Research Archive

Law Enforcement In The Arab Sector

By | Recent, Rights, Duties and Law

Three years following the October 2000 events, the Or Commission published its recommendations for the improvement of the relations between the Israeli police and the Arab society. The commission’s report made recommendations in three major areas: the treatment of Israeli Arabs as non hostile, the promotion of dialogue and cooperation between the police and the Arab society, and equal enforcement of the law in the Arab sector. This paper examined the degree to which these recommendations have been implemented in the 15 years since the issuance of the Orr Commission’s report.

With regards to the treatment of Arabs by the police, we found that the Israeli police uses excessive force towards the Arab society compared to the Jewish society. However, based on the data examined, it is hard to determine whether this is the result of discriminatory practices or the relatively high friction between the police and parts of the Arab population. In addition, the Arab sector is, to some extent, subject to over-policing. In recent years, the percentage of arrests that didn’t result in pressing charges among Israeli Arabs was significantly higher than its equivalent in the Jewish sector. These issues have probably accounted for the decline in the level of trust in the police among Israeli Arabs since 2003.
With regards to strengthening the dialogue between the police and the Arab sector, we found that government decisions aimed at expanding the Civil Guard apparatus in the Arab sector have been partially implemented. Moreover, Arab volunteers in the police make up a small part in proportion to their share in the population.

With regards to equal law enforcement in the Arab sector, we found that major Arab cities are still lacking in police stations. This is in part the result of objections by some of the Arab municipalities to allocate lands for the purpose of establishing new police stations. In addition, Arabs’ participation rate in the police force is much lower than their share in the population. Efforts to tackle these problems have been made as part of the implementation of government decision No. 922.

Our research concludes that, in the 15 years since the issuance of the Orr Commission’s report, there have been minor improvements, however, there is still a lot to be done to amend the relationship between the Israeli police and the Arab sector. For this to happen, the Israeli government should take measures against police officers who use excessive force and continue to promote equal law enforcement. It is also critical that Arab leaders and elected officials work together with the Israeli police to encourage more Israeli Arabs to join the police.

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ribui kashruiot

By | Kashrut, Religion and State | No Comments

ריבוי כשרויות בישראל

מחקר זה בוחן את תופעת ריבוי הכשרויות בשוק מצרכי המזון המיוצרים בישראל. מטרת המחקר היא לאמוד את היקף התופעה ולהסיק מן הממצאים לגבי מידת הרלוונטיות של כשרות הרבנות הראשית ליצרני המזון. הממצאים מצביעים באופן מובהק על נכונותם הגבוהה של יצרני מזון בישראל לרכוש הכשרים פרטיים מעבר לכשרות הרבנית המחויבת מכוח החוק, חרף העלויות הנוספות הכרוכות בכך.
מצאנו עוד כי במקרים רבים תפקודה של הרבנות הראשית אינו אפקטיבי או נעדר ערך מוסף מבחינה כשרותית.

למחקר המלא…

Family Reunification through the Lens of the Nation State

By | Rights, Duties and Law

Claims are periodically voiced against the Citizenship and Entry into Israel Law (Temporary Order) that prohibits the entry into the Green Line of Palestinians in order to reunite with their Arab spouses living in Israel.  The law was legislated in 2003 and ahead of its (annual) renewal, there are those calling for its annulment due to its supposed discriminatory nature. This paper examines the justifications for preventing family reunification and demonstrates that unlike the approach of the Supreme Court which bases its support for the law solely on grounds of security, the demographic justification – preserving a stable Jewish majority – also bears not insignificant weight. This study presents the foundation of this justification – the legitimate existence of the nation state. The discussion of this illustrates the importance of the Nation State Law as providing validation for the various means of defending the State of Israel as the nation state of the Jewish People, including, preventing family reunification.

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Is population density a threat to Israel’s future?

By | Demographics

Warnings of a demographic threat have been periodically issued in Israel in recent years. This time, however, the concerns are not of the risk of an Arab majority but rather, of extreme over-population… in the Jewish sector of the population!

The demographer, Yakov Faitelson has conducted a study which refutes these fears. Here are the main findings: Read More

The Interdependence of Righs and Duties

By | Rights, Duties and Law

This study seeks a better perspective on the legitimacy of conditional civil rights in democratic nations.

To this end, we examined legal practices that pertain to pledging allegiance and prisoners’ voting rights in the 15 most liberal countries according to the Freedom House index. We also reviewed the conscription policy in  7 democratic nations that still uphold (needed) conscription and have an equal to or higher rate than Israel in the Freedom index.

Allegiance: Like Israel, 9 out of the 15 states require naturalized citizens to pledge allegiance to the state–Canada, Netherlands, Australia, New-Zealand, Uruguay, Denmark, Ireland, Austria, Belgium.

