Supreme Court upholds law to detain 'unlawful combatants'
Law authorizes the state to detain foreign nationals who belong to terror groups or who have acted against Israel.
The Supreme Court yesterday upheld the constitutionality of the law allowing for the detention of "unlawful combatants," which Israel uses to hold Hezbollah fighters.
Supreme Court President Dorit Beinisch and Justices Edmond Levy and Ayala Procaccia rejected an appeal by two Gazan Palestinians who were detained after their involvement in terror activity on behalf of Hezbollah was proved.
The Unlawful Combatants Law authorizes the state to detain foreign nationals who belong to terror organizations or have participated directly or indirectly in hostile actions against the State of Israel.
Its goal is to prevent their continued activities.
Beinisch wrote in the verdict that although the law involves substantial harm and the suppression of personal freedom through administrative detention, the harm is proportional.
She noted that it was passed in a "harsh security reality" that justifies the violation of to personal freedom.
"The law's harm to the constitutional right to personal freedom, although substantial, is no greater than necessary," Beinisch wrote.
"Therefore, we have concluded that the law meets the criteria of the limitations ruling and there is no constitutional grounds to intervene in it."