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Photo: Tzvika Tishler
Amnon Rubinstein
Photo: Tzvika Tishler

Decision-making debacle

Truce decision should be taken by entire government, not handful of ministers or courts

The decision regarding the lull agreement with Hamas is flawed in my eyes, fundamentally and legally.

 

The decision is fundamentally flawed because we are not dealing with a ceasefire that leads to an armistice agreement or peace, but rather, it grants Hamas a time-out for arming itself and preparing to hit Israel within a short period of time. In addition, the truce complies with Hamas’ demands without securing the release of abducted IDF soldier Gilad Shalit.

 

In legal terms, there are two problems which the High Court of Justice will certainly look into as result of the petition submitted by Shalit’s parents. One problem is that a pledge was made to the cabinet, to the government, and to Shalit’s family as well that Gaza Strip crossings will not be reopened until Gilad Shalit is released – and this pledge was violated.

 

Secondly, I find that the failure to bring the matter before the entire government for approval is problematic. After all, this is a question of the utmost importance that has significant political and security implications for Israel.

 

In the past, when I served as a government minister, then-Defense Minister Yitzhak Rabin presented the prisoner swap deal with Ahmed Jibril’s group to the government. I voted in favor of the deal, and I think I made a mistake. The swap’s approval led us to free murderers and boosted the appetite for further abductions. In the framework of that deal, Israel released 1,150 terrorists from prison in exchange for three captives. Many of those released in that swap, including Jibril Rajoub and Sheikh Ahmad Yassin, went back to operate in the framework of terror organizations.

 

Why are ministers so passive?

In any case, such decision must not be taken by cabinet members only, and it would be proper for the opinion of all ministers to be heard. I am surprised to see the passivity of the ministers who did not take part in the consultations and read about it in the newspapers, yet still did not demand that the decision be brought up before the entire government.

 

On occasion, because of secrecy considerations, certain matters are not presented to the government for fear of leaks, yet this was not the case here. Hamas is familiar with all the details here, and so are the Egyptians. The ministers should not be hearing about it from the media, as this is a flawed move democratically speaking.

 

Yet despite all this, it is not the High Court’s place to rule on the matter of the ceasefire. We are dealing with a sensitive and difficult security-political matter, and making the decision is part of the authority of the elected government, the Knesset, and the entire public. It is possible to protest or exert democratic means of pressure, but this is not a question the High Court of Justice should be dealing with. The courts are not supposed to resolve political and diplomatic problems.

 

Prof. Amnon Rubinstein teaches at the Interdisciplinary Center in Herzliya

 


פרסום ראשון: 06.23.08, 09:13
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