One state (Japan) upholds a similar procedure which involves a declaration to choose Japanese nationality by the naturalized citizen. Read More

Law Enforcement In Judea and Samaria

By | Rights, Duties and Law

This study examined methods of law enforcement in Judea and Samaria in three case studies: enforcement of building laws, enforcement of water laws, and enforcement of traffic laws. The study’s objective is to present the reality on the ground, primarily according to findings in relevant State Comptroller reports, and to explain the problems involved in these issues and their broader context. The main findings are presented below:

  • In the field of building it seems that there is significant under-enforcement, leading to many illegally constructed buildings not being demolished. This state of affairs stems from coordination and policy failures at different stages of the demolition process. Furthermore, no criminal enforcement exists against those violating the building laws.
  • In the water field, the lack of coordination between all the relevant bodies results in almost unhindered water theft in Judea and Samaria. The authorities fail to efficiently seal the illegal boreholes and sever the pirate connections. Here too, the authorities fail to conduct criminal proceedings against violators of the law.
  • In the field of traffic, there are two legal systems in Judea and Samaria. The Palestinians are tried before a military court while Israelis are tried by an Israeli court. A dispute regarding jurisdiction between the military prosecution and the Judea and Samaria Police has led to a situation whereby Palestinian drivers suspected of traffic offences are almost never brought to trial in the military courts.

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Democracy in Dilemma: Means for Fighting Terror

By | Israel Among Nations | No Comments
Amit Eisenman, one of the Institute’s researchers, has recently focused on the question of the legitimacy of using singular measures of punishment and deterrence to combat a singular crime – terror. In keeping with our best tradition, we chose to examine the issue by means of a comparative study with the aim of refuting the claim that targeted preventative killings, demolitions of houses and revocation of citizenship are unreasonable means in a democratic regime.
The study examines the use of these three practices in the fight against terror in the member countries of the G7 – Canada, France, Germany, Italy, Great Britain and the US. This study aims to enhance the perspective of decision-makers in Israel and to demonstrate how different countries contend with the similar challenges of fighting terror they share. The main findings are presented below:
Regarding targeted preventative killings, 4 of the 6 countries examined maintain armed UAVs (Unmanned Aerial Vehicle) intended for use in this faculty. In practice, such killings have been employed by 3 of these countries in recent years (those with larger armed forces and broader scope of operations).
Although this form of house demolition is a procedure uniquely instigated by the State of Israel, a person convicted of terrorism in France also forfeits his assets to the state.
Revocation of citizenship is the most commonly employed means of those studied: all the above countries employed this practice and apart from Canada, which has foregone its use, revocation of citizenship is still implemented by the other countries. In Italy, a terrorist’s citizenship may be revoked even if he remains stateless as a result.

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The Truth according to Breaking the Silence: An Analysis of Testimonies

By | Fighting Anti-Israel Activity | No Comments

In recent years, the Breaking the Silence organization has released a series of publications that expose a database of IDF soldier testimonies from their service in Judea and Samara, as well as the various Gaza operations. Based on these testimonies, Breaking the Silence has concluded that the IDF is in a moral and ethical decline. This decline, they explain, is the direct result of the continuous existence of the “occupation” policy.

In light of the organization’s statements about a systematic moral deterioration of the military system, we have conducted research in which we have carefully examined 100 of the total testimonies presented by BTS – according to select criteria: incident time and location, military layout, described damage type, context, etc., in order to deeply examine BTS’ testimonies and the validity of their conclusions.

The research suggests that there is no correlation between BTS’ claims and the conclusions suggested by their presented testimonies. Our research indicates several fundamental problems that impair the validity of BTS’ conclusions regarding the IDF’s warfare practices and its routine conduct with civilians

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Total Fertility Trends in Israel

By | Demographics | No Comments

Total Fertility Trends in Israel:Total Fertility Trends in Israel: How did the Demographic Time Bomb become a Demographic Miracle? Summary Researchers and policy makers periodically air the claim that the Arab population between the Jordan River and the Mediterranean is growing at a rate double to that of the Jewish population, a fact that will, in the near future, lead to the negation of the Jewish majority. This concern, known as the “demographic time bomb”, stands at the heart of a dispute among different demographists and arouses an intense argument in Israeli academic and public discourse. The objective of this paper is to construct an accurate picture of the demographic reality in Israel and to assess the true dimensions of the demographic threat.As is well known, two mechanisms determine the size of a population: life expectancy at different ages and the rate of fertility.  In this paper, we examined the trend of the total fertility rate among population groups living in Israel according to nationality, religion and different settlement regions over a range of periods. Furthermore, we compared this trend with the development of the total worldwide fertility rate and of the populations of different countries in the Middle East. An analysis of the data gathered revealed both trends of growth among the Jewish and Arab populations during the last 60 years and expectations for the future. A summary of the main findings is presented below:

• At the beginning of the 21st century, a turnaround was registered in the fertility level of the Jewish population: Total Jewish fertility had previously declined for 45 years, from the beginning of the 1960s until the end of the century. Until 1995, the total fertility rate among Jews in Israel was the lowest of all Middle Eastern countries and significantly lower than the total fertility rate among the Arab population living in Israel. However, the total Jewish fertility rate began to rise rapidly from 2001, reaching 3.16 children per woman in 2016. This figure was higher than the total fertility rate in 10 of the 15 Middle Eastern countries surveyed and higher than the total fertility rate of the Arab population in Israel, Judea and Samaria, and Gaza. In only 4 countries in the Middle East – Iraq (4.06), Yemen (3.77), Egypt (3.30), Jordan (3.18) and in the Gaza Strip (3.91 or 4.30 depending on the estimation of the US Census Bureau) – was the total Arab fertility rate higher than that of the Jews in Israel. Read More

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