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Judgments of the Israel supreme court : fighting terrorism within the law

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  • Ddc:340
  • Law


Judgments of the Israel Supreme Court: Fighting Terrorism within the Law Contents Introduction 5 The Supreme Court and the Problem of Terrorism 9 by Aharon Barak, President of the Israel Supreme Court The GSS's Methods of Interrogation 23 HCJ 5100/94 Public Committee Against Torture in Israel 25 v. The State of Israel House Demolitions 59 HCJ 2006/97 Janimat v. OC Central Command 61 Warfare and Humanitarian Matters 66 HCJ 2936/02 Physicians for Human Rights v. The Commander of 68 IDF Forces in the West Bank HCJ 3114/02 Barakeh v. The Minister of Defense 71 HCJ 3451/02 Almandi v. The Minister of Defense 78 Detention 86 HCJ 3278/02 The Center for the Defense of the Individual 90 v. The Commander of IDF Forces in the West Bank HCJ 3239/02 Marab v. The Commander of IDF Forces 108 in the West Bank Assigned Residence 142 HCJ 7015/02 Ajuri v. The Commander of IDF Forces 144 in the West Bank Recent Important Judgments: IDF Operations in Rafah; 179 Israel's Security Fence HCJ 4764/04 Physicians for Human Rights v. The Commander of 182 IDF Forces in the Gaza Strip [The Rafah Case] HCJ 2056/04 Beit Sourik Village Council v. The Government 208 of Israel [The Fence Case] The terrible events of September 11, 2001 highlighted the dangers of terrorism with painful clarity. They sparked a declaration of war on terrorists and the conditions that allow them to flourish. Though the fight against terrorism is not new, it has turned into a proactive international effort without precedent. There exists a consensus on the need to fight terror, but there is still much controversy regarding the best way to conduct this war. This is no surprise since the price of war is high. Fighting against terrorism in an effective manner entails finding the right balance between security and public interests, on one hand, and the need to safeguard human rights and basic freedoms, on the other. This is a very complex process. Unfortunately, this dilemma is not new to the Israeli legal syste

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