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28 Sivan, 5784 - July 4, 2024 | Mordecai Plaut, director Published Weekly










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The Judicial Activism of the High Court at the Service of Terrorists

by Yitzchok Roth


Just to get a picture of how the High Court succeeded in gaining control over the entire country, it suffices to study the petition presented this month under the title: "Bagatz 4395/24: the Palestinian Authority versus the Knesset." The Terrorist Authority whose ranks are comprised of terrorists who seek to destroy Israel, headed by a Holocaust-denier and pathological liar, has presented a petition against the Knesset, the government and the legal advisor to the government regarding restricting the transfer of monies to the Authority — monies designated to pay the salaries of terrorists.

Let us imagine for a moment that at the very height of the war which America declared against Al Qaida following the devastating attacks which they perpetrated on U.S. territory, representatives of the organization were to tender a plea to the US Supreme Court on the grounds of being denied such rights. It is easy to imagine that these representatives would not have passed the steps leading to the clerk who was employed to accept such documents; rather, they would have been kicked bodily out the door.

But the Palestinian Authority is savvy to the unbridled judicial activism of the Israeli High Court. This is why they are using Israeli democracy to destroy it from within. So far, it might still be tolerated if the judge responsible for petitions in general would have crumpled it and flung it into the nearest dustbin. But in the court decision signed by Judge Stein, the ruling bore the following text: "The request will be dealt with and studied by a composition of judges who will rule upon what to do." This means that instead of dismissing it out of hand, it would be discussed by a panel of judges — at the cost of Israeli taxpayers and precious judicial time.

Here is another question: Who, at all, allowed the court the right of the terrorist Palestinian Authority to present such a document to the High Court? Ah, we remember. Former Judge Barak abolished this restrictive concept of standing by determining that every citizen has the right to appeal on any subject he so wishes, whether it concerns him personally or not. "Everything is judiciable, remember?"

While the P.A. is not exactly 'your usual citizen' but its right remains to plea. And if someone believed that such a subject is judiciable solely by the political network, here he discovers that the judicial network has sunk its talons here as well.

There is also the excuse of 'clean hands', whereas the Palestinian Authority's hands are contaminated with Jewish blood which continues to flow. It continues to blaspheme and vilify the State, and to date, no one there has denounced the massacre perpetrated by Hamas affiliates. And yet, none of this deters the High Court from sitting on this petition.

It does not stop here. The High Court also discussed the plea tendered by civil rights organizations regarding the quantity and quality of food served to the Hamas Nochba murderers. Judge Dafna Barak-Erez noted that the state did not present its medical opinion on the decrease of food in the prisons. Judge Halad Kabub asked why the prisons differentiate on the meals served to regular prisoners and security prisoners.

Soon will come the time when the court will discuss if the State has the right, to begin with, to arrest 'foreign citizens' from Gaza who were 'kidnapped' from their homes by the invading Israeli army.

A high court gone berserk, ignoring borderlines and divisions, with no one capable of arresting its wild, unbridled activities which has rendered Israeli democracy a sham and disgrace.

Incitement Unlimited

There is one area where the judicial advisor has nothing reasonable to say: the wild incitement against the Prime Minister which has no bounds and goes even further.

During the era of Bennet-Lapid, people were arrested, imprisoned, brought to court, while here, cries of murder are ignored, pretended not to even be heard.

In the course of a demonstration which took place very recently in front of the Prime Minister's home in Caesarea under the slogan of [Caesarea hodcha achshav], clips of Yoram Metzer, who was kidnapped by Hamas and murdered, showed his daughter-in-law shouting vile incitement against the prime minister and his wife. Among her cries were: "If they [the hostages] do not return, we will be waiting with a hangman's noose. You are destroying our homes, our children and our future." The demonstrators cheered her on and clapped energetically.

At another demonstration, a relative of a hostage said to Netanyahu, "You, Bibi, are the first of the meraglim-spies and you are the first to abandon them to their fate. Your heritage is a stain, a legacy of a mass murderer, of a war criminal."

These are examples of the vilifications being heard against Netanyahu. The title 'traitor' is already mild in comparison. And when a columnist wrote that "Nasrallah is not the enemy — Netanyahu is," this almost sounds natural. Not worthy of judicial attention.

The entire Right is being condemned as being guilty of the assassination of a past prime minister. There are no holds barred, these days, no limits. No court system, no police system. There is no one who will say: 'Stop' to this rabid incitement, because what is ultimately forbidden to the Right is fine and good for the Left.


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