Contemporary Legal Debate in Israel Is Alive with Argument and Counter-Argument on the Tension Between Two Attributes of The
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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 -
Israel at 70
Israel at 70 Israel as a Double Gift Dr. Ari Berman, President, Yeshiva University Our generation is blessed to witness the 70th birthday of the modern State of Israel. While the State of Israel is of profound importance to Jews everywhere, it holds unique resonance for us as religious Zionists, for it potentially signals the coming of a long-hoped-for redemption. Consequently, as we reflect upon the seven decades since Israel’s birth, it is useful to clarify the way in which a modern nation-state like Israel can herald redemption. Of the many foundational ideas that Biblical Israel has contributed to the history of civilization, perhaps the most ambitious is the concept of a collective redemption—the notion that not only should individuals strive for their ultimate betterment, but that society can and must move history forward together. Reflections on this theme are most concentrated in the Bible’s prophetic literature. Broadly speaking, one finds therein two contrasting models for what redemption entails, the first represented in the book of Ezekiel, the second in the book of Isaiah. Ezekiel, in chapter 37, envisions redemption as a project fundamentally benefitting the Jewish people. Although dispersed throughout the world, and oppressed throughout history, this paradigmatic minority will one day be revived. The climax of Ezekiel’s best known eschatological prophecy—his vision of the valley of the dry bones—is God’s promise to His people: “I will bring you back to the land of Israel” (37:12). For Ezekiel, the goal of the redemptive process is internally oriented. Isaiah, by contrast, consistently articulates a redemptive vision that encompasses all of humanity. -
Jewish Wisconsin 5774-5775/2013-2014
A GUIDE TO Jewish Wisconsin 5774-5775/2013-2014 Your connection to Jewish Arts, Culture, Education, Camping and Religious Life When Accidents or Injuries Happen to Someone You Love Our Family of Lawyers Will Protect Your Family WhyWhy ChooseChoose AnyoneAnyone Else?Else? ®® 1-800-2-HABUSH 1-800-242-2874 Injuries or Deaths From Motor Vehicle Accidents, Medical Malpractice or Product Defects, Nursing Home Negligence, Elder Care Abuse & All Other Injuries • Helping Injured People for Over 75 Years • Wisconsin’s Largest Personal Injury Law Firm • Free Consultation • More Nationally Board Certified Civil Trial • 100’s of Millions in Settlements and Lawyers Than Any Firm in Wisconsin Verdicts Collected For Our Clients • More Lawyers Listed in The Best Lawyers in • Home and Hospital Visits Available America Than Any Other Personal Injury Firm • No Fees or Costs Unless We Are Successful in Wisconsin • Home, Hospital, Evening & Weekend Appointments Milwaukee Office Waukesha Office West Bend Office 1-414-271-0900 1-262-523-4700 1-262-338-3540 www.habush.comwww.habush.com ART ID: 0593220 VERSION: (v1) jm 091609 DIRECTORY NO.: 2STATE/DIRECTORY: n MilwaukeeJewish.org CLIENT NAME: Habush Habush & Rottier CMR CLIENT NO.: 059-3220 HEADING: AD SIZE: 7.25” x 9.75” BVK JOB NO.: ks 1092 AR NAME/LOCATION: Megan D./Milwaukee SHIPPED: (1)091609 jm EMAIL TO AR Welcome to Jewish Milwaukee Welcome to A Guide to Jewish Wisconsin 5774-5775/2013-2014, We invite you to learn more about The Chronicle a publication of The Wisconsin Jewish Chronicle. The Guide is by visiting JewishChronicle.org. Also visit designed to help newcomers become acquainted with our state’s MilwaukeeJewish.org to learn more about the vibrant Jewish community and to help current residents get Milwaukee Jewish Federation, which publishes the most out of what our community has to offer. -
The Shin Beth Affair: National Security Versus the Rule of Law in the State of Israel
