Institutes and Centers
A significant part of the academic activity in the law school is organized by institutes and centers that specialize in specific areas. These activities include, among other things, workshops, international conferences, and guest lectures.
This part of the website includes the individual sites of each institute and center, in which you can find complete information on activities, faculty members, and more.
Institutes and Centers
Campus-Community Partnership
For our Website in English please click here
We act to:
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Engage Israeli institutions of higher education with the pressing social issues of the day;
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Develop the intellectual and social change capabilities of a new generation of Jewish and Arab students who will go on to become active citizens and leaders for social change in their communities;
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Bring academic knowledge into deeper engagement with community organizations.
We integrate the resources and capabilities of students, faculty members, institutions of higher education and social change organizations by:
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Encouraging institutions of higher education to develop a policy of social engagement;
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Supporting faculty members in developing community-engaged courses ("service learning courses") that combine theoretical study with student internships in community organizations;
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Organizing workshops, seminars and conferences to exchange, develop and disseminate knowledge and experience regarding community-engaged learning and campus-community partnerships.
SCHOLARSHIP AND ACTIVISM
COMMUNITY-ENGAGED POLICY
KNOWLEDGE EXCHANGE AND ADVOCACY
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Workshops for faculty members teaching community-engaged courses or interested in developing such courses, to discuss topics such as service learning pedagogy, work with civil society organizations and evaluation.
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Student seminars, both local and national, to encourage and enhance Jewish and Arab students' action in social change organizations, focusing on issues such as critical pedagogy, community organizing, legal aid, and human rights advocacy.
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An annual conference for all stakeholders in campus-community programs, to present knowledge about engaged policies, best practices, and research of community-engaged courses.
Tel.
+972 (0)2-588-1389
Fax
+972 (0)2-588-2968
campuschange@savion.huji.ac.il
Address
Campus-Community Partnership
Faculty of Law
Hebrew University of Jerusalem
Mt. Scopus, Jerusalem 9190501 Israel
i-Core
The Center for Empirical Legal Studies of Decision Making and the Law brings together researchers from different fields from the Hebrew University of Jerusalem and the Technion – Israel Institute of Technology. The Center is an initiative of the government of Israel to generate innovative empirical legal research, particularly in the field of decision making and the law. The Center is expected to make a significant intellectual and practical contribution both from an intellectual and a practical perspective. With respect to the former, the studies conducted in the Center shed new light on ongoing debates regarding the way in which the law influences behavior. They answer questions such as: are people rational or are their decisions biased in a systematic fashion; and does the law function merely as a price-setting device, or does it affect behavior in other, more subtle ways? As to the latter, the findings of the studies will likely lend themselves to numerous concrete policy debates. The Center is supported by the I-CORE Program of the Planning and Budgeting Committee and the Israel Science Foundation.
Institute of Criminology
The Institute also functions as a research institute. Current research projects include: family violence; rape; white-collar crime; organized crime; women and crime; police violence; police responses to terrorism; explaining crime at place, cross-cultural comparison of aggression and violence; violence in hospital emergency wards; crime among immigrants; drug policy; situational crime prevention; police undercover work; environmental responses to crime; prison terms served in the community; history of social control systems; sociology of law and welfare regulation; sociology of human rights; responses to human rights violations; prisoners' rights; juvenile justice; community control of crime and delinquency; the victim and the criminal justice system.
The Institute cooperates with various criminal justice and welfare agencies in Israel, particularly by organizing symposia, lectures and research consultations. Members of the Institute are active in various national and international scholarly organizations, such as the Israel Council of Criminology, the American Society of Criminology, the Campbell Collaboration, the Academy of Experimental Criminology, and the Deviance and Social Control Committee of the International Sociological Association. Institute faculty members are active in publishing in international as well as Israeli journals, and serve as editors or on the editorial boards of major international journals in the fields of criminology, sociology of law, and victimology. The Journal of Experimental Criminology is housed in the Institue.
An annual public lecture or symposium is held in memory of the founder of the Institute, the late Professor Israel Drapkin. Recent topics have included drug policy, political crime, and policing.
The Institute of Criminology website (soon)
Institute of Jewish Law
The Israel Matz Institute for Jewish Law at the Faculty of Law of the Hebrew University, Jerusalem, is located on Mount Scopus, in one of the original buildings of the Hebrew University, built in 1925. Since its inception in 1963, on the initiative of the then deputy to the President of the Israel Supreme Court, Prof. (emeritus) Menachem Elon, it is now occupies a leading place in the teaching and researching of Jewish Law. The Institute’s affiliation with both the Faculty of Law and the Institute of Jewish Studies reflects its founders’ goal of combining the research methods in Jewish Law with the classical methods of Jewish Studies. Over the past forty years, the Institute has made major contributions to academic research in the area of Jewish Law and is considered a leader in its field.
The Institute’s main achievements have been in four areas:
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It has trained a generation of first-rate scholars, now occupying key positions in Jewish Law research and instruction at universities all over the country.
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Books and studies have been published in a wide variety of topics, on a high level of academic excellence. These publications have, among other things, made the literature and sources of Jewish Law more readily available to teachers, students and legal personnel. A monumental undertaking in this area is the responsa index project, aimed at indexing responsa literature in the period of the rishonim (i.e., prior to the fifteenth century).
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The Institute publishes a Hebrew Annual of Jewish Law, Shenaton ha-Mishpat ha-Ivri, which is now firmly established as the premier publication in the field. The twenty-five volumes published hitherto present a diversity of studies by scholars of the first rank on classical and modern subjects of Jewish Law. Recently, the Institute was handed over the Jewish Law Annual (English), its future volumes will be published as a part of the Institute’s publications.
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The Institute’s library owns a unique, rich and varied collection of volumes in all areas of Halakhic literature, Jewish Law research and related subjects, now considered the most important library of its kind in this country and indeed in the whole world. Its services are at the disposal of students, scholars and jurists.
Recently, the Institute was honored when the Emet Prize 2011 was awarded to two of the senior researchers of the Institute, Prof. Eliav Shochetman and Prof. Berachyahu Lifshitz.
The Institute of Jewish Law website
Minerva Center for Human Rights
The Minerva Center for Human Rights at the Hebrew University of Jerusalem's Faculty of Law is the preeminent academic center in Israel devoted to human rights research and education. Engaging government, civil society and local and international academia, the Center serves as themost important hub in Israel for practical and theoretical discourse on current local and global human rights dilemmas.
The Center provides outstanding Hebrew University students with unequaled academic and practical tools necessary for them to fulfill key roles in Israeli society as leaders in public service, as educators and researchers, and as pioneers of social change.
The Minerva Center for Human Rights places great emphasis on developing platforms for collaborations between Israeli students, scholars and practitioners and their international counterparts, in order to generate awareness of, and discourse with, comparative academic reflection, historical experience and cultural perspectives. Partners in recent Minerva projects have included Freie Universität Berlin and Göttingen University in Germany, George Washington University and Georgetown University in the United States, Ulster University and Queen’s University Belfast in Northern Ireland, University of Fribourg in Switzerland, McGill University in Canada, European University Institute, National University of Rwanda and others.
Each year the Center brings to Jerusalem dozens of leading international human rights scholars and practitioners to lecture at conferences and symposia or teach intensive courses. In addition, in recent years the Center has initiated projects in which Hebrew University students have participated in conferences, courses and study tours in Germany, Holland, Switzerland, Northern Ireland, Cyprus, Rwanda, Canada and the United States.
The Center's activities include –
- A fully-funded multidisciplinary international PhD program in human rights with Freie Universität Berlin – the first-ever PhD program in human rights in Israel, and the first joint German-Israeli PhD program (in any field) ever funded by the German Research Foundation.
- The only Postdoctoral Fellowships in Israel devoted to human rights research.
- The only research grants offered to all Israeli scholars engaged in human rights-related research, on a competitive basis, through an annual national call for proposals.
- TheIsrael Law Review, a leading international journal of human rights, international and public law (published by Cambridge University Press).
- Numerous international conferences, symposia, guest lectures and workshops each year, on a wide range of current local and global human rights issues.
- Academic courses, summer schools, internships and international study trips for top Hebrew University students.
- An ongoing, closed, structured consultation mechanism between government and civil society professionals on pressing domestic human rights dilemmas, under the Center's leadership and auspices.
Minerva Center for Human Rights Website
Sacher Institute
The Harry and Michael Sacher Institute for Legislative Research and Comparative Law was established in 1959. Its broad range of activities ever since has been supported by a generous donation from the Sacher Family. The Institute serves as a prominent research arm of the Faculty of Law, as well as a publishing house (the leading in Israel) for legal academic publications.
In its first years, the Institute assisted the Israeli Ministry of Justice and other official agencies in the preparation of legislative materials and by writing commentaries on proposed bills. Today the Institute engages with (and supports) legal research in a variety of fields, through the following means:
Books: The Institute has published hundreds of books and monographs, written mainly in Hebrew, by leading Israeli scholars in all areas of law. We continue to publish books on an ongoing basis, based on a peer-review process that ensures the highest academic level.
Conferences: The Institute organizes international and national conferences, in Israel and abroad, in cooperation with local and foreign research centers, and occasionally sponsors conferences organized by members of the Faculty.
Research Support: The Institute grants each year a post-doctoral fellowships that allows a junior researcher to develop his/her research under the auspices of the Institute, while engaging with Faculty members and becoming integrated in the rich academic activity of the Faculty. In addition, the Institute provides funding for research studies performed by Faculty members.
Journals: Three academic journals are published under the auspices of the Institute: “Misphatim”, the main publication of the Faculty, edited by its students; “Hukim”, a journal focusing on legislative proposals and commentaries; and “Israel Criminology”, the journal of the Israeli Association of Criminology.
The Harry and Michael Sacher Institute website
The Aharon Barak Center for Interdisciplinary Legal Research
The Aharon Barak Center for Interdisciplinary Legal Research facilitates, encourages, and coordinates cutting-edge interdisciplinary legal research by scholars from the Faculty of Law, other Hebrew University faculties, and from around the globe.
The Faculty of Law
Established in 1949 as the first law school in Israel, the Faculty of Law is the alma mater of the vast majority of Israeli Supreme Court justices, Israel’s most prominent legal scholars, senior government officials and legal practitioners. The Faculty of Law strives for excellence in research. Many faculty members hold graduate degrees from leading international universities and spend time teaching or conducting research abroad. Legal research at the Faculty has a theoretical and interdisciplinary focus, and scholarly work produced by members of the Faculty of Law figures prominently in leading legal journals.
Aharon Barak
Aharon Barak is the most prominent lawyer, legal scholar, and judge in Israel of his generation. A full professor at the Hebrew University at the age of 36, even prior to this Barak was already known as an international expert in civil law, chairing important international committees in this field. Barak was appointed as Attorney General of Israel at age 39, and three years later (in 1978) he was appointed to the Israeli Supreme Court. In 1995, he was nominated as the President of the Supreme Court of Israel and he served in this position until his retirement in 2006. Barak is considered to be one of the most brilliant and fruitful legal scholars of our time. As a Judge, Barak was the driving force behind the fundamental transformation of Israeli law throughout the last 30 years and the rise of the Supreme Court as an influential and central institution in the protection of democratic values in the Israeli polity. His decisions have shaped almost every field of law, and have had profound impact on the status of this court among the international legal community. While Barak began his career as an expert in civil and commercial law, as a judge he soon became the most influential figure on the bench in public and constitutional law. Subsequently, Barak became increasingly interested in international law and his rulings in this field are now studied by lawyers and scholars around the world. Throughout his career as a judge Barak did not cease his work as a legal scholar and published numerous books on legal interpretation and methodology—some of which have been translated to several languages.
Barak began his association with the Faculty of Law at the Hebrew University as a law student in 1955, going on to become a faculty member and a Dean of the Faculty in 1974-1975. As an Attorney General and Justice of the Supreme Court, Barak continued to teach at the Faculty, and he regards the Faculty not only as his Alma Mater but also as his intellectual home. It was thus only natural that upon Barak's retirement from the bench, the Faculty decided to honor his commitment and devotion to the Hebrew University and his contributions to Israeli law and society through the establishment of the Aharon Barak Center for Interdisciplinary Legal Research.
For detailed CV, see here
The Aharon Barak Center for Interdisciplinary Legal Research
This Center seeks to honor and expand the legacy of Aharon Barak through excellence in interdisciplinary legal research.
In today’s legal world, legal research is almost always intertwined with research in other disciplines such as economics, sociology and psychology; history, philosophy, and literature. Legal research today also entails collaboration between researchers (both lawyers and social scientists) from different legal and cultural systems. The Faculty of Law at the Hebrew University includes internationally renowned experts in such fields as economic analysis of law, law and criminology, philosophy of law, and behavioral legal studies.
The Barak Center provides the institutional and organizational framework that enables the Hebrew University to operate in the competitive global environment of contemporary academia. It does so by providing research grants and support for research groups, conferences, and doctoral students who use interdisciplinary methodology for the study of law. The Center aims, in particular, to answer the growing need for competitive working conditions in Israeli academia for brilliant young legal academics who specialize in interdisciplinary research and to enable the Faculty to increase its participation and influence within the global legal-academic community.
Structure
The Barak Center is part of the Faculty of Law, and is operated according to Hebrew University regulations for research centers. Aharon Barak serves as the Center’s honorary President. The Academic Director of the Center is appointed from among members of the Faculty, and an Academic Committee sets Center goals and policies and supervises its activities and budgets.
Professor Assaf Hamdani serves as the Center’s inaugural Academic Director. Professor Alon Harel is Chair of the Center’s Academic Committee. Other members of the Academic Committee include scholars who specialize in various aspects of interdisciplinary legal studies, from the Faculty of Law, the Institute of Criminology, the Center for the Study of Rationality, the School of Education, and the department of International Relations.
Activities
Research Grants: The Center offers research grants to encourage new and innovative interdisciplinary legal research.
Fellowships: The Center offers fellowships to LL.M. and Ph.D. students to encourage the use of interdisciplinary methodology in legal research. In addition, the Center offers postdoctoral fellowships and hosts postdoctoral scholars from abroad.
International Activities: The Center encourages international collaboration between Hebrew University faculty members and scholars from abroad by supporting international conferences.
Academic Publications: The Center supports the publication of books, journals and internet bulletins in relevant research areas. It also supports academic seminars, conferences and forums and, when appropriate, subsequently publishes the resulting collection of papers.
The Clinical Legal Education Center
The Clinical Legal Education Center (CLEC) at the Hebrew University is an integral part of Israel’s foremost Faculty of Law and one of the country’s leading clinical centers. CLEC activities are based on a two-pronged approach which offers the highest quality legal aid to a wide range of disadvantaged individuals and groups while engaging law students in top-notch, hands-on clinical and practical experience.
Law students experience practical legal work and attend forums and workshops that provide them with the legal tools essential for effectively performing their pro bono activities. Faculty members guide the students in their clinical work and help them to understand and gain insights on the social, cultural, and ethical dimensions of their future profession, while the students also benefit from interaction with professionals in other disciplines, including social work, business administration and disability studies. This high investment in our students has proven well worth it — indeed, as they pursue their professional careers, a majority of our students remain committed to, and aware of, social responsibility as an integral part of the legal profession.
The CLEC comprises 8 clinics: The Representation of Marginalized Groups Clinic; the Criminal Justice Clinic; the International Human Rights Clinic; the Rights of People with Disability Clinic; the Rights of Youth at Risk Clinic; the Economic Development of Women Clinic; the Innocence Project (wrongful convictions); and the Multiculturalism and Diversity Clinic.
The Federmann Cyber Security Center – Cyber Law Program
The Federmann Cyber Security Center – Cyber Law Program brings together scholars, research fellows and doctoral students from the Hebrew University’s Faculty of Law and the Benin School of Computer Science and Engineering, in order to promote groundbreaking academic research in the field of information technology, law and criminology, which can cultivate collaboration between academia, industry and government. Specifically, the program studies, through using truly inter-disciplinary methods the prevention and regulation of cyber threats and related law enforcement challenges.
As cyberspace — the online world of computer networks and the internet — evolves, so too are associated aspects such as global connectivity, access to data, vulnerable technologies and anonymity, which facilitate the spread of disruptive cyber activities, which have the potential for causing significant damage, and put basic individual rights, such as privacy, under considerable pressure. This has led to a growing debate concerning the very nature of information technology and its influence on the development of new legal doctrine. Since law and law enforcement were primarily developed to resolve activities of a physical nature that occur within a specific territory, today’s transition to a cyberspace has created new challenges which need to be considered within novel parameters of space, reality and dynamics.
New doctrines are being researched in The Federmann Cyber Security Center – Cyber Law Program in several fields of study. For example in international law, issues pertaining to the law of war —devised to regulate wars between standing armies — now need to be extended to cover the uncharted territory of cyber warfare and internet terrorism. In the field of human rights too, concepts of privacy and freedom of expression must be reconceived to address surveillance and information dissemination activities in cyberspace for which there are no precedents, given the immense scope and reach of data flows. Likewise, in criminology, new models need to be developed to address the distinct features of cybercrimes, which differ vastly from traditional crimes, as well as the possibilities and risks of harnessing the internet to combat traditional crime. And in the field of intellectual property the new digital environment creates numerous new challenges in the areas of patent protection, knowhow copyrights and trademarks.
While the law has responded to the challenges arising from information technologies in some areas, in general it has failed to keep up with — and, moreover, preempt — the rapidly evolving developments in information technology. Clearly, there is an urgent need for a new and wholly comprehensive focus on conceptual and practical research. Since Israeli science in general, and computer scientists of the Hebrew University in particular, are longtime leaders in all aspects of internet security and robustness, it is only fitting that their colleagues in the field of law should assume a similar leadership role in the development of legal theory for the cyber era. Here too, the Faculty of Law's intellectual approach is interdisciplinary, with its participants coming from diverse fields such as international law, human rights, military law, intellectual property, and criminology, and interacting with computer science and other forms of scholarship.
