Archiv: Judikative / Justiz / Systeme / judiciary / justice / systems


09.05.2024 - 00:00 [ Common Dreams ]

Anti-Genocide Students Are Fulfilling Their Duty to Prevent War Crimes; Will You?

In a world order in which the Great Powers and many lesser ones are turning to war and genocide, popular enforcement of international law is one of the few means for protecting ourselves and the world against a cataclysmic plunge into unlimited military destruction.

By virtue of the U.S. Constitution, international law and international treaties are explicitly a part of U.S. law. U.S. Supreme Court Justice and Nuremberg prosecutor Robert Jackson stated, “The very essence of the Nuremberg Charter is that individuals have international duties which transcend national obligations of obedience imposed by the individual state.” So, obligations under international law are also obligations under U.S. law.

08.04.2024 - 18:59 [ law.Yale.edu ]

Declaration of Israel‘s Independence 1948

WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948, the People‘s Council shall act as a Provisional Council of State, and its executive organ, the People‘s Administration, shall be the Provisional Government of the Jewish State, to be called „Israel“.

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

23.01.2024 - 15:00 [ Ynetnews.com ]

World Court to decide on ‚provisional measures‘ to stop Gaza war in coming days

Less than two weeks after the opening of hearings at the International Court of Justice in The Hague, as part of a petition lodged by South Africa against Israel for alleged „genocide“ in the Gaza Strip, the court is anticipated to deliver in the coming days a ruling on the petitioner‘s request for a provisional order to halt the war.

20.01.2024 - 05:54 [ Gearóid Ó Cuinn, Global Legal Action Network @glan_law ]

Mark my words. A legal tipping point is coming for those countries arming Israel in the midst of indiscriminate bombing and famine inflicted on the trapped civilians of #Gaza.

15.01.2024 - 00:10 [ Middle East Eye ]

South Africa‘s genocide case against Israel could be last chance to regain Palestinian trust

Although the Palestinian people believe in the justice of their cause and are fully aware of the injustices and crimes committed against them, they still harbour legitimate fears, given their bitter experiences with the international community and the United Nations Security Council. Many of us have doubts about the seriousness of the international community – especially the US – when it comes to ending, or even mitigating, Israel’s crimes against us.

Although the final judgment of the ICJ will likely take years, we hope the court will make a quick decision on a ceasefire. But this hope dulls when we realise that implementing the ruling depends on the Security Council, where the US can veto any resolution against Israel. This has allowed Israel to long behave with impunity and in disregard of the Geneva Conventions.

07.01.2024 - 08:10 [ Middle East Eye ]

War on Gaza: The fate of global justice hangs on South Africa‘s ICJ case

These are words that any western leader allowing Israel to carry on with mass murder can ill afford to ignore.

The ICJ has agreed to hold a hearing next week to discuss South Africa’s request for an urgent ruling. No hearing at the World Court at the Hague is more pressing. The fate of that endangered species called international justice depends on it.

05.01.2024 - 00:00 [ CommonDreams.org ]

Tlaib Says Biden Admin ‚At Serious Risk‘ of ICC Prosecution

(Dec 11, 2023)

Legal experts and scholars have been warning since October that U.S. officials could be rendering themselves complicit in war crimes—and genocide—by continuing to arm the Israeli military as it wages indiscriminate war on the Gaza Strip.

Tlaib echoed that warning Monday, noting that the Biden administration has opted to „give weapons to a military that is very publicly and actively committing serious war crimes and crimes against humanity.“

04.01.2024 - 12:40 [ Internationaler Gerichtshof / International Court of Justice ]

Proceedings instituted by South Africa against Israel on 29 December 2023 – Request for the indication of provisional measures – Public hearings to be held on Thursday 11 and Friday 12 January 2024

The hearings will be devoted to the Request for the indication of provisional measures contained in South Africa’s Application. In its Request, South Africa asks the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its
obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

Schedule for the hearings

Thursday 11 January 2024 10 a.m.-12 noon.: Oral argument (South Africa)
Friday 12 January 2024 10 a.m.-12 noon.: Oral argument (Israel)

Members of the diplomatic corps, the public and the media will find below practical information regarding the organization of the hearings.

