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An enlightened occupier
By Gideon Levy

The juggler from the palace of justice has struck again. In a single week, retired Supreme Court president Justice Aharon Barak proved his impressive acrobatic talents. In his last rulings, all of them having to do with the occupation, the outgoing Supreme Court president seems to have wanted, as he has during the 11 years of his presidency, to have his cake and eat it, too. Barak wants to appear as though he is both upholding justice and not harming security - the unofficial religion of a state that shoots, then cries. What an enlightened occupier!

But even Barak's verbal acrobatics, his impressive formulations and his lofty words cannot conceal the bitter truth: It would have been better had these rulings not been handed down. Going forward, it is perhaps preferable that proponents of human rights no longer petition the High Court of Justice. The fact that the new president of the court and his deputy are not signed on some of these rulings ensures that nothing will change in the future of our Supreme Court.

At the end of this productive judicial week, the Israeli occupation won significant power. This additional power came in the form of the broad legitimization granted its injustices by the most prestigious institution in Israeli society, also lauded abroad. The targeted assassinations will continue in full force, the victims of the occupation will hardly be awarded any compensation and the separation wall will be completed as planned. The cruel reality of the occupation will not change in the wake of these rulings, but now these actions will have the court's seal of approval.

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The Israel Defense Forces assassinating unhindered is one reality, and an IDF that assassinates with the High Court's blessing is an even worse reality. The right's moaning about these rulings is therefore just a manipulation: It should be very pleased.

This last ruling is also the worst of them. Barak's crescendo will echo for many years: The court has laundered the executions. All the restrictions the High Court of Justice placed on targeted assassinations are no more than a collection of hollow words. A failed method of warfare, intended for thwarting 'ticking bombs,' has become unbridled and a matter of routine. In fact, 339 Palestinians have already been killed this way since the start of the current intifada; only 210 were intended targets and it is doubtful that all of them deserved to be executed. The rest were innocent bystanders.

Hit lists and death squads, death sentences without trials, and what does the High Court of Justice say? It is necessary that there be "well-founded, strong and persuasive information as to the identity (of the person assassinated) and his activity."

And who will determine what is "well-founded, strong and persuasive information?" The Shin Bet security services. And who will supervise the assassinations? The executioners. Instead of making clear and bold statements, that, for instance, assassination is permissible only in the case of terrorists en route to a terror attack, the court is being disastrously - and typically - ambiguous and, is essentially passing the responsibility to the IDF and the Shin Bet.

We spent five whole years waiting for this? The High Court of Justice could have determined this long ago.

The court also has lofty words for conflicts where rules of international law apply, though it has never expressed its opinion about the endless violations of such law. Jewish settlements in the territories, the transfer of prisoners in Israel, Israel's refusal to care for those living under occupation - all of this is one big, brazen violation of international law. How is it that the High Court of Justice has never ruled on the legality of the settlements, for example?

The court has proved once again that when given the chance to impact reality and bring about significant change, it instead withdraws in panic. Even when it revoked the Intifada Law, it knew that nothing would change on the ground.

Despite the public uproar, a Palestinian's chance of winning compensation from the state for crimes against him remains close to zero. Maria Aman, whose mother, brother and grandmother were killed in a failed assassination attempt in Gaza, can only dream of compensation. She and her family were after all harmed in the context of "an act of warfare," which the High Court of Justice has now sanctioned. It is permissible to launch missiles at cars in the heart of crowded cities, but it is not necessary to compensate the innocent, inevitable victims.

"The military commander must defend human rights," wrote Barak in another of his rulings - the one that okayed the wall severing the a-Ram neighborhood - summing up in a single sentence his efforts to safeguard the human rights being trampled in the territories. The military commander will "preserve human rights?" Given the reality in the territories, there could be no greater contradiction.

From now on, the Supreme Court will act without Aharon Barak. It will, however, presumably continue to act within his legacy, which has authorized nearly all injustices in the territories. Barak, meanwhile, will continue to be depicted in Israel and the world as a pursuer of justice. But the question will come up one day, and people will want to know where the High Court of Justice was when all this was happening. And where was Aharon Barak? No, not only did he not try to stop it; he was also a willing partner.

