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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
Introduction
INTRODUCTION RECOVERING A REPRESSED PAS T On February 12, 2013, Ruth Calderon was invited to the dais of the Israeli Knesset to deliver her firs t speech as a newly-elected member of parliament.1 The speech was unlike any given in the his tory of deliberations in Israel’s legislature in that it consis ted primarily of her reading and interpreting a Talmudic s tory. The Talmudic s tory that Calderon read before the Knesset, firs t in the original Aramaic and then in Hebrew translation, was, as is typical of these s tories, very brief: Rabbi Rahumi s tudied under Rava in Mehoza. He would regularly come home to his wife on the eve of Yom Kippur. One day [on the eve of Yom Kippur] the topic [he was s tudying] drew him in. His wife anticipated him, “He is coming. He is coming.” He did not come. She began to grieve. She shed a tear from her eye. He was sitting on a roof. The roof collapsed under him, and he died. (B. Ketubot 62b)2 The s tory reflects what appears to have been a common practice among rabbinic scholars in Babylonia: to absent themselves from home for long periods of time to s tudy Torah. The author of the s tory expresses his disapproval of this cus tom by portraying empathically the emotional s tress experienced by Rabbi Rahumi’s wife when he was so engaged in Torah s tudy that he forgot to return home for the sacred holiday. The excitement captured in her cry of anticipation, “He is coming. -
American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav
Hastings Constitutional Law Quarterly Volume 9 Article 2 Number 1 Fall 1981 1-1-1981 American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Pnina Lahav, American Influence on Israel's Jurisprudence of Free Speech, 9 Hastings Const. L.Q. 21 (1981). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol9/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ARTICLES American Influence on Israel's Jurisprudence of Free Speech By PNINA LAHAV* Table of Contents Introduction ........................................................ 23 Part 1: 1953-Enter Probable Danger ............................... 27 A. The Case of Kol-Ha'am: A Brief Summation .............. 27 B. The Recipient System on the Eve of Transplantation ....... 29 C. Justice Agranat: An Anatomy of Transplantation, Grand Style ...................................................... 34 D. Jurisprudence: Interest Balancing as the Correct Method to Define the Limitations on Speech .......................... 37 1. The Substantive Material Transplanted ................. 37 2. The Process of Transplantation -
Port of Eilat Information, Operational
PORT OF EILAT INFORMATION, OPERATIONAL PROCEDURES AND REGULATIONS HANDBOOK EUROPE ASIA PIPELINE CO. OPERATIONS DIVISION JANUARY 2021 CONTENTS FORWARD 3 Inert gas systems 9 INTRODUCTION 4 Ballast water 9 Eilat – General Information 5 Engine 9 Available Facilities and Services 5 Berth Facilities 10 Shore Leave and Transportation 5 No. 1 Jetty 10 Communications 5 No. 2 Jetty 10 Medical Facilities 5 Mooring Lines -Requirements 10 Provisions and Stores 5 Discharging/Loading Arms 10 Fresh Water 5 Manifold Requirement 11 Bunkers 6 Safety Instructions 11 Repairs 6 Cellular Phones 12 Mooring Restrictions 6 Communication 12 Navigational and Meteorological 6 Ship to Shore Radio 13 Information Communication Location of Terminal 6 Cargo Operation Planning 13 Navigational Aids and Landmarks 6 Loading 13 Anchorage 7 Discharging 14 Chart and Pilot Books 7 Pollution Prevention 14 Tide and Currents 7 Oil Spill 14 Temperatures 7 Garbage, Waste Paper and 14 Cartons Winds 7 Accommodation 14 Rain 8 Fogs and Sand Storms 8 Sea Condition 8 Local Time 8 Pilotage 8 Pilotage (general) 8 Pilot Ladder Requirements 8 Berthing Information 8 Tugs and Boats 8 Loading Master 9 Arms Connections 9 Draft 9 FORWARD The purpose of this handbook is to acquaint Masters of tankers, ship owners and charterers with the regulations, general information, and services available to tankers and other vessels calling at the Eilat Oil Terminal. Every effort has been made to ensure the accuracy of the information contained herein. However, it does not replace any information contained in other official publications concerning the Port and the surrounding area. While the information contained is believed to be correct at the time of printing, Europe Asia Pipeline Company Ltd., its delegates and representatives assume no responsibility for any consequences resulting from errors contained therein, or from the use of this information for any purpose whatsoever. -
THE TEMPLE FAMILY ISRAEL TRIP 11 – 23, June 2019 (Draft March 2, 2018; Subject to Change)
