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Home / World / The heartfelt decision of the Cabinet on Cancer Patients in the Gaza Strip has saved the Supreme Court – Opinion

The heartfelt decision of the Cabinet on Cancer Patients in the Gaza Strip has saved the Supreme Court – Opinion



The Supreme Court rescued itself, the Security Cabinet, and all of us – since the Security Cabinet acts on our behalf and for us – of responsibility for the deaths of five Gaza women with cancer who were prevented life-saving medical treatment.

All of these women had asked to go through Israel to receive urgent and critical life-saving treatment in East Jerusalem (at the expense of the Palestinian Authority), mainly complex neurosurgical treatments.

According to the Security Cabinet's decision, their demands were rejected on an individual basis rather than on an individual basis ̵

1; just because they had a close relative who is a Hamas activist. The purpose of the refusal was to put pressure on Hamas to release the missing Israelis held in Gaza along with the bodies of fallen Israel Defense Forces Hadar Goldin and Oron Shaul held by Hamas.

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It has not been claimed that one of the women involved poses a threat to Israel's national security or citizens. The Supreme Court rightly decided that the goal of bringing the soldiers and captured civilians home is worthy and important but does not justify all means. The tool the Security Bureau wanted to use is unacceptable because it puts the lives of sick women in concrete danger, as Uzi Vogelman, Supreme Court Justice, has noted. Or, as Supreme Court Justice Isaac Amit said, "The meaning of [security cabinet decision] is to kill a woman in simple terms, because of the crimes of her brother or husband, contrary to the Jewish principle:" But every one should perpetrate for his own injustice to die.

The only legally and morally justifiable decision was to make the decision of the Security Council unacceptable and to allow women to travel to medical treatment. A black flag with clear, monstrous illegality flies over the Security Council's decision, which only a blind eye and a heartless soul could refuse to see. Far more seriously, the decision was not made by a high-ranking military commander, but by the highest political leadership in the country, expressing a lack of respect for the lives of the people of Gaza.

>> Read more: What it's like to be a cancer patient in Gaza opinion

The obvious question is about the IDF, which claims to be the world's most moral army. The army, if it has the right commanders – and luckily it has such leadership – can be more moral than the politicians. But is the military, under the command of the political level, able to distance itself enough from the morality of the politicians – or from their absence? This morality, as manifested in this case, is the moral of the Heartless. It is very strange and particularly worrisome that the Attorney General and his associates could not notice the black color of the flag and somehow thought it was white or at least gray.

It is encouraging to see that the Supreme Court is an institution that learns that it has organizational memory. It has not ignored the fact that intelligence assessments show that this type of pressure is very limited in effectiveness.

This was the case in the effort to find the late Ron Arad. Lebanese prisoners were held in administrative detention in Israel after completing their sentences for base activity in a Lebanese terrorist organization – they were to serve as negotiating cards to obtain information about the fate of the missing IDF navigator.

Intelligence officials have repeatedly estimated for almost 10 years that keeping these men would bear fruit, an assessment that turned out to be nothing more than an unfounded desire. So Amit writes in this case also about a similar assessment: "Happy are the faithful." The Supreme Court ruled the principle of personal responsibility as a fundamental moral principle, and its decision strengthens this important principle that every enlightened nation must respect. There is no choice but to mention that Israel does not always adhere to this principle – for example when it comes to the demolition of terrorist houses, which sometimes even happens when the terrorist himself is killed.
Nonetheless, we have to admit that the political leadership has achieved what it wanted, maybe not everything, but a respectable part of it. The women could not receive their urgent life-saving treatments for months. This worsened their conditions and possibly even their fate. Just to teach us that brutality pays off.

Attorney General Ayelet Shaked could also learn from this affair. Even the most conservative judge is not conservative enough to meet Shaked's expectations. Only if she succeeds in appointing brainless and heartless judges will she be able to achieve what she really wants.


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