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  1.   High court ruling 09:56  |  HDW 17/12/06
  2.   129 stings in Israels heart 10:06  |  Swiss (Dino) 17/12/06
  3.   A FIRST DEGREE MURDER 10:23  |  indrajaya 17/12/06
  4.   condoning collateral damage 10:44  |  dana 17/12/06
  5.   None of the onus on terror?!?!?! 10:46  |  Akiva Patysh, Tzioni 17/12/06
  6.   assasinate 10:47  |  zichron 17/12/06
  7.   No Need to Fear Ahmadinejad. 11:02  |  Maureen Ann 17/12/06
  8.   Israel will lead the way for despots 11:08  |  Natallie Durson 17/12/06
  9.   do we need more insults? 11:45  |  viper 17/12/06
  10.   SWISS ( DINO ) 11:51  |  viper 17/12/06
  11.   Naturei Karta Chiloni 11:51  |  Shalom Freedman 17/12/06
  12.   Damage 11:55  |  Choni Davidowitz 17/12/06
  13.   Why not a proper legal opinion on the issue ? 12:06  |  PETER SM 17/12/06
  14.   #7 Maureen Ann-- No need to fear Ahmadinejad 12:07  |  tbora 17/12/06
  15.   High Court`s judges 12:11  |  Dan 17/12/06
  16.   Who lets murderers walk free? 12:13  |  Jasmine Murphy 17/12/06
  17.   N.Durson.You are confused there is a war on.Immediate threats- 12:15  |  PETER SM 17/12/06
  18.   Dirty Democracy 12:22  |  Ben 17/12/06
  19.   Targeted assassinations 12:46  |  Kurt 17/12/06
  20.   About Gideon Levy 13:09  |  Steven 17/12/06
  21.   # 16 Jasmine Murphy 13:21  |  Swiss (Dino) 17/12/06
  22.   # 10 viper 13:24  |  Swiss (Dino) 17/12/06
  23.   A future PM? 13:24  |  Stella Vaughn 17/12/06
  24.   The Palestinians are guilty of terror as much as Jews at Ghetto 13:38  |  free Jew 17/12/06
  25.   steeven..no such a thing as innocent Israeli settler 13:42  |  Levy 17/12/06
  26.   The obsession with the ?occupation? 14:13  |  KUTW 17/12/06
  27.   210 terrorists killed 14:21  |  KUTW 17/12/06
  28.   Sentences and trials 14:23  |  KUTW 17/12/06
  29.   Dying in an act of warfare 14:28  |  KUTW 17/12/06
  30.   3. indrajaya: GLAD TO KNOW YOU ARE AGAINST MURDER 14:31  |  KUTW 17/12/06
  31.   9 viper: do we need more insults? 14:34  |  KUTW 17/12/06
  32.   If the assasinations are OK, what?s wrong with suicide attacks? 14:43  |  Toronto`s Finest 17/12/06
  33.   Peter SM shames Australia again 14:45  |  Marilyn 17/12/06
  34.   KUTW ever hear of innocent until proved guilty? 14:49  |  Toronto`s Finest 17/12/06
  35.   One major error in this article 14:52  |  Tim 17/12/06
  36.   34. Toronto`s Finest: Have you ever heard 14:56  |  KUTW 17/12/06
  37.   Targeted Assassinations help reduce terrorism 15:17  |  Bruriah Sarah 17/12/06
  38.   Targeted Assassinations are Legal 15:20  |  Bruriah Sarah 17/12/06
  39.   KUTW That is my point.They were not tried! 15:26  |  Toronto`s Finest 17/12/06
  40.   Poor Gideon, he just can`t accept facts 15:36  |  David Teich 17/12/06
  41.   supreme court 15:58  |  Edifice 17/12/06
  42.   39.Toronto`s Finest: That is my point.They were tried! 16:16  |  KUTW 17/12/06
  43.   32. Toronto`s Finest: When have you criticised suicide attacks? 16:19  |  KUTW 17/12/06