THE TEMPLE FAMILY ISRAEL TRIP 11 – 23, June 2019 (Draft March 2, 2018; Subject to change) Exact day’s itinerary and timing for site visits will vary based on bus assignment Tuesday, 11 June – Depart Atlanta Wednesday, 12 June – Shehecheyanu! • Afternoon Group arrival in Israel to be met and assisted at Ben Gurion Airport by your ITC representative • Hotel check-in • Group “Meet and Greet” session at the hotel • Welcome dinner and Shehecheyanu at Dan Panorama Hotel Pool Area Overnight: Dan Panorama Hotel, Tel Aviv Thursday, 13 June – From Rebirth to Start Up Nation • Climb down into the amazing underground, pre-State bullet factory built by the Haganah under the noses of the British at the Ayalon Institute • Visit Independence Hall, relive Ben Gurion’s moving declaration of the State; discuss whether it seems that the vision of Israel’s founding fathers – articulated in the Scroll of Independence – has come to fruition, followed by lunch on your own and free time in Tel Aviv • Explore the new Sarona Gourmet Food Market with time to enjoy lunch at one of the specialty restaurants stalls or create your own picnic and enjoy the grounds • Visit the Taglit Center for Israel’s Innovation, with a guided interactive exhibition tour of the “Start-Up Nation” and see why Tel-Aviv was rated the 2nd most innovative ecosystem in the world after Silicon Valley. • Late afternoon free to enjoy at the beach or walking the streets of Tel Aviv • Dinner on own, with suggestions provided for the many exciting areas to explore in and around Tel Aviv and Jaffa Port Overnight: Dan Panorama Hotel, Tel Aviv 1 Friday, 14 June – Where It All Began • Enter the Old City of Jerusalem at a beautiful overlook and pronounce the shehecheyanu blessing with a short ceremony • Go way back in time to King David’s Jerusalem in David’s City • See the 3-D presentation and enjoy sloshing through Hezekiah’s water tunnel (strap-on water shoes and flashlights needed) • Lunch on one’s own in the Old City with a little time to shop in the Cardo • Enjoy your first visit to The Kotel, to visit and reflect. -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Imagined Citizenship
Adalah’s Newsletter, Volume 12, April 2005 Imagined Citizenship By Marwan Dalal1 In 1999, I had the opportunity to give a lecture before an American Jewish group in New York about the reality from where I came. Then, as today, reality did not flatter the State of Israel. At the end of the lecture, which was received attentively and yet with surprise, a member of the audience, a successful businessman in his late forties, approached me. He asked me about an issue which I had not raised in the lecture but that seemed relevant to him personally. He asked my opinion about the State of Israel’s non-recognition of the Reform Movement within Judaism. My answer revealed my wonder at the ease with which he conceded to a public official in a foreign country the right to determine his identity. The man seemed bemused and smiled at me politely. It was clear to me that the reasonableness of my answer was not convincing to this individual, who probably grew up listening to the sentiment expressed by the former United States Supreme Court Justice Louis Brandeis, who served on the Court between 1916 and 1939. Justice Brandeis stated that, “Practical experience and observing life convinced me that in order to be good Americans, we have to be better Jews. And in order to be better Jews, it is necessary to be Zionists.”2 It is highly doubtful whether the reality here - before, during and immediately after 1948 - was perceived from the United States, or if there has been any will to observe it. -
Galilee Sea Of
UN Demilitarised Zone 0 10 km Mt Hermon 0 5 miles Mt Hermon Hatzbani Ski Station River Dan Nahal 98 Neve Ativ Tel Dan Banias (Israeli Metula Nature Nature Nimrod settlement) L E B A N O N Ghajar Reserve ReserveFortress Majdal Nahal Iyyun Shams Kibbutz 989 Kibbutz Kfar Nature Reserve Nimrod (Israeli Kibbutz Dan 99 Gil’adi settlement) Tel Hai Ma’ayan Ein Kinya ine Kibbutz Banias 4 99 Birket UN Demilitarised Zone 9977 Baruch Snir Waterfall Mas'ada Ram 7 HaGoshrim 9 1 Kiryat Beit Hillel raeli L Shmona Border of 1923 Is Buq'ata Manara 9888 British Mandate 918 of Palestine 978 98 90 Sde Nehemia Odem Kibbutz (Israeli Quneitra Kibbutz Neot Kfar Blum settlement) Viewpoint Mordechai 977 Mt Bental 959 (1165m) 886 Wasset Jct Hula 9881 Merom Golan Quneitra Valley (Israeli settlement) Ramot Agamon HaHula Mt Avital Naftali Ein Zivan 899 (Israeli Zivan Jct 886 978 settlement) Kerem Beit 90 Hula Bar'am Nature 918 Zimra Reserve Gilabon 98 Yesud Nature Ramat Dalton Nafah Jct HaMa'ala Yesud Reserve Jct HaMa'ala 91 Ramat Dalton Jordan River Rafting Jish Industrial Park Zavitan UPPER GALILEE Ayalet Mt Meron Summit (13km); Gadot GOLAN HaShahar Jct Nahariya (40km) Tel Hatzor Nahal HEIGHTS Kadita Hatzor B'not Ya'akov Katzrin Tomb of iver Bat Ya'ar HaGlilit 91 Bridge (Israeli Katzrin Industrial Zone the Rashbi Mahanayim R settlement) Rosh n 9088 87 Pina Yehudiya Nature Reserve – 866 Meron Mahanayim Kfar Ani'am Artists' Village Jct Jct HaNasi Jorda Mesushim Entrance (Israeli settlement) 888 Mt Meron Tsfat Yehudiya Nature Reserve Nature Reserve 89 90 Yehudiya Nature -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
Territorial Issues in the Israel- Palestinian Conflict
