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The Purse and the SwordThe Trials of Israel's Legal Revolution$
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Daniel Friedmann

Print publication date: 2016

Print ISBN-13: 9780190278502

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780190278502.001.0001

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The Supreme Court and the Fight against Terror

The Supreme Court and the Fight against Terror

Chapter:
(p.175) 20 The Supreme Court and the Fight against Terror
Source:
The Purse and the Sword
Author(s):

Daniel Friedmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190278502.003.0020

This chapter looks at the ways in which the Supreme Court has intervened in the fight against terrorism, dealing with such topics as targeted killings, the demolition of terrorists’ houses and measures taken in the war against the Hamas terrorist regime in Gaza Strip. In the past the court refrained from intervening in cases relating to security; it now takes a radically different approach. The self-confidence Aharon Barak displayed in expanding the court’s powers in all areas was also displayed in this area. His working assumption was that security was no different from any other subject. The court had the power to exercise its discretion in every field, to examine whether decisions and actions made by the government and military were reasonable, and ostensibly to “balance” security needs with other interests, just as it did in every other area.

Keywords:   Aharon Barak, Israeli Supreme Court, terrorism, national security, court intervention, Israeli military, targeted killings, emergency regulations, international law, judicial review

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