MK Uri Ariel of the National Union party, a member of the newly constituted Committee for the Selection of Judges, wrote in this past week's BeSheva newspaper that, as the committee begins its work, he hopes that it will serve to renew the average citizen's trust in the Israeli court system. The committee held its first meeting this past Friday and it seems a good time to recall the reasons for Uri's hopes.

It is not a secret that the Supreme Court as it is today has lost the trust of many nationalist citizens in Israel by evidencing a judicial policy that chooses "humanistic" over Zionist and Jewish values or ethical standards.

The court allowed the Disengagement to take place by ruling against the petition by the residents of Gush Katif without ever visiting the area; it tacitly allowed the Amona violence to occur by rejecting all suggestions for compromise, and ruled on another occasion that settlements on Jewish National Fund land cannot be exclusively Jewish.

The court seemed to feel that the guiding Zionist policy that saw Israel as a safe haven for Jews is less important than civil rights guidelines for action. Its rulings interfered with IDF practices in the war against terror, favored Palestinian and Human Rights organization petitions involving Palestinian-owned properties that endangered the lives of soldiers and citizens, and minimized or delayed punishment for terror that could have deterred other terrorists. This was evident in the ruling against the established "neighbor policy" (of having Palestinians check out terrorist hideouts), in the injunctions preventing immediate destruction of terrorists' homes, and in the refusal to raze homes or orchards from which terrorists operated.

The following letter, sent by Mattot Arim members one year ago, is as current as it was then. It serves as a tragic reminder of the court's failure to allow lifesaving action. No response was ever received from those addressed. A perusal of its contents should strengthen the resolve of the new members of the Committee for the Selection of Judges to see to it that the right to life comes before the right to property.

To: The Hon. Dorit Beinish, Chief Justice, Supreme Court of Israel; Prof. Daniel Freedman, Minister of Justice

As you recall, in May 2005, a 34-year-old woman in her last stages of pregnancy was murdered by a terrorist while driving on the Kissufim road. The terrorist pounded round after round of machinegun bullets from close range at Tali Hatuel and her four young daughters - Hila, aged 11, Hadar, aged 9, Roni, aged 7, Merav aged 2 - coming right up to their bullet-riddled car, looking them full in the face and shooting until he was sure that everyone in the car was dead.

The Supreme Court has never expressed regret for adopting a judicial policy that puts obstacles in the way of security forces out to protect Israeli citizens such as Tali Hatuel and her daughters. On the anniversary of those brutal murders, we respectfully request that the Hon. Chief Justice call a meeting of Supreme Court Justices to discuss changing its policy of interference in IDF decisions in the battle against terror - a policy that exists nowhere else in the world.

The fact is that the murders occurred on the Kissufim road where buildings in close proximity to the road provided cover for the terrorists. This short stretch of road witnessed 15 terrorist murders of Israelis, including 10 citizens and five soldiers. Although the "handwriting was on the wall", the Court ruled in favor of the rights of Palestinian landlords in overturning the IDF decision to destroy the houses on the side of the road, rather than for the right to life of Israeli citizens.

After the murders, Ynet quoted the IDF Chief of Staff, noting that "the buildings that remain there are called... Supreme Court Row," due to the Court's ruling against their destruction. "All along the Kissufim Corridor houses are right near the road. We wanted to move them for security reasons and to recompense the owners," said Moshe Ayalon, the Chief of Staff at the time, "but this was not permitted by the Court. In addition, it was reported that an official in the Katif Region, who refused to be identified, said furiously that 'terrorists hid in the homes, they... remained on the road thanks to the Court. Their footprints lead straight to the Supreme Court, which continues to show mercy to the merciless.'"

Here are further examples:

1. On 19.2.02, NFC reported that Palestinian sources claimed, "The IDF has begun destroying houses near Kissufim. The IDF notified tens of families living there to leave their homes by 2:00 pm.... A short time after that warning, MK Mohammed Barakeh petitioned the Supreme Court and received an interim decision forbidding the IDF from destroying homes in the Gaza Strip."
   

2. After Tali and her daughters were murdered, and there was terrorist gunfire at the memorial service for them, the courts allowed the houses to be destroyed (cf. HCJ 4372/04, Tsabar Machmad Abu Deir and bros. v. The IDF Gaza Strip Commander).
   

3. The Court's activist policy endangers soldiers as well as private citizens. For example, in one of the court appearances on the subject, the government's representative, Mr. Anar Helman, said that when the army announces its intention of destroying homes in advance, the Palestinians make sure to booby trap them.
   

4. The Foreign Ministry website contains the unbelievable number of petitions to the High Court against the IDF security forces - hundreds of petitions are filed each year. In addition, the website contains a paragraph showing that the fear of the High Court's rulings against the IDF caused the death of 13 soldiers in May 2004: "Israel's security forces... are subject to the scrutiny of Israel's High Court of Justice in hundreds of petitions made annually by Palestinians and human rights organizations. 
   
   "Though permissible under the laws of armed conflict, Israel refrains whenever possible from attacking terrorist targets from the air or with artillery, in order to minimize collateral damage, a policy which entails risking the lives of Israeli soldiers. The death of 13 soldiers in ground operations in the Gaza Strip in early May 2004 is an example of the heavy price Israel pays for its commitment to minimize Palestinian civilian casualties." [emphasis added]

The claim that Israel's High Court is the only one in the world that doesn't let security forces battle terror unhampered is based on a report from the Haaretz daily newspaper in which Justice Dalia Dorner was quoted as saying, during a discussion of the court's activism with regard to the security forces' fight against terror, that "there is no other Supreme Court in the world that deals with these issues." Further elaboration is unnecessary.

We, the undersigned, expect the Supreme Court to realize the untenable situation that has resulted due to judicial interference in life-saving security measures. We expect the Court to decide to limit its part in the IDF's crucial war against terror, in order to save Israeli lives.

If the Supreme Court refuses to do so, or puts off change, we will request the Justice Minister, as chairman of the Knesset Legislative Committee, to initiate legislation that will limit the High Court's ability to endanger Israeli lives.

As is the rule, we expect an answer within two weeks.

Respectfully yours,

Women of Mattot Arim