International Law Forum

What is the International Law Forum?

The International Law Forum is an academic center devoted to the more effective development of international law and policy, by supporting experts and scholars in the field. Since its establishment in 2004, the Forum has sought to provide a medium through which outstanding research, review, public debate, and the widespread dissemination of international law issues could be pursued. 

 

What are the Forums' Goals?

The Forum aims to facilitate the assembly and dissemination of information pertinent to current developments in International Law. Other activities of the Forum aim to improve the manner in which international law is interpreted, and subsequently utilized by States, from within their domestic spheres.

 

Forum Activities

In pursuit of its goals, the Forum actively engages interested academics, advanced students, government officials, lawyers and NGO activists from both Israel and abroad, and brings them together in one location to present their research findings and opinions.
The Forums' current range of activities includes:
 
  1. Weekly seminars: In the seminars, research papers are presented and recent developments in international law are discussed. The program for the coming Semester is available here.
  2. Year in Review: The Forum organizes an annual meeting that aims to discuss the major developments in international law in the passing year. 
  3. 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. 
  4. Research projects: The Forum initiates the establishment of specific study groups in order to study in-depth specific international law issues. 
  5. 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. See here.
  6. 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 2021-2022

The meetings of the International Law Forum in the coming semester will take place on Mondays, at 13:00. 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:  

Date Speakers

Topics

1st Semester

11/10/2021

 

Introduction Session 

18/10/2021

 

Prof. Yuval Shany & Prof. Amichai Cohen

 

The Switch: Israel’s High Court of Justice Transition from Occupation Law to Human Rights Law

25/10/2021

TBA

Updates on Developments in International Law

06/12/2021

Prof. Veronika Fikfak

TBA (via Zoom)

 

13/12/2021

Prof. Eyal Benvenisti

 

TBA

20/12/2021

Prof. Freya Baetens

TBA (via Zoom)

 

27/12/2021

Dr. Tamar Megiddo

 

Obscurity and Non-Bindingness in Regulation of Labor Migration

 

03/01/2022

--

Year in Review- 2021

10/01/2022

Prof. Neha Jain

Statelessness in international law

(via Zoom)

2st Semester

 

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

 

Other forums and conventions

Final event of the National Competition on International Humanitarian Law

Dear Colleagues, 

The International Committee of the Red Cross (ICRC) is pleased to invite you to the final event of the Seventh National Competition on International Humanitarian Law (IHL) for students in Israel.

The event will take place on Thursday, November 14, 2013 at 16:45 at Mishkenot Sha'ananim – Jerusalem. An invitation is attached here.

Please RSVP to: eaboresi@icrc.org

We look forward to seeing you

The Joint International Humanitarian Law (IHL) Forum

ALMA and the Radzyner School of Law of the Interdisciplinary Center (IDC) would like to invite you to the next session of the Joint International Humanitarian Law Forum. The session will be held on October 30, 2013, at 18:30 in room S4 in the IDC.

In this session Adv. Yaniv Roznai will present his new paper:

"Cracking the Nuc" in the Legal Field: An Israeli Attack on Iran's Nuclear Facilities From an International Law Perspective


Workshop- Economic and Social Rights in National Constitutions

The Leonard Davis Institute for International Relations and the Department of International Relations (Doctoral Workshop) will be hosting on Tuesday, June 17, 2013,  Prof, Courtney Jung from the Department of Political Science at the University of Toronto.

Prof. Jung will deliver a talk on "Economic and Social Rights in National Constitutions".  The talk will take place within the framework of the doctoral workshop for IR Ph.D. students, on Tuesday June 17, 2013, between 1630 and 1800 in Room 5420 Social Sciences.

 

Conference- Law & Security: Perspectives from the Field and Beyond

An invitation is attached here.

Criminal law workshop event - torture

On Monday, June 17th, the Criminal Law workshop will host prof. David Luban (Georgetown   university), who will present a chapter from his book: Defining Torture in Law and in Life.

The workshop will take place between 18:30-20:00 in room 119 at the Law Faculty building.

The Fiscal Crisis and how it has changed the EU: A Legal Perspective

Prof. Dr. Jörn Axel Kämmerer (Bucerius Law School, Hamburg) will discuss the topic this Tuesday (June 11th).

