Israel's High Court of Justice has unanimously upheld the forced relocation of two relatives of a suicide bomber to the Gaza Strip. The relocation was implemented today. It should be noted that the Court approved the "assigned residence" of the brother and sister of Ahmed Ali Ajuri after finding that sufficient evidence had been presented of their direct involvement in aiding and abetting his terrorist attacks. The Court rejected the relocation of a third individual because he was not found to have actively participated in terrorist activities.
In concluding its opinion, the High Court has this to say (paragraph 41):The State of Israel is undergoing a difficult period. Terror is hurting its residents. Human life is trampled upon. Hundred have been killed. Thousands have been injured. The Arab population in Judaea and Samaria and the Gaza Strip is also suffering unbearably. All of this is because of acts or murder, killing and destruction perpetrated by terrorists. The State is doing all that it can in order to protect its citizens and ensure the security of the region. These measures are limited. The restrictions are, first and foremost, military-operational ones. It is difficult to fight against persons who are prepared to turn themselves into living bombs. These restrictions are also normative. The State of Israel is a freedom-seeking democracy. It is a defensive democracy acting within the framework of its right to self-defence - a right recognized by the charter of the United Nations. not every effective measure is also a lawful measure. Indeed, the position of the State of Israel is a difficult one. Also our role as judges is not easy. We are doing all we can to balance properly between human rights and the security of the area. In this balance, human rights cannot receive complete protection, as if there were no terror, and State security cannot receive complete protection, as if there were no human rights. A delicate and sensitive balance is required. This is the price of democracy. It is expensive, but worthwhile. It strengthens the State. It provides a reason for its struggle.
Amen.
