An expanded nine-member Supreme Court panel unanimously upheld the IDF's decision to expel the brother and sister of an Arab suicide bomber - for assisting in carrying out terror - from the Shomron to Gaza, but for only two years. In addition, the court overturned the army's deportation orders of the brother of another terrorist, saying there wasn't enough evidence warranting his expulsion.
The court, led by Chief Justice Aaron Barak, defended its decision to the international community saying that the circumstances of the case should not be regarded as a deportation or a forcible transfer (which are illegal under Article 49 of the Fourth Geneva Convention), but as assigned residence, which is permitted under Article 78. The court pointed out that although every person has a basic right to retain his place of residence and to prevent a change of that place, international law recognizes that there are circumstances in which this right may be overridden by other interests, namely ‘imperative reasons of security’.
As a result of the ruling, the two Arabs - Kifah Muhammad Ajouri and Intissar Ajouri, are slated to be deported to Gaza on Wednesday. The Ajouri siblings assisted their brother Ali in facilitating the Tisha B’Av double suicide bombing in Tel Aviv that left five people dead. It is believed that Intissar actually sewed the explosive belt used by Ali. After two years, the siblings will be allowed to return to their home in the Shechem region.
The third man, Abdel Nasser Assida, who aided his brother in carrying out both terror recent attacks near the Shomron community of Emanuel that led to the deaths of 21 Jews, will remain in his Shechem area home.
The court, led by Chief Justice Aaron Barak, defended its decision to the international community saying that the circumstances of the case should not be regarded as a deportation or a forcible transfer (which are illegal under Article 49 of the Fourth Geneva Convention), but as assigned residence, which is permitted under Article 78. The court pointed out that although every person has a basic right to retain his place of residence and to prevent a change of that place, international law recognizes that there are circumstances in which this right may be overridden by other interests, namely ‘imperative reasons of security’.
As a result of the ruling, the two Arabs - Kifah Muhammad Ajouri and Intissar Ajouri, are slated to be deported to Gaza on Wednesday. The Ajouri siblings assisted their brother Ali in facilitating the Tisha B’Av double suicide bombing in Tel Aviv that left five people dead. It is believed that Intissar actually sewed the explosive belt used by Ali. After two years, the siblings will be allowed to return to their home in the Shechem region.
The third man, Abdel Nasser Assida, who aided his brother in carrying out both terror recent attacks near the Shomron community of Emanuel that led to the deaths of 21 Jews, will remain in his Shechem area home.