9 April 2002 Supreme Court Rejects Petition Calling on Israeli Army to Stop Demolishing Homes in the Jenin Refugee Camp Today, the Israeli Supreme Court dismissed an urgent petition filed yesterday by Adalah and LAW-The Palestinian Society for the Protection of Human Rights and the Environment against the Chief Commander of the Military in the West Bank, calling on the Israeli army to stop the massive destruction and demolition of Palestinian homes in the Jenin refugee camp. In its per curiam decision, delivered by Deputy Chief Justice Levin and Justices Englard and Gronis, the Supreme Court stated that given the existing conditions, referred to as 'effective fighting actions,' "hitting residential homes is inevitable when such homes become like bunkers used for shooting at the IDF forces. In such circumstances, the power of the court to intervene in such operational actions through judicial review is limited." The Supreme Court accepted the Chief Commander's claims that, "he is making every effort to avoid hurting innocents and that he is aware of the customary international law rules," and found that in such conditions, "giving the right for argument and the right to be heard is not practical." The Court ruled that, "everything should be done as required according to the conditions of the place and the operational necessities to minimize the possible harm to civilians." Citing to a Supreme Court decision issued yesterday regarding the army's restrictions on access to medical treatment for the wounded and obstructions placed on the burial of the killed in Jenin and Nablus, the Court held "that the military authorities ought to maintain the humanitarian law and avoid unnecessary damage to civilians. The presumption concerning the respondent - and it was not argued before us otherwise - is that he directed and will direct the fighting forces to do whatever is required to avoid the possibility of unnecessary harm to innocents." On behalf of Adalah and LAW, Adalah Staff Attorney Orna Kohn, presented evidence that the Israeli army was demolishing homes in the Jenin refugee camp by using bulldozers and tanks and firing missiles from airplanes. She argued that the Israeli army failed to give Palestinian residents of the camp any prior notice, the right to be heard, or any time to escape from their residences, prior to the demolitions. These actions resulted in the loss of life and injury to Palestinian civilians, some of whom were buried under the rubble of the destruction. When asked by Justice Levin during the hearing whether it was really the petitioners' position that a civilian population should be notified before an attack - even in circumstances like World War II and the bombing of Dresden - Ms. Kohn responded that even in the most extreme situations - meaning war - the army must not attack civilians and must give them an effective opportunity to leave their homes. What the Israeli army did and is continuing to do in the Jenin refugee camp, Ms. Kohn concluded, violates international humanitarian law. The representative of the Attorney General admitted before the Court that the army demolished homes in the Jenin refugee camp with people still inside: "The Palestinian residents were given from 1 hour to 1 ½ hours between the call [of the army to evacuate] and the movement of the bulldozers. During the IDF's operation at the center of the camp, there were homes that were evacuated after the call from the speaker, and there were homes from which the residents did not come out after the call. Rather, they came out after the bulldozer hit one of the walls of the home and before the home was demolished." However, the representative of the Attorney General claimed that the army's operations were conducted to "destroy the Palestinian terrorist infrastructure." According to the Attorney General's representative, when the army entered the refugee camp, "They discovered that the town and the camp were organized as a military compound, prepared to defend itself … and that some of the houses were booby-trapped … during the operation, the soldiers were met with sniper-fire and the burning of houses with gas canisters, and that many of the soldiers were injured … In order to decrease the risk for the fighters, it was necessary to use bulldozers." The reality of the destruction of homes and the massacre of Palestinians in the Jenin refugee camp is documented by local and international human rights organizations, receiving first-hand accounts from the residents. Some Israeli soldiers and even Foreign Minister Shimon Peres admit to the atrocities being committed by the army. By failing to intervene, the Israeli Supreme Court is supporting the army's gross violation of international humanitarian law. In addition, the Court's comparison in this decision to World War II and the bombing of Dresden, is a false analogy: In this case, Israel is the occupying power and the situation on the ground is not one of conflict between two armies. With this decision, the Court condones the Israeli army's blatant disregard for the rights to life and dignity.
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