Dalia Dorner
Encyclopedia
Dalia Dorner was a Justice of the Supreme Court of Israel
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...

 from 1993 to 2004.

Biography

Dalia Dorner (née Dolly Greenberg) was born in Istanbul
Istanbul
Istanbul , historically known as Byzantium and Constantinople , is the largest city of Turkey. Istanbul metropolitan province had 13.26 million people living in it as of December, 2010, which is 18% of Turkey's population and the 3rd largest metropolitan area in Europe after London and...

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

. Her father, a wood merchant, Levy Greenberg, immigrated there from Odessa
Odessa
Odessa or Odesa is the administrative center of the Odessa Oblast located in southern Ukraine. The city is a major seaport located on the northwest shore of the Black Sea and the fourth largest city in Ukraine with a population of 1,029,000 .The predecessor of Odessa, a small Tatar settlement,...

. Her family immigrated once again in 1944, this time to Palestine
Palestine
Palestine is a conventional name, among others, used to describe the geographic region between the Mediterranean Sea and the Jordan River, and various adjoining lands....

, where her father died shortly after. Her mother sent her to a Youth Aliyah
Youth Aliyah
Szold was initially skeptical about the merits of Freier's proposal, as she believed that Germany offered better educational opportunities for Jewish children than Palestine. However, Hitler's rise to power convinced her otherwise. The Nuremberg Laws were enacted in 1935 and on 31 March 1936 German...

 boarding school in Nahariya
Nahariya
Nahariya is the northernmost coastal city in Israel, with an estimated population of 51,200.-History:Nahariya was founded by German Jewish immigrants from the Fifth Aliyah in the 1930s...

, from which she continued to the Hebrew Reali School
Hebrew Reali School
The Hebrew Reali School of Haifa , located in Haifa, Israel, is one of the country's oldest private schools.-History:...

 in Haifa
Haifa
Haifa is the largest city in northern Israel, and the third-largest city in the country, with a population of over 268,000. Another 300,000 people live in towns directly adjacent to the city including the cities of the Krayot, as well as, Tirat Carmel, Daliyat al-Karmel and Nesher...

.

During her compulsory service in the IDF
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...

, she started her law studies in Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...

. There she met her husband to be, Shmuel. They married in 1958 and have two sons. After the army, she completed her law studies at the Hebrew University of Jerusalem
Hebrew University of Jerusalem
The Hebrew University of Jerusalem ; ; abbreviated HUJI) is Israel's second-oldest university, after the Technion – Israel Institute of Technology. The Hebrew University has three campuses in Jerusalem and one in Rehovot. The world's largest Jewish studies library is located on its Edmond J...

.

Legal career

Dorner worked for the Israel Police
Israel Police
The Israel Police is the civilian police force of Israel. As with most other police forces in the world, its duties include crime fighting, traffic control, maintaining public safety, and counter-terrorism...

 for a period, and then re-enlisted as an IDF officer in the Military Advocate General
Military Advocate General
The Military Advocate General assists the Israel Defense Forces in imposing rules of conduct through legal advice, legal instruction, maintaining the mechanisms for military prosecution and legal defense, and fulfilling special legal tasks...

, rising up through the ranks to the position of Chief Military Defense. In 1974 she was appointed as a judge on the Military Court of Appeals, with the rank of Colonel
Israel Defense Forces ranks
Israel Defense Forces The Israel Defense Forces have a unique rank structure. Because the IDF is an integrated force, ranks are the same in all services The ranks are derived from those of the paramilitary Haganah developed in the Mandate period to protect the Yishuv...

. She was the first Israeli woman, not serving in the Israeli Women's Corps, to reach the ranks of Lieutenant Colonel and Colonel.

After retiring from the IDF, Dorner became a District Court Judge, first in the Southern District and later in the Jerusalem District. She was one of the judges who convicted John Demjanjuk
John Demjanjuk
John Demjanjuk is a retired Ukrainian-American auto worker who gained notoriety after being accused numerous times of Holocaust-related war crimes....

 and sentenced him to death in 1988, a decision overturned by Israel's Supreme Court, in 1993.

In April 1993, she was appointed a provisional Supreme Court Justice, and a year later this position was made permanent. In her position, Dorner proved to be an ardent advocate of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

, as was expressed in her interpretation of the Basic Laws of Israel
Basic Laws of Israel
The Basic Laws of Israel are a key component of Israel's constitutional law. These laws deal with the formation and role of the principal state's institutions, and the relations between the state's authorities. Some of them also protect civil rights...

. At the same time she was considered unforgiving to white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...

. Toward the end of her career as a Justice she headed the Israeli Central Elections Committee
Israeli Central Elections Committee
The Israeli Central Elections Committee is the body charged under the Knesset Elections Law of 1969 to carry out the elections for the upcoming Knesset. The committee is composed of Knesset members representating various parliamentary groups and is chaired by a Supreme Court Justice...

.

In a survey among Israeli lawyers in 2004, Dorner received the lowest average grade among Israeli Supreme Court Justices. It was claimed that she showed impatience toward lawyers appearing before her. On the other hand, she was known as one of the most efficient Justices on the Supreme Court, often making a ruling on the same day as the court hearing.

Dorner retired from the Supreme Court on March 3, 2004. In August 2006, she was appointed president of the Israeli Press Council. She teaches human rights at the Bar-Ilan University
Bar-Ilan University
Bar-Ilan University is a university in Ramat Gan of the Tel Aviv District, Israel.Established in 1955, Bar Ilan is now Israel's second-largest academic institution. It has nearly 26,800 students and 1,350 faculty members...

 law faculty. She holds Honorary Doctorates from the Weizmann Institute of Science
Weizmann Institute of Science
The Weizmann Institute of Science , known as Machon Weizmann, is a university and research institute in Rehovot, Israel. It differs from other Israeli universities in that it offers only graduate and post-graduate studies in the sciences....

 (2005), and from the Ben-Gurion University of the Negev
Ben-Gurion University of the Negev
Ben-Gurion University of the Negev   is a university in Beersheba, Israel, established in 1969. Ben-Gurion University of the Negev has a current enrollment of 17,400 students, and is one of Israel's fastest growing universities....

 (2008). She is an honorary member of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...

.

Landmark rulings

Dorner required the military authorities to allow personalized epitaphs on soldiers' headstones. Her ruling emphasized the individual versus the collective, observing that "every child is an only child to his parents." She ruled that state must allocate adequate budgets to the Special Education Law to allow children with disabilities to be integrated into ordinary education frameworks. In the Danilowitz case, she recognized the right of an El Al
El Al
El Al Israel Airlines Ltd , trading as El Al , is the flag carrier of Israel. It operates scheduled domestic and international services and cargo flights to Europe, North America, Africa and the Far East from its main base in Ben Gurion International Airport...

 cabin attendant to receive a plane ticket for his homosexual partner. Dorner’s broad interpretation of free expression was illustrated in her ruling in the case of Kidum, a night school
Night School
Night School is a school that holds classes in the evening or at night, and is usually intended for continuing and adult learning and to accommodate people who work during the day.Night School may also refer to:...

, which was permitted to use an advertising slogan with vulgar sexual connotations previously deemed unacceptable.

Awards and honors

In 2010, Dorner was invited to light a torch at the Israeli Independence Day ceremony on Mount Herzl
Mount Herzl
Mount Herzl , also Har HaZikaron , is the national cemetery of Israel on the west side of Jerusalem. It is named for Theodor Herzl, the founder of modern political Zionism. Herzl's tomb lies at the top of the hill. Yad Vashem, which commemorates the Holocaust, lies to the west of Mt. Herzl....

.
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