Privileged Evidence and State Security under the Israeli Law: Are We Doomed to Fail?

Authors

Ami Kobo, Tel-Aviv University

Abstract

The article examines Israel's legal framework for handling privileged evidence in criminal proceedings, particularly in cases involving state security or public interest. It argues that while Israeli law establishes a balancing test to weigh the need for disclosure against security interests, practical implementation often fails, risking miscarriages of justice. The analysis highlights systemic flaws through cases like Livny and Abu Saada, where the failure to disclose critical evidence led to wrongful convictions. The author suggests procedural reforms to enhance the adversarial process and mitigate these risks.

Disciplines

Evidence | Law

Recommended Citation

Ami Kobo, Privileged Evidence and State Security under the Israeli Law: Are We Doomed to Fail?, 5 Cardozo Pub. L. Pol’y & Ethics J. 113 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol5/iss1/11