See attached invitation.

A workshop on the history of international law

On Tuesday, May 28th, The workshop on the history of law would be hosting prof. Rande Kostal from the University of Western Ontario.

Prof. Kostal will present his book: 

Laying Down the Law:  The United States and the Legal Reconstruction of Germany and Japan, 1945-49

Excerpts from his book are attached here.

The workshop will be conducted at 16:30-18:00 at room 119.

Research

Call for Pre-Proposals

See the attached file.

  

SSRN Publications of Forum Members

Moot courts and competitions

ICRC

ICRC National Competition

The National IHL Competition is a four-day event organized by the International Red Cross and Red Crescent delegation in Israel. During the competition, teams of three students from different Israeli academic institutions participate in several rounds of simulations that not only test their knowledge of international humanitarian law but also their ability to apply it to real-life situations (such as giving legal advice on the legitimacy of bombing a bridge which is used to transport weapons to enemy troops but is also essential to the delivery of essential food supplies to the civilian population). 

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. 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 Faculty’s history 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. More 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. Most recently, the 2013-2014 Hebrew University team narrowly lost on a split decision to the finalist team in the competition. 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 (2014-2015).

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 Shannon Kisch at: kischdrs@gmail.com

The Current Team 2017-2018

Coaches: Adv. Shannon Kisch and Yedida Jacobs

  naama

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.    

 

  smadar

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.   

 

  aviel

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. 

 

  guy

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.

 

  michael

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 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.

     
  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.

     
  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.

     
  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).

     
 

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.

     
    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.

     
    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.

     
    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.

     
 

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 Competition


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:

  1. To allow top law students worldwide to improve their knowledge of international criminal law in practice, and in particular, the ICC and its proceedings.
  2. 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.
  3. 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.


For the 2013 edition, a record number of 37 teams will be participating, from 27 countries worldwide! The 6th edition of the ICLN ICC Trial Competition will take place from 21 until 26 April 2013 in The Hague, the Netherlands. The finals of the Competition will take place at the ICC and will be adjudicated by actual ICC Judges!

In April 2013, Faculty students will participate in the 6th edition of the ICLN ICC Trial Competition at The Hague. This will be the second year in which faculty students participate in this competition: last year's team included Adam Shahaf, who is the assistant coach for this year's team. The team begun working this summer, but accelerated the pace of its work once it received the problem case in early November. 



The Hebrew University Team
2012-2013
The team is coached by Dr. Rotem Giladi. Its participation in the Competition is sponsored by the Minerva Center for Human Rights, with the support of the Law Faculty and the Israel Ministry of Foreign Affairs.
 

Yulia Kniazev
Yulia was born in Minsk, Belarus in 1987, and moved to Israel with her family in 1994. She grew up in Arad and studied at Ort Zimetbaum, Class of 2006. Yulia served in the IDF between the years 2006-2009 as an International Relations Officer. Currently, she is studying Llb Law and International Relations at the Hebrew University of Jerusalem, Class of 2013. 



Eitan Kaplansky 
Born in Chicago, Illinois in 1988, and moved to Israel with his family in 1999. Studied at Yeshivat Ner Tamid in Hashmonaim, Class of 2006. Currently studying law at the Hebrew University of Jerusalem (LLB), Class of 2015. 



Sharon Aviram 
Sharon was born in 1987 in Tel Aviv, Israel. She graduated from Maccabim-Reut High School, Class of 2005. Sharon served in the IAF between the years 2005-2011 as an interceptor officer. Today, Sharon is a second year Law student in Hebrew University in Jerusalem, Israel. She is an alumnus of the StandWithUs Israel Fellowship of 2012. 



Eitan Smith 
Born 1988 in Jerusalem. Studied at the Hebrew University Secondary School (leyada), Jerusalem, Class of 2006. Today studies at the Hebrew University Faculty of Law in the Law& Business Management (M.A) Program, class of 2012. 

