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43-542: The commission was chaired by President of the Supreme Court Meir Shamgar , and included Gen. (res.) Zvi Zamir and Prof. Ariel Rosen-Zvi. Key figure of the General Security Services appeared in front of the commission, especially figure from the personal protection unit, police representatives, members of the prime ministers entourage that evening, doctors who cared for Rabin upon his arrival at

86-545: A description of the incident scene, the assassination, evacuation, and medical treatment. The confidential parts of the report described the work of GSS agent Avishai Raviv , who was involved in gathering intelligence within right-wing elements in Israel. The report determined that the assassination was made possible as a result of security failures at the scene, lack of coordination between various bodies responsible for security, non-adherence to instructions and procedures, leading to

129-628: A judge, or is removed from office. As of October 2024 , the Supreme Court judges are: Yitzhak Amit (1958, Israel) Noam Sohlberg (1962, Israel) Daphne Barak-Erez (1965, United States ) David Mintz (1959, UK ) Yosef Elron (1955, Israel) Yael Willner (1959, Israel) Ofer Grosskopf (1969, Israel) Alex Stein (1957, USSR , now Moldova ) (1958, Israel) (1958, Israel) (1962, Israel) (1961, Israel) Keren Azulay and Lior Mishaly Shlomai serve as

172-470: A judgment or decision of the Magistrates’ Courts. The Supreme Court sits as a panel of five Judges or more in a rehearing on a matter in which the Supreme Court sat with a panel of three Judges. The Supreme Court may sit as a panel of a larger uneven number of Judges than three in matters that involve fundamental legal questions and constitutional issues of particular importance. In a case on which

215-567: A lax security ring. It was critical of Shin Bet , Israel's internal security service, for exposing the Prime Minister to "serious risks", and for failing to act on threats to the prime minister's life by Jewish extremists. The report stated that on Saturday evening, 4 November 1995, the assassin, Yigal Amir , left his home in Herzliya and took the bus to Tel Aviv , where he waited in the parking area of

258-453: A minimum of five years practicing law in Israel. These requirements may be waived for a person recognized as an "eminent jurist", although this special category has only been used once for an appointment. The three organs of state—the legislative, executive, and judicial branches of government—as well as the bar association are represented in the Judges' Nominations Committee. Thus, the shaping of

301-514: A ruling of the Court justifies such hearing. The Supreme Court, both as an appellate court and the High Court of Justice, is normally constituted of a panel of three Judges. A single Supreme Court Judge may rule on interim orders, temporary orders or petitions for an order nisi , and on appeals on interim rulings of District Courts, or on judgments given by a single District Court judge on appeal, and on

344-636: A searchable online database at Versa . They can also be found on the Court's own site and have been published in hard copy in annual volumes by William S. Hein & Co. as the Israel Law Reports . In addition, the Israel Ministry of Foreign Affairs, in cooperation with the Court, has published three volumes of English translations of selected decisions entitled Judgments of the Israel Supreme Court: Fighting Terrorism within

387-578: A small group of the actors. A third type of criticism, by right-wing activists, claims that the mostly Israeli right-wing conspiracy supporters embarrassed the Israeli right by supporting fringe theories for which no evidence exists. The conspiracy theorists, according to this criticism, move the debate away from the responsibility of what they call the "perpetrators of the Oslo crimes". These right-wing critics conclude that right-wing conspiracy theorists ultimately serve

430-437: A “further hearing” on its own judgment. In a matter on which the Supreme Court has ruled, whether as a court of appeals or as the High Court of Justice, with a panel of three or more Judges, it may rule at a further hearing with a panel of a larger number of Judges. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of

473-580: Is a lead opinion for the majority, but there is no "opinion of the Court" as such. Each participating Judge will either note that she or he concurs in the lead opinion (and possibly another opinion as well) or write a separate concurrence. It is not unusual for most or all of the participating Judges to write separately, even when they agree as to the outcome. The Court's opinions are available in Hebrew on its own website and from Nevo . A relatively small subset has been translated into English. These are available in

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516-574: Is determined by a resolution of the Knesset. Currently, there are 13 Supreme Court Judges with 2 vacant places. At the head of the Supreme Court and at the head of the judicial system as a whole is the President of the Supreme Court, and the Deputy President. A judge serves until reaching 70 years of age, or the judge resigns, dies, is appointed to a position which is disqualifying from continued service as

559-582: Is the highest court in Israel . It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction . The Supreme Court consists of 15 judges appointed by the President of Israel , upon nomination by the Judicial Selection Committee . Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. Yitzhak Amit became

602-559: The Minister of Justice ), two Knesset members, and two representatives of the Israel Bar Association . Appointing Supreme Court Judges requires a majority of 7 of the 9 committee members, or two less than the number present at the meeting. All candidates for appointment to the Supreme Court must have a minimum of five years of experience as a district court judge or otherwise at least ten years of professional legal experience including

645-469: The Bar Association. As the High Court of Justice ( Hebrew : בית משפט גבוה לצדק , Beit Mishpat Gavo'ah LeTzedek ; also known as its acronym Bagatz , בג"ץ), the Supreme Court rules on matters within its original jurisdiction , primarily regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under

