Verfassungsblog (Nov 2024)
The Silence of the Israeli Supreme Court Judges - How the Rise of Judicial Power May Lead to a Failure in the Core Judicial Role of Protecting Human Rights
Abstract
The arrest warrants by the ICC for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity are a red card for the Israeli legal system indicating grave doubts whether the Israeli legal system fulfills the complementarity requirement. Paradoxically, an indictment on the Israeli justice system arrives after the Israeli Supreme Court has recently fortified its position. Yet, the more the Court expanded its reach into the political arena, the less it could fulfill its core role of defending basic human rights.
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