Israel
Looking back to 2016: “Israel’s Supreme Court strives to find right balance between security needs, civil rights”
Introduction: In the June 8, 2016 issue of The Jewish Post & News Myron Love reported on an event that had been held at Congregation Etz Chayim that May. The event was a presentation by an emissary of the World Zionist Organization by the name of Rotem Malach about the important – and balanced role, Israel’s Supreme Court had played in that country to that point. The article also delved into a documentary film about the tenure of Aharon Barak as President of the Supreme Court for an 11-year period, from 1995-2006. Barak is now held up as an example of a too activist, too liberal judge by those who would seek to emasculate Israel’s Supreme Court and turn it into nothing more than a handmaiden of Israel’s Knesset.
We thought it timely to republish that article, especially since Israel’s Supreme Court has been the subject of withering criticism by many right-wingers in that country.
Here is that article:
By MYRON LOVE
It is a real challenge in a democratic society in our current age of terrorism to find the right balance between civil liberties and the needs of security. In Israel, which has been living under the threat of terrorism throughout the country’s entire existence, there is an added layer to deal with in finding that balance between religious and civil law.
For Israel’s Supreme Court, finding that mean is akin to walking a tightrope – which happens to have been the theme for a presentation – on Thursday, May 19, at Congregation Etz Chayim – by one Rotem Malach. Currently based in San Francisco, Malach is the central emissary of the World Zionist Organization’s Department of Diaspora Activities for North American. His stopover in Winnipeg was part of a cross Canada tour to raise awareness of the role of Israel’s Supreme Court in “defending and shaping the Jewish and democratic identity of the State of Israel”.
The central part of Malach’s presentation was a showing of the documentary film, “The Judge”, which focuses on the life and career of Aharon Barak, who served on the Supreme Court for almost 30 years and served as President of the Court from 1995 to 2006. Barak’s interview during the film was also the only interview that he ever gave.
But first, some preliminaries. Malach noted that the court is staffed by 15 judges (although individual cases are judged by smaller groupings of judges). Judges in Israel are not political appointees, he said. The following are qualified to be appointed Justice of the Supreme Court: a person who has held office as a judge of a District Court for a period of five years, or has taught law at a university. Supreme Court Justices are appointed by a Judicial Selection Committee composed of nine members – including three sitting Supreme Court Justices (including the President of the Supreme Court), two cabinet min- isters (one of them being the Minister of Justice), two other Knesset members, and two representatives of the Israel Bar Association. The committee is chaired by the Minister of Justice.
As Malach pointed out, political persuasion (left or right wing, Conservative or (left or right wing, Conservative or Liberal, religious or secular, Jewish or Arab) plays no role in the selection. Current Supreme Court members include four women (one of whom is president) and one Christian Arab.
In the documentary, Aharon Barak comes across as a man of great courage and high principle who was focused on find- ing the right balance for the good of Israeli society. A child Holocaust survivor (he was hidden by a family in Lithuania), he first came to prominence in 1977 when, as Israel’s attorney-general, he prosecuted Leah Rabin for having an American bank account (which was illegal in Israel at that time) and forced Prime Minister Itzhak Rabin to resign.
As he noted in the interview, that case showed that no one in Israel is above the law.
At the Camp David accords, he was the primary Israeli negotiator in the negotiations that led to the Israel-Egypt peace treaty.
As a member of the Supreme Court and President of the court, he was involved in a number of controversial decisions, one example of which was ruling in 1996 that a certain main road in Jerusalem should be kept open on Shabbat outside of hours of prayer. That decision brought an estimated 400,000 Haredim on to the streets of Jerusalem surrounding the Supreme Court building to protest the decision.
Among other rulings during his tenure were that Israeli soldiers were not allowed to place Palestinian civilians in danger by having Palestinians knock on doors of houses that IDF soldiers were about to raid, and that the separation barrier (dividing Israel proper and Israeli communities across the Green Line from the Palestinian territories) is legal (with some minor modifications).
Following the film, Malach led his audience through a sheet with a series of statements about what is and isn’t legal in Israel. The answers were often surprising. For example, gay marriage, interfaith marriages and civil marriages are all legally recognized in Israel. The catch is that the marriages have to be performed outside of Israel because the rabbinate doesn’t recognize them.
Similarly, Reform and Conservative conversions are recognized in Israel despite the refusal of the Orthodox Rabbinate to recognize such conversions.
The sale of pork is also legal in Israel in certain areas.
