Supreme Court Of Israel
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The Supreme Court of Israel (in Hebrew : , Beit haMishpat ha'Elyon) is at the top of the Israeli judicial system which is the highest. It is composed of 14 members (12 permanent and two temporary) appointed by an independent committee to select judges, established by a fundamental law : that of the judiciary. Chaired by Dorit Beinisch , she sits in Jerusalem and the entire state is under its jurisdiction.
The Supreme Court is both a court of appeal for criminal and civil, and a High Court of Justice, sitting at first instance, primarily with regard to the judicial decisions of the government and for constitutional review laws. She was the subject of much controversy in recent years, particularly in light of its judicial activism, in whose name (especially when Aharon Barak was the president) it occurred within the political and military, having declared competent in matters relating to the conflict with the Palestinians.
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Important Judgments
See also Law in Israel
- 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 .
- 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 and 2010). Decision 2010 gives reason to residents of Bilin and forced to move the wall, which extended well into the Palestinian territories .
- 14 December 2006 : Judgement concerning the policy of "targeted assassinations". The Court held that the legality of it can not be judged in general, but only on a case by case basis. Judge Aharon Barak , however, evokes a contrario and implicitly, where Salah Shehadeh , the Court was, as an example a case where it would not be legal .
- 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 , Presidents of the Court
- Smoira moshe (fr) (1948-1954)
- Yitzhak Olshan (en) (1954-1965)
- Shimon Agranat (en) (1965-1976)
- Yoel Zussman (en) (1976-1980)
- Moshe Landau (en) (1980-1982)
- Yitzhak Kahan (1982-1983)
- Meir Shamgar (1983-1995)
- Aharon Barak (1995-2006)
- Dorit Beinisch (2006-present)
Architecture
Inaugurated in 1992, this landmark building has succeeded in combining traditional and modern styles, the open and closed spaces, straight lines and curves. It is illuminated by indirect natural light entering the building by a multitude of small openings in the walls and roof. It is reached by a footbridge. The building is bisected by a long straight driveway that connects to that of the Knesset.
In the lobby is a mosaic of exposed synagogue of Hamat Gader (he) (V-VI century):
References
- a and b Nimer Sultany, " The Legacy of Justice Aharon Barak: A Critical Review ", 48 Harvard International Law Journal Online 83 (2007).
- Joel Greenberg, Israeli Court Rules Arab Couple Can Live in Jewish Area , New York Times , March 9, 2000.
- HCJ 785/87; HCJ 845/87; HCJ 27/88 (fr)
- Judgement complete.
- Israel forced to move a piece of its separation barrier in the West Bank , Le Monde , February 12, 2010
- Sharon Weill, From Gaza to Madrid, the targeted assassination of Salah Shehadeh , Le Monde Diplomatique , September 2009
- (en) Gaza Strip: Israel continues to prohibit the entry of foreign journalists on google.com, AFP , 6 January 2009 . Accessed 14 February 2009
- Dan Simon , The Demolition of Homes In The Israeli Occupied Territories, " Yale Journal of International Law , 19 (1994) 1-79.
See also
- Anne Jussiaume (2009), " The Supreme Court and the Constitution in Israel: Between activism and judicial restraint , " Juice Politicum No. 3, December 2009
- Samia Chouchane, "The prosecution of military ethics in Israel," Bulletin of the French Research Center of Jerusalem (CRFJ), No. 20 | 2009
- Emilie Marcovici, "60 years after Israel should always adopt a Constitution?", Journal of Public Law, No. 1, 2009, p. 125.
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