From Trauma to Transformation: Transitional Justice and Constitution Making in Post-October 7 Israel

Dr. Sigall Horovitz  and  Prof. Michal Tamir

March 19, 2025 at 14:15-15:45

Hybrid event: Zoom* and room 1013, Hamadrega building, University of Haifa**

* Link to zoom will be active here at the time of event

** See map here. For car entry permit to campus  e-mail Michal at least one day before the event at: minervaextreme@univ.haifa.ac.il

                              

Abstract 

The October Seven Massacre, the Gaza War and the Judicial Reform Plan have intensified societal divisions in Israel and lack of trust in government. Adopting a formal constitution was proposed as a means for addressing the crisis. Israel is in dire need of a constitution. Its basic laws lack legitimacy, do not fulfil an integrative role, and have many lacunas. In the current circumstances, however, it seems unlikely that a constitution making (CM) process can be initiated. Furthermore, the extreme rupture in Israeli society calls for the kind of healing that constitution alone cannot deliver. The lecture will examine the idea that a transitional justice (TJ) process can help reduce social and political tensions in Israel. TJ processes have been applied around the world to promote reconciliation by acknowledging past wrongs and addressing them through judicial and non-judicial measures. TJ is sometime invoked in connection with the Israeli-Palestinian conflict. In this lecture we will discuss its potential to address inner-Israeli cleavages. Many of these cleavages are fueled by victimhood perceptions, rendering TJ a relevant framework. If designed carefully, TJ processes could help reverse polarization and democratic backsliding in Israel while also satisfying rising demands for accountability. This could also foster conditions for effective and participatory CM processes which, in turn, would further consolidate the outcomes of the TJ process. TJ and CM processes share common goals and underlying principles. They can be mutually reinforcing and provide momentum for each other. We will discuss cases where TJ and CM processes were co-implemented, including Colombia and South Africa, and facilitate a discussion on the idea of combining TJ and CM frameworks to address the current crisis in Israel.

Dr. Sigall Horovitz is the transitional justice advisor of the Hebrew University’s Clinical Legal Education Center. Her interests are transitional justice, international criminal law, ethics and anti-corruption. Dr. Horovitz held various legal positions at the United Nations, including at the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the United Nations Office on Drugs and Crime. Dr. Horovitz was also involved in teaching and academic research in Israel and Germany. She initiated transitional justice programs at the Hebrew University and Tel Aviv University, and led experiential study trips to Rwanda and South Africa. Dr. Horovitz completed her master’s degree with honors at Columbia University (2003) and received her doctorate in law from the Hebrew University (2014). Dr. Horovitz received the Arthur Helton Fellowship of the American Society of International Law, the Rabin Scholarship of the Truman Research Institute for the Advancement of Peace, the Vodoz Prize of the Institute of Contemporary Jewry, and an award for distinguished academic work from the Israeli Law and Society Association. She is a member of the New York and Israeli Bar Associations, and a founding member of the Association for the Promotion of International Humanitarian Law (ALMA).

Prof. Michal Tamir is the Head of the graduate program at the Faculty of Law at the Academic Center of Law and Science. She holds a Bachelor of Laws (LL.B.) degree from the University of Haifa (1995, summa cum laude, first in her class), a Master’s degree (LL.M) from the Hebrew University (1999, summa cum laude, first in her class), and a Doctorate (LL.D, 2005) from the Hebrew University. During her studies, she received numerous awards. Professor Tamir clerked at the Supreme Court of Israel under Justice Yitzhak Zamir (1995–1996) and, over the years, represented petitioners in public interest cases. Between 2005 and 2006, she served as a Global Research Fellow in the Hauser Program at New York University (NYU) School of Law. Between 2012 and 2013, she was a Tikvah Fellow-in-residence at NYU. From 2017 to 2019, she served as the President of the Israeli Law and Society Association and continues to be a member of its executive board, as well as of the executive board of ICON-S Israel. Her areas of expertise are public law in its broad sense: constitutional, administrative, and criminal procedural law, with a focus on human rights and enforcement. She has authored two books and numerous articles in Hebrew and English.