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55-478: The Worshippers route has been given numerous names and variants of names, such as "Worshipper's Way", "Worshipers' Way", "Worshippers' Path", etcetera. Before the Israeli High Court the route was called "prayers' path" and "Worshippers' Way". An alley which parallels the western part of the route, and used by settlers on foot, is called by them Simtat Erez. Kiryat Arba is an Israeli settlement at

110-577: A closed military zone. In February 2003, the High Court prohibited the demolition of the 22 houses from to the Mamluk-Ottoman period. According to UNESCO, eventually three of them were destroyed and eleven others damaged. In its decision of 4 March 2004, the High Court stipulated that praying in the Tomb was part of the constitutional right to freedom of religion and worship for the residents of

165-495: A guarantee that they would be stationed according to their wishes, within the borders of Israel, as long as refusal was an isolated phenomenon. Now [1980] policy has changed. What had once been sporadic instances of refusal with which the IDF was prepared to live, has changed in character and become an organized protest whose aim is to turn the IDF - the national army, necessarily disengaged from any political or ideological arguments - into

220-635: A judge, or is removed from office. As of October 2024 , the Supreme Court judges are: Yitzhak Amit (1958, Israel) Noam Sohlberg (1962, Israel) Daphne Barak-Erez (1965, United States ) David Mintz (1959, UK ) Yosef Elron (1955, Israel) Yael Willner (1959, Israel) Ofer Grosskopf (1969, Israel) Alex Stein (1957, USSR , now Moldova ) (1958, Israel) (1958, Israel) (1962, Israel) (1961, Israel) Keren Azulay and Lior Mishaly Shlomai serve as

275-470: A judgment or decision of the Magistrates’ Courts. The Supreme Court sits as a panel of five Judges or more in a rehearing on a matter in which the Supreme Court sat with a panel of three Judges. The Supreme Court may sit as a panel of a larger uneven number of Judges than three in matters that involve fundamental legal questions and constitutional issues of particular importance. In a case on which

330-510: A minimum of five years practicing law in Israel. These requirements may be waived for a person recognized as an "eminent jurist", although this special category has only been used once for an appointment. The three organs of state—the legislative, executive, and judicial branches of government—as well as the bar association are represented in the Judges' Nominations Committee. Thus, the shaping of

385-460: A number of activities are begun. These groups send emails, letters and phone calls to the refusenik's family and to the jail where the individual is held, to extend personal support; the adoption group exerts political pressure on Israel by protesting the imprisonment to the nearest Israeli diplomatic mission, while conducting related activities within its own community. The adoption group also customarily offers material assistance, raising funds to help

440-402: A petition (HCJ 10497/02) at the High Court against the sequestration. Another petition (HCJ 10356/02) was issued by Israeli conscientious objectors of Yesh Gvul . Following the petitions and remarks of the court, the plan was adapted; the width of the promenade would be smaller, and only 3 of the 13 houses demolished. The houses were already abandoned for years after the army had declared the area

495-549: A relatively mild sentence, as the maximum penalty could have been six years, three for each of the charges. Keller was an active member of Yesh Gvul, but he said that he had acted independently without consulting anybody else. The organization did not take responsibility for his act, but it provided his wife with the financial support it has customarily given to families of refusers. Yesh Gvul has three chief areas of activity: providing personal support (including financial) for each "refusenik"; conducting activities to achieve an end to

550-596: A road directly connecting the southern gate of Kiryat Arba with the Cave. One day after the 2002 Hebron ambush, Zvi Katzover, the Mayor of Kiryat Arba, called on the government to "clean up the area" between Kiryat Arba and the Tomb of the Patriarchs and to destroy the hundreds of Palestinian homes along this short stretch of road. The next day, Prime Minister Ariel Sharon said that the opportunity that now presents itself in

605-465: A ruling of the Court justifies such hearing. The Supreme Court, both as an appellate court and the High Court of Justice, is normally constituted of a panel of three Judges. A single Supreme Court Judge may rule on interim orders, temporary orders or petitions for an order nisi , and on appeals on interim rulings of District Courts, or on judgments given by a single District Court judge on appeal, and on

