High Court: Settler violence violates Jewish tradition and the values of the biblical prophets

The High Court of Justice lambastes the IDF, police and Defense Minister Israel Katz for failing to tackle extremist settler violence against Palestinian civilians in the West Bank, saying such attacks “contravene the fundamental moral values and principles of the State of Israel as a Jewish and democratic state” and violate the principles central to Jewish heritage and the prophets of the Bible.

The court makes the unusually harsh moral statement over a case in which the residents of three buildings in the West Bank Palestinian village of Jalud have petitioned the court to enable them to return safely to their homes.

In July, the residents were violently expelled by extremist settlers who set up an illegal outpost close to the village and besieged the petitioners’ homes.

“First and foremost, this is a completely unacceptable phenomenon that stands in contrast to the basic values and moral principles of the State of Israel as a Jewish and democratic state, and in contrast to the principles of liberty, fairness, and justice of Jewish heritage and the [biblical] prophets of Israel,” the court says in a decision signed by Supreme Court President Isaac Amit, and Justices Alex Stein and Yechiel Kasher.

The justices add that extremist settler violence and the failure to tackle it also harm Israel’s image internationally as a state that respects the rule of law.

The court takes the IDF and police to task for failing to act effectively to enable the residents to return to their homes in Jalud in safety, and demands answers to specific and granular questions regarding the case. Those questions include how security forces have worked to prosecute the perpetrators and how they are working to prevent future attacks on Jalud.

The court further orders the IDF and police to enable the residents to return to their homes in safety within 14 days, to provide them with protection when they return, and to enable them to bring in the necessary equipment and materials for fixing the homes and utilities damaged in the attack.

The court also issues a conditional order over the case, putting the burden of proof on the IDF and police to actively demonstrate how they are implementing the court’s orders.