Links

Think Tanks

BESA Center for Strategic Studies (Bar-Ilan University)

www.biu.ac.il/Besa

Harry S. Truman Institute for Peace (Hebrew University)

www.truman.huji.ac.il

International Policy Institute for Counter-Terrorism (ICT)

www.ict.org.il

Israel Democracy Institute

www.idi.org.il

Israel Policy Forum

www.israelpolicyforum.org

Jaffee Center for Strategic Studies (Tel Aviv University)

www.tau.ac.il/jcss/

 

Jerusalem Center for Public Affairs

www.jcpa.org

Jewish Institute for National Security Affairs

www.jinsa.org

Jewish People Policy Planning Institute (JPPPI)

www.jpppi.org.il

Leonard Davis Institute For International Relations

www.davis.huji.ac.il

Myers-JDC-Brookdale Institute

www.brookdale-en.pionet.com

Present Tense Institute for Creative Zionism

http://creativezionism.weebly.com

Tami Steinmetz Center for Peace Research (T.A.U.)

www.tau.ac.il/peace

Taub Center for Social Policy Studies in Israel

www.taubcenter.org.il

Washington Institute for Near East Policy

www.washingtoninstitute.org

Research on international law

ASIL Guide to Electronic Resources for International Law

http://www.asil.org/resource/humrts1.htm#Section5

 

United Nations Treaty Collection

http://untreaty.un.org/

International Law Commission

http://www.un.org/law/ilc/

Electronic Information System for International Law

http://www.eisil.org/

European Society of International Law

http://www.esil-sedi.eu/english/

American Society of International Law

http://www.asil.org/

Harvard International Law Journal Online

http://www.harvardilj.org/

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

http://www.lcil.cam.ac.uk/

Jean Monnet Program at NYU

http://www.jeanmonnetprogram.org/

Institute for International Law and Justice at NYU

http://www.iilj.org/

Erik Castrén Institute of International Law and Human Rights, Helsinki

http://www.helsinki.fi/eci/

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

http://www.cjicl.org.uk/

 

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

http://www.kluwerlawonline.com/index.php?area=Journals

Israel

Israel’s Supreme Court

http://www.court.gov.il/heb/home.htm

Israel Ministry of Foreign Affairs

http://www.mfa.gov.il/mfa

President of Israel

http://www.president.gov.il/defaults/default_en.asp

Israal Government Portal:

http://www.gov.il/

Israel Defense Forces

http://dover.idf.il/

Bank of Israel

http://www.bankisrael.gov.il/

Israel's Ministry of Trade

http://www.moit.gov.il/

Israel's State Comptroller and Ombudsman

http://www.mevaker.gov.il/serve/site/english/index.asp

Israel's Central Bureau of Statistics

http://www.cbs.gov.il

Manufacterers Association of Israel

http://www.industry.org.il/

Israel Export and International Cooperation Institute

http://www.export.gov.il/

European Forum at the Hebrew University: Links to Government and Official Bodies and Research and Education in Israel

http://www.ef.huji.ac.il/ef/links/Israel.shtml

Economic law

World Trade Organization

http://www.wto.org

2012 WTO news

http://www.wto.org/english/news_e/news_e.htm

 

World Bank

http://www.worldbank.org

International Centre for Trade and Sustainable Development

www.ictsd.org


International Development Research Centre

www.idrc.org


Organisation for Economic Co-operation and Development

http://www.oecd.org

United Nations Conference on Trade and Development

www.unctad.org


International Economic Law and Policy Blog

http://worldtradelaw.typepad.com/


Trade Law Center for Southern Africa

http://www.tralac.org/

ASIL International Economic Law Interest Group

http://www.asil.org/economiclaw/index.html

European Union

External Trade
http://ec.europa.eu/trade/

ישרדISERD 

http://www.iserd.org.il


האיגוד הישראלי ללימודי אירופה

www.biu.ac.il/soc/iasei

אתר הפורום האירופי של האוניברסיטה העברית

http://www.ef.huji.ac.il/

Friedrich Ebert Stiftung: עלון היחסים העסקיים בין האיחוד האירופי לישראל

http://www.fes.org.il/hebrew/israel_eu.asp

European Law Blog

http://europeanlawblog.eu/?page_id=75

International Courts and tribunals

Project on International Courts and Tribunals

http://www.pict-pcti.org/

International Court of Justice

http://www.icj-cij.org/

International Criminal Court:

http://www.icc-cpi.int/

International Tribunal for Law of the Sea

http://www.itlos.org/

Permanent Court of Arbitration

http://www.pca-cpa.org/

European Court of Human Rights

http://www.echr.coe.int/echr/

International Criminal Tribunal for the Former Yugoslavia:

http://www.un.org/icty/

International Criminal Tribunal for Rwanda:

http://www.ictr.org/

Special Court for Sierra Leone

http://www.sc-sl.org/

 

