Judicial Review of National Security

David Scharia is a Senior Legal Officer and the Coordinator of the Legal and Criminal Justice Group at the United Nations Security Council's Counter Terrorism Committee Executive Directorate (CTED), where he leads the group, strategizes its activities, and develops counter terrorism legal policy. Before joining the United Nations, Dr. Scharia was a First Senior Deputy at the Supreme Court division in the Attorney General office in Israel, where he was the lead attorney in major counter-terrorism cases. He also served as the representative of the Attorney General's office to the Law and Constitution Committee of the Israel Knesset in connection with preparation of counterterrorism legislation. Dr. Scharia is also on the international advisory board of several leading research institutions including the International Institute for Counter-Terrorism, the Research Institute for European and American Studies, and the Global Forum for Counter Radicalization.

• Introduction ; Chapter One: Decisions Made in Real Time ; Chapter Two: What we know about advisory dialogue and courts ; Chapter Three: Judicial Review in Real Time - Use of Interim Decisions ; Chapter Four: Supreme Court Practice and Dialogue ; Chapter Five: Deviating from the Rules of the Game ; Chapter Six: Recommendations ; Chapter Seven: Signaling in judgments ; Chapter Eight: Dialogue on Policy Application - I ; Chapter Nine: Dialogue on Policy Application - II ; Chapter Ten: Dialogue With Military Authorities ; Chapter Eleven: Dialogue With the Attorney General office ; Chapter Twelve: Dialogue With Petitioners And Human Rights Organizations ; Invitations to override ; Chapter Thirteen: Dialogue with Victims of Terrorism, Families of Soldieries and Bereaved Families ; Chapter Fourteen: Features of Inter-Branch Dialogue in National Security Cases in Israel ; Chapter Fifteen: Judicial Review in Real Time ; Chapter Sixteen: Benefits of the Use of Advisory Dialogue ; Chapter Seventeen: The Use of Advisory Dialogue - Disadvantages and Risks ; Chapter Eighteen: Conclusion - Judicial Review and national security ; Appendix A ; Judicial panels in judgments where fundamental decisions constituting precedents against the state were given ; Appendix B ; Dates of Principal Rulings Comprising Precedents Against the State, in View of the Number of Israelis Injured in Terrorist Attacks 1996-2005 ; Bibliography ; Index

Most observers of national security programs and military actions recognize that executive leaders and military commanders at times have taken actions that harm human rights or exceed legal authorities. If courts have a say in such matters at all, judges' opinions often come too late to redress the wrongs that have occurred. In Judicial Review of National Security, David Scharia elegantly presents the experience of judicial review from modern Israel, where in many instances real-time judicial review has managed to temper the government's national security actions, benefiting human rights and the rule of law. The lessons Scharia deftly draws from Israeli history may inspire those hoping to bring judicial review values to other cultures.