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A typical right-wing heckler
By Ehud Asheri

"The potential for a clash between the need for self-defense and the risk of violating human rights is great. The High Court of Justice is the institution that can protect human rights during truly difficult periods. For residents of the territories who have been harmed by the government, there is no other address" (Supreme Court President Dorit Beinisch, in an interview with the Israeli business daily Globes).

"When the reactor was bombed in Iraq, human rights were also harmed. But this doesn't mean that the High Court should have intervened in the government's considerations as to whether or not to bomb the Iraqi reactor. With regard to the separation fence, it should have been possible to consider compensation rather than altering the fence's route ... issuing injunctions delays the work in a way that can harm national security" (Justice Minister Daniel Friedmann, in an interview with Haaretz).

If there is one thing that obligates any decent and enlightened person to rise up against Justice Minister Daniel Friedmann, it is his basic approach to human rights. Of all the disputes between him and Supreme Court President Dorit Beinisch, this is the most substantial, even if it is the most hidden.

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Until late August, one could have believed that the confrontation between the two was over the division of power between the judiciary and executive branches: Friedmann is trying to limit the powers of the Supreme Court and its president, while Beinisch is trying to preserve them. But Friedmann's interview with Haaretz let the cat out of the bag: Behind his package of reforms hides a distorted concept of the essence of Israeli democracy in general, and its relationship to Israeli Arabs and the territories in particular. The justice minister thinks that democracy is simply the realization of the majority's decisions. What bothers him is that the Supreme Court uses its power to protect Arabs, and does so at the expense of the interests of the Jewish majority.

If I was under the impression that Friedmann, despite his other shortcomings, was at least a liberal in his views, he corrected my mistake. It turns out that his real problem with the Supreme Court is that it is too fond of Arabs. True, Friedmann does not make this assertion outright, but occasionally a statement escapes him and gives away his political bias. For example, regarding his proposed bill to limit the terms of Supreme Court presidents, he says, "You have to see who supports it and who opposes it. Meretz and the Arabs took the side of the court and opposed the law. Perhaps that suits Haaretz's line."

Why does he mention the bill's opponents? What is that if not a variation on the average right-wing talkback, which lumps the court together with "Meretz and the Arabs" in one parcel, which it wraps in Haaretz? What is that if not a scathing declaration that the Supreme Court is a bastion of the anti-patriotic, bleeding-heart left? The problem is that this populist nonsense is being uttered by the justice minister of the State of Israel, and not the racist talkbacker on the news Web site Ynet.

Or take the demagogic statement cited above, this time regarding the High Court's intervention in the route of the separation fence. Beinisch (and the presidents who preceded her) believes that the role of the court is to strike a balance between Israeli security interests and any infringement of the basic rights of the Palestinian residents. Friedmann does not dispute that the fence's route can harm their lives, he just thinks that the harm is always justified, in every case, by virtue of the decision having been made by the majority. The rights of the residents are of absolutely no interest to him. According to him, the High Court should not have intervened in the issue in the first place, just as it did not intervene in the bombing of the reactor in Iraq, during which "human rights were damaged" as well.

One can hardly believe that the speaker is an Israel Prize laureate in law. Friedmann does not make the basic distinction between belligerent activity on enemy territory and non-belligerent activity in occupied territory for which Israel is responsible. After all, these are two separate sets of laws. What is permissible in a war situation (for example, to kill an enemy soldier) is not permitted in a non-war situation (for example, to kill an enemy soldier who has fallen into captivity). Friedmann should also know that international law obligates a country to take full responsibility for an occupied population and ensure all its human rights. What on earth is the connection between that and harming innocent people in the course of an operational activity, and on enemy territory at that? And when has the High Court intervened in operational activities?

In order to prove how enlightened he is, Friedmann proposes to "think about compensation" instead of issuing injunctions "that delay the work in a manner that can harm national security." Even if one accepts his unrealistic idea that a person can be compensated for the destruction of the fabric of his life, who will decide on the amount of compensation? And to whom can the Palestinian appeal? After all, the High Court of Justice is blocked to him. In short, his proposal is not serious.

The rules of justice don't interest the justice minister when it comes to Arabs. He doesn't understand why the "neighbor policy" (in which Palestinian civilians are ordered to assist troops in arresting wanted militants), which deliberately endangers innocent Palestinians, is fundamentally objectionable, and why the High Court found it proper to outlaw it. He is opposed also to the court's unanimous decision to overturn the "intifada law," which prevented Palestinians from demanding compensation for damages incurred during non-belligerent Israel Defense Forces activity. From his point of view, they are a hostile population that doesn't deserve any compensation. Nor does he think that blocking the right of Israeli Arabs to be reunited with family members from the territories is a blatant violation of human and civil rights. He sees it as a national-security problem, and one in which the High Court is not permitted to intervene.

Minister Friedmann's cumulative positions regarding Arabs do not leave room for doubt. The man does not understand the essence of democracy and its basic obligation to defend human rights. How clear, lucid and enlightened Dorit Beinisch sounds compared to him, when she states simply: "The High Court is the institution that can protect human rights during truly difficult periods. There is no other address."
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  11.   efox 2 14:15  |  realism 28/08/07
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  19.   pace 306 16 18:30  |  realism 28/08/07
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