August 2023, IJL Petitions to Join the proceedings relating to the abolition of the Standard of Reasonableness, as amicus curiae
The Executive Committee and the Board of the International Association of Jewish Lawyers and Jurists (IJL) has authorized its members, Adv. Meir Linzen ( President of the IJL), Adv. Irit Kohn (former President of the IJL and Director of the International Affairs Department of Israeli Ministry of Justice), and Prof. Irwin Cotler (an expert in the areas of international law and human rights and former Minister of Justice of Canada) to file with the Israeli Supreme Court a Motion to join the petitions relating the abolition of the Standard of Reasonableness, as amicus curiae.
In its Motion, the IJL raised constitutional arguments not previously considered in the petitions filed with the Supreme Court regarding the harmfulness of the abolition of the Standard of Reasonableness to the fundamental values of Israel as a Jewish state and its status as a member of the international legal community.
According to the IJL, the abolition of the Standard of Reasonableness harms the basic constitutional right of every Jew to immigrate to Israel, since the court is no longer allowed to review the reasonableness of decisions of the Minister of the Interior to deprive people of this right. The IJL explains that the abolition of the Standard of Reasonableness also harms the ties between the State of Israel and the Jewish people and is likely to be exploited to increase anti-Semitism aimed at Jewish communities around the world.
The IJL also referred to the fact that the State of Israel is a party to several international treaties that establish the right to a “fair hearing”, according to which the rights of every person will be heard before an independent judiciary that is capable of awarding him effective relief in respect of any human rights infringement. According to the IJL, the abolition of the Standard of Reasonableness harms this international obligation of the State of Israel, which has been guaranteed to date to a large extent by the Standard of Reasonableness.
The Motion was filed (on a pro bono basis) on behalf of the IJL by Adv. Joseph Ashkenazi and Dr. Roy Schondorf from the Herzog Fox & Neeman Law Office.