Extraordinary Chambers in the Courts of Cambodia:

http://www.eccc.gov.kh/english/

 

Iraqi Special Tribunal

http://www.iraqispecialtribunal.org

Blogs on international law

International Law Reporter

http://ilreports.blogspot.co.il/

 

Lawfare

http://www.lawfareblog.com/

 

Opinio Juris

http://opiniojuris.org/

 

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

http://www.ecjblog.com/

 

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

http://worldtradelaw.typepad.com/

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:

http://www.icrc.org/

International Humanitarian Law Research Initiative

http://www.ihlresearch.org/ihl/

Human Rights Law

Human Rights Library

http://www1.umn.edu/humanrts/

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

http://www.globelaw.com

United Nations Environment  Programme

http://www.unep.org

Commission for Environmental Cooperation

http://www.cec.org

Intergovernmental Panel on Climate Change

http://www.ipcc.ch

European Commission: Environment Directorate General

http://ec.europa.eu/dgs/environment/index_en.htm

European Environment Agency

http://www.eea.europa.eu

European Environmental Law

http://www.eel.nl

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

http://www.oas.org/dsd

UN: Division for Sustainable Development

http://www.un.org/esa/sustdev

UN: Food and Agriculture Organization

http://www.fao.org

International Atomic Energy Agency

http://www.iaea.org

World Bank: Environment

http://go.worldbank.org/B28KB6VQQ0

World Meteorological Organization

http://www.wmo.ch

Asia-Pacific Center for Environmental Law

http://law.nus.edu.sg/apcel

Pace Virtual Environmental Law Library

http://www.law.pace.edu/environment/VEL.html

Greenpeace

http://www.greenpeace.org


International Organizations

United Nations

http://www.un.org

UN News Centre

http://www.un.org/News/

European Union

http://europa.eu.int

International Monetary Fund

www.imf.org

Asia Pacific Economic Cooperation (APEC):

http://www.apecsec.org.sg

Association of South East Asian Nations (ASEAN):

http://www.asean.or.id

Organization of American States -OAS: 

http://www.oas.org/

Amnesty International

http://www.amnesty.org

World Health Organization

http://www.who.int

International Maritime Organization

http://www.imo.org

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

Archive

Meetings' Program – 2nd Semester, 2015-2016

Topics

Speakers

Date

International Tribunals and Collective Memory

Prof. Moshe Hirsch

1.3.16

  New Directions in the Study of International Law:
Treaty Interpretation in International Law (Shereshevsky)
An Unlikely Hard Place: The Surprising Role of International Law in U.S. Regulatory Rulemaking (Megido)

Mr. Yahli Shereshevsky

Ms. Tamar Megido

15.3.16

Updates on Developments in International Law:

TBD

29.3.16

Evolution of Investment Law in the Context of State-Driven Change and Arbitral Responses

Prof. Wolfgang Alschner 

24.5.16

Paris Climate Change Agreement

Prof. Daniel Bodansky

31.5.16

TBD

 Prof. Jeffrey Dunoff

7.6.16

The Case for an International Court of Civil Justice

Prof. Maya Steinitz

14.6.16

 

Meetings' Program – Second Semester, 2014-2015

Topics

Lecturers

Date

ICJ case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia)

Prof. Andreas Zimmermann (University of Potsdam)

3/3/2015

The New Way of War: Is There a Duty to Use Drones?

 

Prof. Oren Gross 
(University of Minnesota)

18/3/2015

International Legal Theory and Psychology

Prof. Anne van-Aaken (University of St. Gallen)

14/4/2015

 

Resolution 242 Revisited: New Evidence on the Required Scope of Israeli Withdrawal

Prof. Eugene Kontorovich (Northwestern University)

28/4/2015

Lawyers in Warfare: Who Needs Them?

