50 Supreme Court decisions that were based on justices’ interpretations and opinions, rather than the law

Look at Israel’s High Court of Justice rulings to understand  “judicial reform”

By David Bedein

The time has come to explain “Israel judicial reform”. 

Here are 50 Israel High Court of Justice decisions  based on justices’ interpretations or opinions, rather than any law

Security and terror

The Supreme Court:

1. Set severe limitations on targeted killing of terrorist leaders (2006)
2. Prohibited use of a method saving lives of IDF soldiers known as the “neighbor rule” – i.e. when there is a strong possibility that an armed wanted terrorist lurks behind a door that must be opened, soldiers would have a Palestinian Arab stand in front of them and let the terrorist inside the room know about it so he would not shoot- (2005)
3. Minimized permitted areas to be demolished in terrorist homes and delayed decisions for long periods, making them less effective –( 2016, 2018, 2020, 2020 etc).
4. Heard suits brought by terrorists who are citizens of enemy states-(Dirani, 2011)
5. Limited IDF activity while fighting was taking place and set guidelines for IDF officers – (Church of the Nativity 2002, Rafiah 2004}
6. Cancelled the Interior Minister’s decision to void residence permits for Palestinian Parliament members who are Hamas delegates –(2017)
7. Ordered granting National Insurance payments to terrorists whose citizenship was cancelled –(2022)
8. Refused to allow Israel to keep bodies of killed terrorists as bargaining points for the return of IDF soldier’s bodies (2017 – rescinded 2019!)
9. Struck down the law denying monthly child benefits for a terrorist who is a minor – (2021)
10. Interfered in IDF security considerations for marking the location of the separation fence – (2004)

Immigration

The Supreme Court:

11. Blocked the government policy for protecting elderly residents of south Tel Aviv terrorized by lawless illegal employment-seeking infiltrators from African countries who moved into the neighborhood en masse – by invalidating three different laws meant to prevent illegal infiltration-(2013 2014, 2015).
12. Blocked the government plan for relocating infiltrators to another African country –(2017)
13. Invalidated the “collateral law” meant to encourage infiltrators return to their native country – (2020)
14. Invalidated the Interior minister’s decision to limit the number of non-Jewish Ukrainian refugees allowed into Israel –(2022)
15. Determined the status of female infiltrators as refugees based on a hypothetical possibility that they might undergo circumcision in their country of birth – (2020)
16. Eased the process for residency permits in Israel for Gazan Palestinian Arabs- (2017).

Zionism:

The Supreme Court:

17. Interpreted the Nation State Law, the Basic Law defining Israel as the nation-state of the Jewish People, so that it cannot have any effect on national policy –(2021)
18. Forced the Education Ministry to award the Israel Prize to a BDS supporter despite the ministry’s decision not to do so – (2022)
19. Struck down the Interior Minister’s decision to prevent entry to Israel of a BDS activist –(2018)
20. Struck down the Film Critics Council decision to forbid the screening of “Jenin Jenin” – a mendacious slanderous film that accused IDF soldiers of a massacre in Jenin, when the truth was that 11 IDF soldiers paid with their lives for the decision not to bomb the city (after warning its residents to leave), thus exposing them to snipers in house to house fighting.
21. Struck down the Knesset Elections Committee decision to prohibit those who openly support terror from running for Knesset – (Zakhalka 2002, Yazbak 2020)
22. Struck down the Defense Minister’s decision to forbid terrorist families from Judea and Samaria to attend a ceremony organized by the left for bereaved Jewish and Arab families whose sons were terrorists -(2018, 2023)
23. Ordered signs in Arabic in areas without Arab residents –(2002)
24. Struck down suits brought to the court against illegal building of mosques on the Temple Mount (Solomon’s Stables 2004, Mercy Gate, 2020)
25. Struck down suits brought to request partial or full freedom of worship for Jews on the Temple Mount – (2006 2021)
26. Nullified the effectiveness of the law against boycotts of firms/businesses by BDS organizations by adding that fines can only be applied if damage to the business can be proven – an almost impossible demand due to all the factors involved in business gains and losses –(2015)

Land and settlement

The Supreme Court:

27. Cancelled the long-existing policy allowing the establishment of villages that accept only Jews –(Katsir vs. Kaen 2000)
28. Struck down the “Regulating Law” intended to regulate the status of homes built in Judea and Samaria on land whose ownership was contested after the homes were built, by paying claimants for it. Jewish homes were destroyed even though there was no way Arabs could use the land they claimed title to as it was located in the middle of existing communities and it was to the claimant’s advantage to be paid for it- (Ofra 2014, Netiv Haavot 2016).
29. Discriminated against Israelis in outposts by ordering them destroyed without proofs of Arab claimants’ ownership – (Amona 2006, 2016, Migron 2011).
30. Expelled Jewish residents of Beit Ezra in Hevron against the wishes of the owners and the opinion of the Appeals Committee – (2012)
31. Upheld the status of the illegal settlements of Negev Bedouin – (Adalah 1997, Abu Efash 2000, Abu Mis’ad 2006′ Adala 2016)
32. Upheld the racist PA law against selling land to Jews in Judea and Samaria (punishable by death) – (2022)

The Economy

The Supreme Court:

33. Blocked the government plan for solving the housing crisis
34. Interfered in interpretations of contracts in contradicton to the wording of those contracts –(Apropim 1995)
35. Interfered in the government’s plan for developing the offshore gas fields damaging Israel’s credibility in financial agreements. (2016)

Religion, state and family

The Supreme Court

36. Forbade hospital administrators to keep chametz out of hospitals on Pesach – (2022, rescinded in 2023).
37. Allowed and upheld opening businesses on Shabbat in Tel Aviv –(2017).
38. Forced a husband divorcing an unfaithful wife to share property that was proved to be his alone with the unfaithful spouse –(2021).
39. Forced changing the law so that same sex partners can arrange surrogate pregnancies in Israel –(2020)
40. Encouraged fining Channel 20 (now Channel 14) for not featuring members of the Reform Movement (not officially recognized in Israel) in broadcasts – (2017).
41. Accepted the suit to allow pornographic broadcasts – (2004).
42. Prevented the haredi sector from having cultural events with separate seating for men and women although that is their halakhic position – (2019)

Political skewing

The Supreme Court:

43. Struck down the Knesset’s Arutz Sheva Law that allowed the broadcasts of the only right wing radio station at the time –(2002).
44. Interfered with MK Yuri Edelstein (Likud) serving as Knesset Speaker although this is against the Knesset’s bylaws –(2020).

Interim governments – inconsistency in rulings

The Supreme Court:

45. Prevented the Internal Security Minister from evacuating the Orient House during an interim government –(1999)
46. Struck down the suit against holding Taba negotiations during the period of a small interim government-(2001))
47. Struck down the suits against concluding an agreement on maritime borders with Lebanon during an interim government – the agreements were not brought to the Knesset – (2022)
48. Created a doctrine to allow striking down Basic Laws –
49. Prevented a Jewish member of Knesset, Michael Ben-Ari from running for the Knesset while permitting the Balad Arab party to run in contradiction to the decision of the Israel Elections Committee –(2019)
50. Backed the Supreme Court Chief Justice’s decision to boycott the national ceremony celebrating 50 years of settlement in Judea and Samaria – (2017)

The research for this list was done by Dr. Assaf Malach  founding director of the Jewish Statesmanship Center in Jerusalem and served former director of the Committee for Citizenship Studies at the Israe  Ministry of Education 1915-2022.

The translation of this list was done by Rochel Sylvetsky who  made aliya in 1971,and  served as Chairperson of Emunah Israel