The Federmann Cyber Security Center – Cyber Law Program Website
Cyberlaw Program Workshop Schedule
The Transitional Justice Program
The Fried-Gal Transitional Justice Program
Transitional Justice is a multidisciplinary field of contemporary research and practice. It is concerned with the study of processes that can enable societies that have suffered from widespread human rights violations (as a result of severe political and social disruption, armed conflict, military rule, authoritarian regimes, or even genocide) to transition successfully to sustainable conditions of peace, reconciliation, democracy, rule of law and respect for human rights. Such processes may include truth-seeking, acknowledgement, accountability, apologies, reparations, constitutional reform, community empowerment and redistribution of resources, among others.
The Fried-Gal Transitional Justice Program was established by the Hebrew University's Minerva Center for Human Rights and Faculty of Law in 2011 as a long-term interdisciplinary program for research, education and outreach activities related to transitional justice. It is the first academic program in Israel devoted to the field.
The Program draws on the rich comparative experience accrued in the field globally over the last several decades, and to the contribution of scholars, practitioners and institutions from other conflict/reconciliation settings around the world. However, whereas "classic" transitional justice theory and practice has focused on post-conflict transitions, the Fried-Gal Transitional Justice Program also seeks to explore the field’s potential during the course of an active conflict and the contributions it can make to the processes leading to a political settlement – with particular focus on the Israeli-Palestinian context.
The Program includes both introductory transitional justice courses as part of the Hebrew University's Law Faculty undergraduate curriculum, and an English-language MA program in human rights and transitional justice at the Faculty of Law. It also offers unique student workshops and international study tours to regions of transition (such as Rwanda, Northern Ireland and Cyprus); conferences, symposia and workshops with leading international and local scholars and civil society and government practitioners; and scholarships for minority students.
Through the Clinical Legal Education Center, the Program operates two projects focused on East Jerusalem that involve dealing with historical injustices: The Legal Status Project and the Criminal Justice Project. In the Legal Status Project, the International Human Rights Clinic represents Palestinians, mostly from East Jerusalem, who face various challenges related to their official status in Israel due to the peculiar history of the area. These include registration of children at the Ministry of Interior, family reunification, citizenship status and residency status. The precariousness of official status has a dramatic impact on all aspects of life for Palestinians, from the basic right to live as a family, through democratic representation, to social rights.
As part of the Criminal Justice Project, the Multiculturalism and Diversity Clinic will concentrate on legal issues related to structural and conflict-related discrimination of Palestinians in East Jerusalem across the public service sector and with regard to official/government attitudes relating to their precarious status in the City. These include erasing the criminal records of minors from marginalized groups in East Jerusalem who have a criminal record even though they were never indicted. The Clinic also plans to update a 2017 memo on profiling, which served as a useful point of reference in policy discussions for multiple advocacy groups in Israel, to include new legal, technological and policy developments in Israel, other countries and international law. Finally, the Clinic plans to address the adverse impact of the serious shortage of parole officers in East Jerusalem, including significant delays in processes such as the release of detained Palestinian criminal suspects, sentencing practices, and early release from incarceration. The Clinic plans to employ a host of social-change tools, including awareness raising, direct appeals and legal challenges, in order to ensure that the relevant governmental authorities address this shortage.
The Clinical Legal Education Center will establish in the academic year 2021-2022 a field center in the city of Lod, in order to address, through the handling of individual cases, problems arising from the long-standing divisions between the different communities in Lod, including issues of group identity, coexistence, and historical injustice, and through legal channels promote a better, more just future. This project will be carried out in collaboration with two local organizations (“Naam” and “Citizens Build a Community”), through two clinics of the center - the Clinic for Multiculturalism and Diversity and the International Human Rights Clinic, tackling issues such as residency, citizenship, discrimination in allocation of municipal resources and access to education.
The Program benefits from the generous support of the Fried-Gal Transitional Justice Initiative, and from the guidance of an International Advisory Board of leading scholars and practitioners in the field.
The Fried-Gal Transitional Justice Program in the Clinical Legal Education Center
The Transitional Justice Program in the Minerva Center
The MA program in transitional justice
The transitional justice initiative by the Fried-Gal Foundation
Academic Forums and Workshops
Crime Group
The Jerusalem Crime Group is an interdisciplinary forum drawing together scholars from law and the social sciences with a strong interest in research and policy in the field of criminal justice. The group was established to encourage serious cross-disciplinary engagement with complex law enforcement challenges, and as a vehicle for developing critical and innovative academic and policy analysis of core problems facing the criminal justice system. Drawing on its members’ expertise in legal theory, criminal law, criminology, sociology, psychology and research methods, the Group provides a unique forum for critically examining problems that span law and the various social sciences. The Group also encourages engagement between academia and practice by inviting contributions from theoretically minded practitioners, who draw on extensive practical experience with the operation of the criminal justice system. Working papers written by members of the Group and with its support are circulated and discussed by the forum. Papers funded by the Group and discussed in this forum have been published in leading journals in their respective fields.
The group meets to discuss its members’ works in progress. Past meetings were devoted to issues such as white-collar crime, speech-related offences, “sentencing lotteries,” the art of the interview in criminology, and Israel’s recent sentencing guideline reform. The group also welcomes foreign criminal law and criminology scholars to take part in its activities.
In June, 2015 the Group will conduct a two-day international conference, bringing together scholars from around the world to discuss “Effective Law Enforcement Initiatives,” with a focus on empirically-based research.
The Group’s activities are generously supported by the Lord Taylor Fund, established by the British Friends of the Hebrew University Law School.
The forum is co-chaired by Dr. Barak Ariel (Criminology: barak.ariel@mail.huji.ac.il) and Dr. Binyamin Blum (Law: blum@huji.ac.il)
Publications:
| No. | Title | Author |
| 1 | Good for What Purpose?: Social Science, Race and Proportionality Review in New Jersey | Prof. David Weisbrud |
| 2 | The regulation of speech: a normative investigation of criminal law prohibitions of speech | Prof. Alon Harel |
| 3 |
Breach of Public Trust - Should it be a Crime? |
Prof. Miri Gur-Arye |
| 4 | On Hate and Equality | Prof. Alon Harel and Gideon Parchomovsky |
| 5 | Crime and the perception of social stress and solidarity: the role of education | Prof. Simha F. Landau |
| 6 | A Failure to Prevent Crime-Should it be criminal? | Prof. Miri Gur-Arye |
| 7 | Can Freedom of Expression Survive Social Trauma? The Israeli Experience | Prof. Miri Gur-Arye |
| 8 | Reliance on a Lawyer's Mistaken Advice-Should it be an Excuse from Criminal Liability? | Prof. Miri Gur-Arye |
| 9 | Senior Public Figure Offenders and the Criminal Justice System: The Public's Perception | Prof. Simha F. Landau, Prof. Leslie Sebba and Prof. David Weisbrud |
| 10 | Child Protection or Child Liberation? Reflections on the Movement to Ban Physical Punishment by Parents and Educators | Prof. Leslie Sebba |
European Law Forum
Intellectual Property, Law and Technology Forum
The Faculty’s Intellectual Property Forum focuses on research and public activities in the areas of IP. The Forum emphasizes critical, interdisciplinary and comparative research in the area of IP. The faculty’s team in the area of IP incudes: Dr. Katya Assaf, Dr. Guy Pessach and Dr. Michal Shur-Ofry. In addition to an ongoing IP workshop, the forum hosts visiting professors in the area of IP and collaborates with other bodies and research centers dedicated to the area of IP.
Visiting professors in recent years included: Professor Martin Adelman (George Washington University); Professor Jane Ginsburg (Columbia University); Professor Katherine Strandburg (NYU); Professor Barton Beebe (NYU) and Sir Robin Jacob (UCL).
The forum also spearheads an annual advanced IP research seminar in collaboration with WIPO – the World Intellectual Property Organization which brings together research students and professors from a variety of universities including: The Max-Planck Institute (MPI) for Intellectual Property and Competition Law, Munich; VU University of Amsterdam; the Munich Intellectual Property Law Center (MIPLC), Munich; the School of Law, George Washington University, Washington, D.C.; the Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg; the Department of Commercial Law, HANKEN School of Economics, Helsinki; the Intellectual Property, Information & Communications Law Program, Michigan State University; the School of Law, University of Geneva; the Stanford Law School (SLS), Stanford University, California; University of Connecticut, Hartford.
For further information and inquires please contact: Dr. Guy Pessach at guy.pessach@mail.huji.ac.il
International Law Forum
What is the International Law Forum?
What are the Forums' Goals?
Forum Activities
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Weekly seminars: In the seminars, research papers are presented and recent developments in international law are discussed.
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Year in Review: The Forum organizes an annual meeting that aims to discuss the major developments in international law in the passing year.
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International conferences: The Forum organizes conferences and symposiums on key international law issues and developments. See here to find out more about the next conference.
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Research projects: The Forum initiates the establishment of specific study groups in order to study in-depth specific international law issues.
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Student Activities: such as local and international moot court competitions are co-ordinated through the Forum. Fantastic opportunities to apply for scholarships, or internships with international tribunals may also be advertised.
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Publications: The Forum publishes online research papers on international law issues. You can view these papers on the award winning Social Science Research Network site, otherwise known as SSRN. See http://papers.ssrn.com.
Prominent Israeli guest speakers at Forum events have included senior government officials from the Ministry of Justice and the Ministry of Foreign Affairs, the Israeli Supreme Court President, the Israeli Attorney General, and the Israeli Defence Force Advocate General. The regular presence of speakers of this caliber, emphasizes both the size and quality of the Forum, and illustrates one of the many ways in which the Forum encourages interdisciplinary communication- making it an excellent interface between the Israeli and global community, and a vibrant, up-to-date centre from which to disseminate new concepts and information on International Law.
By engaging scholars from both Israel and abroad, the Forum has established itself as a focal point for research work undertaken worldwide. In 2008-2009 the Forum aims to expand on and secure the services it provides by strengthening its administration and establishing a permanent legal clinic focused on International Law.
Meetings' Program 2024-2025
The meetings of the International Law Forum in the coming semester will take place on Mondays, at 13:00, except the first meeting which will be on Wednesday (together with the Cyber workshop).
Reading materials will be distributed in advance prior to each meeting, as well as the link for the session. Each meeting will begin by a short presentation by the speaker, followed by a round-table discussion. All meetings will be conducted in English.
The meetings' program (which is subject to changes – to be announced in advance) is as follows:
|
Topics |
Speakers |
Date |
|
Only for students of the International Law Workshop |
Introduction Session |
29/10/2024 |
|
International Law and English Law - Is the Tide Coming in or Going Out? |
Prof. Malcolm Shaw |
12/11/2024 |
|
Time of Crisis: Climate change and the Temporal Challenge |
Dr. Doreen Lustig |
19/11/2024 |
|
The need for oversight on Surveillance Technologies: A (painful) Perspective from Israel |
Dr Tal Mimran |
3/12/2024 |
|
Year in Review - 2024 |
-- |
31/12/2024 |
|
The Bandwagon of International Law |
Prof. Shai Dothan |
21/1/2025 |
|
TBA |
Prof. David Kretzmer |
28/1/2025 |
hope to see you all at the meetings!
We thank the following funds for their generous support:
Dr. Emilio von Hofmannsthal Fund
Hersch Lauterpacht Fund
Bruce W. Wayne Chair Fund
Research
Moot courts and competitions
ICRC
ICRC National Competition
The object and purpose of the event is to educate and familiraise students with the different aspects and delicate balances within IHL. The students are not only required to acquire a vast knowledge in international law and in particular in IHL, but they also to learn how to advocate such rules in accordance with their role in the simulations.The object and purpose of the event is to educate and familiraise students with the different aspects and delicate balances within IHL. The students are not only required to acquire a vast knowledge in international law and in particular in IHL, but they also to learn how to advocate such rules in accordance with their role in the simulations.
The winning team will receive the IHL Competition Award and will be granted a prize by the organizing committee - sponsorship to the Pictet international IHL competition (provided that the team applies and is admitted to the latter competition separately). It is noteworthy that ever since the beginning of the national competition, at least one Israeli team has managed to get admitted to the international competition. Moreover, the Israeli national competition has produced the winning team of the international competition in 2010 and 2011 (the Interdisciplinary Center Herzliya) and in 2012 the two teams respresnting Israeli academic institutions have made it to the semi-final (Hebrew University and Interdisciplinary Center).
Troughout the years, many team representing Israeli academic institutions have participated in the competition (including Haifa University, Tel-Aviv University, Bar-Ilan University, Hebrew University, Sha'arei Mishpat College, Ramat-Gan College, Interdisciplinary Center Herzliya, Ono Academic College and College of Management).
Each participating team is trained by coaches provided by their hosting academic institutions and are granted academic points for their participation in the competition.
Jessup
Jessup Moot Court Competition
About Jessup
The Phillip C. Jessup Moot Court Competition is the largest and most prestigious moot court competition in the world. Students from more than 80 countries and 550 law schools compete each year in regional competitions for the distinction of proceeding to the International Rounds. Held every spring in Washington, D.C, the International Rounds are conducted together with the Annual Conference of theAmerican Society of International Law (ASIL). The Competition is organized by the International Law Student Association (ILSA). Simulating a fictional dispute between States brought before the International Court of Justice – the judicial organ of the United Nations – the competition requires each participating team to prepare detailed oral and written pleadings, arguing both the applicant and respondent positions of the case.
Thousands of law students from all around the world work yearlong on the Jessup problem, which tackles crucial questions of international law. Only one Israeli team can advance to the international rounds. Usually, a national competition is held annually in Tel Aviv for the purpose of determining which school team should proceed. The Hebrew University has participated in Jessup since 2007, and has since claimed the uninterrupted honour of proceeding to the International Championships. Hebrew University students have additionally demonstrated to be extremely talented in their international performances. For example, in 2008 the team advanced automatically to the octo-final rounds and achieved the 6th place. In 2011, 2013 and 2016, the teams advanced to the to the quarter-finals and achieved high rankings. Additionally, throughout the years, the teams’ written memorials were ranked among the best written submissions in the competition, and the teams’ members were ranked as distinguished speakers. Competition organizers and judges have been repeatedly and deeply impressed by the excellent performance of Hebrew University students.
For more information, see the Jessup site: http://www.ilsa.org/jessup
The Current Team 2017-2018
Coaches: Adv. Shannon Kisch and Yedida Jacobs
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Naama Weiss Naama Weiss, age 24, is a first year student in the joint program for Law and History. She fulfilled her high school education in the ALEH (על"ה) High School in Lod, and grow up in Kefar Ben Non (כפר בן נון) (a Moshav near Latrun). After high school Naama volunteered for national service in the "Machannot Haolim" (מחנות העולים) youth movement, in which she experienced personal growth, and continued and volunteered for army service in which she was part of the "Shechakim" (שחקים) course in the 8200 unit. Additionally, Naama teaches debating in high schools and volunteers in The Movement for Quality of Government in Israel.
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Smadar Dror Smadar is a second year student in the joint program for Law and History. She fulfilled her national service as a Psychotechnical diagnostician interviewer in the recruitment office. Last year Smadar volunteered in the "Briera" (ברירה) and "Paamonim" (פעמונים) organizations. For the past three years she has been volunteering in the "Adopt a Grandparent" project assisting an elderly woman. Additionally, Smadar has began volunteer work for the special committee for the implementation of government information accessibility and the principles of public transparency headed by the MK Stav Shfir.
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Aviel Gordis Aviel is a first year student in the joint program for Law and Amirim (אמירים) excellence program. Prior to his military service, Aviel attended the Ein Prat Mechina (מכינת עין פרת) for academic leadership. He fulfilled his army service in a classified combat unit in the intelligence department. He completed his army service ranking as a major and received Chief of General Staff award of excellence. Additionally, Aviel participated in the Faith to Faith program of the United Religions Initiative.
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Guy Manor Guy is a third year student in the Law faculty, fulfilling a unit in English literature in addition. In his first year at university he interned in the office of a member of Knesset. During his second year Guy participated in the "Law and Theater" workshop, in which he wrote and preformed the music which accompanied the show put on by the faculty's students. Guy participated in an exchange program and studied a semester in the National University of Taiwan. Today, Guy is a teaching assistant in the "Advanced International Law" course.
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Michael Cohen-Ad Michael is a first-year student in the joint program of Law and Sociology-Anthropology. After graduating high school, he went to Shnat Sherut (Service Year) in Migdal Ha'Emek and was involved in educational missions. As part of his National Service, he worked for two years in ASSAF - Aid Organization for Refugees and Asylum Seekers in Israel, in the Advocacy and Support Center. Currently, he is a participant in the HIAS Israel Organization Pro-Bono program of assistance and legal representation for asylum seekers (named after Michael B. Rukin). |
Jessup Archive
Jessup Moot Court Competition
About Jessup
The Phillip C. Jessup Moot Court Competition is the largest and most prestigious moot court competition in the world. Students from more than 80 countries and 550 law schools compete each year in regional competitions for the distinction of proceeding to the International Rounds. Held every spring in Washington, D.C, the International Rounds are conducted together with the Annual Conference of the American Society of International Law (ASIL). The Competition is organized by the International Law Student Association (ILSA).
