Rationalizing Israel’s Occupation

Meir Shamgar, former chief justice of Israel’s Supreme Court, died last month. A founding father of Israel’s legal system, he used judicial subterfuge to give legal cover to the illegal occupation of Palestinian lands.

Netanyahu and Gantz Attend Memorial Ceremony For Meir Shamgar, Former President Of The Supreme Court

Israeli prime minister Benjamin Netanyahu speaks at a memorial ceremony for Meir Shamgar, former president of the Supreme Court on October 22, 2019 in Jerusalem, Israel. Amir Levy / Getty Images


The Right in Israel has always railed against the country’s Supreme Court, accusing it of constraining the army and favoring Palestinian rights over settler ambitions. For those most vociferous supporters of the occupation in Palestine, Israel’s highest court is guilty of “judicial activism.” When Jewish Home politician Moti Yogev urged that the Supreme Court should be razed by a D9 tractor, he summed up the position of many on the Israeli right.

At the same time, the Supreme Court is often celebrated as a bastion of Israel’s liberalism, a shining example of the nation’s democracy in an undemocratic region. Meir Shamgar, the court’s chief justice between 1983 and 1995, is particularly revered for his key role in it. In the aftermath of his death last month, President Ruvi Rivlin described Shamgar as one of “the founding fathers of the Israeli judicial system” — and indeed he was. Before serving in Israel’s top court for twenty years, Shamgar had held key positions as military advocate general for the IDF (Israel Defense Forces) and later as attorney general. His career is also notable for heading the inquiry into the assassination of prime minister Yitzhak Rabin.

Building the Legal Apparatus

Shamgar, né Meir Sternberg, was born into a Revisionist-Zionist family in the Free City of Danzig in 1925. The semiautonomous city-state, born of the Treaty of Versailles and operating with shared Polish and German legislative power, collapsed in 1939 under the heft of Nazi Germany — prompting the teenage Shamgar’s immigration to Mandatory Palestine.

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