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Wednesday, June 18, 2008

Shalit's family threatens to sue over 'truce'

In a country where everything is justiciable, I suppose this was almost inevitable. The family of kidnapped IDF corporal Gilad Shalit - whose release is not included in the 'truce' that is to begin Thursday morning contrary to government assertions for the last week - has given the government 48 hours to obtain Gilad's release or they will sue to prevent the government from entering into the 'truce.' I don't believe that the government ought to have entered into this 'truce' either, but this is beyond the pale.
"The cabinet decision strictly stated that any [truce] agreement with Hamas would include the release of Gilad," Noam Schalit, father of kidnapped IDF Cpl. Gilad Schalit, said before the ceasefire which is expected to take hold at 6:00 a.m. on Thursday morning.

Schalit threatened to appeal to the High Court of Justice to prevent Israel entering the cease-fire.

"Even now we have still received no official information," Schalit said during an interview on Channel 2. "We fear that the opening of the crossings will cause Israel to lose its final leverage regarding the issue of the release of my son."

"The prime minister promised that Gilad's issue would be part of the truce agreement," Schalit added.

The lawyers working with the Schalit family gave the government an ultimatum of 48 hours to respond, and said that they would petition the court then.

"The agreement, as it is revealed by the media, puts Gilad's life in greater danger and reduces the chances of his being released, statistically. It also contradicts a whole series of commitments expressly made to our clients by the heads of the state. [The truce agreement] is not only flawed and morally outrageous, it is also illegal."
Sorry, but no. Cabinet decisions are political acts and do not have the force of law. The truce agreement is flawed and morally outrageous, but illegal? Not every injustice has to have a legal remedy. As the sign says on my good friends' bulletin board in New Jersey, "The following three words may not be said in this house: 'It's not fair.'"

What will the next lawsuit say?

1 Comments:

At 12:06 AM, Blogger NormanF said...

Life's not fair. Ehud Olmert hasn't made any promises to any one but himself. The bottom line is Israel is a corrupt country and few people in Israel think that even if the government falls this month, that things are going to get better any time soon. Shalit's family, of all people, should have known the last thing Israel's leaders care about is the well-being of the country.

 

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