On May 25th 2018, the Israeli Supreme Court rejected, in a unanimous decision of a three judge panel, a petition by a group of NGOs which challenged the legality of the Rules of Engagement (RoE) employed by the IDF in the violent clashes which took place near the fence separating the Gaza Strip and Israel between March and May 2018.Some conclusions.
The judgment of the Supreme Court in the Yesh Din case is important in several respects: it is faithful to the traditional view of the Supreme Court that military activity of all kinds, while deserving deference, is justiciable. It reinforces the importance of independent investigations of possible violations of LOAC.
- However, the Supreme Court’s discussion on international law seems to raises some questions.
- On the other hand, however, the court’s application of international law is problematic[.]