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: 25 February 2017

(p.246) (p.247) (p.248) (p.249) Appendix B Dates of Principal Rulings Comprising Precedents against the State, in View of the Number of Israelis Injured in Terrorist Attacks 1996–2005 (p.250)

(p.246) (p.247) (p.248) (p.249) Appendix B Dates of Principal Rulings Comprising Precedents against the State, in View of the Number of Israelis Injured in Terrorist Attacks 1996–2005 (p.250)

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

Petition

Subject

Decision

Date petition is lodged

Date decision is given

Duration for which petition is discussed

Was the decision given during a period of decrease in the number of Israelis killed?

HCJ On Torture

Authority of the Shin Bet to use violence in the investigation of “a ticking bomb”

The Supreme Court determines that the Shin Bet does not have the authority to use violence in the course of its investigations

Sept. 18, 1994

Sept. 6, 1999

Five years

Yes

Crim. Further Hearing Jabarin

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

The Supreme Court acquits the accused as it narrowly interprets the Prevention of Terrorism Ordinance

Dec. 2, 1996

Nov. 27, 2009

Four years

Yes, even though the level of violence begins to climb again quite moderately

Crim. Further Hearing Klafei

State’s authority to hold Lebanese residents as “bargaining chips” and the legal status of “unlawful combatants”

The Supreme Court rules that the State has no authority to hold the Lebanese as “bargaining chips”

Nov. 30, 1997

April 12, 2000

Two years and five months

Yes

HCJ Obeid

Visits by Red Cross representatives of Lebanese detainees who were being held as “bargaining chips”

Supreme Court instructs the State to make the arrangements that will allow Red Cross representatives to visit the petitioners

Feb. 8, 1998

Aug. 23, 2001

Three-and-a- half years

No

HCJ Marav

Decision on the matter of “Order 1500”—the order by virtue of which detainees of Operation Defensive Shield were held in administrative detention without access to a lawyer and with limited judicial review

Supreme Court determines that several central provisions of the Order are invalid

April 16, 2002

Feb. 5, 2003

Ten months

Yes

HCJ Neighbor Procedure

Lawfulness of “the Neighbor Procedure”

Supreme Court determines that the Neighbor Procedure is contrary to international law and is far too close to the prohibited practice of “human shields”

May 5, 2002

Oct. 6, 2005

Three-and-a- half years

Yes

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 press personnel

Supreme Court revokes the decision of the Government Press Office

June 30, 2002

April 25, 2004

One year and ten months

Yes

The Jenin Jenin Case

Authority of the censor to ban the screening of the film Jenin Jenin in public theaters

Supreme Court revokes the decision of the censor

January 10, 2003

Nov. 11, 2003

11 months

Yes

HCJ Bishara

Does the statement made by Knesset Member Azmi Bishara pertaining to Hezbollah constitute glorification of terrorism

Supreme Court determines that this statement falls within the confines of substantive immunity given to any Knesset member

Dec. 24, 2003

Feb. 1, 2006

Two years and two months

Yes

HCJ Beit Sourik

Route of the separation barrier

Supreme Court invalidates the route of the separation barrier

Feb. 26, 2004

June 30, 2004

Four months

No