Dr.  Ziv Bohrer 
(Bar-Ilan University)

12/5/2015

WTO Panelists Are From Mars, ICSID Arbitrators Are From Venus: Why? And Does it Matter?

Prof. Joost Pauwelyn (Institute of International and Development Studies)

16/6/2015 (15:00)

TBA

Update meeting

23/6/2015

 

Meetings' Program – Second Semester, 2013-2014

Date

Speakers

Topics

18.2.14

Prof. Tomer Broude
Adv. Tal Mimran
Shany Friedmann

Updates on Recent Developments in International Law:
Decision Regarding Seals in the WTO
The Jones Judgment of the ECHR
Continental Shelf in the Arctic Ocean 

4.3.14

Prof. Yoram Haftel 

When Do States Renegotiate International Agreements? The Case of Bilateral Investment Treaties

18.3.14

Dr. Guy Harpaz

The EU's Insistence on Non-Extraterritorial Application of its Trade Agreements with Israel: A Paradigm Shift or PR Exercise?

29.4.14

Dr. Shai Dothan

Why Granting States a Margin of Appreciation Supports the Formation of a Genuine European Consensus

13.5.14

Prof. Eugene Kontorovich

State Practice on Economic Dealings With Occupied Territories

20.5.14

Prof. Robert Howse

Leo Strauss, Carl Schmitt and 'German Nihilism'

10.6.14

Dr. Tilmann Altwicker

What is Transnational Counter-Terrorism Law? – Prevention and Human Rights

17.6.14

Prof. Robbie Sabel, Dr. Yael Ronen, Yahli Shereshevsky

Updates on Recent Developments in International Law

 

Meetings' Program – 1st Semester, 2013-2014

Date

Speakers

Topics

22.10.13

Prof. Moshe Hirsch

Prof. Robbie Sabel – Humanitarian Intervention

Dr. Eitan Barak – Chemical Weapons

Dr. Gilad Noam – International Criminal Law

The Conflict in Syria: An International Law Perspective

29.10.13

Prof. Malcolm N. Shaw

Legality and Legitimacy in International Law (Will be held at Beit Maiersdorf, Romm 501)

5.11.13

Prof. Anne Peters

International Constitutional Law - Are we Moving towards Constitutionalization of the World Community?

12.11.13

Prof. Tomer Broude

Behavioral International Law

26.11.13

Dr. Tally Kritzman-Amir

Dr. Rotem Giladi

The Status of Refugees in Israel – Past and Present

17.12.13

Prof. Dan Bodansky - Canceled

"The Who, What and Wherefore of Geoengineering Governance" (121 Climate Change 539)

24.12.13

Prof. Ruti Teitel

Transitional Justice and Judicial Activism – A Right to Accountability?

6.1.13

16:00-20:00 in Beit Meirsdorf, Mt. Scopus, The Hebrew University in Jerusalem.

The Annual conference of the International Law Forum

14.1.14

Adv. Hile Echerman, Adv. Daniel Geron, Dr. Shai Dothan

Updates on Recent Developments in International Law

   

Meetings' Program – 2nd Semester, 2012-2013

Date

Speakers

Topics

23.4.13

Prof. Christoph Schreuer

Do We Really Need International Investment Arbitration

9.4.13

Prof. Dan Joyner

International Legal Issues relevant to Iran's Nuclear Program

5.3.13

The Turkel Report: Prof. Yuval Shany The Nature of Investigations: Dr. Michelle Lesh

The Nature of Investigations under International Law: Reflections on the Turkel Report and Beyond

9.4.13

Prof. Dan Joyner

International Legal Issues relevant to Iran's Nuclear Program

23.4.13

Prof. Christoph Schreuer

Do We Really Need International Investment Arbitration

30.4.13

Prof. Yuval Shany

Liron A. Libman

Alexandra Manea

Updates on Recent Developments in International Law

7.5.13

Prof. Eyal Benvenisti

The Contributions of National and International Courts to Domestic Democratic Processes

21.5.13

Prof. Asif Efrat

Combating the Kidney Commerce: Civil Society against Organ Trafficking in Pakistan and Israel