“The values of human rights have a supreme legal status in the State of Israel,” Malach summed up, “and the Supreme Court of Israel is one of the strongest and most active courts in the world when it comes to protecting human rights.”
Israel
It’s Not Over Until It’s Over
By ORLY DREMAN (Jerusalem, Nov. 16, 2025) When the live hostages were returned a stone was lifted from our hearts. It was like going from Memorial Day to Independence Day. It is a relief after two years of sadness and worry about the hostages being tortured. With the ceasefire it feels good not to think every ambulance alarm is a siren and that we must run to the shelter. I would like to take things out of the shelter- like mattresses, chairs, water, first aid kit, a generator, flash light, batteries, games and canned food and put back the stuff that was there before when it was just a storage room, but it is not over. I do not see tranquility in the horizon. The children used to ask the grownups to take money to the shelter in case the house is destroyed and they will have nothing left. They also ask if they will have to be soldiers when they grow up and if they might die. We want a better future for our children. My two nieces, one from Tel Aviv and one from the center, plus several good friends whose houses were hit, can now return home.
In days of turmoil it is important to build hope and strength. The whole country was one big family due to our Jewishness, comradeship, the connection of each one of us to each family in Israel. We missed the days of quiet and freedom. Now you see more people shopping at the malls and going out to restaurants without feeling guilty; we would like to be bored.
We are living with uncertainty. It is not a question if Iran attacks, but when. Our people have gone through so much and lost so much. Living in existential stress, we are now going back to routine tension; however, now we already have chronic sleep disturbances. The reservists got out of the war, but the war will never leave them – what they saw and experienced – the trauma and the thoughts that never leave. Therefore, many soldiers, as well as survivors of Oct 7th, have committed suicide. The reservists are also those who paid the highest prices, not just on the battle fields, but also when they returned to civilian life. Because they served in the army during such a long war, they were fired from their jobs or lost their businesses and they are in debt.
Early in the morning we wake up to hear the news. There is no good news – only the names of those who were killed (even during the cease fire). We check if any dead hostages were returned. These are the values we were raised on; we do not leave anyone behind. Hamas is returning them slowly, one every few days. The relatives of the fallen who are still in Gaza are going through a storm of emotions. We cannot heal until everybody is back home. Then come the funerals – which are heart breaking, but it is a closure for those bereaved families. Hearing about Jews being attacked somewhere in the world is already considered normal. I recommend reading a book by Eli Sharabi called “Hostage.” After being tortured in captivity he returned to find out that his wife, his two daughters, and his brother were murdered. He tells about the starvation, the darkness, the loneliness, the physical and mental pain. He is a very brave, strong, optimistic man who chose life.
In the last few weeks there have been many reports about Iran, which is rushing to develop missiles for which they are getting the components from China and North Korea. Hamas and Hezbollah we cannot believe; they are already rearming. For every terrorist that is killed hundreds of new ones arise. We believed them in the past and then came Oct. 7th.
The ceasefire is not significant to Hamas. Only this week they returned an Israeli hostage who was taken into captivity eleven years ago during a ceasefire. If they do not return all the bodies then we feel in our hearts that it is not over. They suck hatred from birth. They are incited at the mosques and at school. Killing Jews is the most grand thing for them. They say out loud that there will never be reconciliation. Peace talk for them is a weakness because if you have talk then you cannot attack and they want to attack. Whatever we offer them – they want more and more. They know how important the holiness of life is to us, so they use it to demand more all the time. Maybe Hamas did not defeat us militarily, but they did beat us politically. The situation of Israel in the world is the worst it has ever been. We are isolated economically and socially. We feel like a child who is excommunicated by bullies.
Once again we still have hope that the words of the prophet Isaiah will happen: “They shall beat their swords into plowshares and their spears into pruning-hooks. Nation shall not lift up sword against nation, neither shall they learn war anymore”.
Israel
Israeli Parliament Advances Death Penalty Bill for Convicted Terrorists
The Israeli parliament has advanced a bill that would mandate the death penalty for Palestinian terrorists convicted of killing Israeli citizens, with some lawmakers believing it would prevent future prisoner-release deals.
In a vote held late on Monday – the first of four needed for the measure to become law – the bill passed with 39 in favor and 16 against, out of 120 lawmakers.
Far-right National Security Minister Itamar Ben–Gvir had called on all political factions to back the bill, which he has said was aimed at creating deterrence against “Arab terrorism.”
