Scene of Gaza attack
Photo: AFP
State defends targeted killings
State Prosecutor’s Office addresses High Court with letter justifying the assassination policy as falling under war laws, not Israeli law
The State moved swiftly to justify the latest targeted assassination of two Palestinian terror suspects in an IAF strike Thursday afternoon, turning to the High Court of Justice with the argument the assassination policy falls under war laws now that Israel has withdrawn from the Gaza Strip.
In a letter to the Court, Deputy State Prosecutor Attorney Shay Nitzan wrote: “Since IDF soldiers completely withdrew from the Gaza Strip, the operation is a military action executed in a foreign territory, outside the State’s territory, belonging to a foreign country from which military actions against the State of Israel are stemming.”
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A legal saga between the state and human rights groups has been going on since January 2002 when the Public Committee against torture in Israel filed a petition to the High Court of Justice against the assassination policy.
The High Court adjourned the hearing on the petition in July in light of a declaration by Prime Minister Ariel Sharon at the Sharm el-Sheikh summit in February that Israel will shelve the targeted assassination policy.
The policy was dusted off in July prompting the High Court to renew hearings on the petition. On Sunday the Court will hold a session to discuss the petition and the State’s clarification on the reintroduction of the assassination policy.
The High Court had asked the State to present a thorough explanation of its adoption of the policy.
In the latter addressed to the Court on Thursday the State Prosecutor’s Office has filed opinions by experts in international law endorsing the view that Israel has the right to defend itself against terror and military activities stemming from Gaza.
'It's immoral and illegal'
The State also cited a recent targeted assassination executed by the United States Army against an al-Qaeda leader in Iraq.
Public Committee Director General Hana Feldman maintains that the assassination policy is inappropriate, arguing that innocent Palestinian citizens get killed and injured in IAF strikes and the principle of liquidating terror suspects without trial is illegal under international law.
“We condemn the use of the assassination policy. It is immoral, illegal and in violation of international conventions. The State is not a terror groups and could arrest people instead of assassinating them from the air,” Feldman said.
“We stick by our position - a modern state cannot use assassination policies, be it Israel or the United States,” she added.