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660-667: A searchable online database at Versa . They can also be found on the Court's own site and have been published in hard copy in annual volumes by William S. Hein & Co. as the Israel Law Reports . In addition, the Israel Ministry of Foreign Affairs, in cooperation with the Court, has published three volumes of English translations of selected decisions entitled Judgments of the Israel Supreme Court: Fighting Terrorism within

715-437: A “further hearing” on its own judgment. In a matter on which the Supreme Court has ruled, whether as a court of appeals or as the High Court of Justice, with a panel of three or more Judges, it may rule at a further hearing with a panel of a larger number of Judges. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of

770-413: Is illegal under international law . While international law forbids to destroy or seize the enemy's property if not necessary for imperative operational military needs, the state argued that the expanded road was needed for the safety of the settlers; the state itself, however, was party to the illegal presence of the settlers. HaMoked blamed the Court for accepting, without a "second guess", the state's and

825-584: Is a lead opinion for the majority, but there is no "opinion of the Court" as such. Each participating Judge will either note that she or he concurs in the lead opinion (and possibly another opinion as well) or write a separate concurrence. It is not unusual for most or all of the participating Judges to write separately, even when they agree as to the outcome. The Court's opinions are available in Hebrew on its own website and from Nevo . A relatively small subset has been translated into English. These are available in

880-569: Is a limit", as "There is a border", or as "Enough is enough") is an Israeli movement founded in 1982 at the outbreak of the Lebanon War , by combat veterans who refused to serve in Lebanon . Yesh Gvul's campaign of selective refusal is credited with contributing to the Israeli government's decision to withdraw from south Lebanon. Members of Yesh Gvul have also opposed military service in

935-592: Is determined by a resolution of the Knesset. Currently, there are 13 Supreme Court Judges with 2 vacant places. At the head of the Supreme Court and at the head of the judicial system as a whole is the President of the Supreme Court, and the Deputy President. A judge serves until reaching 70 years of age, or the judge resigns, dies, is appointed to a position which is disqualifying from continued service as

990-603: Is the highest court in Israel . It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction . The Supreme Court consists of 15 judges appointed by the President of Israel , upon nomination by the Judicial Selection Committee . Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. Yitzhak Amit became

1045-574: The Minister of Justice ), two Knesset members, and two representatives of the Israel Bar Association . Appointing Supreme Court Judges requires a majority of 7 of the 9 committee members, or two less than the number present at the meeting. All candidates for appointment to the Supreme Court must have a minimum of five years of experience as a district court judge or otherwise at least ten years of professional legal experience including

1100-590: The Occupied Territories . Their slogan in 2014 was: "We don't shoot, we don't cry, and we don't serve in the occupied territories!" Members of Yesh Gvul perform military duty on a selective basis, dependent upon the nature and location of service. As such "selective refusal" is a form of " civil disobedience " (modelled on methods pioneered by Mahatma Gandhi in India), the combat veterans are subject to military and civil charges. From 1971 till 1979,

1155-789: The Waqf , all located in the area between Kiryat Arba and the Mosque. On 10 August, the Israeli Army demolished the houses, dating back to the Ottoman and Mamluk periods. In 2004, settlers built a cement path in the Wadi al Hussein (Wadi a-Nasara) from the southwestern entrance of Kiryat Arba to the Worshippers Way, called "Dana Way". Initially, the State ordered the IDF to remove the path, but

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1210-615: The ″relative impingement upon property rights of the property owners along the route, which was limited to a minimum″ justified the expropriation of the Palestinian lands. After the High Court decision, on 7 May 2004, the IDF ordered the demolition of 11 houses in the Wadi Al-Nassara and Haret Jaber neighborhoods, and the confiscation of 700 square meters of Palestinian land close to the Ibrahimi Mosque belonging to

