Israeli Supreme Court Cases: Equality, Security, Expression

Cases II — Israeli Rights Cases (1995–2003)

Alice Miller v. Defense (1995) — Right to Equality

Background

Alice Miller wanted to be a pilot in the IDF, but the IDF had never before allowed a woman to take an active part in combat.

Results

The Court forced the IDF to accept women in combat roles. Justice Kedmi opposed the decision.

Meaning

Later ramifications affected gender equality in the IDF.

• Budgetary considerations cannot take precedence when the issue is the realization of a fundamental right such as equality.

Public Committee Against Torture in Israel v. State of Israel (1999) — Human Rights in Emergency

Background

The General Security Service (GSS) used methods that included subjecting suspects to moderate physical pressure. The purpose of these interrogations was to gather information regarding terrorists in order to prevent them from carrying out attacks. The methods were employed under legal directives that allowed for the use of moderate physical pressure if it was immediately necessary to save life.

Results

The Court held that the GSS did not have the authority to employ certain investigative methods.

Meaning

The Court's decision did not negate the possibility that the "necessity defense" would be available to GSS investigators when criminal charges are brought against them (likely to arise in instances described as "ticking bomb" scenarios). Human dignity also includes the dignity of the suspect.

Kaadan v. Israel Lands Authority (2000) — Right to Equality

Background

An Israeli Palestinian wished to purchase a residential plot in the Katzir communal settlement, which was built on lands that the Israel Lands Authority had assigned to the Jewish Agency, which in turn assigned plots only to Jews.

Results

The Court held that the state was not legally entitled to allocate lands to the Jewish Agency for the construction of the Katzir communal settlement based on discrimination between Jews and non-Jews.

Meaning

Rejection of a 'separate but equal' policy, with reference to the US case Brown v. Board of Education.

Muhammad Bachri v. Israel Film Council (2003) — Freedom of Expression

Background

The movie presented Operation Defensive Shield in a way that could harm the feelings of a large portion of Israeli society, in particular families who lost their sons in that operation. The Israel Film Council decided to ban the screening of this movie, stating that the offense should "shake the foundations of human tolerance to the extreme."

Results

Justices Dalia Dorner, Asher Grunis and Ayala Procaccia ruled in favor of Bachri.

Meaning

In the tension between the public's feelings and freedom of expression, the latter prevails. A similar issue arose in the screening of the movie The Last Temptation of Christ (1988).