Articles for author: Barak Medina

The Legality of the Occupation and the Problem of Double Effect

The conflict between Israel and Palestine, or more accurately, between the two Peoples, has persisted for over a century. A tragic reminder of the unbearable costs of this conflict is the deadly October 7 attack by Hamas on Israel, and the ensuing war, which has led to horrific consequences, with thousands of Israelis and Palestinians killed, many severely injured, and extensive damage to the civilian infrastructure in the Gaza Strip. In these circumstances, an important question arises: what role should international law and international tribunals play in mitigating the grave harm to all those involved in the conflict?

10. Oktober 2024

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Influences of the Holocaust on the Constitutional Law of Israel

The trauma of Auschwitz continues to reverberate in the collective consciousness of Israelis and manifests in Israeli laws across several primary domains. However, the primary impact of the Holocaust trauma on Israeli constitutional law has been the concerted efforts to prevent Israel from descending into a fascist, racist regime akin to Germany in the 1930s. The incorporation of the concept of Intolerant Democracy, which occupies a central role in Israeli constitutional law, was explicitly inspired by German history.

29. Juli 2024

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A Government of Laws, not of Men

The Israeli Supreme Court will hear this week (on September 12, 2023) petitions to invalidate an amendment to one of Israel’s Basic-Laws. The amendment, enacted in late July, denies the court the power to review the “reasonableness” of any governmental decision. This amendment is the first part of larger judicial overhaul plan, initiated by the Israeli government. Based on the court’s existing jurisprudence, I expect that the Supreme Court will declare the amendment unconstitutional, as it violates the core principle of the rule of law. In this post I offer a brief overview of the relevant background, before addressing the merits of the current case.

11. September 2023