Aharon Barak

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Aharon Barak

Aharon Barak

[Brennan and Marshall's torch-bearers today mostly sit on courts in Canada and South Africa and Israel and Europe. Those places don't have centuries-old constitutions, and as a result, judges there tend not to care about originalism. They talk and write unapologetically about dignity, equality, and the human spirit. And many of them don't think judicial restraint is a paramount virtue or worry that they're imposing their values from on high.] A judge should also be part of his people, ... I sit on a bench located in thMore Aharon Barak [03/29/2018 05:03:36]
The Supreme Court of Israel shall give the full appropriate weight to the norms of international law as developed and interpreted by the ICJ in its advisory opinion,More Aharon Barak [03/29/2018 05:03:36]
One example of this is the unbridled attacks by some of the media on the majority ruling of Cohen's disciplinary court. The criticism included inferences that ties of friendship between one of the judges and the judge's attorney shaped the outcome of the hearing; that the judges ought to admit their error in public; and that the ruling was ridiculous, distorted and revolting. This isn't criticism. This is attacking for its own sake,More Aharon Barak [03/29/2018 05:03:36]
it is practically difficult to estimate when [a civilian's] consent was freely given and when the result of obvious or concealed pressures.More Aharon Barak [03/29/2018 05:03:36]
You cannot exploit the civilian population for the army's military needs, and you cannot force them to collaborate with the army, ... Based on this principle, we rule it illegal to use civilians as human shields, and we also rule it illegal to use civilians to pass military warnings from the army to those the army wants to arrest.More Aharon Barak [03/29/2018 05:03:36]
You cannot exploit the civilian population for the army`s military needs, and you cannot force them to collaborate with the army,More Aharon Barak [03/29/2018 05:03:36]
You cannot exploit the civilian population for the army's military needs, and you cannot force them to collaborate with the army.More Aharon Barak [03/29/2018 05:03:36]
It is uncommon that there is ever really free will ... Ninety-nine out of 100 times, it's not free will. It is very difficult to confirm will, and I am concerned that when an army unit comes at night, no one will refuse to collaborate, out of fear.More Aharon Barak [03/29/2018 05:03:36]
The army has no right to use civilians as human shields. . . . It is cruel and barbaric,More Aharon Barak [03/29/2018 05:03:36]
Based on this principle, we rule it illegal to use civilians as human shields, and we also rule it illegal to use civilians to pass military warnings from the army to those the army wants to arrest.More Aharon Barak [03/29/2018 05:03:36]

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