Judicial Review of the Detention Conditions of Suspected Terrorists Center for Defense of the Individual v. IDF Commander in the West Bank and Yassin v. Commander of Kziot Military Camp

Israel Law Review

Volumn 36, Issue 2, 2002, Pages 159-171

  Dahan, Leora ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 85011526515     PISSN: 00212237     EISSN: 20479336     Source Type: Journal    
DOI: 10.1017/S002122370001236X     Document Type: Article

References (34)

1. H.C.J. 3278/02, Center for Defense of the Individual v. IDF Commander in the West Bank, 57(1) P.D. 385.
2. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, 57 (1) P.D. 403.
3. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 389.
4. David Kretzmer, The Occupation of Justice - The Supreme Court of Israel and the Occupied Territories (N.Y., State University of New York Press, 2002) 19.
5. “In the first reported decision dealing with the legality of actions taken by the military authorities in the Occupied Territories, the Christian Society case, [H.C.J. 337/71 Christian Society for the Holy Places v. Minister of Defense, 26(1) P.D. 574] the jurisdiction question was not even mentioned by the Court.” - Kretzmer, The Occupation of Justice - The Supreme Court of Israel and the Occupied Territories 20.
6. Opinion of Justice Landau in Khelou v. Government of Israel, 27(2) P.D. 169, 176.
7. Ja'amait Ascan v. IDF Commander in Judea and Samaria, 37(4) P.D. 785, 809.
8. Kretzmer, The Occupation of Justice - The Supreme Court of Israel and the Occupied Territories, at 20-21.
9. H.C.J 7015/02 Ajuri v. IDF Commander in Judea and Samaria, 56(6) P.D. 352.
10. H.C.J 3114/02 Barake v. Minister of Defense, 56(3) P.D. 11.
11. H.C.J 8990/02 Physicians for Human Rights v. OC Southern Command, 57(4) P.D. 193.
12. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 390.
13. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 385.
14. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 393-394.
15. H.C. J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 395.
16. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, at 410-412.
17. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, 410.
18. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 401.
19. H.C.J. 221/80 Darvish v. The Prison Service, 35(1) P.D. 536.
20. H.C.J. 253/88 Sajadia v. Minister of Defense, 42(3) P.D. 801.
21. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 401.
22. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, at 417.
23. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 397.
24. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, at 410.
25. “Operation Defensive Shield was planned in advance. One of its goals was to arrest as many suspected terrorists as possible. As such, the need for minimal detention conditions was an inherent requirement of the goals of the operation. There was no surprise in the matter. There existed the possibility of preparing an area with suitable detention conditions. What was done in a number of days after the beginning of the operation should have been done before its start.” H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 399.
26. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, at 415.
27. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 400-401.
28. H.C.J. 5591/02, Yassin v. Commander of Kziot Military Camp, at 415.
29. H.C.J 3728/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 400-401.
30. Yoav Dotan, “Judicial Rhetoric, Government Lawyers, and Human Rights: The Case of the Israeli High Court of Justice During the Intifada”, (1999) 33 (2) Law and Society Review 319, at 325.
31. H.C.J 680/88 Shnitzer v. Military Censor, 42(4) P.D. 617.
32. Dotan, Shnitzer v. Military Censor, 324-326.
33. H.C.J. 253/88, Darvish v. The Prison Service, at 825.
34. H.C.J. 3278/02, Center for Defense of the Individual v. IDF Commander in the West Bank, at 401-402.