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August 30, 2002
Israel's quest for justice
Editorial
Adding to the complexity of justice and injustice in the Middle
East, a landmark case facing Israel's High Court this week is considering
the forced move of family members of terrorists.
The Palestinians in question are relatives of two terrorists (one
of whom is dead) believed to have instigated two recent terror attacks.
The three people whose fate is being considered by the court include
the brother and sister of Ali Ajouri, a Tanzim terrorist who allegedly
masterminded a terror attack in Tel-Aviv in which three people were
killed on erev Tisha B'Av. (Ali Ajouri was killed by the Israel
Defence Forces recently.) The other individual is the brother of
Nasseradin Assida, who is wanted on suspicion of numerous attacks
in which at least nine people were killed.
The IDF wants to move the family members from the West Bank to the
Gaza Strip, presumably because the Gaza area is more easily policed
and its border with Israel less permeable than the much longer frontier
with the West Bank.
The Hamoked Centre for the Protection of the Individual and the
Association for Civil Rights in Israel have taken up the case of
the three family members, who are accused of aiding their terrorist
relatives. Arguments continue as to whether the aid was merely "humanitarian"
– the sort that any family member could be expected to extend
– or more pertinent to the execution of the terrorist plots.
To complicate the issue, the Aksa Brigades terrorist organization
has threatened to target family members of Israeli leaders in retaliation
for any expulsions.
To back down now might appear to be caving to the threat of further
terrorism. But Israel should back down.
Israel has an advanced justice system. If the court believes the
three family members aided in terrorism attacks, the three should
face charges on the specifics of their involvement. If it believes
that the aid in question was humanitarian in nature, they should
be let go. They should not be found guilty, without due process,
for the terrorist acts committed by members of their families.
The argument, forwarded by the family of one of the terrorists'
victims, that expulsions could deter future acts of terrorism is
specious. Justice should be the deterrent. Israel should continue
to pursue terrorists through the standard channels of investigation
and justice. If more than one member of a family was involved in
attack, more than one member of an attack should be charged.
The moral high ground that Israel strives for will be lost if it
uses tactics that betray the processes of justice that Israel alone
in the region possesses.
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