
The Supreme Court today (Sunday) rejected the petitions of the families of six Arab Israeli citizens who committed acts of terrorism demanding the return of the bodies of the terrorists, and ruled that the decision to hold them for negotiation purposes is based on security considerations.
The panel, headed by Justice David Mintz, who was joined by Justices Alex Stein and Gila Canfy Steinitz, ruled that there is no basis to interfere with the decision of the Political-Security Cabinet, which permits the retention of the bodies for negotiation purposes.
The ruling was based on Regulation 133(3) of the Defense Regulations (Emergency), which allows the temporary burial of terrorist bodies and their retention for security purposes.
The state claimed that the holding of the bodies was intended to exert pressure on the terrorist organizations as part of the negotiations to return the hostages being held in Gaza and obtain information about missing persons.
The petitioners claimed that the holding of the bodies of the terrorists was illegal, that the State lacked the authority to do so, and that it violated the basic rights of the dignity of the dead and their families. It was also claimed that in certain cases, these were not acts of terrorism but rather acts committed against the backdrop of the terrorists' unstable mental state.
The court rejected the petitions and ruled that the Cabinet's decisions were based on legitimate and significant security considerations. "A certain violation of the dignity of the dead and the rights of their families is not balanced against the possible security and humanitarian gain," the ruling stated. The judges emphasized that the current policy is consistent with previous rulings and is adapted to the changing security reality.
Yehuda Fua, the chairman of the B'Tzalmo human rights organization, who represented the families of the hostages and the bereaved families at the hearing, said, "I welcome the decision. The Supreme Court should not at all hear petitions that directly harm both the security of the State and the return of the hostages. It is time for the Supreme Court to stop interfering with Israel's security. I asked the Supreme Court to postpone the hearing that took place last week because just the very discussion during negotiations for the release of the hostages harms Israel's security. But unfortunately, the Supreme Court refused and decided not to even allow the families of the hostages to speak at the hearing. We will continue to fight for judicial reform that will take away from the Supreme Court the power and authority to intervene in these matters or harm Israel's security."