Report: The Engagement of Israel's Supreme Court with International Law

Abstract

This is a report submitted to the International Law Association Study Group on the Engagement of Domestic Courts with International Law. The report analyses patterns and principles of engagement of the Israeli Supreme Court with international law. Part I covers the reception of international law into the Israeli legal system. Part II points to two factors that determine the application of international law in Israel’s Supreme Court: the subject matter and the individual preferences of particular judges. Part III maps judicial techniques in Israel vis-à-vis international law, suggesting that the general trend is that of receptive engagement. Alongside reception some expressions of contesting engagement and disengagement (explicit (avoidance) and implicit (disregard)) still exist. The report focuses on international humanitarian law and international human rights law.

Keywords: international law, national courts, international humanitarian law, human rights law, Israel Supreme Court, principles of engagement with international law