Israel , Guy Shani, The Constitutional Rights of Foreigners in Israel

A study of the restrictive arrangement that the state created and applied
to foreign workers—unfortunate persons who are separated from their
families for months, and even years—gives rise to astonishment mingled
with anger: how can persons in authority in our country think that they
can treat in this way women and men who only want to provide for their
families . . . Every human being—even if he is a foreigner—is entitled
to his dignity as a human being.
I believe that this is a remarkable decision. It is courageous in its protection of a
disempowered group, sensitive in its humanity, and profoundly written. Moreover, the
Supreme Court acknowledged, without hesitation, that basic constitutional rights apply
to foreign workers.
3. The protection of human rights in times of conflict
The question of protecting human rights of foreigners becomes all the more
difficult when it comes to the Israeli-Palestinian conflict. Of course, this issue raises
many questions that cannot be examined comprehensively in this short paper, but I will
try to demonstrate some of the dilemmas. One complexity stems from the fact that the
territories of Judea and Samaria ("the West Bank") fall under multiple jurisdictions.
Israeli law and administration are explicitly applied to East Jerusalem, but not to the
territories, which are subject to belligerent occupation and are not considered part of
Israel. The legislation in these territories is comprised of two main layers: Jordanian law
and ordinances issued by the Israeli military command. This jurisdictional arrangement
is prescribed by international law, but the plot thickens: Israeli citizens residing in the
occupied territories are subject to many Israeli provisions that apply to them in
personam. The Supreme Court still has not decided whether the Basic Laws protecting
human rights generally apply to the territories located beyond Israeli borders. In one
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