1265-476: The Bar Association. As the High Court of Justice ( Hebrew : בית משפט גבוה לצדק , Beit Mishpat Gavo'ah LeTzedek ; also known as its acronym Bagatz , בג"ץ), the Supreme Court rules on matters within its original jurisdiction , primarily regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under

1320-580: The Court Magistrate Judges (or "Registrars"). Below is a list of presidents of the Supreme Court. As an appellate court , the Supreme Court considers cases on appeal (criminal, civil, and military ) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of

1375-420: The IDF ignored the orders. When the Palestinian land owners went to the Israeli High Court (HCJ) in 2007, the State first declared that the path would be demolished, but later said it was needed for military reasons. The IDF declared that it was a military security road, with a secondary use by worshippers as a pedestrian path. In May 2010, the land owners received a land seizure order , which in effect legalized

1430-497: The IDF posted warrants to seize and demolish 15 Palestinian properties, with the plan to widen the road. On 8 December 2002, the IDF started the expansion of the road with a large truck and bulldozers, while a work stoppage order, issued by the High Court, ordered not to demolish Palestinian buildings adjacent to areas planned for the new promenade. On 11 December 2002, the Municipality of Hebron and Palestinian landowners issued

1485-578: The Law . These are part of the Versa database and also can be found online at the MFA's website . In the 1980s and the 1990s, the Supreme Court established its role as a protector of human rights, intervening to secure freedom of speech and freedom to demonstrate, reduce military censorship, limit the use of certain military methods and promote equality between various sectors of the population. However critics question

1540-566: The Ministry of Defense pragmatically allowed such selective objectors, when drafted, to serve within the "green line" separating Israel from the occupied territories. Yesh Gvul has been classified as one of numerous Israeli organization related to the radical left. In the late 20th century, as objectors to military service in certain locations became more numerous, the Israeli military was less willing to provide them with service in alternative assignments. "Army authorities had given objectors

1595-558: The President of the Supreme Court sits, the President is the Presiding Judge; in a case on which the Deputy President sits and the President does not sit, the Deputy President is the Presiding Judge; in any other case, the Judge with the greatest length of service is the Presiding Judge. The length of service, for this purpose, is calculated from the date of the appointment of the Judge to the Supreme Court. A special power, unique to

1650-448: The Supreme Court, is the power to order a retrial on a criminal matter in which the defendant has been convicted by a final judgment . A ruling to hold a retrial may be made where the Court finds that evidence provided in the case was based upon lies or was forged; where new facts or evidence are discovered that are likely to alter the decision in the case in favor of the accused; where another has meanwhile been convicted of carrying out

1705-568: The Supreme Court—with the agreement of seven of its nine members. The following are qualified to be appointed Judge of the Supreme Court: a person who has held office as a judge of a District Court for a period of five years, or a person who is inscribed, or entitled to be inscribed, in the roll of advocates, and has for not less than ten years –continuously or intermittently, and of which five years at least in Israel – been engaged in

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1760-837: The acting President of the Supreme Court of Israel on 1 October 2024 after Vogelman stepped down, until a permanent president is appointed by the Judicial Selection Committee, which may take place sometime in November. The Court is situated in Jerusalem 's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset . When ruling as the High Court of Justice ( Hebrew : בֵּית מִשְׁפָּט גָּבוֹהַּ לְצֶדֶק , Beit Mishpat Gavo'ah LeTzedek ; also known as its acronym Bagatz , בג"ץ),

1815-408: The already existing dirt road . On 1 February 2012, the High Court ruled on a petition against the 2010 land seizure order and approved the path, based on security reasons, as a more secure alternative to Worshippers Way. Human rights organization HaMoked criticized the role of the High Court as supporting the Israeli state in institutionalizing the presence of the settlers in the territory, which

1870-436: The ancient Karaite and Sephardi cemeteries. Housing and Construction Minister Natan Sharansky supported the plan to link the settlements and build settlement contiguity. Tourism Minister Yitzhak Levy ordered his ministry to speed up its preparations for a "tourism promenade" between Kiryat Arba and the Tomb of the Patriarchs. The plan envisioned a Jewish settlers–only promenade consisting of an open promenade in an area that

