Supreme Court Justice Edmond Levy, one of the three judges who rejected a petition on Thursday against the release of the 400 terrorists in the recent exchange, wrote in his decision that he fears that the mass release is liable to lead to a "new wave of bloodshed, the results of which can be foreseen already now."
Justice Levy's opinion includes strong criticism of the exchange, which, he writes, presents a "terrible danger to every Israeli citizen." He added that even though he and his colleagues decided to reject the petition against the exchange, "this was a very difficult decision, in light of the Hizbullah leader's threats to continue to kidnap Israeli soldiers to serve once again as negotiating chips."
The Almagor Terror Victims Association had asked the court to rule the exchange null and void, in light of the dangers it presents to the Israeli public. The organization brought past examples showing that large numbers of terrorists who were released in similar exchanges returned to their terrorist ways. "There were four big terrorist releases," said Atty. Ze'ev Dasberg, representing Almagor, "and each one caused another calamity to the country." Almagor also argued specifically against the release of Sheikh Obeid and Mustafa Dirani.
Justice Levy wrote,
"The petitioners, who have been stricken by the full force of terrorism, and who bear in their hearts the tortures of bereavement, requested - sometimes with pleading, sometimes with crying out - to warn against the release of additional terrorists from prison, because the expected results of this release can be predicted already now...
"This is not the first time that Israel signed agreements to release terrorists who spread death and destruction amongst us. After every such release, the hope beat in the hearts of many of us that this time would mark the turning point, and that the released terrorists would not resume their terrorist ways, but would rather be ambassadors to spread the idea of peace and co-existence. Needless to say, this was a vain hope, or more accurately, a vain delusion. [Proof is] found in the murderous events that have accompanied us since October 2000, in which are participating many of those released by Israel. These events claimed [hundreds of] lives, sometimes as a daily routine, and wounded many people...
"The fear of the petitioners that we now face yet another chapter of bloodshed, is also my fear. This is because this release is not being done as a gesture towards an enemy who wishes to change his ways, or who wishes to consider a possibility of co-existence with Israel. This time, the other party to the agreement is a murderous organization, merciless and devoid of human image, that has made it its goal to destroy the State of Israel. In these very days, even as the agreement is being finalized, its leader does not hide his goals, but rather declares them aloud at every opportunity. He even made it clear on world media that his organization will continue to kidnap Israeli soldiers as bargaining chips."
In conclusion, Justice Levy wrote,
"I have detailed all the above in order to clarify how difficult this decision was. Facing me is the long list, almost infinite, of terrorism victims, whose lives were cut down by the hand of evil - including, especially, children and babies who were not spared by the terrorism. On the other hand, the decision was very difficult because of the long-running practice in this Court of not intervening in matters for which the Government is responsible, such as the one before us. In light of this, I see myself with no choice but to join my colleagues in their decision. I have added my signature with a trembling hand, and I have one hope: that those [in the government] who made this decision, who see the entire picture and on whose shoulders rest the responsibility of ensuring the safety and security of Israel's citizens, were totally convinced that the decision they made was the correct one, despite the terrible danger caused by the release of the evil ones for each and every one of us."
Justice Levy's opinion includes strong criticism of the exchange, which, he writes, presents a "terrible danger to every Israeli citizen." He added that even though he and his colleagues decided to reject the petition against the exchange, "this was a very difficult decision, in light of the Hizbullah leader's threats to continue to kidnap Israeli soldiers to serve once again as negotiating chips."
The Almagor Terror Victims Association had asked the court to rule the exchange null and void, in light of the dangers it presents to the Israeli public. The organization brought past examples showing that large numbers of terrorists who were released in similar exchanges returned to their terrorist ways. "There were four big terrorist releases," said Atty. Ze'ev Dasberg, representing Almagor, "and each one caused another calamity to the country." Almagor also argued specifically against the release of Sheikh Obeid and Mustafa Dirani.
Justice Levy wrote,
"The petitioners, who have been stricken by the full force of terrorism, and who bear in their hearts the tortures of bereavement, requested - sometimes with pleading, sometimes with crying out - to warn against the release of additional terrorists from prison, because the expected results of this release can be predicted already now...
"This is not the first time that Israel signed agreements to release terrorists who spread death and destruction amongst us. After every such release, the hope beat in the hearts of many of us that this time would mark the turning point, and that the released terrorists would not resume their terrorist ways, but would rather be ambassadors to spread the idea of peace and co-existence. Needless to say, this was a vain hope, or more accurately, a vain delusion. [Proof is] found in the murderous events that have accompanied us since October 2000, in which are participating many of those released by Israel. These events claimed [hundreds of] lives, sometimes as a daily routine, and wounded many people...
"The fear of the petitioners that we now face yet another chapter of bloodshed, is also my fear. This is because this release is not being done as a gesture towards an enemy who wishes to change his ways, or who wishes to consider a possibility of co-existence with Israel. This time, the other party to the agreement is a murderous organization, merciless and devoid of human image, that has made it its goal to destroy the State of Israel. In these very days, even as the agreement is being finalized, its leader does not hide his goals, but rather declares them aloud at every opportunity. He even made it clear on world media that his organization will continue to kidnap Israeli soldiers as bargaining chips."
In conclusion, Justice Levy wrote,
"I have detailed all the above in order to clarify how difficult this decision was. Facing me is the long list, almost infinite, of terrorism victims, whose lives were cut down by the hand of evil - including, especially, children and babies who were not spared by the terrorism. On the other hand, the decision was very difficult because of the long-running practice in this Court of not intervening in matters for which the Government is responsible, such as the one before us. In light of this, I see myself with no choice but to join my colleagues in their decision. I have added my signature with a trembling hand, and I have one hope: that those [in the government] who made this decision, who see the entire picture and on whose shoulders rest the responsibility of ensuring the safety and security of Israel's citizens, were totally convinced that the decision they made was the correct one, despite the terrible danger caused by the release of the evil ones for each and every one of us."