Simulating a fictional dispute between States brought before the International Court of Justice- the judicial organ of the United Nations, the competition requires each participating team to prepare detailed oral and written pleadings, arguing both the applicant and respondent positions of the case. Thousands of law students from all around the world work yearlong on the Jessup problem, which tackles crucial questions of international law. Only one Israeli team can advance to the international rounds. A national competition is held annually in Tel Aviv for the purpose of determining which school team should proceed. The Hebrew University has participated in Jessup since 2007, and has since claimed the uninterrupted honour of proceeding to the International Championships. Hebrew University students have additionally proved extremely talented in their international performances. In 2008, they achieved sixth place (from approximately 90 teams) in the preliminary rounds, and advanced automatically to the octo-final rounds; whilst in 2009 the Hebrew University team was rated amongst the top twenty-four teams (from approximately 110 teams), and went on to participate in the advanced rounds. Several team members have also been entered on the list of the top 100 oralists, and the team's memorials were graded among the top 15 (11th place in 2008, 13th place in 2009). The 2010-2011 team won all four rounds in the preliminary stages and was ranked 8. The team went to compete in the advanced rounds and for the first time in the school's history has made it to the quarter-finals. Their written memorials were ranked among the top 10 best written submission (10th place). The 2011-2012 team continued this tradition of success, finishing the preliminary rounds in 7th place and its written submissions being ranked 6th. Most recently, the 2012-2013 team equalled the University's record by reaching the quarter-finals of the competition – losing to the competition finalists – in a year in which over 550 institutions around the world participated. For the first time, all the University's oralists eligible for ranking finished in the top 50: David Zlotogorski (36), Ori Pomson (36) and Maya Freund (41). Competition organizers and judges have been repeatedly and deeply impressed by the excellent performance of Hebrew University students.
For more information, see the Jessup site: http://www.ilsa.org/jessup
Hebrew University Teams
Hebrew University Jessup teams consist of 4 to 5 specially selected students from the Faculty of Law, who spend the year receiving intensive training in International Law. Particular attention is paid to improving research, writing, and litigation skills of contestants under the tutelage of Adv. Tal Mimran and Ori Pomson (2013-2014).
After committing themselves to a period of substantial research during the fall semester, the Jessup team prepares written memorials addressed to the International Court of Justice based on the competition’s case (the Compromis). The team then presents oral arguments at the Regional Competition in Tel Aviv, which takes place in February of the competition year. The team who wins the Regional Competition proceeds to the International Rounds in Washington D.C.
If you are interested in pursuing an opportunity to partake in Jessup please contact Ori Pomson at: ori.pomson@mail.huji.ac.il
The Current Team 2014-2015
Coaches: Adv. Tal Mimran and Ori Pomson
| Talila Devir
Talila is a second year student in the joint law and international relations program at the Hebrew University. For the past year and a half, Talila has been volunteering at the Jerusalem centre for assisting refugees and asylum seekers in realising their rights. Talila studied for two years at an international high school in Costa Rica which is part of the United World College education movement. During these two years, Talila volunteered in a number of programs, including clown care in Nicaragua, providing sports activities for persons with disabilities through the Special Olympics program and teaching Hebrew at the international school. Talila did her military service in a unit in the intelligence branch and also served as a commander in an advanced training course. During her service, Talila volunteered in providing educational assistance in the Mesila centre. |
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| Tamar Drori
Tamar is a second year student in the joint law and international relations program at the Hebrew University. Tamar studied at the Mevo’ot Irron school, where she participate in the “Eina’im Aherot” program for promoting strengthening of ties between Jewish and Arab youths, which included her participating in delegation to New York. In addition, Tamar volunteered in the Magen David Adom organisation. Tamar served in the IDF Spokesperson Brigade, where she worked in the printed press department and alongside the most senior journalists and editors in Israel. Following her military service, Tamar volunteered for a number of months in a children’s centre in Arusha, Tanzania. In her first year at the Hebrew University, Tamar participated in the Model United Nations society and represented it in competitions. Additionally, Tamar participated in the Department of International Relation’s debate society. |
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| Danny Rosenblatt
Danny is a third year student in the law faculty. He emigrated from the United States after high school, and following army service completed his bachelor’s degree in history at Bar Ilan University before commencing his legal studies at the Hebrew University. He represented the faculty at the annual European International Model United Nations (TEIMUN) in The Hague during his second year, where he was awarded best delegate. Danny currently serves as a member of the editorial board of Israel Law Review. |
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| Daniel Shil Szriber
Daniel is an LL.M. student specialising in international law. Daniel graduated from the Law School of the Pontifical Catholic University of São Paulo, Brazil. During his studies, he worked as an intern in different Brazilian law offices specialising in commercial law, M&A and arbitration. Additionally, as an undergraduate student, Daniel took part in the Willem C. Vis International Commercial Arbitration Moot as a researcher, speaker and assistant coach. Daniel was also a co-founder and the first vice-president of the Brazilian Association of Arbitration Students (ABEARB). |
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Nir Weintraub
Nir is a third year student at the Law Faculty and has received bachelor’s degrees in international relations and communication. Nir was born in Jerusalem and lived in the United States until the age of 10, when he returned to Jerusalem and where he has been living ever since. Nir did his military service in the Kfir Brigade. During his international relations studies, Nir participated in the International Committee of the Red Cross’ international humanitarian law competition, and two years later coached the Hebrew University team in this competition. Additionally, Nir worked as a teaching assistant in Hebrew University Department of International Relations’ international law course. Nir is currently a member of the Israel Law Review editorial board and has been active in the Law Faculty’s clinic for the rights of persons with disabilities. Nir also works in legal firm which focuses on constitutional and administrative law, in addition to being a research assistant on labour law in the Faculty. |
The Current Team 2013-2014
Coaches: Adv. Tal Mimran and Ori Pomson
| Gali Rosenstein
Gali is a second year student in the law and English literature program. Additionally, she is the deputy head of the Yerushalmiyot women's empowerment organisation and works in the Foreign Ministry's situation room. During her first year, Gali volunteered in the Yotzim Laderch ("Embarking") project, assisting former ultra-orthodox students. Gali served for five years as an officer and a first lieutenant commander in the Army Spokesperson unit, and later in the International Intelligence Cooperation unit. Gali previously volunteered for a year on behalf of the Scouts movement in the moshava of Yavniel and she also participated as a counsellor and in the movement's activities. She partook in a number of youth delegations to the United States on behalf of the Scouts, her school and the Tel Aviv municipality. |
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| Nitzan (Fisher) Conforti
Nitzan is a second year law student. Nitzan was born in Israel and lived in Los Angeles during her youth, where, in high school, she studied in a program for excellency in English literature and history. She began her army service in 2008, where she served in Army Radio and finished the Army Station journalists' course with excellence. During here four and a half years of service, Nitzan an international news correspondent and editor for Army Radio and she was also editor for the current affairs and news programs. She is married to Itamar. |
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| Nuphar Gafni
Nuphar is a second year law and business administration student at the Hebrew University. During high school, Nuphar was a councillor in Maccabi T'zair youth movement and was an active member of the Seeds of Peace organisation. Nuphar completed her army service as an officer in the Intelligence Corps and discharged as a 2nd lieutenant. As a student, Nuphar represented the Law Faculty in the annual Model United Nations in Szeged, Hungary and was awarded with the prize for the "best delegation" with her teammates. Nuphar also volunteered in a student project that supports and assists former ultra-orthodox students in their studies. |
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| Shai Luchtenstein
Shai is a third year law student. He is 26 years of age and grew up in Ramat Hasharon. Shai served as an officer in a recon unit of the IDF armoured corps. During his university studies, he participated in the legal clinic for disability rights and in the European International Model United Nations (TEIMUN) in The Hague. Shai also served as a tutor in the assistance program for students who are not fluent in Hebrew. |
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Tomer Treger
Tomer is a second year law and English literature student. In his youth, Tomer studied at the International School in Bangkok, Thailand. Later, Tomer continued to be more interested and active in international affairs and was involved in the Seeds of Peace organisation in the United States and the Tevel b'Tzedek ("The Earth – in Justice") organisation in Nepal. During his first year of studies, Tomer participated in the Hebrew University's Model United Nations program and represented it in competitions. He served for four years in an elite IDF combat unit. Tomer currently translates poetry and literary texts and volunteers in an organisation for empowering youth in east and west Jerusalem. |
ICC
The International Criminal Court, as the first permanent institution set up to try alleged perpetrators of the most horrific crimes against humanity, has drawn much interest amongst lawyers and non-lawyers alike. Nowhere is this more appropriate than amongst the lawyers and policy makers of the future. Thus, theInternational Criminal Law Network (ICLN) has developed the ICC Trial Competition. While there exist a number of established moot court competitions, the ICC Trial Competition is unique in its direct focus on ICC proceedings and international criminal law. In 2011, the International Criminal Court also recognized the ICLN ICC Trial Competition as the only official English International Criminal Court moot court competition in the world. The competition gives a wide scope of advocacy in allowing students not only to take on the role of prosecutor or defence counsel, but also that of victims' counsel. The judges are established and highly respected practitioners in the field of international criminal law and are comprised of both lawyers and internationally renowned judges from the ICC and ICTY themselves.
The purpose of the ICC Trial Competition is threefold:
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To allow top law students worldwide to improve their knowledge of international criminal law in practice, and in particular, the ICC and its proceedings.
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To provide students with the opportunity to become familiar with world-famous institutions in The Hague such as the ICC, the ICTY, the OPCW, the International Court of Justice and the Peace Palace Library.
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To enhance knowledge about the Rome Statute within countries that have yet to ratify it, by providing the top legal minds of the future from both Member and non Member States an opportunity to learn more about the ICC.
Links
Think Tanks
BESA Center for Strategic Studies (Bar-Ilan University)
Harry S. Truman Institute for Peace (Hebrew University)
International Policy Institute for Counter-Terrorism (ICT)
Israel Democracy Institute
Israel Policy Forum
Jaffee Center for Strategic Studies (Tel Aviv University)
Jerusalem Center for Public Affairs
Jewish Institute for National Security Affairs
Jewish People Policy Planning Institute (JPPPI)
Leonard Davis Institute For International Relations
Myers-JDC-Brookdale Institute
Present Tense Institute for Creative Zionism
http://creativezionism.weebly.com
Tami Steinmetz Center for Peace Research (T.A.U.)
Taub Center for Social Policy Studies in Israel
Washington Institute for Near East Policy
Research on international law
ASIL Guide to Electronic Resources for International Law
http://www.asil.org/resource/humrts1.htm#Section5
United Nations Treaty Collection
International Law Commission
Electronic Information System for International Law
European Society of International Law
http://www.esil-sedi.eu/english/
American Society of International Law
Harvard International Law Journal Online
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
http://www.mpil.de/ww/en/pub/news.cfm
Lauterpacht Centre for International Law, Cambridge
Jean Monnet Program at NYU
http://www.jeanmonnetprogram.org/
Institute for International Law and Justice at NYU
Erik Castrén Institute of International Law and Human Rights, Helsinki
Jus Cogens: Recent Developments in International Law: http://www.juscogens.net/
Journals of international law
International Law Reporter
http://ilreports.blogspot.co.il/
Oxford Journals
http://www.oxfordjournals.org/subject/law/
Cambridge Journal of International and Comparative Law
Wiley- General and Introductory Law
http://eu.wiley.com/WileyCDA/Section/id-351021.html
Human Rights Review
http://link.springer.com/journal/12142
The International Journal of Human Rights
http://www.tandfonline.com/loi/fjhr20
Kluwer Law Online journals
Israel
Israel’s Supreme Court
http://www.court.gov.il/heb/home.htm
Israel Ministry of Foreign Affairs
President of Israel
http://www.president.gov.il/defaults/default_en.asp
Israal Government Portal:
Israel Defense Forces
Bank of Israel
Israel's Ministry of Trade
Israel's State Comptroller and Ombudsman
http://www.mevaker.gov.il/serve/site/english/index.asp
Israel's Central Bureau of Statistics
Manufacterers Association of Israel
Israel Export and International Cooperation Institute
European Forum at the Hebrew University: Links to Government and Official Bodies and Research and Education in Israel
Economic law
World Trade Organization
2012 WTO news
http://www.wto.org/english/news_e/news_e.htm
World Bank
International Centre for Trade and Sustainable Development
International Development Research Centre
Organisation for Economic Co-operation and Development
United Nations Conference on Trade and Development
International Economic Law and Policy Blog
http://worldtradelaw.typepad.com/
Trade Law Center for Southern Africa
ASIL International Economic Law Interest Group
European Union
External Trade
http://ec.europa.eu/trade/
ישרדISERD
האיגוד הישראלי ללימודי אירופה
אתר הפורום האירופי של האוניברסיטה העברית
Friedrich Ebert Stiftung: עלון היחסים העסקיים בין האיחוד האירופי לישראל
http://www.fes.org.il/hebrew/israel_eu.asp
European Law Blog
International Courts and tribunals
Project on International Courts and Tribunals
International Court of Justice
International Criminal Court:
International Tribunal for Law of the Sea
Permanent Court of Arbitration
European Court of Human Rights
International Criminal Tribunal for the Former Yugoslavia:
International Criminal Tribunal for Rwanda:
Special Court for Sierra Leone
Extraordinary Chambers in the Courts of Cambodia:
http://www.eccc.gov.kh/english/
Iraqi Special Tribunal
Blogs on international law
International Law Reporter
http://ilreports.blogspot.co.il/
Lawfare
Opinio Juris
Legal Theory Blog
http://lsolum.typepad.com/legaltheory/
Kenneth Anderson Laws of War and Just War Theory:
http://kennethandersonlawofwar.blogspot.com/
IntLawGrrls: Voices on international law, policy, practice:
http://intlawgrrls.blogspot.com/index.html
ECJ Blog
EU Law and Politics
http://bloggingabouteulawandpolitics.blogspot.com/
EU Lawblog
http://eulawblogger.blogspot.com/
Georgetown International Law Blog:
http://explore.georgetown.edu/blogs/?BlogID=2
International Crimes Blog:
http://www.internationalcrimesblog.com/
International Environmental Law Blog:
http://lawprofessors.typepad.com/intlenvironment/
Comparative Law Blog
http://comparativelawblog.blogspot.com/
International Economic Law and Policy Blog
International Humanitarian law
ALMA - Association for the Promotion of International Humanitarian Law
http://www.alma-ihl.org/
Treaties and Customary Law
http://www.icrc.org/eng/war-and-law/treaties-customary-law/index.jsp
ICRC- What's new?
http://www.icrc.org/eng/home/whats-new/index.jsp
ICRC- Annual Report
http://www.icrc.org/eng/resources/annual-report/index.jsp
International Committee of the Red Cross:
International Humanitarian Law Research Initiative
Human Rights Law
Human Rights Library
Environmental Law
ASIL Guide to Environmental Law
http://www.asil.org/resource/env1.htm
Multilaterals Project, Fletcher School
http://fletcher.tufts.edu/multilaterals.html
Globelaw
United Nations Environment Programme
Commission for Environmental Cooperation
Intergovernmental Panel on Climate Change
European Commission: Environment Directorate General
http://ec.europa.eu/dgs/environment/index_en.htm
European Environment Agency
European Environmental Law
OECD: Environment Directorate
http://www.oecd.org/department/0,3355,en_2649_33713_1_1_1_1_1,00.html
OAS: Sustainable Development and Environment
UN: Division for Sustainable Development
UN: Food and Agriculture Organization
International Atomic Energy Agency
World Bank: Environment
http://go.worldbank.org/B28KB6VQQ0
World Meteorological Organization
Asia-Pacific Center for Environmental Law
Pace Virtual Environmental Law Library
http://www.law.pace.edu/environment/VEL.html
Greenpeace
International Organizations
United Nations
UN News Centre
European Union
International Monetary Fund
Asia Pacific Economic Cooperation (APEC):
Association of South East Asian Nations (ASEAN):
Organization of American States -OAS:
Amnesty International
World Health Organization
International Maritime Organization
International Organizations
Italy's Diplomatic and Parliamentary Practice on International Law
Thanks
We thank the following funds:
Dr. Emilio von Hofmannsthal Fund
Hersch Lauterpacht Fund
Bruce W. Wayne Chair Fund
Digest of Israeli Practice in International Law
Digest of Israeli Practice in International Law
Project Outline, December 2020
- A Digest of Israeli Practice in International Law is being prepared for publication by the International Law Forum (ILF) of the Faculty of Law of the Hebrew University of Jerusalem with the support of the Ministry of Justice (MOJ) and Ministry of Foreign Affairs (MFA). The research team preparing the Digest is led by Prof. Yaël Ronen. It is overseen by an Advisory Board, members of which are Prof. Malcolm Shaw, Prof. Yuval Shany and Prof. Yaël Ronen on behalf of the ILF; Dr. Tal Becker from the MOJ or a member nominated on his behalf; and Dr. Roy Schöndorf from the MOJ or a member nominated on his behalf.
- The Digest project aims at generating a series of publications containing official documents reflecting Israel’s practice and opinio juris in international law. Each volume in the series will cover one decade from 1948 onwards.
- The Digest will include primarily documents of the following categories, insofar as they explicitly refer to international law and/or clearly reflect Israel’s practice in, or views on, international legal issues:
- treaties signed or ratified by Israel (and relevant reservations and declarations).
- primary and secondary legislation;
- government decisions;
- official legal memos;
- statements by state officials (including explanations of votes in international organisations);
- official correspondence with foreign governments and international organisations;
- court decisions and, where relevant, legal submissions to international and national courts.
- The Digest will be structured on the basis of the model plan for classification recommended by the Council of Europe Committee of Ministers (Rec. R (97) 11, 12 June 1997) (see Annex). Documents originally in English will be reproduced in part or in full, in English. Documents originally in Hebrew will be either translated into English or summaries thereof presented.
- The first volume of the Digest will include practice in the years 1948-1957 and will be compiled over the course of 2021-2022. Subsequent volumes will cover the following decades. The material will be made publicly accessible on a dedicated website. The various volumes will be submitted for publication with an international publisher.
