17 October 2024
The ICJ Advisory Opinion and Israeli Law
This post examines the relationship between the Advisory Opintion and Israeli law with respect to the duty to distinguish between Israel and the OPT. While the Opinion requires States to distinguish between Israel and the OPT in their dealings with Israel, and to omit acts that may strengthen Israel’s hold of the Territories, calls for such distinction are a civil tort under Israeli law, and those making them can be denied entry to Israel. As a result, Israelis are unlikely to support the Opinion. This will contribute to the growing gap between the international discourse and the domestic discourse in Israel with respect to the OPT. Continue reading >>
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03 January 2023
Annexation is in the Details
The influx of news coming out of Israel these days renders it difficult to grasp the full scale and meaning of the constitutional and legal changes Israel is facing. In this blogpost, I wish to focus on one aspect of the upcoming changes, namely those that regard Israel’s control of the Occupied Territories. On December 28, 2022, Israel’s incoming Minister of Finance, Bezalel Smotrich, published an op-ed in the WSJ in which he argued, among other things, that the changes regarding the division of responsibilities concerning the Occupied Territories among Israeli bodies do not “entail changing the political or legal status of the area”. However, an examination of the changes included in the Coalition’s Basic Principles, published on December 12, 2022, and the coalitionary agreement between Netanyahu’s Likud Party and the Religious Zionist party, portrays a very different picture. Continue reading >>
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13 July 2022
Hanging by a Thread
On June 20, 2022, Israel’s PM Naftali Bennet announced that he has decided, together with Yair Lapid, Israel’s foreign minister and Alternate Prime Minister, to disperse the Knesset. Bennet explained that the dissolvement was necessary to avoid “constitutional chaos”. But what was this pending “chaos”? What Bennet was referring to in such dramatic terms is the prospect of the expiration of the Emergency Regulations (Judea and Samaria—Adjudication of Offenses and Legal Assistance), which were set to expire as a result of the Knesset failing to pass a law extending them. What are these regulations? And how can the expiration of regulations, let alone emergency regulations, amount to a constitutional crisis? Continue reading >>08 February 2022
When Your Own Spyware Hits Home
A newspaper report from January 18, 2022, revealed that the Israeli police has been using a spy software to spy on its own citizens. This affair illustrates how existing Israeli privacy law is inadequate for dealing with the types of privacy violations enabled by new technologies. But the ease with which these technologies are used also speaks volumes about the militarization of Israeli society. Continue reading >>
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20 July 2021
Does Where You (Legally) Stand Depend On Where You Sit?
On July 8, 2021, the Israeli Supreme Court rejected the petitions challenging Basic Law: Israel as the Nation of the Jewish People, enacted almost three years earlier. The so-called Hasson decision not only raises important questions about the relationship between legal and political struggles, it also calls into question the constitutional foundations of equality and democracy. Continue reading >>
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13 April 2021
A Year in Review: COVID-19 in Israel
Israel’s response to the pandemic took place in an unstable and highly polarized political climate. This affected the decisions taken in several ways. First, throughout the crisis, it was difficult to achieve agreement within the government on required actions. In addition, decisions often reflected political rather than professional considerations, a problem that was exacerbated by the instability of the coalition. The prospect of additional elections also effected the political will to enforce restrictions, in particular in the Ultra-Orthodox sector, as Ultra-Orthodox parties are perceived by Netanyahu as necessary partners in any government coalition. Continue reading >>
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22 March 2021
Tracking Citizens
Israeli authorities will still be able to use military phone tracking surveillance technology in the combat against the Coronavirus – but not in a way as unbridled as the government had wished. This is the outcome of a recent decision by the Israeli Supreme Court in the case of ACRI v. the Knesset. The Court refrained from declaring the Law authorizing the General Secret Service to track contact persons of infected COVID-19 patients invalid, but limited the cases in which military phone tracking surveillance technology could be used, and required the government to establish clear criteria for such use. Continue reading >>
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14 October 2020
An Emergency within an Emergency within an Emergency
On September 17, 2020, I published a blogpost on Verfassungsblog, warning that while COVID-19 has not, at the time, been used in Israel as a justification for banning protests, there was reason for concern. The concern materialized on September 30, 2020. The Knesset amended the Coronavirus Law to allow the government to declare a “special coronavirus emergency situation” which raises an array of questions. Continue reading >>17 September 2020
Lock-Down to Avoid Lock-Up?
Whether and to what extent public demonstrations can legitimately be limited in times of a pandemic is a challenge many countries are facing these days. In Israel, however, the COVID-19 crisis is intertwined with an ongoing political crisis. Citizens take to the street against a government which uses the pandemic as an argument to restrict those very protests. With a second lock-down imminent, is freedom of assembly in danger in Israel? Continue reading >>14 June 2020
Constitutional Adjudication of International Law Violations
On June 9, 2020, the Israeli Supreme Court delivered its long-awaited decision regarding the 2017 Settlement Law. The Court invalidated the Law by an 8 to 1 majority, determining that it violated the constitutional rights to property, dignity and equality. In addition to the importance of the concrete decision, the ruling raises important issues regarding the applicability of Israeli constitutional law to the Occupied Territories, the role of international law in the context of constitutional review in Israel, and the relevance of the answers to these issues in the case of a possible upcoming annexation of the West Bank. Continue reading >>
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