Search for bodies in Jenin: Decision of the Supreme Court Sitting as a High Court of Justice
April 14, 2002
H.C. 3117/02
CENTER FOR THE DEFENCE OF THE INDIVIDUAL, FOUNDED BY DR. LOTAH ZALTZBERGER (REGISTERED SOCIETY)
v.
THE MINISTER OF DEFENCE
In the Supreme Court sitting as the High Court of Justice
Barak P., Or J., and Beinisch J.
JUDGMENT
The Petitioners wish to know why the Respondent does not send the special rescue unit of the IDF Homefront Command to search for and locate all persons buried alive under the ruins in the Jenin refugee camp, and rescue them. The petition was served to the court on Sabbath eve. The Justice on-call decided that the petition would be heard today (April 14, 2002), in the morning. At the beginning of the hearing, before the Respondent's counsel, Mr. Blass, had the opportunity to prepare a written response, he announced to us that the rescue unit of the Homefront Command had already entered the Jenin refugee camp, together with additional army forces, to the extent that security restrictions allowed. The unit will attempt to locate people.
That having been said, it appears to us that the petition has achieved what it set out to achieve. Law and morality both justify the entry of the rescue unit. The responsibility lays, of course, on the shoulders of the Military Commander on site. He will receive all information on possible locations of people, according to his judgment: information relayed by soldiers; information relayed by locals; information stemming from the experience of the unit itself; all subject to the judgment of the Military Commander and to security needs in the field.
In light of the declaration of the State's counsel, the petition is hereby rejected.
Judgment given on April 14, 2002