Supreme Court okays holding terrorists' bodies

Supreme Court allows IDF to hold terrorists' bodies for negotiations.

Arutz Sheva Staff ,

Esther Hayut
Esther Hayut
Flash 90

The Supreme Court on Monday ruled that the IDF may hold terrorist bodies for negotiation purposes.

The ruling stated that the IDF is allowed to decide where enemy bodies are buried and to bury them in temporary graves.

"We have found that the objective purpose of these defense regulations is to provide State officials with effective tools to fight terror and ensure the security of Israel and its citizens," Supreme Court Chief Justice Esther Hayut said.

"We are obligated to continuously work to bring home Israel's citizens and the bodies of fallen IDF soldiers, which are being held by terror organizations. This obligation is at the heart of ensuring Israel's security, and it is therefore at the heart of the objective purpose of Ordinance 133(3).

"This authority is not an interpretation of the law, it is the core of the ordinance which is intended to protect and preserve the security of Israel and her citizens. The efforts to bring home IDF soldiers and the bodies of fallen soldiers, and Israeli citizens who are held by terror organizations, as well as negotiations with these organizations in attempt to reach an agreement regarding their return to Israel in exchange for the bodies of terrorists held by the State, is the best implementation of this law's objective purpose."

Public Security Minister Gilad Erdan (Likud) responded: "I applaud the Supreme Court's decision, which righted a previous decision. A lowly terrorist is not deserving of honor either in his life or his death. You cannot demand the State of Israel honor the bodies of Hamas terrorists, while terrorist organizations retain the bodies of our soldiers. The government must be allowed to pressure the terror organizations in order to bring back the bodies of our fallen ones and bring back our citizens. Our hands must not be tied in the war against terrorists."