688-563: The Court Magistrate Judges (or "Registrars"). Below is a list of presidents of the Supreme Court. As an appellate court , the Supreme Court considers cases on appeal (criminal, civil, and military ) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of

731-562: The GSS security branch resigned as well. Benny Lahav, head of the personal security unit was dismissed at the recommendation of the Shamgar commission. Proponents of a conspiracy theory do not accept the commission's findings. After the report was published, an appeal was made to the Supreme Court to order the Minister of Health to open an inquiry into the evacuation of the prime minister and into

774-568: The Law . These are part of the Versa database and also can be found online at the MFA's website . In the 1980s and the 1990s, the Supreme Court established its role as a protector of human rights, intervening to secure freedom of speech and freedom to demonstrate, reduce military censorship, limit the use of certain military methods and promote equality between various sectors of the population. However critics question

817-547: The President of the Supreme Court sits, the President is the Presiding Judge; in a case on which the Deputy President sits and the President does not sit, the Deputy President is the Presiding Judge; in any other case, the Judge with the greatest length of service is the Presiding Judge. The length of service, for this purpose, is calculated from the date of the appointment of the Judge to the Supreme Court. A special power, unique to

860-448: The Supreme Court, is the power to order a retrial on a criminal matter in which the defendant has been convicted by a final judgment . A ruling to hold a retrial may be made where the Court finds that evidence provided in the case was based upon lies or was forged; where new facts or evidence are discovered that are likely to alter the decision in the case in favor of the accused; where another has meanwhile been convicted of carrying out

903-561: The Supreme Court—with the agreement of seven of its nine members. The following are qualified to be appointed Judge of the Supreme Court: a person who has held office as a judge of a District Court for a period of five years, or a person who is inscribed, or entitled to be inscribed, in the roll of advocates, and has for not less than ten years –continuously or intermittently, and of which five years at least in Israel – been engaged in

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946-804: The acting President of the Supreme Court of Israel on 1 October 2024 after Vogelman stepped down, until a permanent president is appointed by the Judicial Selection Committee, which may take place sometime in November. The Court is situated in Jerusalem 's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset . When ruling as the High Court of Justice ( Hebrew : בֵּית מִשְׁפָּט גָּבוֹהַּ לְצֶדֶק , Beit Mishpat Gavo'ah LeTzedek ; also known as its acronym Bagatz , בג"ץ),

989-568: The agent, Avishai Raviv , was an agent provocateur . At one protest, he was filmed with a picture of Rabin in an SS uniform prior to Rabin's murder. He was known to have been on close terms with the assassin, with whom he had been heard discussing Rabin's rodef (outlaw to be killed) status. Supreme Court of Israel The Supreme Court of Israel ( Hebrew : בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן , romanized :  Bet HaMishpat HaElyon , Hebrew acronym Bagatz ; Arabic : المحكمة العليا , romanized :  al-Maḥkama al-‘Ulyā )

1032-426: The assassination of Israeli Prime Minister Yitzhak Rabin on November 4, 1995. The perpetrator, Jewish Israeli law student Yigal Amir , was apprehended within seconds by people in the crowd. Rabin later died on the operating table at Ichilov Hospital . Amir confessed to the assassination of Rabin. The assassination was reported as a clear-cut matter in Israeli media, and the Shamgar national inquiry commission and

1075-526: The building where the rally Rabin was attending took place. He mostly leaned on the back of a gray GMC van, whose driver was in the vehicle, with the door opened, in a spot with a clear view of the stairs leading from the stage to the parking area, but also stood behind a large potted plant. At 21:45, Rabin and Shimon Peres started for their cars. Peres passed the assassin, and then Rabin and his entourage walked towards his car. The Prime Minister's security detail comprised five men, most of whom remained unnamed in

1118-415: The care he received when he reached the hospital. The court dismissed the appeal, stating that the inquiry had been covered by the Shamgar report, and that the appeal failed to introduce new evidence. During November 1996 the government published some of the confidential sections of the report. These revealed that Shin Bet used a high-profile right wing militant as one of their agents. This led to claims that

1161-489: The commission's report. As Rabin passed the plant near which the assassin was standing, he fired three shots; two of which hit Rabin, and a third which hit the head of the security detail, Yoram Rubin. Immediately after the first shot was fired, a member of the security detail, and a number of special patrol unit officers jumped on the assassin. The report stated that yells of "blank! blank!" were heard, but their source could not be identified. The commission determined that after

1204-422: The conspiracy theories. The most common type refutes and relativizes claims made in the conspiracy theories or by the conspiracy theorists and points out that the theories are detached from Israeli political culture, social relations and historic events. This criticism is not necessarily politically "coloured" and may refer to both right-wing and left-wing conspiracy theories. The other criticism focuses entirely on