Survey of Israeli Practice Relating to the COVID-19 Pandemic, in light of international law
Compiled by Prof Yaël Ronen
Updated 27 June 2021
Contents
Entry into and exit from Israel
Foreigners
Diplomats
Nationals and permanent residents
Israel
West Bank and Gaza
West Bank
Gaza
Israel
West Bank
| Corona Digest | 460 KB |
Survey of Israeli Practice Relating to the COVID-19 Pandemic, in light of international law
Compiled by Prof Yaël Ronen
Updated 27 June 2021
Contents
Entry into and exit from Israel
Foreigners
Diplomats
Nationals and permanent residents
Israel
West Bank and Gaza
West Bank
Gaza
Israel
West Bank
| Corona Digest | 460 KB |
Domestic legal framework
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General: The Government of Israel (GoI) has not declared the existence of a state of emergency with respect to the applicability and implementation of international legal instruments to which it is party specifically following the outbreak of the COVID-19 pandemic, nor derogated from its obligations under the ICCPR. However, it relied on various emergency powers under domestic law to regulate a variety of aspects of the legal response to the COVID-19 crisis in a manner that involves limitations on the enjoyment of various human rights.
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Emergency powers: On 27 January 2020 the minister of health declared the Novel Coronavirus 2019-nCoV (COVID-19) to be a ‘dangerous contagious disease that creates a severe danger to public health’. [1] Under the Public Health Ordinance of 1940, [2] this declaration empowers the minister of health and officials in the ministry of health to take special measures for addressing a danger emanating from a declared contagious disease that threatens any part of Israel. These measures included ordering self-isolation, restrictions on gatherings, restrictions on movement and forced hospitalisation, wearing of masks in public, and sanctions for failure to comply with the various instructions.
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State of Emergency: On 15 March 2020 the GoI began relying on its power to promulgate emergency regulations during a State of Emergency (that have the force of primary legislation). [3] A declaration of a State of Emergency has been in effect in Israel since its establishment in 1948. The state of emergency allows the government to adopt regulations that supersede parliamentary legislation. The legislation that empowers the Knesset to declare a state of emergency does not define what constitutes an ‘emergency’. [4]
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State of Emergency legislation: On 23 June 2020 emergency regulations were adopted by parliamentary legislation. [5] On 23 July 2020 they were substituted by comprehensive parliamentary legislation, when the Knesset adopted the Special Powers for Treating the Novel Coronavirus (Temporary Provision) Law, 2020, in effect until 30 June 2021 (hereafter ‘Temporary Provision Law’). [6] According to the Law, the Government may declare an State of Emergency due to Coronavirus (SEdC) if it is convinced that there is a real risk of a broad spread of the COVID-19 and a significant harm to public health, which require action under the law. The Knesset may annul a declaration of SEdC. During a SEdC the government may promulgate regulations to prevent contagion or reduce the spread of the virus, reduce morbidity or protect vulnerable population. Such regulations are in force for up to 28 days and may be extended periodically. They too require parliamentary approval. The regulations may include restrictions on distancing from private homes, subject to various exceptions; social distancing; closure of businesses; closure of educational institutions; and restrictions on public and private transport. They may be adopted only for the time and to the extent required for these purposes, following considerations of alternative, their effect on rights and on the economy. Upon the adoption of the Temporary Provision Law a declaration on a SEdC came into force for 45 days ,[7] which has since been extended periodically, under parliamentary approval. [8]
- Special State of Emergency: On 30 September 2020 the Knesset amended the Temporary Provision Law to introduce a ‘Special State of Emergency due to COVID-19’ (SSE), [9] which the government may declare if, during the period of a SEdC it is convinced that there is a broad spread of COVID-19 which causes a severe harm to public health, and there are already full restrictions. Such a declaration may be in force for up to 7 days, and may be extended for up to 21 days altogether; or longer, with parliamentary approval. During a period of an SSE the government may adopt further restrictions over those applicable in a SEdC.
GA resolutions on the COVID-19 pandemic
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A/RES/74/270: Global solidarity to fight the coronavirus disease 2019 (COVID-19) (3 April 2020): Israel co-sponsored the draft resolution,[10] which was subsequently adopted through the silence procedure.
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A/RES/74/274: International cooperation to ensure global access to medicines, vaccines and medical equipment to face COVID-19 (20 April 2020): Israel co-sponsored the draft resolution,[11] which was subsequently adopted through the silence procedure
- A/RES/74/306: Comprehensive and coordinated response to the coronavirus disease (COVID-19) pandemic (11 September 2020): [12] Israel voted in favour of paragraph 7 of draft resolution A/74/L.92 (relating to reproductive rights) and abstained on its paragraph 34 (on considering COVID-19 experience in enhancement of global transport).[13] Israel voted against the amendment in draft resolution A/74/L.93 [14] It then voted against the adoption of the draft resolution as a whole. It explained its vote as follows:[15]
We believe that the text put forward by the co-facilitators was a comprehensive and balanced one. We were disappointed by the amendment put forward on paragraph 20 of the draft omnibus resolution, which threatened the delicate balance in the text achieved by the co-facilitators, and we therefore voted against the resolution. …. Israel remains committed to working together with the international community in the fight against the coronavirus disease.
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A/RES/74/307: United response against global health threats: combating COVID-19 (11 September 2020): Israel co-sponsored draft resolution A/74/L.57 and voted in favour of it, resulting in Resolution 74/307.[16]
- A/RES/75/4: Special session of the General Assembly in response to the coronavirus disease (COVID-19) pandemic (5 November 2020): Israel abstained in the vote on a proposed amendment relating to speakers at the opening of the special session.[17] Israel proposed an amendment to the operative provisions on participation in the special session so that instead of referring to ‘Member and Observer States, the European Union’, and ‘each Member State, Observer State, and the European Union’, they would refer to ‘Member State and observers of the General Assembly’.[18] It further voted against a proposed oral amendment by the US to delete reference to the role of the WHO in the response to COVID-19.[19] Following the rejection of its proposed amendment, Israel abstained in the vote on the draft resolution as a whole,[20] stating that it[21]
regrets having had to abstain on the modalities resolution today (resolution 75/4). We would have preferred to vote in favour but could not do so due to the political pressure that prevented the resolution from using the agreed participation formula. We therefore dissociate from operative paragraphs 3(c) and 4(a).
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A/RES/75/17: International cooperation to address challenges faced by seafarers as a result of the COVID-19 pandemic to support global supply chains (1 December 2020): Israel joined in the adoption of the resolution without a vote.[22]
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A/RES/75/156: Strengthening national and international rapid response to the impact of the coronavirus disease (COVID-19) on women and girls (16 December 2020).[23]
- A/RES/75/157: Women and girls and the response to the coronavirus disease (COVID-19) (16 December 2020).[24] Israel co-sponsored the resolution at the 3rd committee.[25]
[1] Order on a Dangerous Contagious Disease Under the Public Health Order (27 January 2020) https://www.nevo.co.il/law_word/law10/yalkut-8659.pdf.
[3] Emergency Regulations (Novel Coronavirus – Enforcement), 2020,
[4] Basic Law: The Government, ss 38, 39. The declaration is extended periodically. It was last extended by Knesset approval on 3 June 2020, until 11 September 2021, https://www.nevo.co.il/Law_word/law10/yalkut-9606.pdf.
[7] Special Powers for Combatting the New Coronavirus (Temporary Provision), 2020 s 51.
[8] https://www.nevo.co.il/law_word/law10/yalkut-9082.pdf (6 September 2020 extension from 7 September to 6 November 2020), https://www.nevo.co.il/law_word/law10/yalkut-9340.pdf, https://m.knesset.gov.il/activity/committees/huka/news/pages/press301220.aspx (23 December 2020 extension from 3 January to 3 March 2020), https://www.nevo.co.il/law_word/law10/yalkut-9459.pdf (3 March extension until 1 May), https://www.nevo.co.il/law_word/law10/yalkut-9584.pdf (3 May 2021 extension until 29 June 2021).
[9] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision), 2020 (Amendment No 2) (30 September 2020) https://www.nevo.co.il/law_word/law14/law-2860.pdf.
[10] UN Doc A/74/L.52/Add.1 (2 April 2020) https://undocs.org/en/A/74/L.52/Add.1.
[11] UN Doc A/74/L.56/Add.1 (20 April 2020) https://undocs.org/A/74/L.56/Add.1.
[12] UN Doc A/74/L.92, adopted 169-2-2 (Israel voting against), UN Doc A/74/PV.64.
[13] UN Doc A/74/PV.64 p 6.
[14] UN Doc A/74/L.93 (adopted 84-13-60), ibid. The proposal replaces the wording in para 20, from ‘Calls for the urgent removal of unjustified obstacles, in order to ensure the universal, timely and equitable access to, and fair distribution of, all quality, safe, efficacious and affordable essential health technologies and products, including their components and precursors, that are required in the response to the COVID-19 pandemic;’ to ‘Strongly urges States to refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law and the Charter of the United Nations that impede the full achievement of economic and social development, particularly in developing countries;’. The amendment was perceived as directed against US sanctions against Iran, https://healthpolicy-watch.news/united-nations-general-assembly-adopts-resolution-calling-for-holistic-covid-19-response-united-states-israel-vote-against-the-bloc/.
[15] Adopted 122-0-31 UN Doc A/74/PV.64 p 9.
[16] UN Doc A/74/PV.64 p 30-31.
[17] Proposed amendment UN Doc A/75/L.12 (4 November 2020), voting recorded in UN Doc A/75/PV.21 p 10.
[18] Israel’s proposed amendment UN Doc A/75/L.13 (4 November 2020), https://undocs.org/A/75/L.13 introduced in UN Doc A/75/PV.21 p 7, voting recorded ibid p 10.
[19] voting recorded ibid p 11.
[20] Draft resolution UN Doc A/75/L.8 adopted 150-0-03.
[21] UN Doc A/75/PV.21 p 14.
[22] UN Doc A/75/PV.32 p 5.
[23] UN Doc A/75/471 para 15 https://undocs.org/en/A/75/471. Israel objected to proposed amendments. The draft resolution UN Doc (A/C.3/75/L.6/Rev.1) as a whole was adopted without a vote in the third committee; in the UNGA adopted without a vote (16 December 2020), UN Doc A/75/PV.46.
[24] UN Doc A/75/PV.46 adopted without a vote.
[25] UN Doc A/75/471 para 18, https://undocs.org/en/A/75/471. It objected to some of the proposed amendments. Draft Resolution UN Doc A/C.3/75/L.13/Rev.1 was adopted without a vote in the third committee; in the UNGA adopted without a vote (16 December 2020), A/75/PV.46.
World Health Organisation
- Notification under the International Health Regulations: On 27 January 2020 the Minister of Health added the ‘Novel Coronavirus 2019-nCoV infection’ to the list of diseases of international importance that require immediate notification under the WHO’s International Health Regulations (2005).[1]
WHO standards and guidelines:
-
At the WHO Executive Board session Israel stated: ‘The WHO’s publishing of hundreds of COVID-19 related guidance materials have been invaluable to Israel and our partners in managing our pandemic response, and the transparent, evidenced-based information has been especially important’.[2]
- CAPSCA: Israel is a member of CAPSCA (a voluntary cross-sectorial, multi-organizational collaboration programme managed by ICAO in partnership with the WHO, to combine efforts to improve preparedness planning and response to public health events that affect the aviation sector).
[2] WHO, ‘Statement by Israel, COVID-19 Response and WHO’s Work in Health Emergencies (Item 14.1 and 14.2), WHO Executive Board 148th Session’ 18-26 November 2020 https://mfa.gov.il/MFA/InternatlOrgs/Documents/EB148-Item14-COVID19%20Response_Israel.pdf.
Aviation
Entry and exit through airports
-
On 13 August 2020 the GoI adopted regulations regarding requirements on operating airports and flights for the prevention of COVID-19 contagion.[1]
-
On 25 January 2021 the GoI amended the regulations to prohibit the entry of foreign passenger aircrafts other than in exceptional situations.[2]
-
On 6 February the GoI amended the regulations prohibiting entry or exit of public (scheduled) flights (of persons holding exit or entry permits) other than by Israeli flight operators.[3] This provision was rescinded two weeks later.[4]
- As of 16 March 2021, flight slots for public flights are to be allocated to the extent possible inter alia equally among flight operators servicing the various destinations decided on.[5]
Compensation for flight cancellations (relating to Montreal Convention 1999, art 22(1))
- On 13 July 2020 the Knesset adopted legislation[6] that reduces the liability of airlines for flight cancellation or for deviation of more than 8 hours from schedule (ahead or behind). This liability includes for assistance services, refund or an alternative flight, and compensation for the inconvenience. The law reduces the liability so as to ensure the financial viability of airlines.[7]
Health standards in aviation:
- Reliance on European standards: On 13 August 2020 the GoI adopted regulations on restrictions on entry into airport terminals and movement within them, check-in, restrictions on boarding, maintenance of cleanliness and sterilization, physical conditions on board, inflight service and data collection. The regulations require operators of international airports and operators of airline carriers to adopt work procedures and methods in compliance with the regulations that would comply, inter alia, be ‘as far as possible, with due regard to’ the EASA Guidance on Management of Crew Members in Relation to the SARS–CoV–2 Pandemic, the COVID–19 Aviation Health Safety Protocol, and the EASA Interim guidance on Aircraft Cleaning and Disinfection in relation to the SARS–CoV–2 Pandemic. The regulations also adopt the EASA Interim Guidance on Aircraft Cleaning and Disinfection in Relation to the SARS–CoV–2 Pandemic as the standard for cleaning and sterilising airline carriers.[8]
Alleviations to national regulations relating to international aircraft standards and recommended practices:
-
In accordance with Article 38 of the Chicago Convention and temporary exemptions and exceptions as described in the Safety Oversight Manual (Doc 9734), Israel informed ICAO of the following COVID-19 related alleviations with regard to core and extended standards, necessary to maintain aviation operations during the COVID-19 pandemic:[9]
-
Standard 1.2.4.4.1: In accordance with emergency regulations (new Corona Virus) (extension of validity period and postponement of dates), 2020, the validity period of airmen medical certificates issued by the CAAI whose validity period end on the dates between 10 March 2020 and 10 May 2020 is automatically extended by two months from the final date expiry of the individual medical certificate. Israel shall recognize differences filed by other states as long as long as they are within the guidelines presented in the Israeli details of difference and mitigations.
-
Standard 9.4.1.1: Exemption FSD-153-2020 granted to Israel-certified airline El Al allows crew members to be assigned to operate at the flight controls despite not having met the recent experience requirements of the standard, provided the following conditions are met: 1) the flight crew member operating the controls has conducted, either 3 take-offs and 3 landings within the preceding 120 days, or one take off and one landing within the preceding 30 days, in an aircraft of the same type or in a flight simulator approved for the purpose. A flight crew member who has been active in the preceding 120 days, but who does not meet the above conditions, may regain their qualification by conducting a take off and landing under the supervision of a company check airman. 2) The flight crew member is not considered "inexperienced" under the company's procedures. 3) The other flight crew member assigned to the take-off and landing meets the requirements of the standard. 4) The Pilot-in-command has accumulated 5,000 hours of flight experience in large airplanes, at least 100 of which on an aircraft of the same type being operated.
-
Rationale and conditions/mitigations: Minimization of regular flight schedule and lack of domestic access to approved simulators requires alleviation to the recent experience requirements, provided the following conditions are met: 1) The exemption is granted until 30/11/2020, unless otherwise suspended. 2) A risk assessment and mitigation activities are conducted for the operations under the Air operator's SMS. Israel shall recognize differences filed by other states as long as they are within the guidelines presented in the Israeli details of difference and mitigations.
- Standard: 9.4.4.1: Exemptions granted to Israeli Air carriers (certified under chapter 13 of IANR.OPS) allow extension of the validity of a proficiency check for a period of four months after its individual expiry for each individual flight crew, provided the following is met: 1) The flight crew member has received refresher training, followed by the completion of an assessment by means established by the operator to determine that the required level of knowledge to operate the applicable class or type is maintained. That assessment shall include class – or type – specific abnormal and emergency procedures, and shall be approved by the CAAI rationale and conditions/mitigations: Lack of domestic access to approved simulators requires temporary extension of proficiency check validity provided the mitigation measures provided in the exemption are taken, and subject to the operation meeting the following conditions: 1) The exemption is granted until 30/11/2020, unless otherwise suspended. 2) A risk assessment and mitigation activities are conducted for the operations under the Air operator's SMS. Israel shall recognize differences filed by other states as long as they are within the guidelines presented in the Israeli details of difference and mitigations.
[1] Special Authorities for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights), 2020.
[2] Special Authorities for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment No 8), 2020 https://www.nevo.co.il/law_word/law06/tak-9116.pdf.
[3] Special Authorities for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment No 10), 2020 https://www.nevo.co.il/law_word/law06/tak-9154.pdf.
[4] Special Authorities for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment No 12), 2021, https://www.nevo.co.il/law_word/law06/tak-9192.pdf.
[5] Reg 1A(d)(3) as amended by Special Authorities for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment No 14), 2021.
[6] Flight Services Regulations (Compensation and Assistance following Cancellation of a Flight or Change of its Terms) (New Coronavirus - Temporary Provision) (13 July 2021), amended and published the following day in Flight Services (Compensation and Assistance following Cancellation of a Flight or Change of its Terms) (New Coronavirus - Temporary Provision - Amendment) (14 July 2021), https://www.nevo.co.il/Law_word/law14/law-2826.pdf. For an updated version of the law see https://www.nevo.co.il/law_html/law01/500_707.htm.
[7] Flight Services Regulations (Compensation and Assistance following Cancellation of a Flight or Change of its Terms) (New Coronavirus - Temporary Provision - Amendment) (14 July 2021), Explanatory Note, https://www.nevo.co.il/Law_word/law14/law-2826.pdf.