  44.   Levy "Why can`t Islamists and Arabs just kill and destoy Jews" 16:41  |  B 17/12/06
  45.   KUTW. I see, Guantanamo type justice! 16:57  |  Toronto`s Finest 17/12/06
  46.   KUTW. I have ALWAYS been against suicide attacks! 17:00  |  Toronto`s Finest 17/12/06
  47.   Swiss (Dino) 17:04  |  Reuma 17/12/06
  48.   The difference between Pals and Israelis 17:05  |  William 17/12/06
  49.   Natalie - if you do spit statistics, be sure to explain #8 17:10  |  William 17/12/06
  50.   So who declared war? 17:14  |  Marilyn 17/12/06
  51.   The Palestinian fallicy of "innocents"... 17:16  |  William 17/12/06
  52.   45. Toronto`s Finest: do you want terrorists unpunished? 17:18  |  KUTW 17/12/06
  53.   Gideon Levy is no different from Avigdor Lieberman or the Haredim 17:24  |  Yonatan 17/12/06
  54.   Choice of Justices 17:32  |  Joe 17/12/06
  55.   WHY should it be hard for some people to...... 17:45  |  17/12/06
  56.   55. WHY should it be hard for you to...... 17:53  |  KUTW 17/12/06
  57.   Mr Levy, thaks for this article. 17:57  |  Amnon 17/12/06
  58.   # 47 Reuma 18:07  |  Swiss (Dino) 17/12/06
  59.   You see, this whya Carter thinks Isarel is a apartheid state 18:13  |  omolll 17/12/06
  60.   oops the fence works 18:13  |  peter 17/12/06
  61.   Facts, Swiss/Dino, facts? I have asked you for facts in another 18:17  |  Nadav 17/12/06
  62.   #9 REPEAT IT AGAIN AND AGAIN; MAYBE ISRAELIS WILL LISTEN TO YOU 18:31  |  ballistic 17/12/06
  63.   #16 response 18:35  |  ballistic 17/12/06
  64.   #25 THERE IS HOPE 18:45  |  ballistic 17/12/06
  65.   # 61 Nadav 18:57  |  Swiss (Dino) 17/12/06
  66.   BALLISTIC AND TWO SIDES 18:58  |  REUBEN REUBEN 17/12/06
  67.   #14tbora, Perpetrators of Injustice and Bullies... 19:07  |  Maureen Ann 17/12/06
  68.   An enlightened occupier - Gideon Levy 19:10  |  Chris 17/12/06
  69.   Swiss (Dino), You will find my posts regarding your spewing non- 19:17  |  Nadav 17/12/06
  70.   Perhaps Jimmy Carter Was Right 19:18  |  Wiseone 17/12/06
  71.   maureen ann do you know better then abbas 19:32  |  wicked witch 17/12/06
  72.   #25 Levy 19:50  |  Steven 17/12/06
  73.   # 69 Nadav 19:52  |  Swiss (Dino) 17/12/06
  74.   haaretz 19:59  |  Dr. Allan 17/12/06
  75.   #37 JUSTIFICATION FOR YOURSELF 19:59  |  ballistic 17/12/06
  76.   #70 Wiseone (yeah right) 20:04  |  Steven 17/12/06
  77.   #66 THEIR ARE FOOLS ON BOTH SIDES 20:12  |  ballistic 17/12/06
  78.   #76 TERRORISM IS A RELATIVE WORD 20:17  |  ballistic 17/12/06
  79.   #71 Yes--give up the West bank 20:19  |  ballistic 17/12/06
  80.   For #4, Dana 20:24  |  Gullible Cynic 17/12/06
  81.   for #24, free Jew 20:26  |  Gullible Cynic 17/12/06
  82.   Crazy idea 20:36  |  Concerned 17/12/06
  83.   One single question. On whose side is Levy? 21:00  |  David 17/12/06
  84.   Nadav, by the way if we wanna stick to the facts.... 21:06  |  Swiss (Dino) 17/12/06
  85.   #76 gone ballistic - wrong definition 21:07  |  Yonatan 17/12/06
  86.   #75 ballistic 21:22  |  Steven 17/12/06
  87.