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Israeli Supreme Court Leans on International Law in Age of Terrorism 1 - 2 - 3 - 4

Justice Beinisch used the Holt Lecture to describe her Court’s daily challenges. She declared no other court in the world operates in such a “permanent state of emergency” nor faces so many cases that require a fine balance between safeguarding human rights and protecting national security.

To adjudicate cases in the occupied Palestinian territories, the Court relies on international law, she said. However, Justice Beinisch said it is difficult to be definitive because international law remains silent on the rights of terrorist organizations. So, the Court has had to interpret existing humanitarian laws when considering Israel’s policy of targeting terrorists who plan or launch attacks.

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