[8] Special Powers for Combatting the Novel Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights), 2020, regs 2(2)(b), 11(2)(b), 17(c), 15(c), https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.nevo.co.il%2Flaw_word%2Flaw01%2F502_342.doc&wdOrigin=BROWSELINK.
[9] ICAO, COVID-19 Contingency Related Differences (CCRD) / Electronic Filing of Differences (EFOD) (2 March 2021) https://www.icao.int/safety/COVID-19OPS/Documents/state.pdf.
Trade
Measures affecting trade in intellectual property rights (relating to TRIPS)
-
Use without authorisation of right holder: On 18 March 2020, Israel's minister of health issued a permit to the Emergency Department at the Ministry of Health and to K.S. Kim International Ltd., to exploit a patent-protected invention by importing generic versions of lapinovir/ritonavir manufactured by Hetero in India, for the purpose of treating COVID-19 patients. The Permit states that ‘[t]he said exploitation is necessary for the maintenance of essential supply or services.[1]
- Israel's Patent Authority fast-tracked LPV/r's approval, along with seven other medicines for the treatment of COVID-19.[2]
Measures affecting trade in goods (relating to GATT Articles XI:2(a) XX(b))
-
Temporary export licensing requirements on medical equipment: on 6 May 2020 Israel informed the WTO of temporary export licensing on requirements on medical equipment (eg alcohol, face masks, medical oxygen, swabs, personal cleaning products containing ethyl/isopropyl alcohol, disinfection products, artificial respiration devices) (HS 2207; 2208; 2804.40; 3005; 3402.20; 3808.90; 6210; 6307.90; 8413; 8414; 8481.80; 9018; 9019.20; 9020), due to the COVID-19 pandemic, effective until 30 May 2020.[3]
-
Temporary export licensing requirements on medical equipment: on 16 June 2020 Israel informed the WTO oftemporary export licensing requirements on medical equipment (eg alcohol, swabs, personal cleaning products containing ethyl/isopropyl alcohol, disinfection products, face masks, artificial respiration devices, and respirators) (HS 2207; 2208; 3005; 3402.20; 3808.90; 6307.90; 9019.20; 9020), due to the COVID-19 pandemic, effective until 15 October 2020.[4]
- New temporary export licensing scheme: on 30 October 2020 Israel informed the WTO of a new temporary export licensing scheme, eliminating export licensing requirements for respiratory machines, and new export licensing requirement for a number of COVID-19 tests products (HS 2207; 2208; 3002.15.90; 3005; 3402.20; 3808.90; 3822.00.90; 3923.30.90; 3923.90.00; 4015.19.00; 6307.90), effective until 30 November 2020.[5]
Measures taken in the Agricultural sector
- Israel adopted emergency regulations in order to reduce the infection and the virus spread. According to the notification ‘[a]gricultural production and related industry and services are considered essential and are therefore excluded from these regulations. Services in farms and ports of entry, such as plant protection inspectors and veterinarians, have continued’. In addition, following daily assessment of the availability of fresh agricultural produce, voluntary duty-free TRQs have been temporarily increased to import onions, cucumbers and eggs. The plant protection and inspection services (PPIS) and veterinary and animal health services (IVSAH) have also facilitated imports by accepting official and scanned copies of original phytosanitary or health certificates, as well as e-certifications that can be verified, for specific products and under certain conditions.[6]
Support measures
Israel informed the WTO of COVID-19 temporary support measures as follows:[7]
-
MSME-specific support measure: On 6 April the central bank announced that it will provide the banking system with fixed-rate loans at 0.1% interest rate, for a term of 3 years, with the goal of increasing the supply of bank credit to small businesses. The plan will be in operation until the end of May, and its scope will be NIS 5 billion.
-
MSME-specific support measure: Loan guarantees for SMEs: On 4 May the GoI has expanded the loan fund for SMEs from NIS 8 billion to NIS 14 billion. The GoI guarantees 85% of each loan but guarantees are limited to 15% of overall losses on all loans. Loans have a maturity of up to 5 years, with lower collateral requirements (5%). The first year is interest rate free. The time required for banks to provide credit approval is reduced to 7 working days. Amount: NIS 14 billion.
-
Businesses are able to apply for accelerated depreciation (Double-Declining Depreciation) on equipment purchased for the business from September 1, 2020 to June 30, 2021 (effective 9 November 2020).
-
Arrangements for the distribution of VAT payments of businesses whose turnover in March-December 2020 decreased by more than 25% compared to their turnover in March-December 2019 (effective 2 March 2021).
-
MSME-specific support measure: Tax and payment deferrals (NIS 9 billion). Payment of VAT, municipal taxes, social security contributions, utility payments, government fees have been deferred for SMEs until the end of April (effective 14 April 2020).
-
MSME-specific support measure: Grant for small and medium businesses (up to NIS 400 million turnover) (NIS 12.7 billion as of 3 March 2021), once every two months, from May 2020 to June 2021, of up to NIS 500 000 to cover fixed expenses, Amount: NIS 12.7 billion.
-
MSME-specific support measure: Grant to self-employed (NIS 15.0 billion as of 3 March 2021): A grant of 70% of twice the average monthly taxable income up to NIS 15 000, once every two months, from May 2020 to June 2021, for self-employed that experience a 40% decrease in activity. Amount: NIS 15.0 billion.
- [MSME-specific support measure] State Guarantee Fund for Small Businesses - NIS 8 billion for public loan guarantees to SMEs.
Participation in WTO statements
-
5 May 2020: Israel participated in a Statement on Covid-19 and the Multilateral Trading System.[8]
- 14 May 2020: Israel participated in a Statement on Highlight in the Importance of MSMEs in the Time of COVID-19.[9]
State immunity
In Class Action 2069-04-20 Freedom Watch v People’s Republic of China, the Attorney General submitted an intervening brief (8 November 2020), according to which:[10]
29. On the factual level, the action details a series of acts that the petitioners attribute to the PRC and persons acting on its behalf that have allegedly taken place in the territory of the PRC. According to the legal submission, the petitioners detail that the COVID-19 virus was spread in Israel, but other than a general statement, there is neither claim nor example of a specific event of spreading in Israel by the respondent, and all the claims detailed in the action refer only to acts allegedly carried out in the territory of the PRC. Accordingly, and since the tort exception as defined in the Foreign State Immunity Law does not apply, the respondents are immune to the action…
30. … The tort exception to foreign state immunity from civil action, under Israeli law, and international law and in comparative law, contains a clear requirement that the acts attributed to the foreign government be carried out in the territory of the forum state.
31. Since the action in question does not point to acts carried out by the PRC or anyone on its behalf in the territory of Israel, the PRC, the government authorities in China and officials representing China acting in their capacity enjoy immunity from the action in Israeli courts.
[1] http://freepdfhosting.com/645a6a5b51.pdf. For a comparative practice review see https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/OV23.pdf&Open=True. For non-governmental commentary on the implications of the measures see https://www.pearlcohen.com/the-worldwide-stakes-of-israeli-compulsory-licenses-for-anti-coronavirus-drugs/.
[2] Patents Authority, Notice regarding Fast Tracking examination of Patent Approval Requests relating to treatment of Coronavirus’ http://www.justice.gov.il/Units/RashamHaptentim/news/Pages/Covid19_app.aspx.
[3] WTO Doc G/MA/QR/N/ISR/1 (6 May 2020), WTO, Overview of Developments in the International Trading Environment Annual Report by the Director-General (Mid-October 2019 to Mid-October 2020) (30 November 2020) page 250 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/OV23.pdf&Open=True.,
[4] WTO Doc G/MA/QR/N/ISR/1/Add.1 (16 June 2020), WTO, Overview of Developments in the International Trading Environment Annual Report by the Director-General (Mid-October 2019 to Mid-October 2020) (30 November 2020) page 250 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/OV23.pdf&Open=True.
[5] WTO Doc G/MA/QR/N/ISR/1/Add.2 (30 October 2020), https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/MAQRN/....
[6] WTO Committee on Agriculture, Ad Hoc Report on Covid-19 Measures Taken by Israel in the Agricultural Sector WTO Doc G/AG/GEN/160 (22 June 2020) https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/AG/GEN160.pdf&Open=True and identical report circulated as WTO Doc G/SPS/GEN/1810 by the Committee on Sanitary and Phytosanitary Measures (8 July 2020), https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/GEN1810.pdf; WTO Doc G/AG/GEN/160/Add.1 (17 March 2021), https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/AG/GEN160A1.pdf.
[7] Permanent Delegation of Israel to the WTO (26 March 2021), https://www.wto.org/english/tratop_e/covid19_e/covid_details_by_country_e.htm?country=ISR.
[9] WTO Doc WT/GC/215 (14 May 2020), https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/WT/GC/215.pdf.
[10] Class Action 2069-04-20 Freedom Watch v People’s Republic of China (8 November 2020) paras 29-31,https://www.gov.il/BlobFolder/dynamiccollectorresultitem/90-11/he/2069-04-20.pdf. An identical view was expressed in the Attorney-General’s intervention in Class Action 53469-03-20 Herzliya Association for its Residents v People’s Republic of China (8 November 2020) paras 33-34 https://www.gov.il/BlobFolder/dynamiccollectorresultitem/53469-03-20/he/53469-03-20.pdf.
Entry into and exit from Israel
Foreigners
Entry and sojourn
- Prohibition on entry of foreigners: Since 12 March 2020 non-resident foreign nationals have denied entry to Israel, pursuant to the Minister of Interior decision. Permission to enter was to be considered for foreign nationals who could prove that they have a place and are able to go into a 14-day isolation.[1] On 18 March 2020, the ban was expanded so that foreign nationals were barred even if they have proven the ability to stay in quarantine.[2]
-
Extension of visas: Starting 16 March 2020, the Population and Immigration Authority announced that visas of various types expiring from 12 March 2020 would be automatically extended until 30 June 2020.[3] Additional extensions was later granted until 31 August 2020,[4] and 30 March 2021.[5] Other than in exceptional circumstances,[6] tourist visas (B2) have not been automatically extended.[7] Tourist visas falling within specific categories were extended automatically until 30 June 2020.
- Restrictions on entry: On 5 February 2021 the GoI adopted regulations on entry into and exit from Israel.[8] The regulations prohibit entry by non-resident foreign nationals other than by exceptional permit granted on an enumerated list of 4 grounds.[9] The list exceptions has been modified, for example to allow entry of foreign workers necessary for the purpose of maintaining the functional continuity of the economy.
Exit
- Restrictions on exit for persons required to self isolate: Under regulations of 14 August 2020, persons required to self isolate are not permitted to exit Israel.[10] To ensure this, information was to be transferred from the health systems to the border control systems regarding persons required to self isolate.[11] Foreign nationals leaving Israel before the end of their mandated isolation period without special permission would be in violation of the laws of the State of Israel and would not be approved entry to Israel on their return. A list of states from which entry is entirely prohibited has been modified from time to time.[12]
Diplomats
-
Exclusion from exit restrictions: On 1 October 2020 the regulations limiting exit of non-resident foreign nationals were amended to exclude holders of foreign diplomatic or service passports, diplomatic or service visas, UN travel documents or persons registered in the Ministry of Foreign Affairs as diplomatic or consular staff or officers of international organisations.[13]
-
Family members of international employees (international organisations) who hold a Type 2 residence permit (B2) are required to apply for an extension.[14]
-
Exclusion from travel destination restrictions: On 30 April 2021 the GoI adopted regulations prohibiting exit from Israel to a list of enumerated states, other than by exceptional permit. Israeli Diplomats and holders of foreign diplomatic or service passports, diplomatic or service visas, or persons registered in the Ministry of Foreign Affairs as diplomatic or consular staff were excluded from these regulations.[15]
- Exclusion from border crossing restrictions: From time to time the minister of interior declared the temporary closure of land border crossings. On 5 February 2021 the GoI adopted Regulation restricting exit from Israel through specific land border crossings.[16] Diplomats have since been exempted from these restrictions.[17]
Nationals and permanent residents
- Legislative framework: On 4 February 2021 the Temporary Provision Law was amended,[18] empowering the government to limit, during a SEdC, entry into Israel and exit from it, except for the exit of non-national non-residents. According to the amendment, such limitations may be permitted only if the government is convinced, based on an epidemiological opinion by the ministry of health, relating to morbidity rates outside Israel, that there is an increased risk of arrival of infected persons to Israel, and that their entry may cause a significant exacerbation of the morbidity level in Israel; that there are no alternative means; and only if the government has considered the need for such limitations against the right to entry into Israel and exit from it. The Law establishes an exceptions committee to consider individual cases.
Exit
- Restrictions on exit: On 5 February 2021 the GoI adopted regulations imposing a general prohibition on exit from Israel extending to Israeli nationals and Israeli residents (unless residing abroad), other than by individual permit from an exceptions committee.[19] According to the regulations exit permits could be available on an enumerated list of 7 enumerated grounds.[20] The regulations expired on 20 March 2021.[21]
Entry
- Restrictions on entry: According to the same regulations, no person could enter Israel other than by permit granted by the exceptions committee. Such permits could be available to Israeli nationals or permanent residents, as well as to spouses or parents of Israeli nationals or permanent residents, on an enumerated list of 8 grounds.[22] Over the course of the following month the exceptions were modified.
-
On 18 February 2021 the regulations were amended (effective 21 February) to allow pubic flights to or from New York and Frankfurt, as well as non-public flights receiving permission and required for the takin management of Israel’s foreign relations or national security; for carrying professional sportspersons to an international competitive event; for bringing olim (immigrants eligible for citizenship under Israel’s Law of Return; or required for humanitarian or special reasons. The maximum number of passengers was set at 2000 arrivals and 2000 departures daily.[23]
-
On 7 March 2021 the requirement of entry permit was lifted until 20 March for holders of Israeli passports or laissez passer for permanent residents may enter without prior permit.[24] In addition, persons recovering from COVID-19 or vaccinated were exempted from the requirement of a permit from the exceptions committee.[25] The list of ports of departure and destination was extended to eight locations worldwide, but the number of daily entries and departures remained under quota to be determined according to the air travel outline and to the scope of flights that will be determined by the Ministry of Transportation in coordination with the Ministry of Health. This quota will also include passengers entering through the land border crossings.[26] Non-public flights upon permission were expanded to include travel to Israel of essential foreign workers.[27]
- On 18 March 2021 the Supreme Court sitting as High Court of Justice held that the limitations on entry of Israeli nationals and permanent residents were unconstitutional and could not be extended beyond their expiration date of 20 March.[28]
[3] https://www.gov.il/en/departments/news/visa_extension_16032020 (A5 (temporary residents), B1 general (work visa and general), A1 (provisional status for eligible students), A2 (students / students) and yeshiva students, A3 clerics, A4 (ancillary to A2 and A3)); https://www.gov.il/en/departments/news/visa-extensions-corona (section 2(a)(5)); https://www.gov.il/en/departments/news/extenting_visa_for_volunteers_19032020 (B4 visas); https://www.gov.il/en/departments/news/visa_extension_b1_31032020 (B1 visas).
[4] https://www.gov.il/en/departments/news/reminder_extending_visas_31082020 (A5 (temporary resident), B1 (partners), B1 (humanitarian)).
[5] https://www.gov.il/en/departments/news/autu_visa_extending_0121 (A1 (eligible under the right of return), A2 (students/trainees/interns), A3 (clerics), A4 (ancillary to A2 and A3), A5 (temporary resident), B1 (work visa), B4 (volunteers)).
[7] https://www.gov.il/en/departments/news/visas_questions_coronavirus (2 April 2020).
[8] Special Powers for Combatting the New Coronavirus (Temporary Provision) (restrictions on Exit from Israel and Entry into It) 2021 (5.2.2021)https://www.nevo.co.il/law_word/law06/tak-9147.pdf. The exceptional grounds for entry of nationals and permanent resident included:
[9] These included humanitarian or special personal needs, essential need regarding Israel's foreign relations or security, athletes participating in competitive events and holders of an immigrant visa (oleh) or those eligible for immigration rights (aliyah) and whose immigration (Aliyah) cannot be postponed
[10] Special Powers for Combatting the New Coronavirus (Temporary Provision) (Restrictions on Operating Airports and Flights (14 August 2020) Regulations, reg 30 https://www.nevo.co.il/law_word/law06/tak-8695.pdf. For an up-to-date version of the regulation see https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.nevo.co.il%2Flaw_word%2Flaw01%2F502_342.doc&wdOrigin=BROWSELINK.
[13] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment) (1 October 2020), https://www.nevo.co.il/law_word/law06/tak-8801.pdf.
[15] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel), 2021 (30 April 2021),https://www.nevo.co.il/law_word/law06/tak-9346.pdf.
[16] Special Powers for Combatting the New Coronavirus (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4) Regulations, 2021 (6 March 2021), https://www.nevo.co.il/law_word/law06/tak-9246.pdf.
[17] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (No 2), 2021 (29 March 2021) reg 2 relating to Taba, https://www.nevo.co.il/law_word/law06/tak-9300.pdf.
[18] Section 7A as added by the Special Powers for Combatting the New Coronavirus (Temporary Provision) (Amendment No 6) (4 February 2021), https://www.nevo.co.il/Law_word/law14/LAW-2901.pdf.
[19] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It), 2021 (5 February 2021) https://www.nevo.co.il/law_word/law06/tak-9147.pdf.
[20] These included receipt of urgent medical care, attending funerals of first degree relatives, assistance to first-degree relatives in distress, attending legal process, essential purpose relating to Israel's foreign relations or security, athletic events, and humanitarian or special personal needs that require exit from Israel (reg 4).
[21] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4), 2021 (6 March 2021) https://www.nevo.co.il/law_word/law06/tak-9246.pdf.