1925-400: The area. It even stated that ″The freedom of religion is a constitutional basic right of the individual, of a status even higher than other constitutional human rights″ . The Court decided that the right to freedom of religion and worship for the settlers of Kiryat Arba, including a safe route to the Tomb, prevailed over the right to private property for the Palestinian landowners. It found that

1980-583: The army's assertion that the road was not meant to create Jewish territorial contiguity, but was based purely on security considerations and was meant to protect the lives of the worshippers using the road. 31°31′29″N 35°06′54″E  /  31.5248°N 35.1151°E  / 31.5248; 35.1151 Israeli High Court The Supreme Court of Israel ( Hebrew : בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן , romanized :  Bet HaMishpat HaElyon , Hebrew acronym Bagatz ; Arabic : المحكمة العليا , romanized :  al-Maḥkama al-‘Ulyā )

2035-545: The battleground for a kind of confrontation which the army cannot be associated with." - Proceedings of the Supreme Court, 24 September 1980; cited in Peri (1993). In an Israeli military court martial of April-May 1998, which drew considerable public attention, Reserve Corporal Adam Keller was charged with "Insubordination" and "Spreading of Propaganda Harmful to Military Discipline". While on active military duty, he had written graffiti on 117 tanks and other military vehicles, with

2090-474: The court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court may review actions by state authorities outside of Israel. By the principle of binding precedent ( stare decisis ), Supreme Court rulings are binding upon every other court, except itself. Over

2145-416: The following text: "Soldiers of the IDF, refuse to be occupiers and oppressors, refuse to serve in the occupied territories!" He also had placed stickers on electricity pylons in the military camp where he was serving - and on the inside of doors of the stalls in the officers' toilet - with the slogan "Down with the occupation!". Keller was convicted and sentenced to three months imprisonment - considered

2200-530: The judicial body, through the manner of judicial appointment, is carried out by all the authorities together. Supreme Court Judges cannot be removed from office except by a decision of the Court of Discipline, consisting of judges appointed by the President of the Supreme Court, or upon a decision of the Judicial Selection Committee—at the proposal of the Minister of Justice or the President of

2255-622: The law, and direct challenges to the constitutionality of laws enacted by the Knesset. The Israeli Defense Forces are also subject to the HCJ's judicial review. The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. The High Court of Justice grants relief through orders such as injunction , mandamus and Habeas Corpus , as well as through declaratory judgments . The Supreme Court can also sit at

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2310-461: The occupation; and undertaking a broad campaign of public education for social change within Israeli society. It identifies its main role as "backing soldiers who refuse duties of a repressive or aggressive nature" by giving them both moral and financial assistance. Over the years, Yesh Gvul have created an effective support system for jailed refuseniks by having human rights groups outside Israel "adopt" them. When Yesh Gvul alerts support groups,

2365-400: The original promenade plan, 22 buildings of architectural and historical value, dating back to the Mamluk-Ottoman period would be demolished in the old town of Hebron "for military needs". A 730 meters long and 6 to 12 meters wide corridor was planned on 8.2 dunams of expropriated land, about a quarter of which in the old town of Hebron. According to the High Court, the total width of the alley

2420-689: The outskirts of Hebron, just outside the eastern municipality border. It is located close to the Cave of the Patriarchs , and six Jewish settlements south of the Old City of Hebron. Kiryat Arba has more than 7,500 residents, while the settlements in Hebron as of 2005 house some 600 settlers, secured by about 1,500 soldiers. Kiryat Arba was built at the edge of the area which the 1967 Allon Plan envisioned as being annexed to Israel, while Hebron itself would be part of an enclave with Palestinian self-rule. Originally,

2475-474: The plan and ordered his ministry's workers to review the possibility of expropriating lands in the city and using them for Jewish residential purposes. Two weeks after the ambush, on 29 November 2002, the Israel Defense Forces (IDF) issued a sequestration order to seize Palestinian lands and demolish a number of buildings under "Decree Number 61/02/T to Expropriate Property" . Contradictory to

