Travel Reference
In-Depth Information
Israel's twenty-nine magistrate or peace (
shalom
) courts deal mainly with criminal and civil
offenses in which the penalty is under seven years' imprisonment or a fi ne of under a million
shekels. They also function as municipal, family, small claims, traffi c, and tenancy courts. One
judge generally presides in each case unless the president of the court decides otherwise.
Defendants who are minors generally stand trial in juvenile courts, to which special judges
are appointed by the Supreme Court's president with the justice minister's approval. In some
cases in which the minor committed a fi rst offense, the judge may give a lenient penalty, such
as house arrest instead of imprisonment.
The Israeli legal system also includes tribunals that focus on religious, military, or labor
issues. Each type of tribunal answers to a different higher agency: religious to the relevant reli-
gious authorities, military to the Defense Ministry, and labor to the Justice Ministry.
Religious tribunals always existed in Jewish communities but were granted offi cial status in
1922, under British rule. They deal with such matters as marriage, divorce, and family disputes.
Jews go to a rabbinical court, and Muslims attend a court operating under shari'a law, which
is based on the Quran. Druze and Christians have their own religious courts. The Ministry of
Justice is responsible for appointing judges (
dayanim
) to the rabbinical courts. The Knesset is
responsible for electing the Muslim and Druze judges (
qadis
).
Military tribunals are held to try soldiers accused of military offenses or civilian offenses
committed while they are serving as soldiers. These courts were established in 1955 under the
Military Justice Law. Generally, a military tribunal panel comprises two offi cer judges and one
judge appointed by the minister of defense. Under rare circumstances, serious cases may be
moved to the Supreme Court for a ruling.
In 1969 the Knesset established the labor court system under the Ministry of Justice to
handle the rising number of labor-related cases. Regional labor courts hold the trials and na-
tional labor courts deal with the many submitted appeals. The cases concern disputes involv-
ing workers, employers, workers' unions, and employer organizations regarding such issues as
pension fund agreements, salaries, and unlawful dismissal claims.
Under ordinary circumstances, a panel of three sits on the regional courts — one judge and
two public representatives who act for the employees and employers in the cases. The national
courts, which are higher than the regional courts, usually seat between three and fi ve judges at
appeal hearings, depending on the severity of the issue.
Administrative tribunals are ad hoc courts designed to deal with specifi c legal issues that
require a specialist's assessment to determine an outcome. These tribunals deal with social
benefi ts, contracts, trade practices (such as antitrust suits), tax liability, injury compensation,
and other such matters. A single judge usually sits at the head of these tribunals, which come
under the direct jurisdiction of the Ministry of Justice.
The government has the authority to set up other one-time tribunals known as commis-
sions of inquiry to investigate government actions. These are usually related to the conduct
of wars or high-profi le scandals. Members of these commissions are appointed by the head
of the Supreme Court. Important commissions of inquiry include the Agranat Commission
(1974) that investigated the management of the Yom Kippur War of 1973; the Kahan Commis-
sion (1984) that investigated the Sabra and Shatila massacre during the First Lebanon War; and
the Winograd Commission (2006) that investigated the handling of the Second Lebanon War.
