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Rule of Law, Not The Rue of the Law

By Yisrael Medad
11/20/2008, 12:00 AM

Everyone and his mother's uncle is demanding that the High Court of Justice decision that the Peace House in Hebron must be evacuated and its residents expelled.  "The law must be upheld!", say they.

Of course, this is not really the law.  It is the interpretation of the law by a few persons with a law education who have been appointed, mainly by their fellow serving-on-the-bench peers, to be justices.  A few years ago or a few years hence and the decision could be different.

But I would like to draw the attention of some of those hot-headed lawniks among us that the Army doesn't not have to evacuate the building.

What, you gasp?  They don't?

Sure.  After all, Gershon Solomon and his trusty Faithful of the Temple as well as other Temple Mount activists over the years have on occasion appealed to the High Court (Bagatz) to be to ascend, enter and pray within the Temple Mount precincts.  Prayer - no; but, at times, Bagatz, has instructed the police to permit them to ascend as individuals and in groups.  The police say okay but them a day before or even on the day, all of a sudden, they claim that, based on their intelligence sources, the Arabs are planning violent disturbances and the police cannot assure that public order will be kept and therefore, despite Bagatz, these persons cannot enter.

Well, I say, that can be applied as a paradigm in Hebron's Peace House case.

The police and/or Army can report back that in their estimation, violence or unruly behavior is liable to develop and it would be better not to follow through with the court's decision.

Hey, it works for the Arabs.  Why shouldn't it work for the Jews?