Strategic Assessment

Since its establishment, the State of Israel has committed itself to the principles of the rule of law and the protection of human rights, both in times of combat and in times of calm. Israel’s battle against threats to its national security must be waged within the framework of the law, and in accordance with the legal norms practiced among the family of democratic nations. One of the supervisory and control mechanisms to ensure that these legal norms are indeed followed is judicial review conducted by the Israeli Supreme Court in relation to matters of national security. The judicial review, which is not intended to replace, and cannot replace, the operational decision making process of IDF commanders, is not only a key element of national security; in many respects it is the source of Israel’s strength and reflects the State’s commitment to the rule of law. The Supreme Court, not a distant and detached critic, is familiar with Israel’s security needs and the unique reality the State confronts. This familiarity enables the Court to apply the law in a way that is most applicable to the facts at hand.