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Future of the AUMF: Lessons from Israel's Supreme Court Emily Singer Hurvitz American University Washington College of Law
American University National Security Law Brief Volume 4 | Issue 2 Article 3 2014 Future of the AUMF: Lessons From Israel's Supreme Court Emily Singer Hurvitz American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/nslb Part of the Law Commons Recommended Citation Hurvitz, Emily Singer. "Future of the AUMF: Lessons From Israel's Supreme Court." National Security Law Brief 4, no. 2 (2014): 43-75. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University National Security Law Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. 42 NATIONAL SECURITY LAW BRIEF Vol. 4, No. 2 Vol. 4, No. 2 Future of the AUMF 43 FUTURE OF THE AUMF: LESSONS FROM ISRAEL’S SUPREME COURT Emily Singer Hurvitz1 “Judges in modern democracies should protect democracy both from terrorism and from the means the state wishes to use to fght terrorism.”2 Introduction Following the September 11, 2001 terrorist attacks, Congress enacted the Authorization for Use of Military Force (AUMF) to give the President power to use military force specifcally against the people and organizations connected to the terrorist attacks: al-Qaeda and the Taliban.3 Some would argue that Congress’s goals in enacting the AUMF have been met—al-Qaeda -
Conference Conveners: Officiated By: Incumbent Office-Holders
Conference Conveners: Prof. Uriel Reichman Maj. Gen. (res.) Amos Gilead President & Founder, IDC Herzliya Executive Director, Institute for Policy and Strategy, and Chairman of the Annual Herzliya Conference Series, IDC Herzliya Officiated by: H.E. Reuven (Ruvi) Rivlin President of the State of Israel Photo: Spokesperson unit of the President of Israel Incumbent Office-Holders Commissioner Roni Alsheikh MK Naftali Bennett MK Yuli-Yoel Edelstein General Commissioner of the Israel Police Minister of Education and Minister Speaker of the Knesset of Diaspora Affairs Lt. Gen. Gadi Eisenkot H.E. Khairat Hazem Mr. Moshe Kahlon IDF Chief of the General Staff Ambassador of Egypt to Israel Minister of Finance MK Israel Katz Rabbi David Lau Mr. Avigdor Liberman Minister of Intelligence and Transport Chief Rabbi of Israel Minister of Defense Hon. Brett McGurk Dr. Antonio Missiroli Hon. Judge (ret.) Joseph H. Shapira Special Presidential Envoy for the Global Assistant Secretary General of NATO for State Comptroller and Ombudsman Coalition to Counter ISIL, Emerging Security Challenges U.S. Department of State Prof. Dmitry Adamsky Lt. Gen. (ret.) Orit Adato Mr. Elliott Abrams Lauder School of Government, Diplomacy and Founder & Managing Director, Adato Senior Fellow, Council on Foreign Relations Strategy, IDC Herzliya Consulting; Former Commissioner of the Israel Prison Service and Former Commander of IDF Women Corp Photo: Kaveh Sardari Mr. Yaacov Agam Mr. Simon Alfasi Prof. Graham Allison Sculptor and Experimental Artist Mayor of Yokneam Douglas Dillon Professor of Government, Harvard Kennedy School Ms. Elah Alkalay Col. (res.) Dov Amitay Ms. Anat Asraf Hayut VP for Business Development President, Farmers' Federation of Israel National Elections’ Supervisor, IBI Investment House Ministry of Interior Prof. -
The Representation of Women in Israeli Politics
10E hy is it important for women to be represented in the Perspective A Comparative Politics: in Israeli Women of Representation The WKnesset and in cabinet? Are women who are elected The Representation of to these institutions expected to do more to promote “female” interests than their male counterparts? What are the factors influencing the representation of women in Israeli politics? How Women in Israeli Politics has their representation changed over the years, and would the imposition of quotas be a good idea? A Comparative Perspective This policy paper examines the representation of women in Israeli politics from a comparative perspective. Its guiding premise is that women’s representation in politics, and particularly in legislative bodies, is of great importance in that it is tightly bound to liberal and democratic principles. According to some researchers, it is also important because female legislators Policy Paper 10E advance “female” issues more than male legislators