[22] These included receipt of urgent medical care, attending funerals of first degree relatives, assistance to firs-degree relatives in distress, attending legal process, women in third trimester of pregnancy, essential purpose relating to Israel's foreign relations or security, and lawful exit for residents of Israel (regs 5 (a), 6).
[23] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights )(Amendment No 12) (21 February 2021), https://www.nevo.co.il/law_word/law06/tak-9192.pdf.
[25] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4) (n 62)adding s 2(2b) to the main regulations.
[26] Ministry of Health, Outline for Israel International Air Travel Effective Sunday, 7.3.2021 https://www.gov.il/en/departments/news/02032021-02.
[27] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights )(Amendment No 13) (6 March 2021), https://www.nevo.co.il/law_word/law06/tak-9249.pdf.
[28] HCJ 1107/21 Shemesh v Prime Minister (17 March 2021).
Demonstrations
-
The only specific additional restriction provided in the 30 September 2020 amendment to the Temporary Provision Law, introducing a ‘Special State of Emergency due to Coronavirus’ (SSE),[1] was the exclusion of participation in a demonstration from the exceptional circumstances allowing individuals to distance themselves from home, so that participation in a demonstration would be permitted only within the same distance from home as any other activity.
- The amendment contained a declaration of an SSE which remained in force until 13 September.[2] Since distancing from home was limited at the time to 1000 meters, the declaration effectively prohibited demonstrations at a distance of more than 1000 meters from one’s home. On 4 April 2021 the Supreme Court sitting as High Court of Justice ruled that the restrictions on distancing from the home for the purpose of demonstration was disproportionate and therefore unconstitutional.[3]
[1] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision), 2020 (Amendment No 2) (30 September 2020) https://www.nevo.co.il/law_word/law14/law-2860.pdf.
[2] ibid s 8, incorporated as s 51 of the main law, extended on 6 October by cabinet decision https://www.gov.il/BlobFolder/legalinfo/kor-leg01/he/subjects_corona_%D7%94%D7%90%D7%A8%D7%9B%D7%AA_%D7%94%D7%94%D7%9B%D7%A8%D7%96%D7%94_%D7%A2%D7%9C_%D7%9E%D7%A6%D7%91_%D7%97%D7%99%D7%A8%D7%95%D7%9D_%D7%9E%D7%99%D7%95%D7%97%D7%93.pdf.
[3] HCJ 5469/20 National Responsibility – Israel my Home v Government of Israel (4 April 2021), https://supremedecisions.court.gov.il/Home/Download?path=HebrewVerdicts%5C20%5C690%5C054%5Cv06&fileName=20054690.V06&type=2.
Medical Treatment
Israel
- Israel is taking part in the COVAX alliance.[1]
Treatment of populations lacking immigration status
-
The Head of the Medical Directorate in the Ministry of Health has instructed the general hospitals to provide any necessary response to persons lacking immigration status in Israel and persons from marginalised populations. She also noted that Magen David Adom should offer a response to this population as to any resident.[2]
-
In a later correspondence the Head of the Medical Directorate in the Ministry of Health instructed the general hospitals and Magen David Adom that patients suspected of being infected or confirmed as infected must be admitted for treatment, even if the patient cannot pay and has no insurance. This instruction refers inter alia to infiltrators/asylum seekers and foreign/migrant workers.[3]
-
On 24 December 2020 the Population and Immigration Authority stated based on information from the ministry of Health that foreign workers in the home-based caregiving sector who are insured by their employers are entitled to be vaccinated with their employers regardless of their national health insurance status. Furthermore, the ministry of health is intending to vaccinate all foreign workers in Israel regardless of their medical insurance.[4]
-
On 30 December 2020 the Ministry of Health declared that persons present in Israel who are over 60 years old have been prioritised for vaccination similarly to Israeli nationals their age.[5]
-
On 21 January 2021 the Director of the Section for Policy Planning in the Ministry of Health Dr. Shlomit Avni announced that the Committee on Vaccines and the Director-General of the ministry of health have confirmed a decision to vaccinate all status-less persons whose center of life is in Israel and qualify under the age prioritization schedule.[6]
-
Asylum seekers: On 9 February the Municipality of Tel Aviv opened a vaccination center for asylum seekers and migrant workers age 16 and upwards at no cost. Over 20,000 persons have been vaccinated.[7]
- On 10 February 2021 the Ministry of Health decided that vaccines would be provided to persons lacking immigration status providing proof of being present in Israel half a year or longer, as well as to any person lacking immigration status over the age of 50.[8]
West Bank and Gaza
Health services in West Bank and Gaza - general
Legal obligations:
- On various occasions the GoI stated that.[9]
under the Interim Agreement, the responsibility and authorities in the health sphere with regard to the whole of the Palestinian population in Judea and Samaria and the Gaza Strip have been transferred to the Palestinian Authority. Accordingly, the responsibility for containing and addressing the spread of COVID-19 in these territories lies with the Palestinian Authority. Furthermore, in 2007 the Hamas took over the Gaza Strip through a military coup, and the medical response to residents of the Strip is provided also through the Gazan health authorities, that are subject to the Hamas terrorist organization. In this state of affairs, Israel acts in cooperation and coordination with the relevant Palestinian Authority organs and various actors in the international scene, to provide a plenteous and varied assistance for the Palestinian population’s combatting COVID-19. All this, far beyond Israel’s obligations under law.
The High Court of Justice noted that prima facie, the State of Israel acts in a variety of fashions, including far beyond the required in the circumstances.[10]
-
Similarly, in February 2021 the GoI stated that ,under the Israeli-Palestinian Interim Agreement regarding the West Bank and Gaza Strip signed in September 1995, the responsibility and authorities in the health sphere with regard to the Palestinian population the Gaza Strip are in the hands of the Palestinian Authority, who bears the responsibility to respond to health needs of this population; the medical response to Gaza residents is given in practice by the Gaza health authorities, who are since 2007 subject to the Hamas regime’.[11]
- The GoI repeated its consistent view that international human rights treaties to which Israel is party do not apply outside its sovereign territory.[12]
Policy
-
At the end of January 2021 Israel stated that it has ‘a vested interest in ensuring the vaccination of the population of the Palestinian Authority, while assuring the Palestinian Authority maintains its own fully functioning health system’.[13]
-
Israel ‘remains committed to actively promoting and improving health standards globally and regionally by strengthening the close collaboration with all partners, including the Palestinians, to ensure adequate preparedness and response to the current pandemic’.[14]
- ‘Given the daily contact between the two populations, the epidemiological position of the ministry of health is that the territory of the State of Israel and the Palestinian Authority is one unit from an epidemiological perspective, given the size and geopolitical composition of the territory. Accordingly, from a narrow epidemiological perspective the areas of the Palestinian Authority in Judea and Samaria should be regarded as one territory with the State of Israel. Therefore, the position of the ministry of health is that Israel sees value and health benefit in the Palestinian Authority coping successfully with the pandemic and accordingly also in the Palestinian population in Judea and Samaria being for the most part vaccinated. Since the crossing over between Israel and the Gaza Strip are limited, the risk of infection from the Gaza Strip territory into Israel is lower, but still exists.[15]
West Bank
General:
-
Efforts undertaken by the GoI to assist in curbing the spread of COVID-19 with regard to the Palestinian Authority/West Bank include calling on the international community to support the United Nations 90-day programme and direct international aid so that the Palestinian Authority can be better equipped to manage the COVID-19 crisis; Joint consultations and deliberations between expert-level officials from Israel, UN and PA; Training and guidance of Palestinian medical teams, and delivery of medical supplies to the Palestinian Authority.[16]
- Israel maintains continuous contact with Palestinian authorities to consider assistance with combatting COVID-19, and requests as for vaccines and other forms of assistance are considered in light of relevant considerations.[17]
Provision of medical supplies from Israel and third parties to the West Bank:
- Israel has transferred to the Palestinian health ministry 1950 testing kits and 2400 nasal swabs. In addition, international donations including from the WHO have been transferred to the Palestinian Authority including emergency room beds, respirators and auxiliary equipment, testing kits and swabs, medication and perishable medical supplies.[18]
Vaccination of Palestinians employed in Israel and in Israeli settlements:
-
On 10 February 2021 the Ministry of Health decided that vaccines would be not be provided to Palestinians employed in Israel, whether holding a work permit or otherwise.[19]
-
On 8 March 2021 the ministry of health and the military authorities began a vaccination campaign at various crossings and Israeli industrial areas across the West Bank, for Palestinian employees who hold a valid work permit in Israel or in the Israeli settlements in the West Bank.[20] Over the course of the following two weeks, every employee who wishes to do so will be able to be vaccinated at one of the vaccination stations in the crossings, in coordination with their employer and the relevant government authorities.[21] By 29 April 2021, over 104,000 Palestinians holding employment licenses had received the second doze of the vaccines and some 3000 others received a first doze.[22]
- Some 4000 Palestinian have been vaccinated under Israeli frameworks (medical teams, teachers and persons insured under national health insurance).[23]
Provision of vaccines from Israel to the West Bank:
-
Following a request of the Palestinian Authority, in January 2021 Israel provided, as a humanitarian gesture, vaccines for 100 medical personnel over 60 years old who are treating COVID-19 patients in the West Bank (2 batches of 100 doses). Subsequently, the Israeli authorities transferred 5000 vaccine doses to medical teams in the Palestinian Authority.[24]
-
On 23 February 2021 the Office of the Prime Minister stated that ‘[d]ue to the accumulation of a limited quantity to unused vaccines, it has been decided to assist Palestinian Authority medical teams and several of the countries that contacted Israel with a symbolic quantity of vaccines’.[25]
- On 18 June 2021 the GoI announced that Israel and the Palestinian Authority have reached agreement on a barter of vaccine dozes, according to which Israel will transfer to the Palestinian Authority about a million dozes that are about to expire, in exchange for Pfizer’s next shipment to the Palestinian Authority, due in September-October 2021.[26]
Transfer of vaccines from third parties to the West Bank:
-
Under the Interim Agreement, importation of pharmaceuticals to the West Bank are subject to the regulatory framework applicable in Israel. Requests for importation of pharmaceuticals (through COGAT and the taxation authority to the ministry of health) are generally approved from the medical regulatory aspect very quickly. Vaccine donations are exempted from the regular approval procedure and are approved immediately.[27] The medical regulatory framework does not hinder the Palestinian Authority from purchasing vaccines that have not been approved for importation for use within Israel.[28]
-
According to COGAT, over the months of February and March 2021, 223,140 vaccination dozes were transferred to the Palestinian Authority through WHO under COVAX, from China, from the Serum Institute India and from Russia.[29] In late May and early June 2021, 218,560 additional dozes were transferred from COVAX, UNICEF, WHO and Qatar. Additional requests for transfer of vaccines are under review and in the absence of security obstacles the tendency is to approve them.[30]
- According to COGAT, in late May and early June 2021 Israel provided 145,300 dozes purchased by the Palestinian Authority.[31]
Movement of COVID-19 patients from Israel to the West Bank
- Israel coordinated with the Palestinian Authority the transfer of Palestinians suspected or confirmed as carrying COVID-19 patients from Israel to the West Bank, and provided the Palestinian Authority with names of Palestinians entering Israel so that they can be isolated and monitored once they have entered the West Bank.[32]
Gaza
General:
- Efforts undertaken by the GoI to assist in curbing the spread of COVID-19 include delivery of testing and protection kits to the Gaza Strip, and willingness to assist in laboratory testing; and maintaining commercial crossings into Gaza open for the transfer of goods and assistance.[33]
Transfer of medical supplies to Gaza:
Legal obligations:
- ‘Israel recognises that the international law of armed conflict applies to the conflict between Israel and Hamas in Gaza. According to these laws, Israel is obligated to allow neutral third parties to transfer equipment and vital medical response to the civilian population in Gaza, including life-saving vaccines, subject to security considerations’.[34]
Practice:
-
‘Israel facilitates transfer of provisions and assistance to Gaza, subject to security considerations and technical arrangements’.[35] Israel allows entry of medical teams subject to a security check.[36]
-
With regard to dual-use items that under the law require export permit in order to be transferred to Gaza, some relaxations have been approved in light of changing circumstances and concrete needs.[37] Vaccines against Covid-19 are not regarded as dual-use items.[38]
- Numerous and varied additional measures, have been taken relating to addressing COVID-19 in Gaza that cannot be divulged due to a danger of harming Israel’s foreign relations’.[39]
Provision of vaccines from Israel to Gaza:
- As of 10 May 2021, Israel did not intend to provide vaccines to Gaza.[40]
Transfer of vaccines from the Palestinian Authority and third parties to Gaza:
-
‘The prime minister has confirmed that the Palestinian Authority should not be prevented from transferring vaccines to Gaza, provided that those are not funded by Israel or emanating from Israeli stocks’.[41]
-
‘Should a request be made by neutral third parties, or by the Palestinian Authority who has the authorities under the Interim Agreement in this context, Israel is obligated under the laws of war in light of the armed conflict between Israel and Hamas and other terrorist groups in Gaza, to allow entry of the said vaccines into Gaza, subject to security considerations’.[42]
- On 4 February 2021 the Palestinian Authority received a shipment of Sputnik vaccines (anticipated at 5,000 according to earlier reports) by donation from the Government of Russia. On the same day the Palestinian Authority requested to transfer 1,000 doses to Gaza. The request was approved by the Israeli authorities and the vaccines were transferred.[43] Over the course of February and March 2021, 60,000 vaccine dozes were provided to Gaza through the border with Egypt, and 11,700 vaccine dozes were provided by the WHO under COVAX through Israel.[44] Over the months of April, May and June, 74,200 dozes were received in Gaza from UNICEF, COVAX and WHO, as well as 30,000 from the United Arab Emirates, provided through Rafah Crossing (with Egypt). Requests for additional transfers of vaccine dozes and diluters have been received, some have already been approved by the ministry of health.[45]
Entry of COVID-19 patients from Gaza to Israel or passage through Israel to the West Bank:
-
In accordance with the general policy regarding entry for medical treatment of Gaza residents into Israel, or through Israel to the West Bank, entry is allowed for life-saving treatment or that without which the quality of life is dramatically harmed, if such treatment is unavailable in Gaza. Requests for such entry are channelled through the Civil Palestinian Committee to the Gaza Liaison office and are considered in light of the policy, of specific security considerations, and political considerations.[46]
- In February 2021 the GoI noted that requests of COVID-19 patients from Gaza to enter medical treatment in Israel or the West Bank are refused since they do not qualify under the policy approved by the Supreme Court. Furthermore it stated that ccording to the information available to it, medical treatment for COVID-19 is fully available in Gaza and requests are therefore refused.[47]
[1] WHO, ‘WHA 73rd Session, Yuli Edelstein Minister of Health, State of Israel’ 10 November 2020 <https://apps.who.int/gb/statements/WHA73_RESUMED/PDF/Israel-13.pdf> accessed 17 March 2021; https://www.who.int/news/item/15-07-2020-more-than-150-countries-engaged-in-covid-19-vaccine-global-access-facility, https://www.who.int/news/item/24-08-2020-172-countries-and-multiple-candidate-vaccines-engaged-in-covid-19-vaccine-global-access-facility.
[2] Head of the Medical Directorate in the Ministry of Health Dr Vered Ezra, ‘Treatment of statusless populations and marginalised populations – following the COVID-19 pandemic’, letter to Directors of the General Hospitals and the Director General of Magen David Adom (16 March 2020) (on file with project director).
[3] Head of the Medical Directorate in the Ministry of Health Dr Vered Ezra, ‘Admittance to treatment and collection of Payment from statusless Corona patients and marginalised populations’, letter to Directors of the General Hospitals and the Director General of Magen David Adom (13 April 2020) (on file with project director).
[4] Foreign Workers Administration Director in the Population and Immigration Authority Inbal Mashash, ‘Important Notice Regarding Corona Vaccination to Foreign Workers in the Home-Based Caregiving Sector’ )24 December 2020(, https://www.gov.il/BlobFolder/policy/important_notice_for_foreignworkers_in_caregiving_due_to_corona_dec20/he/%D7%94%D7%95%D7%93%D7%A2%D7%94%20%D7%97%D7%A9%D7%95%D7%91%D7%94%20%D7%91%D7%A0%D7%95%D7%A9%D7%90%20%D7%97%D7%99%D7%A1%D7%95%D7%A0%D7%99%20%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94%20%D7%9C%D7%A2%D7%95%D7%91%D7%93%D7%99%D7%9D%20%D7%96%D7%A8%D7%99%D7%9D%20%D7%91%D7%A2%D7%A0%D7%A3%20%D7%94%D7%A1%D7%99%D7%A2%D7%95%D7%93.pdf.
[5] Head of the Directorate for Preparation of the Health System in the Ministry of Health Dr Tarif Bader, ‘Vaccination of Persons present I Israel over 60 Years Old), letter to Heads of medical centers and other Medical Officials, 30 December 2020 (on file with project director).
[6] Director of the Section for Policy Planning in the Ministry of Health Dr Shlomit Avni, email to Zoe Gutzeit from Physicians for Human Rights (21 January 2021) (on file with project director).
[7] Announcement on file with project director. Eligible for vaccination are asylum seekers with a visa under s 2(a)(5) of the Entry into Israel Law, 1952 or B1 work visa holders, as well as migrant workers who entered the country prior to March 2020, https://www.tel-aviv.gov.il/en/Pages/ArticlePage.aspx?WebID=9336473c-1537-4ab6-8a69-d299b5db8bcc&ListID=b4eda22c-a69a-4bef-9479-05d5a832ad16&ItemID=156.
[8] Assistant to Head of Center for Control of the Combat of Corona, Ministry of Health, Snir Levi, ‘Status Report regarding Vaccination of Statusless Persons’, 10 February 2021, (on file with project director).
