About Us: Visiting Scholars

Past Scholars: Visiting Scholar Spring 2006

David Kretzmer, Hebrew University of Jerusalem

Permanent Address
Faculty of Law, Hebrew University of Jerusalem
Mt. Scopus, Jerusalem, Israel
Tel: 972-2-5880077; Fax: 972-2-6728633
Email: David.Kretzmer@huji.ac.il

Present Position
Bruce W. Wayne Professor of International Law, Hebrew University of Jerusalem
Joint appointment in Faculty of Law and School of Public Policy
Chairperson, Academic Committee, Minerva Centre for Human Rights

Academic and Professional Qualifications
LL.B., LL.M. (Jerusalem), Dr.Jur. (York University, Canada)
Member, Israel Bar

Past Positions in Hebrew University
Louis Marshall Professor of Environmental Law (1975 – 2000)
Vice-Dean for Student Affairs, Faculty of Law (1981-84)
Member, Central Academic Committee (1991-1995)
Member, Central Executive Committee (1995-1998)
Chairperson, Central Disciplinary Tribunal for Academic Faculty (1993 – 2001)
Academic Director, Center for Human Rights (1993-1997)

Inter-University Positions
Academic Director, Minerva Center for Human Rights, Hebrew University of Jerusalem and Tel Aviv University (1997 – 2000)

International Positions
UN Human Rights Committee:
Member (1995 –2002)
Special Rapporteur for New Communications (2000/ 2001)
Vice-Chairperson (2001/2002)

Positions Held at Other Academic Institutions
Fellow, Center for Advanced Engineering Studies, MIT, Cambridge, Mass (1978-9)
Visiting Professor, Law Center, University of Southern California, Los Angeles (1979; 1984-85)
Academic Visitor, University College, Oxford (1983 and 1990)
Visiting Professor, School of Law, Tulane University, New Orleans (1989)
Visiting Scholar, Max Planck Institute of International and Public Law, Heidelburg (2000)
Visiting Scholar, University of Ulster (2000)
Visiting Professor, Irish Centre for Human Rights, Galway (Winter 2002, Summer 2003)
Visiting Professor, Columbia Law School (Spring, 2003)
External Examiner, Irish Centre for Human Rights, National University of Ireland (2003 – 2005)
Visiting Fellow, Institute of Advanced Legal Studies, University of London (Spring and Summer, 2005)

Subjects Taught
Contract, Torts, Constitutional Law, Administrative Law, Environmental Law, International Protection of Human Rights, International Humanitarian Law

Public Activities
Founding Member and Past Chairperson of Board, Association for Civil Rights in Israel
Past Member of Board, Hamoked, Center for Defense of the Individual
Member of Executive Board, B’Tselem, The Israel Information Center for Human Rights in the Occupied Territories
Commissioner, International Commission of Jurists
Legal Commentator, Jerusalem Post
Contributing Editor, Jerusalem Report.

Personal Details
Born: 1943 in Johannesburg, South Africa.
Immigrated to Israel: 1963.

Publications

A. Books

  1. The Rights of the Disabled in Israel - Proposals for Reform
    (together with U. Procaccia and A.L. Miller, Institute for Legislative Research and Comparative Law, Jerusalem, 1979) (in Hebrew)
  2. The Law of Nuisance
    (Institute for Legislative Research and Comparative Law, Jerusalem, 1980) (in Hebrew)
  3. The Law of Battery and Assault
    (Institute for Legislative Research and Comparative Law, Jerusalem, 1981) (in Hebrew)
  4. The Legal Status of the Arabs in Israel (Westview Press, 1990).
  5. The Legal Status of the Arabs in Israel, Revised 2nd ed,. (The Institute for Israeli Arab Studies, 2002) (in Arabic)
  6. The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (SUNY Press, 2002).

