Israel Matzav

An historic lowpoint for Israel's Supreme Court

In an historic lowpoint for Israel's outrageous Supreme Court, terrorist Mustapha Dirani has been allowed to sue the State of Israel for NIS 6 million (exchange rate is about NIS 3.45 to the dollar today). In case you don't recognize him, the picture is Ron Arad, and you'll see in a minute why his picture is here (Hat Tip: Michael P).

The decision was reached by judges Ayala Procaccia and Salim Joubran, against the dissenting opinion of Judge Hanan Meltzer.

Dirani is a Hizbullah terrorist who held downed IAF pilot Ron Arad captive for several years. He was abducted by the IDF as a bargaining chip for Arad – who has been announced dead – and returned to Lebanon in 2004 as part of a swap. The moment he set foot back on Lebanese soil, he announced that he was re-enlisting in Hizbullah to destroy Israel.

He also filed a lawsuit against Israel, for damages he claims he suffered during his imprisonment.

Procaccia rejected the State’s argument that the British law that prevents enemy aliens from suing the state in its own courts applies to the case. Israeli law, she explained, “grants special status to the right to approach the courts and to a person’s basic right to protection of his body and dignity.”

Judge Meltzer dissented, saying that once Dirani returned to Lebanon and went back to activity in a terror organization, his aforesaid right has ceased… abd therefore his motion should be rejected outright.” He added that Dirani is “a bitter enemy of Israel and acts personally, within the Hizbullah organization, to harm the state and sow destruction within it.”

That 2004 swap was in exchange for drug dealer Elhanan Tannenbaum and three kidnapped IDF soldiers (from the fall of 2000) who were known to be dead. That was one of the worst trades Israel ever made (it ranks up there with the 1985 Ahmed Jibril trade and the 2008 Samir al-Kuntar for two dead bodies trade).

But all hope is not lost. In Israel, the Knesset reigns supreme, and the Knesset can enact a law that circumvents the high court ruling. So far, I have heard no indications that the Knesset will do so (they may not have noticed the ruling - the only place I had seen it until Michael P sent me the link was among the Leftists on Twitter early Tuesday morning), and even if they do, an expanded court can always decide that the Knesset's law is unconstitutional.

Maybe the Arad family can countersue Dirani and dare the court to say that it has no jurisdiction over him.

What could go wrong?

Labels: Mustapha Dirani, Ron Arad, Supreme Court

posted by Carl in Jerusalem @ 8:33 PM