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.
Tehilla Shwartz Altshuler reminds us that the media is the cement that holds the stones of democracy together. As the arbiter of reality, the purpose of the media is to show us, the citizens, what is going on around us. To the same extent, it is also supposed to reflect our feelings and our level of trust in the decision-makers and representatives whom we elect to govern us.
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.
In the aftermath of the Tel-Aviv terror attack, it is becoming increasingly clear that the current round of terror will not end soon. When there are casualties of attacks, not only do security issues arise, but so do medical issues – and these can be equally as complicated. This article originally appeared in Crescent City Jewish News.
Is demolishing terrorists' homes an effective deterrent? Israel Democracy Institute research – based on previous work conducted by the security establishment – has cast a doubt on its value. There was also a research report published in 2005 by a professional committee led by Maj. Gen. (Ret.) Udi Shani, which led to the cessation of house demolitions for three years.
A society that is doomed to live forever by the sword cannot hope to be truly humanist and democratic. Originally published in the Jerusalem Report.
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.
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.
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.
Liberal democracy is in crisis everywhere. We in Israel have our share of problems. Our democracy is far from perfect, and it is under massive pressures — both external and internal. But all in all, if we look at the world around us, Israel is doing rather well. This article was originally published by the Atlanta Jewish Times.
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.)
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.
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.
In an op-ed first published by The Jerusalem Report, Prof. Yedidia Stern says this intifada of knives has left Israel in a twilight zone. It is not a time of war, in which the army is permitted to use arms more freely. But nor is it a time of peace in which any use of arms is seen as most irregular. Sharp differences of opinion between the public and the army could lead to a crisis in public confidence in the military high command. There is a crying need for responsible leadership.
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 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.
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 verdict, the real story in the Azaria affair is the moral, not the legal, issue, and this debate is alive and well.
On the Unlawful Combatants Law 2002
A Comparative Study
The Case of the Israeli Mista’arvim under International Law
A Summary of an Era and Challenges for the Coming Years
Democracy Fighting Terror
The Harming of Innocents in the War Against Terror
Terrorism's Impact on the Israeli Economy