Loyola of Los Angeles International and Comparative Law Review Volume 11 Number 1 Article 3 1-1-1989 The Shin Beth Affair: National Security versus the Rule of Law in the State of Israel Paul F. Occhiogrosso Follow this and additional works at: https://digitalcommons.lmu.edu/ilr Part of the Law Commons Recommended Citation Paul F. Occhiogrosso, The Shin Beth Affair: National Security versus the Rule of Law in the State of Israel, 11 Loy. L.A. Int'l & Comp. L. Rev. 67 (1989). Available at: https://digitalcommons.lmu.edu/ilr/vol11/iss1/3 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. The Shin Beth Affair: National Security Versus The Rule of Law in the State of Israel PAUL F. OCCHIOGROSSO* "Did you take them captive with your sword and bow that you would strike them down?" II Kings 6:22 I. INTRODUCTION' On the evening of April 12, 1984, four eighteen-year-old Pales- tinians from the Israeli-occupied Gaza Strip boarded a commuter bus headed south from Tel Aviv toward the coastal city of Ashkelon. About thirty-five Israelis were aboard. Shortly after boarding, the Arabs pulled knives and grenades and ordered the driver to continue past his destination and toward the Gaza Strip, saying they intended to take the bus from Gaza across the border into Egypt and from there negotiate the release of 500 Palestinians held in Israeli prisons. -
The Israeli Colonization Activities in the Occupied Palestinian Territory During the 3Rd Quarter of 2017 (July- September) / 2017
Applied Research Institute - Jerusalem (ARIJ) & Land Research Center – Jerusalem (LRC) [email protected] | http://www.arij.org [email protected] | http://www.lrcj.org The Israeli Colonization Activities in the occupied Palestinian Territory during the 3rd Quarter of 2017 (July- September) / 2017 July to September 2017 The Quarterly report highlights the This presentation is prepared as part of the project entitled chronology of events concerning the “Addressing the Geopolitical Israeli Violations in the West Bank and the Changes in the Occupied Gaza Strip, the confiscation and razing of Palestinian Territory”, which lands, the uprooting and destruction of fruit is financially supported by the trees, the expansion of settlements and EU and SDC. However, the erection of outposts, the brutality of the contents of this presentation Israeli Occupation Army, the Israeli settlers are the sole responsibility of violence against Palestinian civilians and ARIJ and do not necessarily properties, the erection of checkpoints, the reflect those of the donors construction of the Israeli segregation wall and the issuance of military orders for the various Israeli purposes. 1 Applied Research Institute - Jerusalem (ARIJ) & Land Research Center – Jerusalem (LRC) [email protected] | http://www.arij.org [email protected] | http://www.lrcj.org Map 1: The Israeli Segregation Plan in the occupied Palestinian Territory 2 Applied Research Institute - Jerusalem (ARIJ) & Land Research Center – Jerusalem (LRC) [email protected] | http://www.arij.org [email protected] | http://www.lrcj.org Bethlehem Governorate (July 2017 - September 2017) Israeli Violations in Bethlehem Governorate during the Month of July 2017 • Israeli Occupation Army (IOA) assaulted and injured two Palestinian journalists; Raid Sharif and Radi Karama, while they were reporting the Israeli violations near Mazmoriya military checkpoint, east of Bethlehem city. -
Judges' Work in International Judicial Education
\\jciprod01\productn\C\CIN\49-3\CIN303.txt unknown Seq: 1 13-APR-17 15:44 From the Court to the Classroom: Judges’ Work in International Judicial Education Toby S. Goldbach† This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and develop- ment projects. Judicial education programs address everything from lead- ership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects prima- rily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organiza- tion of Judicial Training. Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. -
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 -
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. -
Alliance in Crisis
ALLIANCE IN CRISIS: Israel’s Standing in the World and the Question of Isolation Research and Writing Assaf Sharon Shivi Greenfield Mikhael Manekin Oded Naaman Jesse Rothman Dahlia Shaham Design: Yosef Bercovich Design: Yosef Alliance in Crisis _ 2 Executive Summary Israel's international standing has been the focus of attention for many years. Is Israel moving towards international isolation? Can one quantify the effects of the widely discussed boycotts on Israel's economy? What can be done to put an end to Israel's rapidly deteriorating relations with the US and Europe? These are questions that rightly occupy the thoughts of many Israelis as well as the country's leadership. Yet