Law In Israel

The right in Israel has various sources. It incorporates parts of Mecelli (in) , the Civil Code Ottoman from the late ^nineteenth century, elements of the Halacha (the Jewish law ") or Islamic law , particularly in regard to marriage and divorce of common law British , codification of modern private law by the Knesset , or the declaration of independence of the State of Israel , which has not become law. It also includes the basic laws of Israel , who in the 1990s provided the basis for development of constitutional review by the Supreme Court.

It also includes two separate legal systems with regard to the occupied territories , one applicable to the Palestinians , the other for Israeli settlers.

Finally, it includes a system of court martial , which are practically beyond the reach of judicial review of the Supreme Court.

Family law and personal status

The religious law applies to personal status ( Halacha for Jews, Muslim law for Israeli Arabs ). Thus, only religious marriages (before a rabbi for the Jews , an imam for Muslims , etc ...) are recognized Israeli territory. The civil marriage does not exist in Israel, but Israel recognizes marriages performed abroad, which allows Israelis unwilling, or unable to be married by a religious institution, to do abroad (in General on the nearby island of Cyprus ) to be recognized as married back in Israel. This applies particularly to many people define themselves as Jews but are not recognized as such by the rabbinate, or look in the case of marriage called "mixed" (Judeo-Islamic, Judeo-Christian, Islamic-Christian, etc. ...).

Extradition

Israel has recently changed its law on extradition , allowing one of its nationals in all cases, provided it is authorized by the requesting state to enforce any penalty imposed by Israel following his extradition ^{Administrative detention}

Israel holds some Palestinians in administrative detention (by the committee against torture the United Nations (UN), "900 Palestinians were held in administrative detention in 2007 (...) and some, including former ministers Hamas appear to have been selected to put pressure on Hamas to release Israeli soldier Gilad Shalit "

Separation Barrier

On 30 June 2004 , the Israeli Supreme Court did not question the existence of the separation fence but ordered that its route be amended

Human Rights and Torture

The question of the legitimacy of the use of torture during interrogations by the Shin Bet , the intelligence agency, under the Israeli-Palestinian conflict , was asked repeatedly to Israel, the High Court of Justice had ruled on it. Israel ratified the Convention against Torture of the UN in 1991 and, as such, is the subject of reports issued by the UN Committee against Torture.

The Landau Commission of 1987 (named after the president of the Supreme Court of Israel , Moshe Landau (en) ) showed that the Shin Bet was doing a routine use of torture in its interrogations, despite his denials and perjury in court ^, .

A parliamentary report of 1997, drafted under the direction of Miriam Ben-Porat (en) (Supreme Court Justice from 1977 to 1987, then elected to the Knesset State Comptroller), showed that the Shin Bet to torture continued after the report the Landau Commission, going far beyond the "moderate physical pressure" accepted by it, and this, in particular during the first Intifada , between 1988 and 1992 . Submitted to a subcommittee of Parliament's intelligence, the report was kept secret until 2001 .

The same year 1997, the UN Committee against Torture concluded that the methods of interrogation used by the Shin Bet were acts of torture contrary to Article 1 of the Convention against Torture .

Between writing the report Ben-Porat in 1997 and published in 2001, the High Court of Justice ruled, following a petition filed by including the Public Committee against Torture in Israel (PCATI), on the legal status the issue in 1999. The Court decreed that the GSS interrogations are subject to the same restrictions as those of the police as usual, and that torture (especially the "method Schabach") is therefore illegal, the Government has no power to regulate it it through administrative directives. But it leaves open the possibility for investigators to take shelter in case of complaint to the criminal behind the excuse ex post of "necessary defense" (Necessity defense), citing in particular the ticking time bomb scenario (in) .

According to the Public Committee Against Torture in Israel (PCATI), nearly 10 years after that landmark ruling of the Court, acts of torture continue to be performed .

2009 Report of the UN Committee against Torture

When reviewing the 2009 report of the UN Committee against Torture, Shai Nitzan , Deputy State Prosecutor for Special Affairs, said that "Israel must often fight with one hand tied behind its back" . According to the UN Special Rapporteur on the protection of human rights in the fight against terrorism, 700 Palestinian minors have been detained in 2006 , among which 25 are still deprived of their liberty under administrative detention orders. The same military order "allows the detainees to be kept up to 90 days without access to counsel, and up to 188 days without being charged" .

On the other hand, the Committee noted and raised questions about ^, ;

Major decisions of the Supreme Court

• December 1992 ( first Intifada ): The Court, after ordering an immediate injunction to suspend a process of deportation of 415 Palestinians in the occupied Palestinian territories to Lebanon , ordered by the government of Yitzhak Rabin , finally legitimate ex post facto the expulsion .
• 1999 : Decision of the High Court of Justice in Case of 1999 Public Committee against Torture in Israel , etc.., on torture and interrogation of the General Security Service (aka Shin Bet )
• 2000 : Judgement on the family Adel and Iman Kaadan, the Israeli Arabs , who wanted to buy land in a solely Jewish community, Katzir. A lawyer, Dan Yakir, a member of the Association for Civil Rights in Israel. The Court held that the discrimination made by Katzir is unconstitutional .
• 2002 : Case AJOR , where the Association for Civil Rights in Israel (Association for Civil Rights in Israel) joined the High Court of Justice ruled that the expulsion of the Palestinian people West Bank to the Gaza Strip , carried out under the Defence (Emergency) Regulations (in) 1945, were not contrary to art. 49 of the Fourth Geneva Convention , which states that "the Occupying Power shall not deport or transfer parts of its civilian population into the territory it occupies".
• 2005 : HCJ HCJ 769/02 Stop 769, December 2005 ( Public Committee Against Torture in Israel v. Government of Israel), on the practice of " assassinations targeted "
• # Israeli separation barrier the Israeli judicial decisions (2004, 2005, 2007)
• On 29 December 2008 , during the war in Gaza , the Supreme Court issues a ruling ordering the government to authorize the entry of the corresponding foreign Gaza every time the crossings are open, but the IDF refuses to bend
• Evictions and house demolitions : chaired by Meir Shamgar (1983-1995) and Aharon Barak , the Court has repeatedly refused to condemn the destruction of homes of Palestinians suspected of terrorism by the Israeli security forces, rejecting the Qualification of collective punishment which would have been contrary to international law ^, .

References

See also

• Israeli-Palestinian conflict

• Law portal
• Israel portal

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