The Use of International Jurisprudence in Domestic Courts: The Israeli Experience

Marlene Wind (ed) International Law and Domestic Politics (Forthcoming)

22 Pages Posted: 26 Apr 2015

See all articles by Yael Ronen

Yael Ronen

Academic Center for Science and Law, Hod Hasharon; Hebrew University of Jerusalem - Faculty of Law, Minerva Center for Human Rights

Date Written: April 25, 2015

Abstract

This article examines the practice of the Israeli Supreme Court in referencing the jurisprudence of international courts and tribunals when interpreting international law by which Israel is bound. It notes the paucity of such referencing and examines its uses. While international jurisprudence has a very limited role in guiding the Court’s own interpretative enterprise, it serves the Court in enhancing the legitimacy of its decisions in the eyes of both domestic and international audiences.

Keywords: international courts and tribunals, legitimacy, laws of armed conflict, Israel

Suggested Citation

Ronen, Yael, The Use of International Jurisprudence in Domestic Courts: The Israeli Experience (April 25, 2015). Marlene Wind (ed) International Law and Domestic Politics (Forthcoming), Available at SSRN: https://ssrn.com/abstract=2599016

Yael Ronen (Contact Author)

Academic Center for Science and Law, Hod Hasharon ( email )

5 Margoa St.
Hod Hasharon, 45101
Israel

HOME PAGE: http://en.mishpat.ac.il/yael_ronen/

Hebrew University of Jerusalem - Faculty of Law, Minerva Center for Human Rights ( email )

Mount Scopus
Jerusalem, 9190501
Israel

HOME PAGE: http://https://en.law.huji.ac.il/people/yael-ronen

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