ABSTRACT

This chapter outlines some of the major cases where the Israeli Supreme Court has reviewed counter-terrorism measures. This outline provides a basic knowledge about the different issues brought before the Court and the wide range of cases it has handled, revealing the willingness of the Court to consider almost any case on its merits, regardless of its "operational" or "wartime" character. The chapter connects the legal dots among the cases to reveal underlying theories of counter-terrorism adjudication that the Court is advancing. It argues that the Court is willing to review a broad range of counter-terrorism activities and has special legal mechanisms for balancing human rights and public safety. The chapter also argues that the Israeli Supreme Court's practice is a model for other democracies. It presents the parameters for evaluating the Israeli practice and suggests that other democracies might consider the adoption of that model in equivalent circumstances.