04.01.2024 - 12:30 [ sarah / Twitter ]

BREAKING: The International Court of Justice announces a public hearing on January 11th-12th for South Africa’s case filed against Israel over genocide in Gaza. A historic moment for Palestine… And all of humanity.

04.01.2024 - 11:49 [ ]

Tehran starts taking prompt ‚legal measures‘ through UN following deadly terror blasts in Kerman

„Based on initial information obtained from official sources, the Foreign Ministry has begun [taking] its prompt legal and international measures through the United Nations,“ Amir Abdollahian wrote.

The heart-wrenching terrorist attacks happened as people were marking the fourth anniversary of the assassination of General Soleimani.

04.01.2024 - 11:44 [ PressTV.ir ]

Iran to use all available mechanisms to ensure accountability for terror attacks: UN envoy

Earlier, Foreign Minister Hossein Amir-Abdollahian said the Islamic Republic had started taking „legal measures“ through the United Nations as part of its efforts to ensure accountability for those responsible for the Kerman attacks.

03.01.2024 - 08:55 [ Middle East Eye ]

War on Gaza: OIC and Arab League must back South Africa‘s ICJ case on Israel

Beyond material progress and architectural marvels that rival ancient wonders, a truly progressive state is marked by its commitment to accountability and justice – a domain where some established democracies have faltered.

After enduring a harrowing 85 days of bombardment resulting in nearly 22,000 killed, including more than 8,000 children and 6,000 women, 1.9 million displaced and the collapse of the health infrastructure, South Africa, a signatory of the Genocide Convention has finally called upon the International Court of Justice (ICJ) to examine the crisis.

This long-awaited step reflects a crucial recognition of the international community‘s role in conflict resolution and human rights protection.

30.12.2023 - 16:30 [ Tagesschau.de ]

Klage vor Internationalem Gerichtshof: Südafrika wirft Israel Völkermord vor

Der IGH soll laut Statut Konflikte zwischen Staaten möglichst friedlich beilegen. Seine Urteile sind in der Regel bindend. Allerdings besitzen die UN-Richter keine Machtmittel, um einen Staat zur Umsetzung zu zwingen. Sie können aber den UN-Sicherheitsrat aufrufen, in der Sache tätig zu werden.

30.12.2023 - 16:16 [ New York Times ]

South Africa accuses Israel of genocide in a U.N. court.

Allegations of war crimes by both Israel and by Palestinian militant groups in territories occupied by Israel in 1967 are already under investigation at the International Criminal Court, which is independent of the U.N. But the impact of that investigation is unclear because Israel is not a member nation of the I.C.C. and does not recognize its jurisdiction.

Israel is, however, a signatory of the Genocide Convention, along with South Africa, which paved the way for the case at the International Court of Justice, also known as the World Court.

30.12.2023 - 16:10 [ CNN ]

South Africa files genocide case against Israel at International Court of Justice over Gaza war

South Africa and Israel are both parties to the Genocide Convention, according to the ICJ, which is also known as the World Court and is the principal judicial organ of the United Nations.

13.10.2023 - 16:22 [ ORF.at ]

Serbiens Präsident Vucic kündigt Neuwahl an

Das gegenwärtige Parlament hatten die Serben im April des Vorjahres gewählt. Die nationalistische Präsidentenpartei SNS hat darin zusammen mit Verbündeten eine komfortable Mehrheit.

Vorgezogene Neuwahlen sind in Serbien häufig. Vucic regiert mit autoritären Methoden. Medien, Justiz und Verwaltung sind zum Großteil in Händen von Gefolgsleuten des Präsidenten, der auch SNS-Vorsitzender ist.

02.10.2023 - 22:30 [ theWire.in ]

Full Text | Rewriting Constitution Means Breaking India Apart, Says Fali Nariman

Generally, there are preambles to the constitution and this preamble has been called by our Supreme Court the “conscience of the constitution”. Preamble’s Part 3 Fundamental Rights, Part 4 Directive Principles of State Policy, which are not enforceable by the court but are nonetheless binding, they are all part of the conscience of the constitution (…)

You believe that there is the duty to interpret the constitution in the context of the time and in the context of the issues of the day.

