Public Committee Against Torture in Israel v. Israel

46 I.L.M. 375 (Isr. 2007)

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Public Committee Against Torture in Israel v. Israel

Israel Supreme Court sitting as the High Court of Justice
46 I.L.M. 375 (Isr. 2007)

  • Written by Rose VanHofwegen, JD

Facts

The second Palestinian uprising or intifada against Israel (defendant) began in 2000. Palestinian groups launched terrorist attacks against Israeli civilian targets, killing and wounding thousands over the next five years. Israel responded with preventive strikes targeting terrorists suspected of planning or carrying out the attacks. The strikes killed nearly 300 terrorist organization members, but also killed approximately 150 nearby civilians. The Public Committee Against Torture in Israel (plaintiff) petitioned the High Court of Justice to declare Israel’s preventive strike policy unlawful.

Rule of Law

Issue

Holding and Reasoning (Barak, President (Emeritus)

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