[9] HCJ 2669/20 PHR v Minister of Health, State Response, 6 May 2020 para 3; HCJ 2171/21 PHR v Government of Israel, Preliminary State Response, 9 May 2021, para 6 (on file with project director) (hereafter ‘HCJ 2171/21 Preliminary State Response’).
[10] HCJ 2669/20 PHR v Minister of Health (7 May 2020), https://supremedecisions.court.gov.il/Home/Download?path=HebrewVerdicts%5C20%5C690%5C026%5Co02&fileName=20026690.O02&type=2.
[11] HCJ 9284/20 Goldin v Government of Israel, Preliminary State Response, 8 February 2021, para 37 (hereafter ‘HCJ 9284/20 Preliminary State Response’).
[12] HCJ 2171/21 Preliminary State Response (n 86) para 16.
[13] Permanent Mission of Israel, UN-Geneva, Statement by Israel, COVID-19 Response and WHO’s Work in Health Emergencies (Item 14.1 and 14.2), WHO Executive Board 148th Session’ https://mfa.gov.il/MFA/InternatlOrgs/Documents/EB148-Item14-COVID19%20Response_Israel.pdf.
[14] WHO, ‘WHO WHA 73 Reply to the Statement by the Observer Delegation of the Palestinian Authority’ 25 May 2020, https://apps.who.int/gb/statements/WHA73/PDF/Israel2.pdf.
[15] HCJ 2171/21 Preliminary State Response (n 86) para 52.
[16] Identical letters dated 17 April 2020 from the Permanent Representative of Israel to the United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/2020/317, 17 April 2020, https://www.un.org/unispal/document/letter-from-israel-to-the-secretary-general-and-security-council-president-on-efforts-to-combat-the-covid-19-virus/.
[17] HCJ 9284/20 Preliminary State Response (n 88) para 47; HCJ 2171/21 Preliminary State Response (n 86), para 62.
[18] HCJ 2171/21 Preliminary State Response (n 86) paras 44, 48.
[19] Assistant to Head of Center for Control of the Combat of Corona, Ministry of Health, Snir Levi, ‘tatus Report regarding Vaccination of Statusless Persons (10 February 20210, (on file with project director).
[20] COGAT, ‘Today, a Vaccination Campaign for Palestinian Workers Began at Various Crossings across Judea and Samaria, and Will Continue Tomorrow in Israeli Industrial Areas as Well. Https://T.Co/AZkMaC6MTQ’ (@cogatonline, 8 March 2021) https://twitter.com/cogatonline/status/1369043569915363335; Ministry of Health Spokesperson, ‘Vaccination Campaign for Palestinian Employees Holding a Valid Work Permit’, 3 March 2021, https://www.gov.il/he/departments/news/03032021-01.
[21] ‘Israel Begins Vaccination Campaign for Palestinian Workers 8 March 2021’ https://mfa.gov.il/MFA/PressRoom/2021/Pages/Israel-begins-vaccination-campaign-for-Palestinian-workers-8-March-2021.aspx?utm_source=InforuMail&utm_medium=email&utm_campaign=Israel+begins+vaccination+campaign+for+Palestinian+workers+8+March+2021+%282%29.
[22] HCJ 2171/21 Preliminary State Response (n 86) para 70.
[23] ibid para 67.
[24] ibid para 64.
[25] Ministry of Foreign Affairs, Prime Minister’s Office Statement, https://mfa.gov.il/MFA/PressRoom/2021/Pages/Prime-Minister-s-Office-statement-23-February-2021.aspx.
[26] Joint announcement by the office of the prime minister, the ministry of health and the ministry of defence, 18 June 2021, https://www.gov.il/he/departments/news/spoke_vaccines180621. According to reports, on 20 June 2021 officials in the Palestinian health ministry said that they intend to return 90,000 vaccines to Israel which were set to expire in 10 days. Jonathan Lis, ‘Three Countries Ask Israel for COVID Vaccines if Palestinians Nix Deal, Source Says’, Haaretz (20 June 2021) https://www.haaretz.com/israel-news/.premium-source-israel-in-talks-with-three-countries-over-vaccines-intended-for-palestinians-1.9923533.
[27] HCJ 2171/21 Preliminary State Response (n 86) paras 29-31.
[28] ibid para 39.
[29] ibid para 58-60.
[30] ibid para 58-60 and HCJ 2171/21 PHR v Government of Israel, Updated State Response, 10 June 2021, para 4 (on file with project director) (hereafter ‘HCJ 2171/21 Updated State Response’).
[31] HCJ 2171/21 Updated State Response, ibid, para 4.
[32] HCJ 2171/21 Preliminary State Response (n 86) para 45.
[33] Identical letters dated 17 April 2020 from the Permanent Representative of Israel to the United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/2020/317, 17 April 2020, https://www.un.org/unispal/document/letter-from-israel-to-the-secretary-general-and-security-council-president-on-efforts-to-combat-the-covid-19-virus/.
[34] HCJ 9284/20 Preliminary State Response (n 88) para 36; HCJ 2171/21 Preliminary State Response (n 86) para 20.
[35] HCJ 2171/21 Preliminary State Response (n 86) para 20. In February 2021 the GoI reported that during the period from 10 March 2020 (when closure on the West Bank was declared) until 31 December 2020, 42 of 43 requests for access to Gaza of foreign medical teams were approved, 5090 requests for entry into Israel from Gaza were submitted to Israel. Under coordination for transfer of assistance to Gaza, the following equipment was transferred between 10 March and 1 November 2020, 2 tons of sterilisers, 230,000 nasal swabs and examination kits, 83,480 reagents, 10 respirators, 27 oxygen generators, 58 respirators [sic], 8 corona testing machines, thousands of N95 masks, 700,000 chirurgical masks and tens of thousands of protective gear items and medicines. HCJ 9284/20 Preliminary State Response (n 88) para 42.
[36] HCJ 2171/21 Preliminary State Response (n 86) para 49.
[37] HCJ 2669/20 PHR v Minister of Health, State Response, 6 May 2020 para 36 ((cited in HCJ 9284/20 Preliminary State Response (n 88)).
[38] HCJ 2171/21 Preliminary State Response (n 86) para 21.
[39] HCJ 9284/20 Preliminary State Response (n 88) para 39.
[40] HCJ 2171/21 Preliminary State Response (n 86) para 77-78 (earlier see HCJ 9284/20 Preliminary State Response (n 88) para 46).
[41] HCJ 2171/21 Preliminary State Response (n 86) para 72.
[42] HCJ 9284/20 Preliminary State Response (n 88) para 50; HCJ 2171/21 Preliminary State Response (n 86) para 76.
[43] ibid para 73.
[44] ibid para 74.
[45] HCJ 2171/21 Updated State Response (n 107) para 4.
[46] HCJ 2669/20 PHR v Minister of Health, State’s Response (6 May 2020) para 38 (cited in HCJ 9284/20 Preliminary State Response (n 88) para 41); HCJ 9284/20 Preliminary State Response (n 88) paras 33, 44; HCJ 2171/21 Preliminary State Response (n 86) para 49.
[47] HCJ 9284/20 Preliminary State Response (n 88) para 44.
Restrictions on legal process
Israel
-
Criminal proceedings in the absence of detainees and prisoners: On 12 March 2020, Following notification from the Prison Service concerning delays in the transport of detainees, the Magistrate Court in Jerusalem began holding detention hearings in the presence of defence counsel and in the absence of the detainees, in accordance with the law and the consent of all parties.[1] On 15 March 2020 the GoI adopted emergency regulations allowing the holding of hearings on detention extension in the absence of the detainees and their participation through technological audio and video means.[2] On 24 March 2020 the GoI adopted emergency regulations allowing video and audio conferencing in additional criminal proceedings, unless the Court’s president finds that despite the state of emergency the hearing must be held in the presence of the detainee or prisoner.[3]
-
Release Committees: On 25 March 2020 the GoI adopted regulations relating to the Committee on Release of Prisoners, addressing bench size, suspension and postponement of hearings, hearings in the absence of prisoners, video conferencing by consent and alternative technological means.[4]
-
Operation of Courts: On 5 April 2020 the Courts Administrator issued instructions on questioning and masking in courts and tribunals. These instructions resembled the provisions of the generally-applicable emergency regulations, from which the court and tribunal systems were excluded in light of the principle of separation of powers. These instructions were modified and extended periodically until replaced by regulations in September 2020.[5] On 23 September 2020 The Courts Administrator issued regulations relating inter alia to questioning and temperature measuring, mask requirements, social distancing, secretariat operation, enforcement.[6]
-
On 24 December 2020 the Courts Administration announced that beginning 28 December 2020, the courts and tribunals resume hearings in all types of proceedings, while complying with applicable regulations and instructions to protect the health of the public, of the judges and of employees.[7] On 7 January 2021 the Courts Administration announced that courts and tribunals will temporarily act to postpone hearing unless the judges consider that postponement is not appropriate.[8] This instruction was subsequently extended.[9]
-
Visits to detention and incarceration facilities: On 15 March 2020 the GoI adopted emergency regulations allowing the minister of internal security to declare a risk of contagion of COVID-19 in Detention Facilities and Prisons. During the period of risk, Legal counsel, and visitors other than ICRC delegates, would not be allowed into detention and incarceration facilities other than to legal proceedings in a court within the facility; in preparation for a scheduled hearing; or otherwise by exceptional permit, taking into account the detainee or prisoner’s age. Detainees and prisoners would be able to consult with legal counsel by phone, in privacy and in conditions that ensure the confidentiality of the consultation.[10] On 2 April 2020 The Courts Administration announced a pilot procedure for holding certain urgent civil proceedings through video conferencing, by consent of the parties.[11]
-
On 15 March 2020 the Courts Administrator issues a notification declaring types of matters that would be exceptionally heard in civil and labour courts during a special state emergency.[12]
- On 22 March 2020 the minister of justice issued a notice applying the Courts and Execution and Collection Offices Regulations (Procedures in a Special State of Emergency), 1991 on magistrate, district and supreme courts.[13] The scope of matters to be heard in courts was modified occasionally over the following months.[14]
West Bank
-
Criminal proceedings in the absence of detainees and prisoners: On 5 April 2020 the Military Commander in the West Bank issued an order (extended subsequently) which provide for holding criminal hearings in the absence of the detainee or prisoner unless the president of the military court instructs otherwise. In such hearings video and audio conferencing will be used if the presence of the detainee or prisoner is required by law.[15] A later order provides that the number of detainees and prisoners brought to the military courts daily would be the maximum permitted according to the ministry of health’s recommendations.[16]
- Visits to detention and incarceration facilities: On 22 March 2020 the Military Commander in the West Bank issued an order according to which Legal counsel would not be allowed into detention and incarceration facilities other than to legal proceedings in a court within the facility; in preparation for a scheduled hearing; or otherwise by exceptional permit, taking into account the detainee or prisoner’s age. Detainees and prisoners would be able to consult with legal counsel by phone, in privacy and in conditions that ensure the confidentiality of the consultation. Visitors other than representatives of the ICRC and providers of professional service required by law would not be allowed into detention and incarceration facilities, other than by exceptional permit, taking into account the detainee or prisoner’s age.[17]
[2] Emergency Regulations (Detention Hearings), 2020, https://www.nevo.co.il/law_word/law06/tak-8383.pdf. These regulations were subsequently modified, eg Emergency Regulations (New Coronavirus) (Presence of Detainees and Prisoners in Court and Tribunal Hearings (2020) https://www.nevo.co.il/law_word/law19/502_294.doc (17 May 2020) and replaced by later legislation.
[3] Emergency Regulations (Holding of Criminal hearings Through Technological Means), 2020, https://www.nevo.co.il/law_word/law19/502_270.doc.
[4] Emergency Regulations (Hearings of Release Committees), 2020, https://www.nevo.co.il/law_word/law19/502_273.doc.
[5] Eg Instructions on Mask Wearing and Questioning in Courts and Tribunals (12 April 2020) http://govilmvcdemo.westeurope.cloudapp.azure.com/he/departments/news/spokemenmessage12042020.
[6] Special Powers for Combatting the New Coronavirus Regulations (Restrictions in the Court System) (Temporary Provision) 2020, https://www.gov.il/BlobFolder/policy/manager_of_courts_directives_23_20/he/23_20.pdf, extended periodically.
[10] Emergency Regulations (Prevention of Entry of Visitors and Counsel to Detention Facilities and Prisons), 2020, https://www.nevo.co.il/law_word/law01/502_252.doc.
[11] https://www.gov.il/he/departments/news/spokemanmessage_020420. See also https://www.gov.il/he/departments/general/the_judicial_authority_visual_conferencing (1 November 2020).
[12] Courts Administrator’s Notice on Types of Matters that would be heard in Courts in accordance with the Courts and Execution and Collection Offices Regulations (Procedures in a Special State of Emergency) 1991 (15 March 2020), https://www.nevo.co.il/law_word/law19/502_278.doc. The term ‘Special State of Emergency’ was used at this stage in the sense of SEdC (and not in the sense of SSE).
[13] Minister of justice notices relating to various courts and tribunals under the Courts and Execution and Collection Offices Regulations (Procedures in a Special State of Emergency), 1991 https://www.nevo.co.il/law_word/law10/yalkut-8765.pdf (22 March 2020), extended periodically until 17 May 2020, https://www.gov.il/he/departments/news/spokemenmessage08042020.
[15] Order regarding Holding of Criminal Hearings through Technological Means (Temporary Provision) (Judea and Samaria) (No 1842), 2020), https://www.nevo.co.il/law_word/law65/666_122.doc (extended periodically until 9 May 2021).
[16] Order regarding Presence of Detainees and Prisoners in Hearings in the Military Courts (Temporary Provision) (Judea and Samaria) (No 1888) (24 May 2020), https://www.nevo.co.il/law_word/law65/666_125.doc, extended periodically most recently until 17 June 2021.
[17] Order regarding Prevention of Entry of Visitors and Lawyers into Detention and Incarceration Facilities (Temporary Provision) (Judea and Samaria) (No 1831) 2020, extended by Orders 1853, 1882, 1892. The order expired on 8 June 2020.
Labour Law and Social Security Forum
The Labour Law and Social Security Forum is a research center dedicated to the fields of labour, employment, social security and welfare law. It serves as a basis and provides supportive framework for research, teaching and public discussion in these fields among scholars from various relevant disciplines, research students, judges, practitioners and activists. The Forum is a member of the Labour Law Research Network.
The activities of the Forum are supported by the Elias Lieberman Chair in Labor Law Fund.
The Forum organizes workshops, conferences and special lectures. Most of our events are conducted in Hebrew; the full details can be found on the Hebrew pages. Events held in English are also listed below.
The Furom coordinator is Prof. Guy Davidov. To join our mailing list and receive updated on events, please write to Prof. Davidov.
Faculty members specializing in labour law:
Upcoming Events
Compliance with and Enforcement of Labour Laws: An International Workshop
Past Events
Automation and Labor Law
Social Media And Workers’ Rights
Symposium on Guy Davidov, A Purposive Approach to Labour Law (Oxford University Press 2016)
Events in English during the 2016/17 academic year:
16:30-18:00, room 119
Dr. Arian Renan - Barzilay, Haifa University
Dec. 11, 2016
Dr. Avishai Benish, Hebrew University
Dr. Einat Albin, Hebrew University
Prof. Claudia Schubert, Ruhr-University Bochum, Germany
Dr. Pnina Alon-Shenker, Ryerson University, Canada
Conference on: Social Media And Workers’ Rights
Law and Criminology in Cyberspace
Law and Society Workshop
The workshop will focus on current issues in the intersection of law and society, with a special emphasis on law, social work and social policy, discussing research papers or seminal works in this field. In addition, some meetings will be devoted to public and practice-related issues related to law and society in the public sector, the business sector, civil society and the legal system.
Nine meetings will be held during the semester. In general, in each meeting an article will be presented by the author or by leading scholars in the field, followed by two or three responses by the workshop participants. Subsequently, the article will be discussed by all workshop participants. Participants are required to submit a short written response to the article (up to two pages) with respect to at least six of these articles.
Workshop Spotlight: Law and Society
Our Law and Society Master Workshop had the distinct pleasure of having Supreme Court Justice, the honourable Daphne Barak-Erez, as a guest speaker. The workshop, conducted by Dr. Avishai Benish & Dr. Netta Barak-Corren, focuses on current issues in the intersection of law and society, with a special emphasis on law, social work and social policy, discussing research papers or seminal works in this field. In addition, it is also devoted to public and practice-related issues related to law and society in the public sector, the business sector, civil society and the legal system.
Justice Barak-Erez served as the Director of the Minerva Center for Human Rights and the Director of the Cegla Center for Interdisciplinary Research of Law, held the Stewart and Judy Colton Chair in Law and Security, and ultimately became Dean of the Tel Aviv University Faculty of Law. Over the years she taught as Visiting Professor at various universities including the University of Toronto, Columbia Law School, and Stanford Law School. She also held numerous public positions, including Chairperson of the Israeli Association of Public Law, Member of the Council of Higher Education in Israel, and President of the Israeli Law and Society Association. She is a member of the American Law Institute and the International Academy of Comparative Law. She has been awarded several prizes, including the Rector’s Prize for Excellence in Teaching (three times), the Zeltner Prize, the Heshin Prize, the Woman of the City Award (from the City of Tel Aviv) and the Women in Law Award (from the Israeli Bar). She is the author and editor of several books and many articles in Israel, England, Canada, and the United States. In May 2012 she was appointed Justice of the Supreme Court of Israel.
At the workshop, Justice Barak-Erez discussed her article titled: "Putting Man at Center -The Place of a Man in Law" (translation from Hebrew). In it, She reviewes the tensions between principles of attributing rights and blames to an individual, as opposed to attributing it to groups, cooporations and sectors of society. As Barak-Erez suggests, the principle of judging an individual may seem fairly trivial in a liberal democracy, but following recents trends in Israeli Law, she stated that there is continued preoccupation in notions of the 'Public Interest' and in questions of 'group benifits', that should make us revisit questions where those collide.
