B'Tselem's latest report deals chiefly with the Arabs living in what the organization calls the "prison of Gaza" – but it also has a section on the expected blow to Jewish rights resulting from the disengagement. "There exists significant potential that freedom of expression will be harmed," the report states.
"Ever since the beginning of the intifada," B'Tselem writes this week, "the residents of the [Jewish communities in Gaza] have been a regular target for attacks from Palestinian organizations. These attacks include light-weapons shooting, mortar shells and Kassam rockets almost daily. Attacks on the Jewish residents of Gaza have killed 37 people, including four minors, and dozens of others were seriously wounded. These attacks are a blatant violation of the right to life, and are defined in humanitarian law as war crimes. Israel must therefore use all legal means at its disposal to prevent harm to the residents."
The report states that the disengagement will be a "severe blow" at the residents' property rights: "They will have to give up their homes, and some of them will have to give up their means of sustenance."
B'Tselem says that though this is legal, "because it comes to mend a blatant violation of international humanitarian law," Israel must still compensate those who will be hurt by it: "Despite the criticism that was leveled at the way in which the compensation was set, it appears that in general, Israel has prepared itself properly to fulfill this obligation."
Eran Sternberg, spokesman for Gush Katif, was not happy with the report: "On the surface, this approach towards the Jewish residents is encouraging, given the left-wing silence up until now. In principle, this change is welcome – but we cannot ignore the fact that throughout the period in which the 'expulsion-theft' law [officially known as the Evacuation/Compensation Law] was being legislated, the voice of these organizations was silent. Law Committee Chairman MK Michael Eitan even rebuked them for not being present at the sessions."
The B'Tselem report warns that because of the tremendous opposition within some sectors to the plan, there is a "significant potential" that freedom of expression will be impaired: "Since there is clearly no need to protect freedom of expression for remarks that are in the national consensus, the importance of this right is manifest specifically regarding remarks that are sharp and objectionable."
"It also appears likely that in the framework of its struggle against the opposition to the disengagement," the report states, "the State will arbitrarily restrict the freedom of those who oppose the plan."
As an example, B'Tselem cites the recent declaration by Attorney-General Menachem Mazuz that he is prepared to approve security requests for administrative detention of right-wing figures. "Even if this is not an absolutely invalid measure under all circumstances," B'Tselem states, "it involves the genuine danger of violating the right of every citizen for due legal process."
"The State must protect all its citizens," the report declares, "and in this case, the State is severely impairing the [Jewish] residents [of Gaza]. The evacuation itself is legal and, in the eyes of this organization, also just – but this does not mean that that everything is permitted in order to implement it... It is important that we protect all types of expression, even if we do not agree with them."
Gush Katif's Sternberg said, "The strange timing of this report, after it is already too late to change the law, raises a heavy suspicion that the purpose of these left-wing organizations is merely to prove in the future that they did something. We don't really buy their 'concern...'"
"Ever since the beginning of the intifada," B'Tselem writes this week, "the residents of the [Jewish communities in Gaza] have been a regular target for attacks from Palestinian organizations. These attacks include light-weapons shooting, mortar shells and Kassam rockets almost daily. Attacks on the Jewish residents of Gaza have killed 37 people, including four minors, and dozens of others were seriously wounded. These attacks are a blatant violation of the right to life, and are defined in humanitarian law as war crimes. Israel must therefore use all legal means at its disposal to prevent harm to the residents."
The report states that the disengagement will be a "severe blow" at the residents' property rights: "They will have to give up their homes, and some of them will have to give up their means of sustenance."
B'Tselem says that though this is legal, "because it comes to mend a blatant violation of international humanitarian law," Israel must still compensate those who will be hurt by it: "Despite the criticism that was leveled at the way in which the compensation was set, it appears that in general, Israel has prepared itself properly to fulfill this obligation."
Eran Sternberg, spokesman for Gush Katif, was not happy with the report: "On the surface, this approach towards the Jewish residents is encouraging, given the left-wing silence up until now. In principle, this change is welcome – but we cannot ignore the fact that throughout the period in which the 'expulsion-theft' law [officially known as the Evacuation/Compensation Law] was being legislated, the voice of these organizations was silent. Law Committee Chairman MK Michael Eitan even rebuked them for not being present at the sessions."
The B'Tselem report warns that because of the tremendous opposition within some sectors to the plan, there is a "significant potential" that freedom of expression will be impaired: "Since there is clearly no need to protect freedom of expression for remarks that are in the national consensus, the importance of this right is manifest specifically regarding remarks that are sharp and objectionable."
"It also appears likely that in the framework of its struggle against the opposition to the disengagement," the report states, "the State will arbitrarily restrict the freedom of those who oppose the plan."
As an example, B'Tselem cites the recent declaration by Attorney-General Menachem Mazuz that he is prepared to approve security requests for administrative detention of right-wing figures. "Even if this is not an absolutely invalid measure under all circumstances," B'Tselem states, "it involves the genuine danger of violating the right of every citizen for due legal process."
"The State must protect all its citizens," the report declares, "and in this case, the State is severely impairing the [Jewish] residents [of Gaza]. The evacuation itself is legal and, in the eyes of this organization, also just – but this does not mean that that everything is permitted in order to implement it... It is important that we protect all types of expression, even if we do not agree with them."
Gush Katif's Sternberg said, "The strange timing of this report, after it is already too late to change the law, raises a heavy suspicion that the purpose of these left-wing organizations is merely to prove in the future that they did something. We don't really buy their 'concern...'"