Too little, too late? An American amicus in an Israeli court

Until 1999, amicus curiae was an unfamiliar concept in Israeli law. That year, for the first time in Israel’s judicial history, a party that was not involved in the proceedings was allowed to submit legal briefs as a “friend of the court.” The reputation that this legal tool had acquired among non governmental organizations in the United States was the leading factor behind both the impetus to introduce the instrument of amicus curiae and the Supreme Court’s willingness to accept it, into the Israeli legal system.
The purpose of this article is to consider whether or not it is appropriate to adopt the American framework for amicus curiae in the Israeli legal system. This will be illustrated and examined in different ways. Starting from a historical development of this legal procedure in general. and in the Israeli legal system in specific; following a presentation of possible drawbacks that occurred over the course of these developments; and concluding with an assortment that such "legal import" ought to be developed in a manner which addresses the unique dimensions of the Israeli legal system and not through the automatic adoption of the American model.