From the Liveblog of
Sunday, February 16, 2025
High Court rejects petition demanding full text of Gaza ceasefire deal be published
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The High Court of Justice rejects a petition demanding that the full agreement between Israel and the Hamas terror group for the ongoing ceasefire and hostage release agreement be published, ruling that Basic Law: The Government entitles the government to conduct secret diplomacy.
Although part of the agreement was published, an Appendix B that include maps and other details outlining the parameters of the deal was not made public by government.
The Israel Democracy Guard (IDG) organization filed a petition arguing that the citizens of Israel have the right to know the nature of the agreements that were signed between the government of Israel and the Hamas terror organization.
IDG asserted that this right should override concerns and claims of the government about security risks regarding publication of the deal, since Hamas itself is fully aware of the terms of the agreement it signed.
The state argued that publishing the details of the agreement would endanger its implementation, and therefore state security and the country’s foreign relations; that the right of the public to know was not absolute; and that Basic Law: The Government entitles it to keep such matters secret.
The court notes that the petition stemmed from “a deep concern for the wellbeing of the hostages being held by Hamas,” and concedes that transparency of government action and the right of the public to receive information about what its representatives do “are the foundation stones of democratic governance” which are founded within Israeli law.
However, it ultimately rules that these principles are relative and not absolute, and subject to conditions stipulated in law, including Basic Law: The Government, which expressly entitles the government to keep secret decisions relating to state security and foreign relations.
The court says, as it has repeatedly, that it defers to the government and the security services regarding claims about national security, and therefore rejects the petition.
