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Former Israeli Justice Talks of Protecting the State
and Preserving Civil Rights
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A tool to achieve this balance, Justice Barak explained, is the ‘test of proportionality,’ which means weighing a ruling’s benefit to the public interest against the harm caused to human rights. He said such decisions are magnified in times of war because the consequences can extend into times of peace.

To amplify his argument, Justice Barak quoted an oft-cited opinion in Korematsu v. United States, a landmark case in which the U.S. Supreme Court upheld a presidential executive order that forced Japanese Americans into internment camps during World War II.

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