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The central atrium of Israel's Supreme Court building in Jerusalem.
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06/08
Ynetnews |
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| By Israel Insider staff and partners June 9, 2005 |
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Israel's Supreme Court ruled Thursday a Gaza withdrawal plan is constitutional, removing the last legal obstacle to this summer's pullout.
The 11-judge panel rejected 12 petitions by opponents seeking to declare the Evacuation-Compensation Law illegal, ruling the pullout does not violate the settlers' human rights.
Ten of the judges stressed the withdrawal is constitutional, but placed four restrictions on the manner in which evacuated settlers can be compensated.
One judge -- Justice Edmund Levy -- held the opinion that the law is illegal and should be canceled.
Two of the appeals were ideological: one, presented by the Gaza Beach Regional Council, challenged the law's very legality, saying the statute violated their human rights, and asked the court to nullify the law.
The second claimed the law would create "economic injustice" if enacted.
In the meantime, judges refused repeated requests from Gaza settlers to visit the area prior to rendering a judgment in the case. Court President Aharon Barak said the justices seriously considered visiting Gaza, but to date no such visit has taken place.
Yitzhak Meron, legal counsel for the Legal Forum for the Land of Israel, a body that submitted one of the appeals, criticized the judges decision, and said it was a "mystery" as to why the judges chose to stay away.
"I think it is vital to visit a region when you are have the fate of its residents in your hands," he said. "Especially when the matter has raised such serious questions."
Meron also pointed out that the State had no objection to the visit, and that the court has an opportunity to save the country from a "problematic" process.
"It would have been more than natural for the judges to visit. The court has a fantastic opportunity to save Israel from an extremely problematic process and social trauma. I hope the court will intercede (on the part of the settlers) as it has in the past on the part of Palestinians," he said.
Right-wing politicians and activists were vehement in their criticism of the court's decision.
"This morning the Supreme Court justices prove that like the International court of Justice in the Hague, most judges are PLO collaborators, who are trying to implement the policy of Hamas -- the policy of expelling Jews from their land," Nadia Matar, the head of "Women in Green" movement said.
Knesset Member Yuli Edelstein (Likud) noted, "The Supreme Court proved that it had the courage to stop the expulsion of 400 terrorists by Yitzhak Rabin but not the expulsion of 8,000 residents for no reason by a close-minded government."
Others mourned what they said was the decline of Israeli democracy. "The decision of the Supreme Court represents the collapse of the very last vestige of democracy in Israel," Effie Eitam, head of the Religious Zionism faction in the Knesset, said.
A voice from the left, Housing Minister Yitzhak Herzog (Labor), said, "The message of the Supreme Court is that the (government's) decision on the disengagement and its implementation was done in a democratic, proper and correct manner with the maximum consideration for the feelings and needs of the evacuees."
Knesset Member Ron Cohen (Yahad) Cohen called upon the settlers "to release the country and Israeli society from threats of violence, to internalize the decision of the government, the Knesset and Supreme Court, and to come home to Israel."
Yoram Sheftel, an attorney for the settlers, said his expectations were low because the Supreme Court has a tendency of ruling against Jewish settlers.
"We didn't expect anything from this court since the petitioners are Jews and patriots," Sheftel said. "This was fully expected. There's no surprise. I'm not disappointed because we didn't have any expectations."
Justice Minister Tzipi Livni praised the court's decision, and expressed hope the ruling would defuse settler resistance to the evacuation.
"I hope this ruling sends a message to the lone settler that the plan is going ahead," Livni told Israel's Army Radio.
But the ruling comes as opinion polls show that the public's support for the plan -- which was initially at more than 70 percent -- is dropping. Recent polls show support for the plan is wavering around 50 percent, and opposition has risen slightly.
Gaza Mayor Avner Shimoni latched onto these opinion polls, saying the Supreme Court's ruling will become irrelevant if the public does not support the evacuation.
"Our people are strengthening from day to day and are really very encouraged by what is happening," Shimoni told Israel's Army Radio. "The polls show that the public is opposed... In the end this is what will pressure our parliament to decide against this."
A new round of Palestinian violence -- concentrated mostly in the Gaza Strip -- has increased Israeli fears that terrorists will fire on settlers and security forces during the evacuation.
The AP contributed to this report.
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