Loading ...
Sorry, an error occurred while loading the content.

High Court rejects appeals against assassination policy

Expand Messages
  • WORLD VIEW
    High Court rejects appeals against assassination policy By Moshe Reinfeld Source: Haaretz - January 30, 2002 http://www.haaretzdaily.com/ The High Court of
    Message 1 of 1 , Jan 31, 2002
    • 0 Attachment
      High Court rejects appeals against assassination policy

      By Moshe Reinfeld

      Source: Haaretz - January 30, 2002 http://www.haaretzdaily.com/

      The High Court of Justice yesterday rejected three petitions seeking
      to stop the government's policy of assassinating Palestinian
      militants on grounds that the court does not usually render rulings
      on security matters.

      The petitions were submitted by the chairman of the Hadash faction,
      MK Mohammed Barakeh; Siham Thabet, widow of Dr. Thabet Thabet who
      was assassinated in the West Bank in December 2000; the Public
      Committee Against Torture and the Palestinian Society for the
      Protection of Human Rights and the Environment.

      The petitioners asked the court for a temporary restraining order to
      bar the government from authorizing "executions without trial" of
      Palestinians, arguing that an assassination policy was blatantly
      illegal.

      In a sharp exchange with Barakeh's lawyer, Justice Eliyahu Mazza
      said, "There is such a thing called terror, which is the enemy of
      all of humanity."

      "Who is to determine who is a terrorist?" retorted lawyer Naila
      Atiya.

      "Certainly not the High Court. There has to be cause for us to
      intervene," he replied.

      "But there is also a right to life," pressed the lawyer.

      "Tell that to all those who send terrorists to pedestrian malls and
      to the Dolphinarium," interjected Justice Mishael Cheshin, while
      Mazza added: "What do you want, that the defense minister receive
      authorization from the High Court before every targeted elimination?
      This matter is not justiciable."


      The decision not to intervene is in keeping with the traditional
      stance of the High Court over security matters.

      The petitioners argued that all those participating in the
      assassinations are breaking international legal norms and that this
      policy could rapidly lead to war crimes. They added that the
      assassinations are carried out based on intelligence information of
      questionable credibility that is not subject to judicial review.

      The petitioners added that, as there is no death penalty in Israel,
      if the Palestinians had been brought to trial in Israel, they would
      not have been killed, even if convicted of the worst offenses.

      They also argued that the assassination policy only escalates the
      level of violence. Barakeh noted that after the killing of Thabet a
      group of Palestinians decided to seek revenge and shot dead two
      Israeli civilians. Israel has acknowledged carrying out 21
      assassinations.


      =====
      Send us a letter to the editor at: iapinfo@...
      _________________________________
      Islamic Association for Palestine (IAP)
      10661 South Roberts Rd, Suite 202 Palos Hills, IL 60465
      Tel: 708 974 3380 / Fax: 708 974 3389 /Pager: 1 800 916 8286
      http://www.iap.org E-mails: iapinfo@... OR iapinfo@...







      _________________________________________________________________
      Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp.
    Your message has been successfully submitted and would be delivered to recipients shortly.