High Court shuns Knesset
Nobody authorized court to offer compensation to our enemies
Citizens of Israel, don't go out and vote in the next elections. It's a pity for you to waste your precious time in pseudo-democratic games. Just like in Saramago's wonderful book "Seeing", you should all decide to cast a blank ballot in the polls, and by so doing declare that you are no longer playing in this sold-out-in-advance game.
The High Court of Justice, by assuming the role of a non-elected Israeli Knesset, made it clear to us again who really rules here. You have the ability to vote and elect representatives to the Knesset and they will argue with great zeal and even decide what is best for the country - but ultimately, the High Court's 12 enlightened judges will decide what's good for you.
You are no more than a mob without values that can only be led to see the light, honesty, and truth by responsible, grey-haired, white skinned adults. The shady deals and shticks around electing them have become much more important than the democratic elections taking place in Israel every few years.
The damages law passed by the Knesset with a majority of 54 supporters versus 15 objectors has been annulled. And we're not talking about a law that was passed by "stealing the vote", or through vote-buying (like the case of Goldfarb's Mitsubishi, for example); we're talking about the most legal legislation one can think of - yet the council of the enlightened said "No" to it.
What about Geneva Convention?
This law merely reinforced what the Fourth Geneva Convention says and what every normal people facing a war says: In the war of the Palestinian people against the Jewish people, the latter will attempt to avoid hurting innocents - yet if even despite the army's reasonable efforts, Palestinians who are not involved in the fighting will be hurt, they will not be entitled to compensation as they are part of the enemy.
Yes, even the Geneva Convention places full responsibility for civilian casualties on the same side during war (in our case, the Palestinians) if it places its military forces amidst its own civilian population. Therefore, the IDF is allowed to respond with almost indiscriminate fire to Qassam fire from population centers in the Gaza Strip.
Yet as the most moral army in the world, the IDF doesn't do it and limits itself to specific targets only. If despite this, Palestinians uninvolved in combat get hurt, this is very regrettable but those are unfortunate incidents that happen in every war between peoples.
This very simple rule was reinforced by the damages law, yet the High Court ruled that this legislation may be proper and good for the US Army in Iraq and Afghanistan, the Allies during World War II, NATO forces in Kosovo, but not for the Jewish State, which a year ago disengaged completely from Gaza and maintains a security control only in Judea and Samaria.
Why? Because the judges ruled on behalf of Israel's citizens and its Knesset members that we must be much more ethical than good Christians: A good Christian turns the other cheek to those who hit him, while a good Jew, according to the High Court, will also be paying those who hit him compensation after being slapped.
No authority
Even if we were not talking about such an anti-Israeli and senseless ruling, but rather, about the annulment of a blatantly discriminatory law, the High Court has no authority to do it. As every 6th grade student knows, the only source that provides authority and power to government bodies in a democratic country is the people, through its representatives in parliament.
The Israeli Knesset never granted an all-inclusive, limitless authority to Israel's judges to cancel its own legislation. Yet Aharon Barak decided that these laws constitute the State of Israel's constitution - a constitution that was never drafted, and only he and his buddies can do as they wish with these laws.
In the sole and significant test case where a significant Knesset majority legislated a law that is all about blatantly undermining every possible Basic Law, the High Court failed (and not coincidently) and did not use its (illegal) authority, instead opting to grant power to a majority trampling over a minority that has done nothing wrong.
It happened with the infamous evacuation-compensation law, which was approved by the enlightened court only because it hurt the basic rights of settlers, and not, God forbid, those of Arabs or terrorists.