4.6.13

Marcia Harpaz

Assessing China's WTO Compliance after a Decade in the WTO

11.6.13

Prof. Marcelo Kohen

Uti Possidetis and Maritime Delimitations

18.6.13

Prof. Yuval Shany, Dean of the faculty
Dr. Gilad Noam
Ben Clarke

Updates on Recent Developments in International Law

 

Other Meetings and Conventions:

  • On November 5, 2013 Professor Anne Peters, Director at the Max-Planck-Institute for Comparative Public Law and Public International Law, Heidelberg, discussed the topic "International Constitutional Law".
  • On October 29, 2013, Professor Malcolm Shaw, Sir Robert Jennings Professor of International Law, University of Leicester; and Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge discussed the topic - "Legality and Legitimacy in International Law".
  • on Tuesday, June 11, 2013 Prof. Marcelo Kohen, the Graduate Institute of International and Development Studies, Geneva, will discussed the topic "Uti Possidetis and Maritime Delimitations".
  • on Tuesday, June 4, 2013, Marcia Don Harpaz, discussed the topic "Assessing China's WTO Compliance after a Decade in the WTO".
  • on Tuesday, May 21, 2013, Prof. Asif Efrat, from the Interdisciplinary Center Herzliya, discussed his paper "Combating the Kidney Commerce: Civil Society against Organ Trafficking in Pakistan and Israel".
  • on Tuesday, 7 May 2013, Prof. Eyal Benvenisti discussed he's paper on the topic: Democracy Enhancing Courts: How National and International Courts Are Cooperating to Solve Global Democratic Dilemmas (coauthored with George W. Downs).
  •  On Tuesday, 30 April 2013, recent developments in International law were discussed:
  1. Prof. Yuval Shany, the Dean of the faculty, discussed the process of strengthening the human rights treaty bodies (as background reading material attached is the report of the United Nations High Commissioner for Human Rights on the strengthening of treaty bodies. Please read the Introduction and sections 1 and 2 of the report).
  2. Liron A. Libman will discussed the new arms trade treaty (follow this link to a blog post by Liron on the subject).
  3. Alexandra Manea discussed the recent Judgment of the European Court of Human Rights in the case of Catan and others v. Moldova and Russia.
  • On Tuesday, April 23, 2013, Prof. Christoph Schreuer discussed the topic "Do We Really Need International Investment Arbitration?"
  • On Tuesday, April 9 2013, Prof. Dan Joyner presented the topic: "International Legal Issues relevant to Iran's Nuclear Program". 
  • On April 3rd 2013, at the Igal Arnon Law and History Workshop, Tel Aviv University Faculty of law, hosted Alan Nissen, for a presentation of his article- 
    The Turn to Technique in International Law.
     

 

Digest of Israeli Practice in International Law

Digest of Israeli Practice in International Law

 Project Outline, December 2020

  1. 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.
  2. 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.
  3. 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:
  1.  treaties signed or ratified by Israel (and relevant reservations and declarations).
  2. primary and secondary legislation;
  3. government decisions;
  4. official legal memos;
  5. statements by state officials (including explanations of votes in international organisations);
  6. official correspondence with foreign governments and international organisations;
  7. court decisions and, where relevant, legal submissions to international and national courts.
  1. 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.
  2. 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  

Domestic legal framework

World Health Organization 

Aviation

Trade  

Entry into and exit from Israel  

Foreigners

Diplomats  

Nationals and permanent residents  

Demonstrations  

Medical treatment

Israel  

West Bank and Gaza  

West Bank  

Gaza  

Restrictions on legal process 

Israel  

West Bank

 

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  

Domestic legal framework

World Health Organization 

Aviation

Trade  

Entry into and exit from Israel  

Foreigners

Diplomats  

Nationals and permanent residents  

Demonstrations  

Medical treatment

Israel  

West Bank and Gaza  

West Bank  

Gaza  

Restrictions on legal process 

Israel  

West Bank

 

Domestic legal framework

  • GeneralThe 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.
     
  • 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.
     
  • 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]
     
  • 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

  • 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.
     
  • 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.

  • 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).

  • 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]
     
  • 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.

[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.pdfhttps://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.

 

 

[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.

[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)).

[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.

[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]

 

 

[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).

[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’).

[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.

[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.

[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.