Oh absolutely, absolutely! There has to be! (…)

In fact, interpretations keep changing, people keep adding to existing questions and revising new meanings.

Absolutely! Courts as you know go by precedent, so what five judges say today, seven judges can say tomorrow or have nine judges say the contrary to that, two years later.

This is what makes the constitution a living, dynamic object.

Absolutely!

10.09.2023 - 15:42 [ Times of Israel ]

Judiciary vs executive: Israel’s branches of government set for unprecedented clash

Although the High Court has heard petitions against Basic Laws before, it has never heard a case against a law specifically designed to limit the High Court’s own powers, and the powers of the judiciary more broadly, nor has it done so amid such internal political turmoil over the balance of power between the branches of government.

Because of the extremely sensitive nature of the case and the highly explosive impact the court’s ruling may have, the entire bench of 15 High Court justices will hear the petitions, a judicial panel unprecedented in size in Israel’s history.

09.09.2023 - 18:46 [ Yale.edu ]

Declaration of Israel‘s Independence 1948

(14th May,1948)

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

10.08.2023 - 14:20 [ Communist Party of Israel ]

Knesset Okays ‘Sexual Terrorism’ Racist Law

(03.08.2023)

Sponsored by a group of lawmakers led by MK Limor Son Har Melech, from the racist coalition faction Otzma Yehudit, and MK Yulia Malinovsky from right-wing opposition party Yisrael Beytenu, the new law marked a rare case of cross-Knesset alignment and passed 39 to 7 on its final reading.

Sharp criticism of the law quickly came in from Hadash-Ta’al lawmakers and Israel’s rape crisis center umbrella organization, with both alleging the law improperly creates a ranking of the severity of such crimes. Hadash-Ta’al MK Aida Touma-Sliman, a former head of the Knesset’s Women’s Status Committee, told the Knesset: “Do not punish according to hierarchies and classifications.” “Shame on these laws,” she continued, tweeting after the law passed, “Don’t promote racism on the backs of victims!”

26.07.2023 - 15:07 [ CNN ]

Israel’s Supreme Court says it will not block law that limits its power – for now

The so-called reasonableness law, part of Prime Minister Benjamin Netanyahu’s plans to weaken the judiciary, has now entered into force.

26.07.2023 - 14:52 [ israelnationalnews.com ]

Supreme Court won‘t stop first phase of judicial reform

Meanwhile, the Supreme Court will discuss the lack of meetings by the Judicial Selection Committee in September.

24.07.2023 - 19:39 [ Washington Post ]

Israel faces an ongoing constitutional crisis — without a constitution

In practice, constitutions can: achieve near-unalterable status, as in the United States; be frequently rewritten, as in many other countries in the Western hemisphere; be used to justify authoritarian forms of rule; or come to be entirely disregarded.

Israel, Britain and New Zealand are outliers, as they do not have constitutions, said Hanna Lerner, the author of “Making Constitutions in Deeply Divided Societies.” The United Kingdom and New Zealand rely on common law, bodies of legal thinking and precedent developed over centuries, which serve a de facto constitutional role.

23.07.2023 - 21:36 [ Yale.edu ]

Declaration of Israel‘s Independence 1948

(14th May,1948)

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

10.07.2023 - 19:47 [ Ynetnews.com ]

The reasonableness standard is about to be canceled by Israel‘s government. Mass protests are planned.

The legislation was approved by the Knesset‘s Constitution Committee last week. According to the wording of the proposal, „those who have judicial authority according to law, including the Supreme Court when sitting as a high court of justice, will not discuss or issue an order against the government, the prime minister, a minister or another elected official regarding the reasonableness of their decision.“

10.07.2023 - 11:10 [ Haaretz ]

Netanyahu Gov’t to Vote on Key Part of Judicial Coup as Protesters Threaten Nationwide Rallies

The full Knesset will begin voting Monday afternoon on the amendment to the Basic Law on the Judiciary. The session will begin at 4 P.M. with debate, followed by a vote on a motion of no-confidence in the government submitted by the opposition. Lawmakers will then take up the reasonableness bill.