“This is how we fight terror; this is how we create deterrence,” he said in a statement after the initial vote. “Once the law is finally passed — terrorists will be released only to hell.”
SOME PARTIES BOYCOTTED MONDAY’S VOTE
The bill will now move to a parliamentary committee for further debate before a second and third vote. It is not guaranteed that it will become law, with several key political parties having boycotted Monday’s initial vote.
Opposition leader Yair Lapid was quoted by Israeli media as saying that he would not vote in favor of the bill.
The PLO, the Palestinian national umbrella political group, condemned the vote, with Palestinian National Council Speaker Rawhi Fattouh calling the draft law “a political, legal, and humanitarian crime”. The vote was also criticized by the Palestinian terrorist group Hamas.
Israel abolished the death penalty for murder in 1954, and the only person ever executed in Israel after a civilian trial was Adolf Eichmann, an architect of the Nazi Holocaust, in 1962.
Ben–Gvir has argued that imposing the death penalty would deter anyone considering an attack similar to the Hamas-led assault on southern Israel on Oct. 7, 2023, which killed nearly 1,200 people, most of them civilians, and resulted in 251 hostages being taken to Gaza.
Israel stopped its ensuing military campaign against Hamas last month, when a tenuous ceasefire was agreed that included the release of 20 remaining living hostages held in Gaza, plus the remains of deceased ones in exchange for nearly 2,000 Palestinians held in Israeli prisons.
PRISONER RELEASE DEALS
Israel has released hundreds of Palestinian prisoners and detainees since October 2023 in exchange for the release of the hostages that were being held by Palestinian terrorists.
Most of the hostages have been released except for the remains of three deceased Israelis and one foreigner.
Tzvika Foghel, a member of Ben–Gvir‘s Jewish Power party and chair of the parliamentary national security committee, where the bill will now be debated, said imposing the death penalty would mean no more prisoner deals.
Palestinians who have been released have included many convicted of serious crimes, including murder.
Hamas leader Yahya Sinwar, a mastermind of the October 2023 attack on Israel, was released in 2011 as part of an exchange of more than 1,000 Palestinian prisoners for one Israeli soldier held in Gaza. Some Israeli politicians such as Ben–Gvir have, during the war in Gaza, opposed the release of Palestinians who were involved in the killings of Israelis.
Ben–Gvir handed out sweets to fellow lawmakers after the initial vote passed. Critics noted that, in Gaza, some Palestinian militants had handed out sweets to the public after the October 2023 attack.
Israel
Israel report by former Winnipegger Bruce Brown
10 minutes
(Posted Dec. 24, 2024)
02:11 AM: Sound asleep.
2.11.01 AM: Wide awake. Awoken by a blaring missile alarm. Incoming. Took me no time to react. Ivan Pavlov would be proud. I quickly scooped up my dog. Grabbed my glasses. An inhaler. My phone and power cord. And sprinted to the safe room. Right across the hall. My wife overseas on vacation. So did this one alone. Er with my dog. We have 90 seconds to reach safety so no real panic, relatively speaking.
2.11.09 AM: In my safe room. Slid shut the heavy steel slabs across the window. You can hear this happening throughout the building. Kinda like a horror movie. Screech. Slam. Screech. Slam. Screech. Slam. Then mine. Screech. Slam. Next I jumped across the room and slammed shut the heavy, reinforced, steel door. It also makes a slamming sound, a really loud one. Then slumped down on the couch with my dog. With some level of relief. Where is this missile coming from. Can’t be from Gaza, they don’t have the capability anymore…I hope. Nor Lebanon, living too far south…I hope. Yemen? Possible. Those dang Houthis?
2. 14 AM: Oh oh. Need to pee. Like really bad. Once in the safe room, you should stay there for ten minutes. Unless there is another siren. Each siren requires a ten minute respite. Respite? Odd choice of words as you are not really resting. Way too tense. Especially as you can occasionally hear the booms of intercepted missiles up above. Kind of unnerving. Back to my need to pee. Its quite dangerous leaving the room during this period. Should your place be hit by the missile or falling debris from the sky. You don’t want to be caught with your pants down, literally, hovering over your toilet. And condos have been hit in Rehovot with some death and much destruction. Hmmm. To pee or not to pee. That is the question. Whether tis better to suffer the pangs of having to pee or the missiles of outrageous fortune. You get the point.