2530-495: The power of the Supreme Court to check future actions of the government. On 1 January 2024 the Supreme Court overturned the bill in an 8-7 decision. Supreme Court Judges are appointed by the President of Israel, from names submitted by the Judicial Selection Committee , which is composed of nine members: three Supreme Court Judges (including the President of the Supreme Court), two cabinet ministers (one of them being

2585-399: The profession of an advocate , served in a judicial capacity or other legal function in the service of the State of Israel or other service as designated in regulations in this regard, or has taught law at a university or a higher school of learning as designated in regulations in this regard. An "eminent jurist" can also be appointed to the Supreme Court. The number of Supreme Court Judges

2640-524: The refusenik's dependants. Yesh Gvul also engages in direct human rights activities, such as petitioning British courts to issue arrest warrants for IDF officers accused of human rights abuses and war crimes . Some 3,000 reservists signed a petition delivered to Prime Minister Menachem Begin and Defense Minister Ariel Sharon , protesting service in the occupied territories. Some of them were court martialed and served time in military prison for refusing to obey orders for military service. Since

2695-556: The role of the court in protecting the human rights of Palestinians in the West Bank and point to double standards in their application. According to a 2017 poll by non-profit organization Israel Democracy Institute , the Supreme Court is the only State institution that the majority of both Jewish (57%) and Arab citizens of Israel (54%) have trust in, marking a slight increase from their 2016 poll. Yesh Gvul Yesh Gvul ( Hebrew : יש גבול , can be translated as "There

2750-448: The same offense and it appears from the circumstances revealed in the trial of that other person that the original party convicted of the offense did not commit it; or, where there is a real concern for miscarriage of justice in the conviction. In practice, a ruling to hold a retrial is very rarely made. The Court announces its judgments through individually signed opinions setting out the result and underlying reasoning. In general, there

2805-618: The settlers used a route running from the northern entrance via Al-Shuhada Street (which was closed to Palestinians) to the Cave of the Patriarchs. This road, connecting all the Jewish locations in Hebron, is known by Israelis as "Tzir Zion Road", or "Route of Zion", and was closed to Palestinian traffic in 2001, after two Israeli settlers were killed. In August 2009, the route was reopened to 80 local Palestinian families. Following an ambush near Kiryat Arba in 2002, in which 12 Israeli soldiers and security guards were killed, Israel wanted to build

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2860-510: The wake of the attack ... must be exploited to establish new facts on the ground. He said that ″a window of opportunity existed in the coming 48 hours to establish a "compact" zone of Jewish territorial contiguity between Kiryat Arba and the Jewish enclave in the heart of Hebron, including the Tomb of the Patriarchs″ . Already in 1996, Sharon had presented a plan for a Jewish zone from Kiryat Arba to Tel Rumeida and Beit Hadassah , including

2915-473: The years, it has ruled on numerous sensitive issues, some of which relate to the Israeli–Palestinian conflict , the rights of Arab citizens , and discrimination between Jewish groups in Israel. On 24 July 2023, the Knesset passed a bill to prevent the Supreme Court from 'consider[ing] the reasonableness of a decision of the government, the prime minister, or any other minister', which would diminish

2970-477: Was not built up, and an "alley promenade" through the southern edge of the old town of Hebron, among ancient buildings with cultural, historical, archaeological and architectural values. The Kiryat Arba Council and the council of settlers in Hebron's Jewish enclave announced a plan to build 1,000 housing units between Kiryat Arba and the Tomb of the Patriarchs, in the area in which the ambush had taken place. Housing and Construction Minister Natan Sharansky supported

3025-513: Was originally planned to amount 8 meters. Thirteen buildings along the south–western part of the route were to be demolished, and a concrete wall was to be built along the north–eastern part of the route. According to the American administration and Israeli sources close to the planning, the aim of the expropriation of the land and the building of the promenade was to create territorial contiguity between Kiryat Arba and Hebron. On 1 December 2002,

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