Jump to ContentJump to Main Navigation
Judicial Review of National Security$

David Scharia

Print publication date: 2014

Print ISBN-13: 9780199393367

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199393367.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). Subscriber: null; date: 21 February 2017

(p.245) Appendix A Judicial Panels in Judgments Where Fundamental Decisions Constituting Precedents against the State Were Given 1996–2005

(p.245) Appendix A Judicial Panels in Judgments Where Fundamental Decisions Constituting Precedents against the State Were Given 1996–2005

Source:
Judicial Review of National Security
Publisher:
Oxford University Press

Petition

Subject

Decision

Judicial Panel

HCJ On Torture

The Shin Bet’s authority to use force in “ticking bomb” investigations

The Court determines that the Shin Bet does not have the legal authority to apply force in its investigations

Extended panel of nine justices headed by the President

Further Criminal Hearing Jabrin

Interpretation of the offense of supporting a terrorist organization determined in section 4 (a) of the Prevention of Terrorism Ordinance

The Accused is acquitted by a narrow interpretation of the Prevention of Terrorism Ordinance

Further hearing in the presence of seven justices headed by the President

Further Criminal Hearing Bargaining Chips

The State’s authority to hold Lebanese residents as bargaining chips

The Court determines that the State does not have authority to detain the Lebanese residents as bargaining chips

Further hearing before nine justices headed by President Barak

HCJ Obeid

Visit by Red Cross representatives with Lebanese detainees who were held as bargaining chips

The Court orders the State to make the arrangements to enable Red Cross representatives to visit the petitioners

Extended panel of five justices headed by President Barak

HCJ Mahmoud

A military commander’s authority to extend the period of administrative detention of a person after a judge decided, on an appeal of the detention order, to curtail that person’s detention

The court determines that as a rule a military commander is not permitted to extend a period of detention after a judge has decided to curtail the period

Ordinary panel—Justice Orr, Justice Zamir and Justice Turkel

HCJ Marab

The decision in HCJ “Order 1500”—the order by virtue of which masses of detainees in Operation Defensive Shield were arrested

The Court determines that several central provisions of the order are invalid

Panel comprises President Barak, Justice Dorner, and Justice Englard

HCJ Beit Surik

Route of the separation barrier

HCJ invalidates the route of the separation barrier and determines a framework for exercising discretion in determining the route

Senior Panel—President Barak, Vice-President Mazza, and Justice M. Cheshin

HCJ Neighbor Procedure

Lawfulness of the Neighbor Procedure according to which before IDF forces break into the home of a wanted person, one of the local inhabitants will be requested to enter the house ask the wanted person to step outside or else the military wll storm the house.

The Court determines that the Neighbor Procedure contradicts international law

Senior Panel—President Barak, Justice Cheshin, and Justice Beinisch

HCJ Sayef v. The Government Press Office

Decision of the Government Press Office that from the beginning of 2002 and on, it will no longer issue press cards to Palestinian members of the press

The Court revokes the council’s decision and orders extension of the validity of the press card of the journalist Sayef and that press cards are to be issued to members of Al Jazeera

Ordinary Panel—Justice Dorner, Justice Rivlin, and Justice Joubran

HCJ Jenin Jenin

The censor’s authority to ban screening the film Jenin Jenin in public

The Court revokes the council decision and permits the film to be screened

Ordinary Panel—Justice Dorner, Justice Procaccia, and Justice Gronis

Rafiah Case

The decision in HCJ Fighting in Rafiah—and deliberation of the question whether the military fulfills various humanitarian duties imposed on it by humanitarian international law during the military actions conducted in Rafiah

The Court determines that military forces are violating many provisions of international law and were not properly prepared for combat ahead of time

Panel consists of President Barak, Justice Turkel, and Justice Beinisch

HCJ Mar’avah

The decision pertains to the lawfulness of the separation barrier following the decision of the International Court of Justice at The Hague

The Court invalidates significant sections of the proposed route of the separation barrier

Nine justices headed by the President

HCJ Bishara

Do statements of Knesset Member Azmi Bishara, which identify with Hizballah, constitute glorification of terrorism (Apologie du terrorisme) terrorism?

The Court determines that these statements fall within the confines of the essential immunity granted to Knesset members within the framework of fulfilling their duties

Panel of Justices—Justice Barak, Justice Rivlin, and Justice Hayuth