The workshop's students got to debate Justice Barak-Erez for the majority of the seminar, as she answered questions and examined cases and issues related to the subject.
Law, Economic and Empirical Legal Studies Workshop
-
The Milton Handler Foundation
- The Avraham Herman Foundation
- Dr. Netta Barak-Corren
- Prof. Alon Harel
- Dr. Ehud Guttel
- Dr. Adi Leibovitch
- Prof. Dafna Levinson-Zamir
- Dr. Barak Medina
- Prof. Gideon Parchomovsky
- Dr. Doron Teichman
- Dr. Keren Weinshall-Margel
- Prof. Eyal Zamir
Law, Economic and Empirical Legal Studies Workshop Meetings (2019-2020)
Wednesday 16:30-18:00, Room 357
Workshop coordinator: Dr. Adi Leibovitch.
1st Semester |
||
| Date | Speakers |
Topics |
| 6/11 |
Hon. Justice Prof. Alex Stein, The Supreme Court |
The Domain of Torts |
| 27/11 |
Dr. Adi Leibovitch, Hebrew University |
Bargaining in the Shadow of the Judge |
| 4/12 |
Dr. Shay Lavie, Tel-Aviv University |
Signaling in Negative Expected-Value Suits |
| 18/12 |
Prof. Matthew Stephenson, Harvard University |
|
| 1/1 |
Prof. Avishalom Tor, University of Notre Dame |
The Mostly Neglected Opportunity Costs of Behavioral Policies |
| 22/1 |
Dr. Inbar Levy, University of Melbourne |
What the Fair Minded Observer Really Thinks about the Risks of Judicial Bias |
2st Semester |
||
| 25/3 |
Prof. Francesco Marcus |
|
| 22/4 |
Prof. Dotan Oliar, University of Virginia |
|
| 6/5 |
Prof. Edward Cheng, Vanderbilt University |
|
| 13/5 |
Prof. Jonathan Barnett, University of Southern California
|
|
| 27/5 |
Prof. Eric Helland, Claremont McKenna College |
|
| 17/6 |
Prof. Orly Lobel, University of San Diego |
|
| 24/6 |
Prof. Josh Bowers, University of Virginia |
|
- The Israeli Law and Economics Association
- The American Law and Economics Association
- The European Law and Economics Association
Law and Philosophy Forum
The Law and Philosophy Forum at the Hebrew University of Jerusalem facilitates intellectual interaction between faculty members and students in various academic units within the university whose academic interests lie in the areas where philosophy and legal scholarship intersect.
The members of the forum include faculty members from the Faculty of Law, the Philosophy Department (in the Faculty of the Humanities) and the Political Science Department (in the Faculty of Social Sciences). The forum collaborates on a regular basis with the Centre for Ethics and Political Philosophy (at the Philosophy Department) and the Jerusalem Forum for Political Philosophy (at the Political Science Department). Together, the group of the Forum members comprises a research force of the highest quality, by international as well as Israeli standards.
Forum Members (at the Faculty of Law): David Enoch; Leora Dahan Katz; Dana Gur; Alon Harel; Ori Herstein; Ofer Malcai; Ram Rivlin; Re'em Segev.
The activity of the Forum includes conferences, workshops and courses. Previous guests in these academic events include: Vincent Chiao, Julia Driver, Antony Duff, Liz Emens, David Estlund, Barbara Herman, John Finnis, Chaim Gans, John Gardner, Ruth Gavison, James Griffin, Scott Hershovitz, Iwao Hirose, Douglas Husak, Richard Kraut, Will Kymlicaka, Rae Langton, Judith Lichtenberg, Elinor Mason, Jeff McMahan, John Mikhail, Michael Otsuka, Japa Pallikkathayil, David Plunkett, Joseph Raz, Daniel Statman, Saul Smilansky, Andrew Sepielli, Holy Smith, Victor Tadros, Larry Temkin, Ruth Weinraub, Gideon Yaffe, and Michael Zimmerman.
The forum allocates the Law & Philosophy Prize for excellent papers written by students in the area of philosophy and law.
The Forum benefits from the generous support of the Greene Foundation.
Donors
Israel B. Greene was a man totally dedicated to the law in all its aspects. He was first and foremost an outstanding legal scholar and lecturer in law, primarily in the field of Equity, which was his professional passion.
The Fund for Equity Studies is a singular memorial to Israel B. Greene and Sara Mann Greene, supporting the Law and Philosophy Forum, providing scholarships and fellowships for promising young scholars, enriching the Law Library, and supporting a publications program. It enhances the work being done at the Hebrew University in a field that is fundamental to the idea of Justice.
Conference: Theorizing Criminal Law
Theorizing Criminal Law: An International Conference
December 3-4, 2023, Jerusalem
This criminal law theory conference aims to bring together, in an annual forum, researchers working on the theory of criminal law, criminal procedure, punishment, and the philosophical questions that underlie these areas of inquiry. The Conference seeks to advance research in the field and to foster interaction and collaboration between the growing number of researchers working on these and related questions.
The first Criminal Law Theory Conference was held online in a series of monthly sessions between December 2020 and May 2021. This conference continues that series with an in-person conference that will be held at the Hebrew University of Jerusalem over the course of two days on Dec. 3-4, 2023.
At each one-hour session, we will discuss a previously circulated short paper: each paper will be introduced by a commentator, and we will aim to allow as much time as is possible for discussion. We hope that these sessions will enable authors to get useful feedback on their papers, and all participants to enjoy the kinds of transnational and interdisciplinary conversation that we aim to foster.
A copy of the provisional conference program can be found here.
Registration to attend the in-person (only) conference sessions is free and open, however advance registration to the conference is required.
To register for the event:
Conference Speakers:
Vera Bergelson
Fernando Bracaccini
Netanel Dagan
Hadar Dancig-Rosenberg
Göran Duus-Otterström
Miri Gur-Arye
Oliver Hallich
Philipp-Alexander Hirsch
Ryan Liss
Rocío Lorca Ferreccio
Marie Manikis
Jonathan Sarnoff
Gideon Yaffe
The Organizing Committee:
- Vincent Chiao, University of Toronto
- Leora Dahan Katz, Hebrew University of Jerusalem
- Antony Duff, University of Stirling
- Tatjana Hörnle, Max Planck Institute, Freiburg, Humboldt-Universität zu Berlin
- Gabe Mendlow, University of Michigan
The conference is hosted by the Hebrew University of Jerusalem with the generous support of:
- The Hebrew University of Jerusalem
- The Greene Foundation
- The Max Planck Institute for the Study of Crime, Security and Law, Freiburg/Germany
The Inaugural Criminal Theory Conference
The Criminal Law Theory Conference aims to bring together, in an annual forum, researchers working on the theory of criminal law, criminal procedure, punishment, and the philosophical questions that underlie these areas of inquiry. The Conference seeks to advance research in the field and to foster interaction and collaboration between the growing number of researchers working on these and related questions.
The inaugural Conference was to have been held on December 6-7 2020 at the Hebrew University of Jerusalem. For obvious reasons, that is not now possible. However, given the number of interesting abstracts that were submitted for the conference, and our desire to get discussions started this year, we have decided to hold the first part of the Conference online, with a series of monthly sessions between now and May 2021.
At each two-hour session, we will discuss two previously circulated short papers: each paper will be introduced by a commentator, but we will aim to allow as much time as is possible for discussion. We hope that these sessions will enable authors to get useful feedback on their papers, and all participants to enjoy the kinds of trans-national and interdisciplinary conversation that we aim to foster.
The sessions will be held on the following Thursdays, at 17:00-18:50 Coordinated Universal Time/ Greenwich Mean Time —
3 December
Amit Pundik, ‘The Wrongfulness of Prostitution’
Commentator: Cornelia Spörl
Andrei Poama, ‘Poverty, Provocation, and Punishment’
Commentator: Ester Herlin-Karnell
7 January
Hsin-Wen Lee, ‘Self-Defense Theories of Criminal Punishment’
Commentator: Valerij Zisman
Federico Picinali, ‘Convicting vs Acquitting: Aren’t We All Expected Value Maximisers
about this Choice?’
Commentator: Krzysztof Szczucki
4 February
Eric James Miller, ‘The Public Authority Model of the Police’
Commentator: David Sklansky
4 March
Hylke Jellema, ‘Inferring to the best explanation about eyewitness testimony’
Commentator: Michael Pardo
Kenneth Silver, ‘When Should the Master Answer? Respondeat Superior and the Criminal
Law’
Commentator: Matthew Dyson
8 April
Zach Hoskins, ‘Punishment's Burdens on the Innocent’
Commentator: Mark Dsouza
Gniewomir Wycichowski-Kuchta, ‘The Rationality of "Irrational Criminalisation”’
Commentator: Julia O’Rourke
6 May
Kat Hadjimatheou and Christopher Nathan, ‘Policing and its Absence: Legitimacy, Special
Obligations, and Omissions in Law Enforcement’
Commentator: Michal Krolikowski
Andrew Botterell, ‘Rethinking the Defence of Diminished Capacity’
Commentator: Gustaf Almkvist
There is no charge for participation in these sessions, but registration is required. To register, please go to:
https://www.eventbrite.co.uk/e/criminal-theory-conference-workshops-tickets-125623107095
Further details, and information on how to access the papers, will be sent in advance of each session to those who have registered; papers will be available at least a week before the session at which they are to be discussed.
The Conference CFP can be accessed here.
The Organizing Committee:
- Vincent Chiao, University of Toronto
- Leora Dahan Katz, Hebrew University of Jerusalem
- Antony Duff, University of Stirling
- Tatjana Hörnle, Max Planck Institute, Freiburg, Humboldt-Universität zu Berlin
- Gabe Mendlow, University of Michigan
The conference is hosted by the Hebrew University of Jerusalem with the generous support of:
The Sacher Institute
The Barak Center
Abstract Submission
Call for Papers
UPDATE: Given the current situation, we have extended the abstract submission deadline to June 1, 2020.
We hope all are well, and look forward to metting under calmer circumstances.
The Inaugural Criminal Theory Conference will be held Dec. 6-7, 2020 at the Hebrew University of Jerusalem.
The Conference seeks to bring together, in an annual forum, researchers working on theory of criminal law, criminal procedure, and criminal punishment, and the philosophical questions that underlie these areas of inquiry. The Conference seeks to advance research in the field and foster interaction and collaboration between the growing number of researchers working on these and related questions. This year’s invited speakers will be Tatjana Hörnle (Max Planck Institute for Foreign and International Criminal Law, Humboldt-Universität zu Berlin) and Gideon Yaffe (Yale Law School).
The Conference will be a pre-read workshop, with ten to twelve short papers discussed over the course of two days. Each one-hour session will begin with comments from a commentator. The author will then offer a brief reply, before opening the general discussion.
We invite researchers working in the field to submit an abstract for consideration or/and to indicate their interest in acting as commentators. Registration will be open once the conference program has been set.
To submit an abstract for consideration please submit an anonymized abstract of not more than 500 words by June 1, 2020. Authors will be notified of acceptance by June 30, 2020. Authors whose submissions are selected will be invited to submit short papers (up to 6,000) words by Nov. 6, 2020.
To participate as a commentator please indicate your interest on the form. The Conference is open to anyone in interested in attending, space permitting.
In order to facilitate participation, there will be no registration fees, but participants will have to cover their own expenses for travel and lodging. Limited funds may be available to those who cannot secure funding through their own institutions.
The Organizing Committee:
- Vincent Chiao, University of Toronto
- Leora Dahan Katz, Hebrew University of Jerusalem
- Antony Duff, University of Stirling
- Tatjana Hörnle, Max Planck Institute, Freiburg, Humboldt-Universität zu Berlin
- Gabe Mendlow, University of Michigan
The conference is hosted by the Hebrew University of Jerusalem with the generous support of:
The Sacher Institute
The Barak Center
Public Law Forum
The Public Law Forum is a research center in the fields of constitutional law and administrative law for researchers and students of the faculty. The activity of the forum includes conferences and workshops as well as financial support for students.
For details about the Forum please write to Barak Medina or to Yoav Dotan.
Forum Members
- Dr. Margit Cohn
- Prof. Yoav Dotan
- Prof. Michael Karayanni
- Prof. Barak Medina
- Ronen Polliack
- Prof. Yuval Shani
- Prof. Shimon Shetreet
- Dr. Keren Weinshall-Margel
PUBLIC LAW AND HUMAN RIGHTS RESEARCH WORKSHOP, SEMESTER 2, 2017 - Click here
Public Law and Human Rights Research Workshop
Public Law and Human Rights Research Workshop, Semester 1, 2019-2020
Convenor: Prof. Margit Cohn
Tuesdays, 16:30-18:00
Paper |
Presenter |
Date |
Week |
|
|
Closed Meeting
|
20.10 |
1 |
|
Arbitrariness as Discrimination
|
Dr Meital Pinto, Zefat Academic College Law School; Ono Academic College Law faculty
|
27.10 |
2 |
|
Non-Binding Authoritative Judicial Policy: The Case of Self-Claiming Palestinian Informers |
Professor Menachem Hofnung and Ofir Hadad, Hebrew University |
3.11 |
3 |
|
The Necessity and Limits of Political Constitutionalism
|
Professor Colm O'Cinneide, University College London |
10.11 |
4 |
|
Pedagogy and Canon in Comparative Constitutional Law
|
Professor David Law, University of Hong Kong |
17.11 |
5 |
|
Two Concepts of Constitutional Legitimacy |
Professor Alon Harel, Hebrew University |
24.11 |
6 |
|
- |
-No Class-
|
1.12 |
7 |
|
Strategic Cosmopolitanism |
Dr Rehan Abeyratne, Chinese University of Hong Kong
|
8.12 |
8 |
|
Escaping Normative Binaries, Embracing Hybrid Realities: Towards a Hybrid Framework of Prison Labor |
Faina Milman-Sivan and Yair Sagi, Haifa University
|
15.12 |
9 |
|
Constitutional Challenges of Overinclusive laws
|
Professor Michal Tamir, The Academic Center for Law and Science
|
22.12 |
10 |
|
TBA |
Professor Ishay Blank, Tel Aviv University
|
29.12 |
11 |
|
TBA |
Dr Netta Barak-Coren, Hebrew University |
5.1 |
12 |
|
Nationalism, Populism, Religion, and the Quest to Reframe Fundamental Rights |
Michel Rosenfeld, Cardozo Law School, and Susanna Mancini, University of Bologna
|
12.1 |
13 |
|
When is it TMI: on the Limits of Freedom of Information |
Dr Roy Peled, College of Management Academic Studies |
19.1 |
14 |
Private and Commercial Law Workshop
Private and Commercial Law Workshop
Date: Semester 2, Monday, 15:00-16:30
Location: Room 308, Some of the meetings will be conducted via Zoom
Workshop coordinator: Prof. Eyal Zamir
Contact: Tel: (02) 02-5823845, (s) 0524-510121;
E-mail: eyal.zamir@mail.huji.ac.il.
General Description
The Faculty’s Private and commercial Law workshop focuses on research in these areas. In each meeting, a draft article or book chapter will be presented by its author, followed by an extended Q&A session. The papers will offer a broad array of perspectives on private and commercial legal issues, including doctrinal, comparative, historical, empirical, and interdisciplinary (such as economic, psychological, and feminist).
Private and Commercial Law Workshop Meetings
March 20, 2023 – Haim Sandberg – Taking Private Property in Urban Renewal Projects
March 27, 2023 – Oren Bar-Gill (with Cass Sunstein and Inbal Talgam-Cohen) – Algorithmic Harm in Consumer Markets
April 17, 2023 – Omer Pelled – Strict Liability for Unreasonable Harm: An Aggregative Medical Malpractice Regime
May 1, 2023 – Florencia Marotta-Wurgler
May 8, 2023 – Mark Gergen – Contract as Debt: The Challenges Debt Poses to Autonomy Theories of Contract
May 15, 2023 – Ittai Paldor – Sentencing Under Legislative Leniency
May 22, 2023 – Niva Elkin-Koren (with Maayan Pearl and Ohad Somech) –
May 29, 2023 – Maytal Gilboa – Climate Change as Unjust Enrichment
June 5, 2023 – Michal Shur-Ofry – Beyond ChatGPT: Multiplicity As An AI Governance Principle
June 12, 2023 – Tamar Kricheli-Katz (with Oren Bar-Gill) – Contract, Duration and Discrimination
June 19, 2023 – Richard Brooks –
June 26, 2023 - Yonathan Arbel – The Readability of Contracts: Big Data Analysis
Tax Law Forum
The Israeli Private Law Association
The Israeli Private Law Association was established in 2009 as a framework for inter-institutional collaboration. The Association serves as a framework for nurturing academic discourse between scholars and graduate students who share interest in studying the various fields that are clustered under the broad title of private law.
The Association usually holds two annual events: Annual Academic Meeting and Annual Public Conference.
In 2015, the academic conference was held on April 29, 2015, at the Haim Striks School of Law, the College of Management - Academic Studies.
The Association was founded by Professor Daphna Lewinsohn-Zamir (The Hebrew University of Jerusalem), Chair; Professor Hanoch Dagan (Tel Aviv University), and Professor Shahar Lifshitz (Bar Ilan University).
The organizing committee for the 2016 Conference is Professor Gideon Parchomovsky (Bar Ilan University), Chair; Professor Shelly Kreiczer Levy (College of Law and Business), and Professor Amir Licht (IDC Herzliya).
To join the Association and for further details, please contact the Secretary of the Association, Dr. Ronit Levine-Schnur at ronit.levine@mail.huji.ac.il