1247-491: The court all drew the same conclusion that Amir was guilty of murder. Nevertheless, some inconsistencies in the evidence have been alleged, both in the medical records and in the inquiry testimony. These allegations and other suspicions have been included in occasional left-wing, and more prevalent right-wing conspiracy theories . Conspiracy theorists have made some or all of the following claims, while others have opposed these conclusions. There are three types of criticisms of

1290-474: The court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court may review actions by state authorities outside of Israel. By the principle of binding precedent ( stare decisis ), Supreme Court rulings are binding upon every other court, except itself. Over

1333-453: The hospital, and the pathologist Dr. Yehuda Hiss , who determined the cause of death. The commission also received a video of the events . The Shamgar commission held its first meeting on 19 November 1995, and submitted its findings on 28 March 1996, in a partially confidential report. The public report dealt with security arrangements that were in effect, division of labor between different security elements (GSS, police, Special Patrol Unit),

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1376-496: The hospital, the driver went to get a gurney, and he, Rubin, and a police officer laid the prime minister on it, and ran him to the trauma room. According to the driver's estimate, they reached the hospital within a minute and a half. According to hospital records, they arrived at 21:52. The report included the testimony of Prof. Gabi Barbash , who stated that Rabin arrived at the emergency room with no pulse or vital signs, and resuscitatation began immediately. Barbash testified that

1419-525: The judicial body, through the manner of judicial appointment, is carried out by all the authorities together. Supreme Court Judges cannot be removed from office except by a decision of the Court of Discipline, consisting of judges appointed by the President of the Supreme Court, or upon a decision of the Judicial Selection Committee—at the proposal of the Minister of Justice or the President of

1462-619: The law, and direct challenges to the constitutionality of laws enacted by the Knesset. The Israeli Defense Forces are also subject to the HCJ's judicial review. The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. The High Court of Justice grants relief through orders such as injunction , mandamus and Habeas Corpus , as well as through declaratory judgments . The Supreme Court can also sit at

1505-407: The more common, right-wing theories. A second, mostly Israeli left-wing criticism, attacks the very existence of such theories as a denial of what they consider to be right-wing "responsibility" for the murder. This "responsibility" for the murder would have been by creating an extremely hostile environment for Rabin, in which Amir and his immediate accomplices Hagai Amir and Dror Adani were just

1548-488: The power of the Supreme Court to check future actions of the government. On 1 January 2024 the Supreme Court overturned the bill in an 8-7 decision. Supreme Court Judges are appointed by the President of Israel, from names submitted by the Judicial Selection Committee , which is composed of nine members: three Supreme Court Judges (including the President of the Supreme Court), two cabinet ministers (one of them being

1591-447: The profession of an advocate , served in a judicial capacity or other legal function in the service of the State of Israel or other service as designated in regulations in this regard, or has taught law at a university or a higher school of learning as designated in regulations in this regard. An "eminent jurist" can also be appointed to the Supreme Court. The number of Supreme Court Judges

1634-584: The role of the court in protecting the human rights of Palestinians in the West Bank and point to double standards in their application. According to a 2017 poll by non-profit organization Israel Democracy Institute , the Supreme Court is the only State institution that the majority of both Jewish (57%) and Arab citizens of Israel (54%) have trust in, marking a slight increase from their 2016 poll. Yitzhak Rabin assassination conspiracy theories Conspiracy theories arose almost immediately following

1677-448: The same offense and it appears from the circumstances revealed in the trial of that other person that the original party convicted of the offense did not commit it; or, where there is a real concern for miscarriage of justice in the conviction. In practice, a ruling to hold a retrial is very rarely made. The Court announces its judgments through individually signed opinions setting out the result and underlying reasoning. In general, there

1720-402: The shots were fired, the Prime Minister and Yoram Rubin were pushed into the car, and Rubin ordered the driver to leave. No one was sure if Rabin had been hit, and none of the medical personnel on site were consulted. After approximately 30 seconds, Rabin's head fell forward. Rubin tried to resuscitate him, unsuccessfully. The driver drove to Ichilov hospital via Arlozerov Street. Upon reaching

1763-483: The spine. The official report stated that Shin Bet Director, Carmi Gillon , carried responsibility for the security failures. Gillon, who resigned after the assassination, issued a public statement after the publication of the report which he ended by saying: "I also salute my former colleagues, who have been so gravely—and in my opinion so unjustly—hurt by this official commission of inquiry." Dror Yitzhaki, head of

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1806-405: The wound was made by a bullet that hit the back right shoulder, near the spine. The penetration area was the region where the ribs meet the spine. A vertebra was hit, and the doctors noticed damage, that could not be diagnosed, to the spinal cord itself. The pathologist, Dr. Yehuda Hiss , determined that the cause of death was an injury to the lungs and spleen, bleeding. Hiss mentioned no injury to

1849-473: The years, it has ruled on numerous sensitive issues, some of which relate to the Israeli–Palestinian conflict , the rights of Arab citizens , and discrimination between Jewish groups in Israel. On 24 July 2023, the Knesset passed a bill to prevent the Supreme Court from 'consider[ing] the reasonableness of a decision of the government, the prime minister, or any other minister', which would diminish

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