The Supreme Court had just five minutes to rule on the legality of transferring money to Hamas recently – and will therefore hold a general hearing on the issue before the next transfer has a chance to happen.
Just three weeks ago, the Land of Israel Legal Forum petitioned the Supreme Court against the government’s plan to transfer NIS 175 million (close to $45 million) in cash to Gaza. The situation developed in such a way that Justice Rubenstein found himself with only five minutes in which to decide – because the crossings were about to close for the weekend, leaving the money-filled trucks vulnerable and unsafe. For lack of an alternative, the trucks and the money were allowed to pass - but Rubenstein said he would make sure such a situation does not happen again.
Forum representative Attorney Dan Landau had petitioned against the Prime Minister, the Defense Minister, the Finance Minister, the Minister of Public Security and the Governor of the Bank of Israel. Landau stated that the transfer of money to the terrorist entity had not received the necessary ministerial approvals.
Among those to receive their salaries from this money were none other than leading Hamas officials Ismail Haniye and Mahmoud A-Zahar.
He noted that among those who were to receive their salaries from the money were none other than leading Hamas officials Ismail Haniyeh and Mahmoud A-Zahar.
Judge Rubenstein ruled at the time that the question “touches upon the delicate fabric in the seam between the local relationship with the Palestinian Authority and the lack of relations with Hamas which is currently ruling Gaza.”
“The procedural issues here require clarification,” he wrote, “but again, just as regarding the release of terrorists, the issue is brought before this court while the [trucks] are standing ready to carry out the [transfer]."
"The Attorney General has said that there was no deficiency in the way the decision was made," Rubenstein wrote, "and as such, he has taken upon himself the responsibility for its legal propriety.
“However,” Rubenstein continued, “in order that the next time this issue arises - which will likely occur with the same time constraints – it will be able to have full judicial backing, [I ask] the State to provide a detailed response regarding the legal basis for the process of transferring the monies, and a response to the specific issues raised, within three days.”
State: Money Transfer is None of the Court's Business
The State’s position is that the transfer of money to the Palestinian Authority (PA) is not in the court’s purview, but is rather a diplomatic-security issue that is “linked with broad considerations of the stability of the Palestinian economy in Gaza and Judea/Samaria, security aspects, and sensitive diplomatic issues.”
The State’s counsel referred to the Economic Protocol of the Interim Agreement between Israel and the PA, according to which the Israeli shekel is legal tender in the PA. “Israel is obligated to a situation of fiscal stability in the PA,” the counsel said, noting that the Supervisor of Banks in the PA had requested of the Bank of Israel to transfer cash for the payment of 78,000 PA employees in Gaza.
“The law against supporting terrorism cannot be applied to the Israeli Government,” the counsel said. “When the State/Government receive information regarding money that goes to support terrorism, it does all it can to stop the money before it reaches its destination.”
Forum: State Must Operate Within Law
Attorney Landau, for the Forum, stated in response that the Government, too, must operate according to law. “Even if it is allowed to transfer money when there is a fear that it will be used for terrorism, it must do so in accordance with the law, i.e., in consultation with and after approval by the relevant Ministers. This was not done, as the State’s response indicated.”
“The process of approving these transfers,” Attorney Landau stated, “is not clear. We don’t know who decides to transfer the money and why. The State’s response noted that sometimes the request comes from Bank of Israel, sometimes from the Defense Ministry, and sometimes from the Prime Minister’s office. The plain fact is that in the last transfer, both the Defense Minister and the Foreign Minister objected to sending NIS 100 million to Gaza – and despite this, the Prime Minister decided to send the money.”
Judge Rubenstein will hear the arguments of both sides on March 5th.