do. While there has been a noticeable improvement in the representation of women in Israeli politics over the years, the situation in Israel is still fairly poor in this regard. This paper Assaf Shapira | Ofer Kenig | Chen Friedberg | looks at the impact of this situation on women’s status and Reut Itzkovitch-Malka gender equality in Israeli society, and offers recommendations for improving women’s representation in politics. The steps recommended are well-accepted in many democracies around the world, but have yet to be tried in Israel. Why is it important for women to be Assaf Shapira | Ofer Kenig | Chen Friedberg | Reut Itzkovitch-Malka Friedberg | Chen | Ofer Kenig Shapira Assaf This publication is an English translation of a policy paper represented in the Knesset and in cabinet? published in Hebrew in August 2013, which was produced by Are women who are elected to these the Israel Democracy Institute’s “Political Reform Project,” led by Prof. -
Mr. Elliott Abramsis a Senior Fellow for Middle Eastern Studies at The
Mr. Elliott Abrams is a Senior fellow for Middle Eastern studies at the Council on Foreign Relations (CFR) in Washington, DC. Mr. Abrams served as Deputy Assistant to The President and Deputy National Security Advisor in the administration of President George W. Bush, where he supervised U.S. policy in the Middle East for the White House. Prior to that Mr. Abrams served in many high ranking public service positions. Including as Assistant Secretary of State in The Reagan Administration, for which he received The Secretary of State's Distinguished Service Award from Secretary George P. Shultz. Mr. Abrams holds a BA and JD from Harvard University and an MA from The London School of Economics. Prof. Dmitry Adamsky is an Associate Professor at the Lauder School of Government, Diplomacy and Strategy, IDC Herzliya. Prof. Adamsky has been a pre- and post-doctoral fellow at Harvard University, a visiting fellow at the Institute of War and Peace Studies, Columbia University and at the Norwegian Institute for Defense Studies. His research interests include international security, strategic studies, cultural approach to international relations, modern military thought, nuclear strategy, American, Russian and Israeli national security policy. Prof. Adamsky has published on these topics in Foreign Affairs, Journal of Strategic Studies, Intelligence and National Security, Studies in Conflict and Terrorism, Journal of Cold War History, Defense and Security Studies and has contributed chapters to edited volumes and encyclopedias on modern military and international history. Prof. Adamsky's books Operation Kavkaz (Hebrew) and The Culture of Military Innovation (English/Hebrew) earned the annual (2006 and 2012) prizes for the best academic work on Israeli security. -
Recognizing the Assemblage: Palestinian Bedouin of the Naqab
Recognizing the Assemblage: Palestinian Bedouin of the Naqab in Dialectic with Israeli Law VICTOR NASSER REGO A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN LAW, OSGOODE HALL, YORK UNIVERSITY, TORONTO, ONTARIO SEPTEMBER 2018 ©Victor Nasser Rego, 2018 ABSTRACT In the five case studies, we examine how Israel, as a collection of individuated interests given expression in the form a state, is in a dialectic of recognition with the Naqab Bedouin community. Recognition happens on a few registers. Palestinians from the Naqab seek recognition for their particular identity and lifeways. They seek legal recognition for their living spaces. And they seek these things from the Israeli state, the sovereign. But the struggle for recognition from the sovereign is fraught, particularly in settler colonial situations like this one, in part because it pivots around a particular identity for which autonomy or freedom is sought. Identities in law tend to be, after all, static, constrictive and generalizing. The five case studies concern a land ownership case, a crop-spraying case, the eviction of Bedouin from Umm al-Hieran, discriminatory land allocation in the Wine Path Plan case and the vaccinations case. Four of the five case studies concern land, which speaks to the centrality of land in the dialectic between Naqab Palestinian Bedouin citizens and the Israeli state. The dissertation is principally informed by the theoretical frameworks of