Yotam Berger

The Pegasus Era: Regulating a New Generation of Government Spyware, the first chapter of my dissertation, has just been published with GJIL

Toward the Oct. 7 Trials Israel’s justice system faces unprecedented dilemmas in prosecuting Hamas militants detained after the attacks.

Since Hamas's Oct. 7 attack on Israel, Israeli forces have detained thousands of Palestinians, but none have yet been indicted for their crimes. @yberger.bsky.social explores the complex legal questions raised by the future prosecution of Hamas militants captured on Oct. 7.

Microsoft’s Crackdown on Unit 8200 Reveals Tech’s Intermediary Role Microsoft’s recent action against Israel’s Unit 8200 demonstrates Big Tech’s growing ability to limit state-operated surveillance practices.

On Sept. 25, Microsoft announced that it would block Israel’s elite intelligence arm from using its cloud service to conduct mass surveillance of Palestinian data. @yberger.bsky.social explores what this step says about Big Tech’s increasing role as "surveillance intermediaries."

YouTube video by The Economist Scam Inc 1: Pigs in a barrel

The Economist's Scam Inc. podcast series is one of the most compelling pieces of journalism I've seen in years. If you're interested in the intersection of technology and criminal law, I highly recommend giving it a listen.
Here’s the first episode on YouTube: www.youtube.com/watch?v=vUg-...

This is my first law review article published in English, and I am grateful for the opportunity to present a nuanced argument about Israeli law. Although much of the article was written before October 7, I hope it will contribute to ongoing debates over how Hamas defendants should be prosecuted.

The article further argues that, despite its reputation for interventionism, the Israeli Supreme Court may often feel constrained by lack of democratic accountability in national security contexts. It is available here: scholarlycommons.law.emory.edu/eilr/vol39/i...

The article incorporates interviews with five key stakeholders, including Supreme Court justices, a Military Advocate General, and defense attorneys. They reveal that the Supreme Court perceives the Courts Martial and the Occupied Territory Courts differently in terms of quality and character.

After reviewing every relevant accessible case over 20 years, the article argues that the Court tends to avoid intervening in cases involving national security, though it is more inclined to engage when the primary issue is not directly tied to national security concerns.

My article, From Uniforms to Robes, has just been published in the Emory International Law Review. Based on my master’s thesis, this piece examines how the Supreme Court of Israel exercises judicial review in criminal cases originating from military-operated tribunals