Subscribe to Print Edition | Sun., November 30, 2008 Kislev 3, 5769 | | Israel Time: 20:48 (EST+7)   Back to Homepage web haaretz.com Haaretz Toolbar Diplomacy Defense Jewish World Opinion National Print Edition Car Rental Books Haaretz Magazine Business Real Estate GA 2008 Travel Week's End Anglo File

Last update - 10:01 27/11/2008 Court ruling sees IDF targeted assassinations as last resort By Ze'ev Segal Tags: IDF assassinations  In the High Court of Justice decision on targeted assassinations, the issue of the need for proportionality stands out. This legal requirement means that if the same effect can be achieved, or at least its primary goal, by a less drastic act then the extreme step may not be taken. In this light, the court ruled that if it is possible to arrest a terrorist who is taking a direct part in an illegal act, and question him and put him on trial, then this should be done instead of a targeted assassination. Former Supreme Court president Aharon Barak, in his 2006 ruling stated: "The arrest, investigation and trial are not always the means to be used. Sometimes this possibility does not exist at all. Sometimes it is dependent on such a great risk to the lives of the soldiers that there is no requirement to do so," wrote Barak. Nevertheless, Barak noted it was always required to consider the less damaging steps. As to the possibility of injuring civilians, the court ruled: "Proven information is required before a civilian can be classified as someone in the category that justifies harming him. In principle, innocent civilians should not be harmed. Proven information must exist as to the identity and activities of the civilian, who according to the claims has taken part in terrorist activities." Advertisement The High Court emphasized that the burden of proof in such cases was on the army and was "weighty." In case of doubt, a meticulous investigation was required before such an attack, ruled the court. The High Court also stated that even after such an attack on a suspect in terrorism, a thorough investigation must be carried out afterwards as to the accuracy of the identification and the reasons for the attack. Barak also made it clear that such an investigation must be independent and not conducted by members of the defense establishment or any other public authority. Every case of targeted assassination must be examined for its special considerations, ruled the court, so that such an action is not always banned, and not always permissible. The use of such a drastic step must be proportional and must express a reasonable balance between the military-security benefit and the damage it would cause. Related articles: IDF rejects claims it killed Palestinians in defiance of court Bookmark to del.icio.us   A real mensch Chabad leaders say the slain rabbi's only concern was helping Jews away from home. An immodest proposal Likud MK suggests using Palestinian prisoners as human shields against Qassams.   1.   Hang up your guns, pick up your pens 09:18  |  IW 27/11/08   2.   Hamas policy: target Israeli civilians for murder 10:18  |  Joe Sittizen 27/11/08   3.   Unreal or is it surreal? 21:28  |  ecr 27/11/08   4.   #1 Nonsense, IW 23:11  |  Johnboy 27/11/08   5.   Johnboy-hopelessly biased 00:16  |  Stephen in New York 28/11/08   6.   Nonsense Johnboy 01:28  |  IW 28/11/08   7.   Thank you, IW 14:43  |  The Real IW 28/11/08   8.   I see. So I guess 14:47  |  steve 28/11/08   9.   Funny that 15:35  |  Steve J 28/11/08   10.   no limit to the hubris of these fools in black robes! 19:52  |  dante 28/11/08   11.   IW to Real IW 21:23  |  IW the has been 28/11/08   12.   #4, #5, #6 All miss the point of this article 01:23  |  Johnboy 29/11/08   13.   Johnboy 05:46  |  ME 29/11/08   14.   #13 Such nonsense, ME 07:16  |  Johnboy 29/11/08   15.   To Johnboy--Let`s end this farce 19:09  |  IW (the real one) 29/11/08   16.   #15 I see ideologically driven farce all right, IW 23:30  |  Johnboy 29/11/08   17.   Excuse me, Johnboy 00:37  |  IW 30/11/08   18.   #17 You astound, IW 03:14  |  Johnboy 30/11/08

Read & React 'Mumbai terrorist says mission specifically targeted Israelis' Responses: 47 Is 'the most dangerous man in the world' behind the Mumbai attacks? Responses: 10 Israeli experts: Slow op meant 'no chance' for Chabad house captives in Mumbai Responses: 86 Zvi Bar'el: When in doubt - blame al-Qaida Responses: 5 In depth / How Israel managed to hinder Iran's nuclear plans Responses: 11 More Headlines 20:28 Two Israelis in Mumbai remain unaccounted for 20:08 Olmert: No doubt Mumbai attack targeted Jewish institutions 20:31 U.S. rabbi: I spoke to Mumbai assailant on slain rabbi's phone 19:03 Cabinet approves releasing 250 Palestinian prisoners in gesture to Abbas 14:07 Qassam strikes residential area in central Sderot 17:57 Iran proposes building joint nuclear plants with Arab neighbors 16:55 IDF soldiers get cash reward for refusing to evict settlers 20:11 Bethlehem mayor: Christmas season will cap boom year for tourism 18:37 Is 'the most dangerous man in the world' behind the Mumbai attacks? 19:19 Rabin assassin declares hunger strike to protest prison conditions 18:59 Hamas blocks haj pilgrims granted visas by PA from leaving Gaza 20:27 Pope praises Nazi-era pontiff who Jews say turned blind eye to Holocaust 05:08 IN-DEPTH / How Israel managed to hinder Iran nuclear plans 05:50 Bush to Olmert: Why are you giving Syria the Golan for nothing? 18:46 India security chief resigns after Mumbai terror attacks 10:39 Has the AIDS cocktail worked too well in Israel? Previous Editions Select Day 28 nov 27 nov 26 nov 25 nov 24 nov 23 nov 21 nov 20 nov 19 nov 18 nov 17 nov 16 nov

Special Offers Advertisement Inbal Thanksgiving Sale Save up to 30% off reservations at the Finest Hotel in Jerusalem Living in Israel Studying in English Click & Meet our students from all around the world Fattal Hotel Chain Perfectly located hotels on best resorts of Israel. Car rental in Israel Shlomo Sixt Receive $15.00 from our low rates. Eldan Rent a Car Israel's leading car rental company offers you a 20% discount on all online reservations Jewish Singles Personal Ads Find the love of your life on JDate.com Israel's Premier Real Estate Website www. israel-property.com Hebrew Summer courses From $39.95 Junkyard Junk a car - get free towing nationwide and a tax-deductible receipt

Home | TV | Print Edition | Diplomacy | Opinion | Arts & Leisure | Sports | Jewish World | Underground | Site rules |

Real Estate in Israel | Travel to Israel with Haaretz | Hotels Israel | Restaurants Israel | Tourist attractions Israel | Shops Israel

birthright Israel | Search engine marketing

Haaretz.com, the online edition of Haaretz Newspaper in Israel, offers real-time breaking news, opinions and analysis from Israel and the Middle East. Haaretz.com provides extensive and in-depth coverage of Israel, the Jewish World and the Middle East, including defense, diplomacy, the Arab-Israeli conflict, the peace process, Israeli politics, Jerusalem affairs, international relations, Iran, Iraq, Syria, Lebanon, the Palestinian Authority, the West Bank and the Gaza Strip, the Israeli business world and Jewish life in Israel and the Diaspora.

© Copyright  Haaretz. All rights reserved