B. Edited Books

  1. Freedom of Speech and Incitement Against Democracy (editors D. Kretzmer and F. Hazan) (Kluwer Law International, 2000)
  2. The Concept of Human Dignity in Human Rights Discourse (editors D. Kretzmer and E. Klein) (Kluwer Law International, 2002)

C. Articles

  1. The Acquiring of Equitable Title, (1969) 4 Israel Law Review 452
  2. The Standard Contracts Law, 1964, in light of its amendment, (1969) 3 Mishpatim 414 (in Hebrew)
  3. The Malpractice Suit: Is It Needed? (1973) 11 Osgoode Hall Law J. 5
  4. Book Review of the Costs of Accidents: A Legal and Economic Analysis, by Guido Calabresi (1973) Israel Law Review 148
  5. The Bill of Human Rights in Israel: A Constitutional Achievement or an Illusion? (together with P. Lahav), (1976) 7 Mishpatim 90 (in Hebrew)
  6. Who’s Afraid of Absolute Rights? A Reply to Dr, Shilo, (1977) 7 Mishpatim 541 (in Hebrew)
  7. No-Fault Comes to Israel: The Compensation for Victims of Road-Accidents Law,
    (1976) 11 Israel Law Review 288
  8. Judicial Discretion and the Consequences of Breach of Contract (1977) 8 Mishpatim 153 (in Hebrew)
  9. Rescission for Delay in Performance, (1978) 13 Israel Law Review 264
  10. Judicial Conservatism v. Economic Liberalism: Anatomy of a Nuisance Case, (1978) 13 Israel Law Review 298
  11. Manufacturer’s Liability in Israel in Israeli Reports to the Tenth International Congress of Comparative Law (ed., S. Goldstein, Jerusalem, 1978) 35
  12. Transformation of Tort Liability in the Nineteenth Century: The Visible Hand, (1984) 4 Oxford Journal of Legal Studies 46
  13. Demonstrations and the Law, (1984) 19 Israel Law Review 47
  14. Intent in Criminal Libel: Statutory Interpretation or Judicial Imagination? (1986) 21 Israel Law Review 591
  15. Racism and Freedom of Speech, (1987) 8 Cardozo Law Review 445
  16. Judicial Review of Knesset Decisions, (1988) 8 Tel Aviv University Studies in Law 95
  17. Forty Years of Public Law in Israel (1990) 19 Mishpatim 551 (in Hebrew)
  18. The Constitutional and Legal Status of Freedom of Speech in Israel, in Israeli Reports to the XIII International Congress of Comparative Law (1990) 183.
  19. Political Agreements - A Critical Introduction, (1992) 26 Israel Law Review 407
  20. Racial Incitement in Israel (1993) 22 Israel Yearbook on Human Rights 243, reprinted in Group Defamation and Freedom of Speech, The Relationship between Language and Violence (ed., Monroe H. Freedman and Eric M. Freedman, Greenwood Press, 1995) 175
  21. Judicial Review of Demolition and Sealing of Houses in the Occupied Territories, in Klinghoffer Book on Public Law, edited by I. Zamir (Institute for Legislative Research and Comparative Law, 1993) 305 (in Hebrew)
  22. Les Droits de L'Homme en Israel (1995) 72 Pouvoirs 37
  23. The Supreme Court and the Fourth Geneva Convention: Domestic Enforcement and Interpretation (1995) 26 Mishpatim 49 (in Hebrew)
  24. The New Basic Laws on Human Rights: A Mini-Revolution in Israeli Constitutional Law? (1996) 14 Netherlands Quarterly of Human Rights 173
  25. Judicial Review of Prosecutorial Decisions of the Attorney General (1996) 5 Plilim 121 (in Hebrew)
  26. Democracy in the Jurisprudence of the Supreme Court of Israel (1997) 26 Israel Yearbook on Human Rights 267
  27. The Path to Judicial Review in Human Rights Cases: From Bergman and Kol Ha’am to Mizrahi Bank (1997) 28 Mishpatim 359 (in Hebrew)
  28. Fifty Years of Public Law in the Supreme Court – Human Rights (1999) 5 Law and Government 297 (in Hebrew)
  29. Basic Laws as a Surrogate Bill of Rights: The Case of Israel, in Promoting Human Rights Through Bills of Rights: Comparative Perspectives, edited by P. Alston (Oxford University Press, 1999) 75
  30. The Duty to Protect and to Ensure Human Rights According to the Law of Israel, The Duty to Protect and to Ensure Human Rights, edited by E. Klein (Berlin Verlag, 2000) 137
  31. Human Rights in Israel, (2005) 11 Israel Affairs 39.
  32. The Advisory Opinion: The Light Treatment of International Humanitarian Law, (2005) 99 American Journal of International Law 88.
  33. Targeted Killings of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Self-Defence? (2005) 16 European Journal of International Law 171.
  34. The Supreme Court of Israel: Judicial Review During Armed Conflict (2005) 47 German Yearbook of International Law 392

July, 2005

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