Abstract

The High Court's verdict is a major step forward insofar as that the existing institutionalized GSS torture practices are declared unlawful and are no longer possible in any institutionalized form. It appears, however, likely that Israel will attempt to reintroduce the legal use of different forms of “physical pressure” under specific circumstances. The legality of these forms in Israel is then likely to be tested by a High Court of Justice which is still clearly ambivalent and far from unequivocal in declaring all forms of physical means during interrogations to be unlawful. Whereas the Court's ruling declaring the present guidelines and various practices of “moderate physical force” unlawful is a positive step from a human rights perspective and in the context of the Middle East peace process, its significance might thus eventually turn out to be less of a breakthrough than initially thought. The international community has ample reason to continue to follow Israel critically regarding possible infractions of the Convention and the ICCPR