2.14.10 AM: Peeing in the bathroom.
2.14.40 AM: Back in the safe room. With my dog. Sitting on the couch. Fiddling with the remote control. I work in hi tech. The semiconductor world which can be pretty complex. But I simply have not mastered the remote. Really want to see what’s going on. Where is the missile from. Are there more attacks elsewhere in the country. Pushing this button and that button But the TV still off. Okay. Will check my cell. Although the connection sometimes comes and goes when shuttered in the heavily reinforced concrete and steel safe room. Works! Ya! Showing three bars. Sometimes four. Checking my feeds. But no news yet.
2.17 AM: Seriously. I need to pee again. Like really bad. Dang prostate! To pee or not to pee. That is the question…. You get the point. I chose to pee. This time I don’t actually slam shut the heavy, reinforced, steel door. And my dog follows me out. This could get complicated. But first things first.
2.17.10 AM: Peeing in the bathroom.
2.17.40 AM: Chasing after my dog around the condo. Poncho!!! There he is. In the living room. Like master. Like pet. He too is relieving himself. Probably the tension. Dogs can sense these things. “Faster Poncho!. Faster!” I encourage him.
2,18.02 AM: We’re back in the safe room. The heavy, reinforced, steel door slammed shut. And then I start worrying. What if I have to pee again. Its really dangerous out there. Idea! I’ll bring a cleaning pail in here. And if worse comes to worse. Well, I am alone. Sans my dog.
2.18.22 AM: I dart for the cleaning cabinet in the bathroom to grab the pail. Making sure the heavy, reinforced, steel door is shut less my dog run out again. Wait! As it dawns on me at 02.18.22 AM. This is not the smartest thing to do. At least I could have combined grabbing the pail with actually having to pee again. Like maybe I could hold out for the next three minutes or so in the safe room. No urgent need for the pail. But I am already there….
2.18.25 AM: Grab the red cleaning pail
2.18.28 AM: Back in the safe room. The heavy, reinforced, steel door slammed shut again. Siting on the couch with my dog again. Red pail glaring at me from the side of the room…daring me. But my bladder is relaxed. I try the remote again. I feel like my 85 year old mother who often complains about getting her remote to work. I console myself thinking that it must be the batteries. Hmmm. Maybe a mad rush for the utility room to get some new batteries. But that would be mad. I’ll take care of it in the morning. Only a few more minutes and I can safely leave the safe room and go back to bed.
2.19.45 AM: I pour myself a glass of mineral water. This I store in the safe room per Homefront commands. Fresh batteries not, hrmph. As I down the water I realize this is probably not the best idea. Less it creates the urge to pee…. Alas no. Start surfing my feed again. The intercontinental missile was fired by those crazy, dang Houthis from Yemen. All of central Israel sent to their safe rooms. Dang Houthis! The next couple minutes go by pretty smoothly. Although seems like an eternity.
2.21 AM: Back in bed. Albeit sleep comes slowly as my adrenaline starts to reside.
As it were. Israel bombed the dang Houthis that night. For the third time since the outbreak of the war. In retaliation for them firing over 200 ballistic missiles and 170 drones at Israel, which fortunately had not resulted in much damage. We struck them with over 60 bombs in two air raid sorties. Destroying mainly military targets as well as ports and energy infrastructure. Maybe that will teach them for waking me -and a million other Israelis- in the middle of the night.
As it were. Falling debris from the dang Houthi attack landed on a school in central Israel, forcing its collapse. Fortunately and thank G-d it was the middle of the night. Sometime between 2:11 AM and 2.21 AM. So no casualties. Can’t even imagine the tragedy had this strike occurred mid-day.
As it were. I changed the batteries in the remote. It works just fine now. And I left the red cleaning pail in the safe room….just in case. But I hope the dang Houthis finally learned their lesson. Although probably not.
As it were. Two nights later. Another 2:00AM missile from the dang Houthis. . They just wont let me sleep….
As it is. Please continue donating to the Israeli war and revival efforts. You may have given earlier. But give again. The financial costs to Israel are and will be billions. Billions! Sderot and Metulla and Tel Avi and Haifa are Israel’s front lines. Israel is the diaspora’s front line.
Bruce Brown. A Canadian. And an Israeli. Bruce made Aliyah…a long time ago. He works in Israel’s hi-tech sector by day and, in spurts, is a somewhat inspired writer by night. Bruce is the winner of the 2019 American Jewish Press Association Simon Rockower Award for excellence in writing. And wrote the 1998 satire, An Israeli is…. Bruce’s reflects on life in Israel – political, social, economic and personal. With lots of biting, contrarian, sardonic and irreverent insight