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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles

HOW THE BASIC CATEGORIES OF LAWS WORK TO VIOLATE CIVIL RIGHTS:

  • I. LAWS COMPROMISING DEMOCRACY - One way Israel compromises the democratic nature of its government ...
Point to be
Examined
    • 1. Lopsided Government - Legislature dominates government without check.
Details
Requested
      • A. Not developing a Constitution or Bill of Rights by which to judge the law-making activities of the Knesset (more details & quotes);
      • B. Limiting judicial review (until 1995) (more details & quotes);
      • C. Empowering Knesset to pass "emergency legislation" which can violate previously laws passed, and largely has no legal moral limits (more details & quotes);
      • D. Having full control over choice of Executive Branch of the government (the Knesset elects the President of the State who then chooses the Prime Minister and OK's the PM's choice of Ministers which make up his cabinet (more details & quotes).
International Human Rights Law concerning this form of discrimination. * INTRODUCTION - the legislation that creates this lopsided government which maintains power in the hands of the Zionist groups and parties that came from them, and reduces the power of minority opinions violates the principle that all peoples should have equal access and opportunity to influence their government and play a role in their government.

In Israel they create the lopsided government by giving all the power to the legislature, by (1) making the most powerful member of the Knesset become the Prime Minister (the executive branch), by having great control over the choosing of the Supreme Court (which has greatly weakened its own ability to pass judgment on the actions of the Knesset), and by awarding itself emergency powers to pass emergency legislation that can violate all controls and limits from normal democratic functioning.

It is important to note though that this system was created in Israel not just to keep control of the government in the hands of the founding Zioninst groups, but also to simplify the political process in Israel which tends to be very fractious, with comflict brewing all the time between the Zionist conservatives, Jewish religious right, secular liberals, etc. During the 1990's the Israeli government tried an experiment to have a Prime Minister elected directly by the people independent of the Knesset, and the results were chaos because the man elected was not the natural leader of the Knesset. The result was that he had a much more difficult time uniting the factions of the Knesset in order to get the work of the nation done. Following this disastrous result, the Knesset went back to largely choosing one of their own as the Prime Minister.

But this system still does disempower minority groups, especially when combined with the other forms of discrimination described here (such as inhibiting rights of free speech and association). And thus this still does violate international human rights law especially because one of its purposes is to develop Israel as a Jewish State, special for the Jewish people, which inevitably would require the state to practice discrimination in order to be special to the Jewish people.

Here is what some of the international laws say about this particular kind of discrimination - unequal access and participation in government:

  • 1. Universal Declaration of Human Rights (10 December 1948)
    • Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
    • Article 21.
      • (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
      • (2) Everyone has the right of equal access to public service in his country.
      • (3) The will of the people shall be the basis of the authority of the government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

  • 2. International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965)
    • Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
      • (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

  • 3. International Covenant on Civil and Political Rights (16 December 1966)
    • Article 2.
      • 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
    • Article 25. Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
      • (a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
      • (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
      • (c) To have access, on general terms of equality, to public service in his country.

  • 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)

    * NOT APPLICABLE TO THIS COVENANT *

  • 5. International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976)
    • Article II.
      • c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;


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(C) Israel Law Resource Center, February, 2007.

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