The bill to be voted on follows the wording it contained before lawmakers held deliberations on it. During the five meetings of the Constitution, Law and Justice Committee on the bill, not a single change was introduced.

10.07.2023 - 11:07 [ Times of Israel ]

MKs to vote on bill barring judges from reviewing ‘reasonableness’ of gov’t decisions

While Prime Minister Benjamin Netanyahu ordered his justice minister and the head of the Knesset committee sponsoring the bill to “soften” the language so as not to shield local city halls from petitions for judicial review, the bill’s language has not so far been changed.

MK Simcha Rothman, who heads the Knesset’s Constitution, Law and Justice Committee, said that the current bill will not apply to mayors, but declined to remove the “other elected officials” clause, smoothing the way to easily expand the bill’s scope.

08.07.2023 - 14:20 [ Haaretz ]

Hollywood Mogul Milchan Treated His Netanyahu Testimony as He Treats Everything Else: A Commodity

With careful consideration, it is plausible to suggest that Milchan‘s decision may have been influenced by the judges‘ proposal to withdraw the bribery charge in Case 4000, which was presented just before his testimony. The witness perceived this case to overshadow his own involvement, often remarking that the magnitude of „hundreds of millions of dollars“ cannot be compared to indulgences in cigars and champagne. This positioning allowed Milchan to assume a supporting role in the unfolding narrative, but an unexpected turn of events thrust him into the spotlight. Being fluent in the language of power, it appears that Milchan recognized Netanyahu‘s resurgent influence and chose not to risk challenging him.

05.07.2023 - 19:03 [ Haaretz ]

Netanyahu‘s Judicial Overhaul: Knesset Takes First Step to Disband Israel‘s Bar Association

The Knesset passed in a preliminary vote on Wednesday a bill to dismantle the Israel Bar Association and replace it with a politically appointed council. The bill would replace the bar association with a “lawyer’s council” with its head appointed by the justice minister.

The bar association selects two people named to the Judicial Appointments Committee, whose composition the coalition seeks to alter in its favor. Last month, the election for its leadership saw the candidate backed by opponents of the judicial overhaul overwhelmingly defeating his rival, a supporter of the overhaul.

04.07.2023 - 19:04 [ Times of Israel ]

Opposition leaders say advancing ‘reasonableness’ bill harms Israelis

Despite breaking off compromise talks last month, Yesh Atid and National Unity party heads say that it is still “possible to reach agreements, it is possible to make changes in the judicial system for the good of Israeli citizens and not for the tyranny of the majority and corrupt appointments.”

04.07.2023 - 18:43 [ Jerusalem Post ]

Four MKs apply to vacant Judicial Selection Committee spot as repeat vote nears

The nine-member Judicial Selection Committee includes three High Court justices, one of whom is the chief justice; two ministers, one of whom is the justice minister; two Knesset members; and two representatives of the Israel Bar Association (IBA). One each of the judges, ministers, MKs and IBA representatives must be a woman.

The committee is responsible for appointing judges at all levels of Israel‘s civil court system.

26.06.2023 - 13:46 [ Haaretz ]

Is Israel Prepared to Prosecute Its Prime Minister?

For this saga to end now, one of two things has to happen: Either the prosecution has to withdraw the indictment, or Netanyahu has to admit to some of the charges and leave office immediately. But the prime minister is now breathing easy and praising the judges whom he previously suspected of being leftists. And Attorney General Gali Baharav-Miara, who views the court’s position as a colossal mistake, is currently determined to go all the way, including to the Supreme Court.

23.06.2023 - 12:55 [ Times of Israel ]

Film mogul Milchan to testify at Netanyahu trial Sunday, as AG said to mull deal

Hollywood mogul Arnon Milchan, a key witness in one of Prime Minister Benjamin Netanyahu’s corruption cases, is set to testify at the premier’s corruption trial via video link from Brighton, England, beginning on Sunday.

