Justiciability of the Israeli Fight Against Terrorism

13 Pages Posted: 20 Sep 2006

See all articles by Ariel L. Bendor

Ariel L. Bendor

Bar-Ilan University - Faculty of Law

Abstract

This Essay deals with the degree to which law and courts of law are capable of regulating the fight against terrorism, and the degree in which this is actually being done in Israel. The Essay deals with the general concept of justiciability, and presents some special problems that raise the question of the justiciability of the fight against terrorism by the State of Israel. The Essay suggests that for many legal questions dealing with the fight against terrorism, especially in the Territories, there are no answers in existing law. Yet, abstention of the court from dealing with the petition itself does not reflect a neutral stance, but constitutes permission for governmental activity. Such permission should be given - however sensitive the matter might be - only after a discussion of the actual matter in hand. In this sense - even the fight against terrorism is justiciable.

Keywords: International Law Regarding Terrorism, Israeli Constitutional law, Judicial Review in Israel, Justiciability, Political Question Doctrine, Terrorism, Occupied Territories

JEL Classification: K10, K19, K20, K29, K30, K39, K40, N45, K42

Suggested Citation

Bendor, Ariel L., Justiciability of the Israeli Fight Against Terrorism. George Washington International Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=931159

Ariel L. Bendor (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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