Israel’s High Court of Justice has found itself under fire from both liberal and conservative groups as it navigates complex legal issues stemming from the ongoing war. While liberal groups accuse the court of being too slow to act on violations of fundamental rights, conservative voices argue that its interference hampers the government’s ability to manage the war effectively.
In one significant case, the legal advocacy group HaMoked filed petitions in December demanding writs of habeas corpus for 62 Gazans detained without charge since the war began. These detainees, arrested for unspecified reasons, were held at undisclosed locations, which HaMoked claimed was outside the rule of law. However, the court rejected the petition, stating that each case must be reviewed individually. Some detainees were held incommunicado for over seven months before being granted access to lawyers.
The High Court’s role in balancing civil rights and national security has drawn fierce debate. Liberal groups, such as the Association for Civil Rights in Israel (ACRI), claim that the court has been too timid in defending rights. Many petitions challenging government actions were initially dismissed without hearings, including those against overcrowded prison conditions and bans on anti-war protests.
Conservatives, on the other hand, criticize the court for what they see as judicial overreach. They argue that judicial scrutiny during wartime distracts the military and government from their priorities. Ze’ev Lev from the Movement for Governance and Democracy believes the court should wait until after the war to address these issues, allowing the government to focus on protecting citizens.
Despite these criticisms, the court has occasionally exerted pressure on the government, such as allowing limited anti-war protests and questioning the state’s humanitarian aid policies. However, activists argue that the court’s interventions are too restrained and slow, pointing out that some petitions, such as those concerning Palestinian prisoners’ rights, remain unresolved.