The film producer is a witness in Case 1000 — one of three in which Netanyahu faces charges — involving suspicions that the premier illicitly accepted gifts including cigars and champagne from Milchan and another billionaire, James Packer.

23.06.2023 - 12:44 [ Haaretz ]

Israel‘s AG Will Discuss Possibility of Netanyahu Plea Deal as Next Step in Bribery Trial

According to the report, during a routine hearing at the Jerusalem District Court on Tuesday, the judges engaged in a fifteen-minute discussion with the State Prosecutor‘s Office and Netanyahu‘s defense team and the other defendants, Shaul and Iris Elovich.

The judges reportedly emphasized that „the good of the state requires a settlement.“

23.06.2023 - 12:39 [ Times of Israel ]

Reports: Judges in Netanyahu trial tell prosecution bribery charge has little chance

(22.06.2023)

According to Walla and Channel 13, the judges convened with state prosecutors and Netanyahu’s defense team in their chambers in order to discuss the complexities involved in substantiating the bribery charge against the prime minister in Case 4000, the most significant of the three cases against Netanyahu that make up the trial.

Also known as the Bezeq-Walla case, it focuses on allegations that Netanyahu, during a previous tenure as prime minister, authorized regulatory decisions that financially benefited Bezeq telecommunications giant shareholder Shaul Elovitch by hundreds of millions of shekels.

23.06.2023 - 12:29 [ Haaretz ]

Top News Editor at Netanyahu Trial: ‘No One Got the Treatment Like He Did’

(21.06.2023)

At the start of the hearing in Netanyahu’s ongoing trial for bribery, fraud and breach of trust, the three judges summoned both sides’ lawyers to their chamber for a private consultation. However, they declined to say what the discussion had been about.

(…)

He also said that then-editor in chief Avi Alkalay routinely altered articles in ways that benefited Netanyahu. “There were also articles that were shelved,” he added.

Asked by prosecutor Yael Shahaf how Alkalay explained his behavior, Borochov said Alkalay told him “that he coordinates things with the Prime Minister’s Office,” and that if “things didn’t go the way they should,” he would be replaced with an editor in chief chosen by Netanyahu

31.05.2023 - 22:29 [ ORF.at ]

Johnson übergibt WhatsApp-Daten an Regierung

Das von der ehemaligen Richterin Lady Heather Hallett geleitete unabhängige Untersuchungskomitee soll die umstrittene Handhabung der Pandemie unter Johnson aufarbeiten. Der aktuelle Premier Sunak war damals Finanzminister. Spekuliert wird daher, dass er und weitere Kabinettsmitglieder fürchten, in der WhatsApp-Korrespondenz Johnsons könne auch für sie kompromittierendes Material sein.

31.05.2023 - 22:20 [ Telegraph.co.uk ]

Boris Johnson hands his unredacted WhatsApps to Cabinet Office

Baroness Hallett, the chair of the inquiry, has threatened the Government with legal action if it refuses to comply with her order for full copies of Mr Johnson’s communications and diaries, and the messages of a key aide, with a deadline of 4pm on Thursday to fulfil her demand.

But last night, Whitehall sources indicated that Mr Sunak would stand firm and refuse to submit unredacted material, from him or any minister, to the inquiry.

27.05.2023 - 10:08 [ Tagesschau.de ]

Nach Aufruf des Präsidenten: Zehntausende auf Demo für Vucic

Der serbische Präsident bestimmt seit 2012 in verschiedenen Funktionen die Geschicke des Landes. Kritiker werfen ihm einen autoritären Regierungsstil vor. Vucic und seine Gefolgsleute kontrollieren die meisten Medien, die Justiz und einen Teil der Wirtschaft.

Zwei Amokläufe mit 18 Toten hatten zu Monatsbeginn die serbische Gesellschaft erschüttert.

16.05.2023 - 16:30 [ Yale.edu ]

Declaration of Israel‘s Independence 1948

(14th May,1948)

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.