At issue is a recent Israel Air Force policy of effecting tremendously loud sonic booms over Gaza, with the objective of scaring and disorienting the terrorists and Kassam-rocket launchers.
The State presented its position on Sunday, explaining that the booms "are an operational necessity that cannot be waived."
Just a month ago, the Supreme Court ruled that a procedure deemed necessary by the IDF was illegal. Known as the Neighbor Procedure, the tactic is designed to facilitate the safe arrest of wanted Arab terrorists in Judea and Samaria. It involves asking a neighbor of the sought terrorist(s) - instead of soldiers, who would thus be endangered - to knock on their door and inform the occupants that the army demands their surrender. The Court ruled that the procedure must not be used, as it is likely to endanger the neighbor without sufficient justification. "In balancing the military and humanitarian considerations," Chief Justice Aharon Barak wrote, "the considerations that forbid the army to use local residents have the upper hand."
The sonic bomb suit was brought on Nov. 2 by the Doctors for Civil Rights Organization and the Mental Health Center in Gaza, claiming that the booms cause heavy damage to the civilian population, and particularly to children. A brief attached to the suit by chief Gaza Psychiatrist Ihad Saraj claims that the policy causes the children "fears, nightmares and physical harm," including headaches and weakness.
It should be noted that the Israeli kibbutzim and communities bordering Gaza have also complained of the effects of the booms - though they have not brought a law suit against the policy.
The State Prosecution submitted the following response to the suit:
"The military activity to stop and interfere with the firing of Kassam rockets and mortar shells towards Israel is done via various means. Among the options at the IDF's disposal is that of flying IAF planes in the airspace over the launching areas. This is designed to disrupt the activities of the terrorists by causing the terrorists planning to fire rockets or bombs a fear that they will be identified and attacked in real-time while or immediately after they prepare the launch."
The State said that this method also causes confusion and disinformation amidst the terrorists regarding IDF plans in the area, as well as the sensation that the terrorists are constantly being tracked and endangered. The State emphasizes that this means is not lethal, has been used in the past by other countries, and is effective against rocket attacks without endangering life.