Atty. Shabtai Alboher, who served in the IDF Prosecution for 15 years, said that the Supreme Court mistakenly puts the interests of a hostile civilian population before the safety of its own citizenry.
Atty. Alboher, who served in the IDF Prosecution for 15 years, commented on this morning's Supreme Court ruling nullifying 30 kilometers of the planned route of the counter-terrorism fence. Alboher said as follows:
"The Supreme Court used the same reasoning in this case that it has in other cases, such as regarding the army's demolishing of Arab buildings used for terrorism. The Court often ruled that the rights of individual Arabs takes precedence over Israel's maximum security - and then, a few weeks later, terrorists in fact shoot at Israelis from those very houses."
Arutz-7's Yosef Meiri asked, "Isn't the position of the Supreme Court logical, however? After all, in our everyday lives we also don't take maximum security measures - we sometimes cross in the middle of the street, and we take car trips even though it's not totally safe, and we breathe polluted air without gas masks - because we balance out our safety needs with considerations of quality of life."
Alboher: "That's on the personal level, but it's not true when a country is fighting a war. When most of a civilian population declares war on your own population, then you are justified in taking collective measures against them. What logic is there in allowing an individual to claim that his rights are being impinged upon when he is part of a group that is murdering you?"
A-7: "But it has never been ascertained as a legal fact that the civilian population is fighting against us."
Alboher: "Legal cases are decided upon by the facts of a given case. If the court wants to ignore the facts and common sense, then I suppose that is its prerogative."
Minister Uzi Landau and MK Aryeh Eldad (National Union) lamented the "unacceptable judicial activism" that led to today's ruling. MK Eldad said, " The Prime Minister, who objected to the counter-terrorism fence because he realized that it was liable to turn into a final border, changed his mind and supported the fence when he thought he could determine its route. Now that the Supreme Court, acting on behalf of the Arabs, is setting the route on the Green Line [separating Judea and Samaria from the rest of Israel - ed.], the Prime Minister must realize what a catastrophe he is leading us into."
Minister Landau and Health Minister Danny Naveh said they would recommend the passage of legislation to enable the construction of the fence on the approved route.
Some Arab-owned fields and homes have already been razed in preparation for the construction of the fence on the now-rejected route.
Atty. Alboher, who served in the IDF Prosecution for 15 years, commented on this morning's Supreme Court ruling nullifying 30 kilometers of the planned route of the counter-terrorism fence. Alboher said as follows:
"The Supreme Court used the same reasoning in this case that it has in other cases, such as regarding the army's demolishing of Arab buildings used for terrorism. The Court often ruled that the rights of individual Arabs takes precedence over Israel's maximum security - and then, a few weeks later, terrorists in fact shoot at Israelis from those very houses."
Arutz-7's Yosef Meiri asked, "Isn't the position of the Supreme Court logical, however? After all, in our everyday lives we also don't take maximum security measures - we sometimes cross in the middle of the street, and we take car trips even though it's not totally safe, and we breathe polluted air without gas masks - because we balance out our safety needs with considerations of quality of life."
Alboher: "That's on the personal level, but it's not true when a country is fighting a war. When most of a civilian population declares war on your own population, then you are justified in taking collective measures against them. What logic is there in allowing an individual to claim that his rights are being impinged upon when he is part of a group that is murdering you?"
A-7: "But it has never been ascertained as a legal fact that the civilian population is fighting against us."
Alboher: "Legal cases are decided upon by the facts of a given case. If the court wants to ignore the facts and common sense, then I suppose that is its prerogative."
Minister Uzi Landau and MK Aryeh Eldad (National Union) lamented the "unacceptable judicial activism" that led to today's ruling. MK Eldad said, " The Prime Minister, who objected to the counter-terrorism fence because he realized that it was liable to turn into a final border, changed his mind and supported the fence when he thought he could determine its route. Now that the Supreme Court, acting on behalf of the Arabs, is setting the route on the Green Line [separating Judea and Samaria from the rest of Israel - ed.], the Prime Minister must realize what a catastrophe he is leading us into."
Minister Landau and Health Minister Danny Naveh said they would recommend the passage of legislation to enable the construction of the fence on the approved route.
Some Arab-owned fields and homes have already been razed in preparation for the construction of the fence on the now-rejected route.