts to put a satisfactory arrangement for the deferment of military service for yeshiva students in place. In doing so, it surfaces the changes that have occurred over time in the constitutional, legal, and public responses and attitudes on this issue.
The 15th Caesarea Economic Policy Planning Forum, February 2007
Democracy Fighting Terror
The Harming of Innocents in the War Against Terror
On the Unlawful Combatants Law 2002
Policy Paper No. 16
A Proposal for Amending the Penal Prohibition