Israeli and Jordanian soldiers at the armistice line (Green Line) 1949 TERRITORIAL ISSUES IN THE ISRAEL- PALESTINIAN CONFLICT EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY Territorial Issues in the Israel-Palestinian conflict PETER WERTHEIM AM EXECUTIVE DIRECTOR, EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY Current Israeli and Palestinian contentions about territory and borders reflect their conflicting perspectives on peoplehood, historic rights to the land, legal claims, security, Jerusalem and other emotionally charged issues. The usual starting point for considering these issues is the Arab-Israel war in June 1967, during which Israel captured the Sinai Peninsula and Gaza Strip from Egypt, the West Bank, including the old city of Jerusalem, from Jordan, and the Golan Heights from Syria. However, what is now referred to as the Israel-Palestinian conflict pre-dates the 1967 war, and even pre-dates the establishment of Israel in 1948, and the founding of the modern political movement of Zionism in 1897. Arab rejection of any kind of substantial Jewish presence, political or otherwise, in what is today Israel (let alone the territories captured by Israel in 1967) can be traced back to 1891, if not earlier.1 Arab opposition to the reconstitution of the Jewish Commonwealth in any part of the Jewish people’s historic homeland has been a constant of the conflict for more than one hundred years. Although Arab leaders have at different times proffered different religious, ethnic or nationalistic reasons for that opposition, it has been their preparedness to resort to unlawful violence in an attempt to enforce that opposition, and the Jewish people’s resolve to defend themselves from it, that has made the conflict a bloody one, albeit far less costly in human lives than most other international conflicts. -
Israel: a Mosaic of Cultures Touring Israel to Encounter Its People, Art, Food, Nature, History, Technology and More! May 30- June 11, 2018 (As of 8/28/17)
Israel: A Mosaic of Cultures Touring Israel to encounter its People, Art, Food, Nature, History, Technology and more! May 30- June 11, 2018 (As of 8/28/17) Day 1: Wednesday May 30, 2018: DEPARTURE Depart the United States via United Airlines on our overnight flight to Israel. ----------------------------------------------------------------------------------------------------------------------- Day 2: Thursday, May 31, 2018: WELCOME TO ISRAEL! We arrive at Ben Gurion Airport in the early afternoon, and are assisted by an Ayelet Tours representative. Welcome home! Our tour begins with a visit to Independence Hall, site of the signing of Israel’s Declaration of Independence in 1948, including the special exhibits for Israel’s 70th. We conclude our visit with a moving rendition of Hatikva. We travel now from the past to the present. We visit the Taglit Innovation Center for a glimpse into Israel’s hi-tech advances in the fields of science, medicine, security and space. We visit the interactive exhibit and continue with a meeting with one of Israel’s leading entrepreneurs. We check in to our hotel and have time to refresh. This evening, we enjoy a welcome dinner and tour orientation with our expert guide at a local gourmet restaurant Overnight at the Crowne Plaza Hotel, Tel Aviv --------------------------------------------------------------------------------------------------------------------- Day 3: Friday, June 1, 2018: ISRAEL PAST TO PRESENT Breakfast at our hotel. Visit the Israel Sports Center for the Disabled in Ramat Gan for a special program with Paralympic medal winner, Pascale Bercovitch. Experience the multi-ethnic weave of Tel Aviv through tastings at the bustling Levinsky Market, with tastes and aromas from all over the Balkans and Greek Isles. -
Exploring the Archeological Wonders of Jordan
THE JERUsalem POST . SUndaY, janUary 21, 2018 TRAVEL TRENDS 7 Exploring the archeological wonders of Jordan • By NORMA MEYER nicknamed “Valley of the Moon” “Yankee Doodle Dandy” on bag- for its rippling peach-pink sands pipes in the Corinthian-columned n Jordan’s extraordinary rose- pierced by titan sandstone and gran- amphitheater near the chariot hip- red “Lost City” of Petra, I have ite peaks. Lawrence and his guerrilla podrome. just huffed up 700 zigzag- rebels made their base here in 1917- Petra, though, is the jackpot. Aban- ging stone-carved steps to the 18, and decades later director David doned in the seventh century, it was Iancient mountaintop High Place Lean filmed the cinematic classic rediscovered by a Swiss explorer in of Sacrifice with its sacred altar and in this otherworldly locale. (Plan- 1812 and became a UNESCO heri- goat blood drain. And now, along a etwise, Wadi Rum also subbed for tage site in 1985. Hidden away, to dirt trail, I rest in a rug-draped souve- Mars in the 2015 Oscar nominee The get to the ancient city, you have to nir stall while an octogenarian Bed- Martian.) trek through the dramatic narrow ouin woman – who is traditionally Near a commemorative rock carv- Siq, a nearly mile-long slot canyon clad in a long embroidered madraga ing of Lawrence’s face, we stop at a sandwiched by 24-story-high veiny dress and grew up in a cave – deftly rectangular tent woven from black rock edifices and at times only 10 strings a fragrant necklace of dried goat’s hair and occupied by hospi- feet wide.