despite the issues’ importance, the conversation on Israel's foreign relations lacks depth and is often based on slogans rather than empirical data. The discussion oscillates between apocalyptic warnings on the one hand, and dangerous complacency on the other. This report analyzes Israel's international relations with the goal of arriving at a clear understanding of Israel's current status in the world, and aims to identify the specific threats and opportunities it faces. It focuses on the three arenas of diplomacy, economics, and culture. The principle findings are as follows: Israel's international standing is an unprecedented success story. Since Israel's establishment, every head of state has understood the importance of ties with the US and Europe, especially given Israel's regional political isolation. The world has shown that it is interested in close ties with Israel. Israel’s central role in the international community in a variety of fields – from science and culture to security and diplomacy – is a remarkable accomplishment. -
Master of the Science of Law
TO CONCUR, OR NOT TO CONCUR: THAT IS THE QUESTION: THEORETICAL AND PRACTICAL QUESTIONS REGARDING THE JUDICIAL INDEPENDENCE OF JUDGES APPOINTED TEMPORARILY TO THE ISRAELI SUPREME COURT A THESIS SUBMITTED TO THE STANFORD PROGRAM IN INTERNATIONAL LEGAL STUDIES AT THE STANFORD LAW SCHOOL, STANFORD UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF THE SCIENCE OF LAW By Binyamin Blum © May 2006 Please do not cite without permission of author ABSTRACT In many democratic societies, judicial tenure is perceived to be an important safeguard for the judiciary’s independence. In Israel, although judicial tenure is secured under Basic Law: The Judiciary, the promotion of judges from Israel’s District Courts to the Supreme Court is usually preceded by a temporary appointment. In practice, this temporary appointment serves as a “probationary period” after which the judges are considered for the permanent position of Associate Justice. One of the important implications of this promotion system is that while serving on Israel’s highest court, temporarily appointed judges continue to depend on external forces to retain their offices. Therefore, I argue that from a theoretical standpoint, temporary appointments pose a substantial threat to the judicial independence of individual judges. Because of the significant role played by Supreme Court Justices in the appointment process, I identify the threat to judicial independence as primarily originating within the judiciary, rather than from other branches of government. The major objective of this study is to examine the degree to which the theoretical threat to internal judicial independence can be seen to materialize in the Israeli Supreme Court example. -
Fall 2009 No
Fall 2009 No. 322 Ahuzat Yeladim Celebrating 70 years WIZO’s Day Care Centers Shana Caring for the Environment Latin American Congress Tova Successes and Challenges Women’s International Zionist Organization for an Improved Israeli Society You Are WIZO’s Future… Let’s Get Together! WIZO Aviv International Seminar November 15 – 19, 2009, Tel Aviv, Israel Come join young WIZO members from 50 federations worldwide! Participate in workshops on: Membership Recruitment, Organization, and Fundraising Hear top-level speakers on: Israel Today Women’s Leadership Jewish Education Visit WIZO Projects Tour Jerusalem Leadership Training For young WIZO members up to age 45 YOU BRING A SUITCASE - WE’LL PROVIDE THE REST For further information and registration, contact the head office of your local WIZO Federation subject Editor: Ingrid Rockberger Fall 2009 No. 322 www.wizo.org Assistant Editor: Tricia Schwitzer Editorial Board: Helena Glaser, Tova Ben Dov, Yochy Feller, Zipi Amiri, Esther Mor, Sylvie Pelossof, Briana Simon Rebecca Sieff WIZO Center, Graphic Design: StudioMooza.com 38 David Hamelech Blvd., Photos: Lilach Bar Zion, Allon Borkovski, Israel Sun, Tel Aviv, Israel Sharna Kingsley, Mydas Photography, John Rifkin, Tel: 03-6923805 Fax: 03-6923801 Ingrid Rockberger, Ulrike Schuettler, Yuval Tebol Internet: www.wizo.org Published by World WIZO Publicity and E-mail: [email protected] Communications Department Cover photo: Children in WIZO’s Bruce and Ruth Rappaport reinforced day care center in Sderot celebrate the New Year. Contents 04 President’s