This issue of the Israeli Supreme Court Blog presents an abstract of the Supreme Court’s decision of May 24, 2018, addressing the lawfulness of the IDF’s rules of engagement during the recent events on the Gaza border (HCJ 3003/18), and refers to analyses of the decision by Prof. Amichai Cohen, Elena Chachko & Prof. Yuval Shany, and Prof. Eliav Lieblich.
There are at least three contexts in which the Court has grappled with Palestinians’ property rights and to which it has recently devoted attention: home demolitions, absentee properties, and the legality of settlements. As the Court notes, the legality of all of these practices is questionable under international law and possibly under Israeli law, yet they continue to be implemented by the Israeli Government. Some of these practices predate Basic Law: Human Dignity and Liberty, so they cannot be struck down as unconstitutional.
Over the past three months, the Israeli Supreme Court has been called upon in at least three cases to revisit the issue of military demolition of the homes of Palestinians who have committed (or are suspected of having committed) acts of terror against Israelis. While the Court has declined to reconsider the constitutionality of home demolitions, in two of these cases Justices Vogelman and Mazuz have expressed concern about this measure, with Justice Mazuz calling on the Court to re-examine home demolitions as the relevant jurisprudence dates back at least two decades.
Judicial Oversight of National Security and Intelligence Gathering-- a synopsis of presentations from panel three of the ISCP's inaugural conference, Constitutional Conflicts and the Judicial Role in Comparative Perspective
*Prepared by Orly Rachmilovitz
Oren Gross (The University of Minnesota Law School):