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Court Watch

Israeli Case-Law Under Scrutiny All Articles
The status of West Bank property that belonged to Jews prior to 1948: HCJ 3036/03 ...
Document.aspx?dID=Documents1941
Criticism
The status of West Bank property that belonged to Jews prior to 1948: HCJ 3036/03 Shlomo Valero v...
HCJ 3103/06 Sholomo Valero v. State of Israel concerns the fate of property in Hebron which was allegedly purchased by Moshe Valero, a Jewish man, in 1935. Valero passed away in 1945 and his prope...
Using "security grounds" to legalize illegal settler buil...
Document.aspx?dID=Documents2201
Criticism
Using "security grounds" to legalize illegal settler building: HCJ 4331/10 City of Hebron v. Stat...
When the High Court of Justice reviews the military's conduct in the Occupied Palestinian Territories (OPT), it routinely says that every Israeli soldier carries in his backpack the rules of custo...
Administrative Detention: HCJ 1389/07 IDF Commander in th...
Document.aspx?dID=Documents1052
Criticism
Administrative Detention: HCJ 1389/07 IDF Commander in the Judea and Samaria Area v. Military Cou...
In a brief, laconic judgment, the Supreme Court, sitting as the High Court of Justice (HCJ), approved the administrative detention order issued by the GOC Central Command against a Palestinian resi...
A Sewage Treatment Facility as an Allegory: HCJ 4457/09 Mahmoud Yassin Mana’ v. Mi...
Document.aspx?dID=Documents2184
Criticism
A Sewage Treatment Facility as an Allegory: HCJ 4457/09 Mahmoud Yassin Mana’ v. Minister of Defen...
There is no longer a need to dive into poetry or prose.Reading the judgment and submissions in HCJ 4457/09 Mahmoud Yassin Mana’ v. Minister of Defense et al. reminds us that the metaphoric force of...
Sitting on a gold mine: HCJ 2164/09 Yesh Din v. IDF Comm...
Document.aspx?dID=Documents2181
Criticism
Sitting on a gold mine: HCJ 2164/09 Yesh Din v. IDF Commander in the West Bank et al. (Judgment ...
In 1930, at the age of 61, Mahatma Ghandi led the famed "Salt March". Ghandi walked for about 400 kilometers towards the Indian Ocean shore in order to produce salt using his own hands and a small ...
Role Play: CC (Jerusalem) 8047/99 Badawi v. State of Isra...
Document.aspx?dID=Documents2183
Criticism
Role Play: CC (Jerusalem) 8047/99 Badawi v. State of Israel (judgment dated January 1, 2007)
Normal 0 false false false EN-US X-NONE HE The first Intifada pushed Israeli society into an identity ...
What role does the Israeli judiciary play in the consolidation of the Israeli occupation of the Palestinian Territories?
Does the Israeli court provide legitimacy to the Israeli policy in the OPT and to the acts of the military government?
To what degree does the Israeli court protect the human rights of the Palestinian population under occupation?


In 1967, Israel occupied the Gaza Strip and the West Bank, including East Jerusalem. Since then, for more than 46 years, the Israeli courts have adjudicated claims and petitions filed by Palestinian residents of the OPT over violations of their rights. Thus, the Israeli judiciary effectively took on the role of overseeing the legality of the military government's actions.

Over the years, the courts have considered thousands of petitions, some 3,000 of them filed by HaMoked. These petitions address the measures taken by Israel to control the OPT and manage the life of the protected population – restrictions on freedom of movement, violations of the right to family life, house demolitions, the settlements, the use of administrative detention, torture, and more.

The Court Watch section examines Israeli court decisions on issues relating to the occupation. In the case commentaries, scholars from varied disciplines scrutinize the courts' engagement with these issues from the perspective of international humanitarian and human rights law.


Project Advisory Committee:
Prof. Orna Ben-Naftali, Ms. Dalia Kerstein, Dr. Menachem Klein, Prof. Mordechai Kremnitzer, Prof. Shai Lavi, Prof. Elchanan Reiner, Prof. Yossi Schwartz, Prof. Neta Ziv.

mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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