The Israeli Supreme Court Shields Hamas Members from Punishment

Sept. 20 2017

The Israeli supreme court recently ruled on a case involving four Palestinian residents of eastern Jerusalem who in 2006 took positions in the Palestinian government on behalf of the Change and Reform party: an organ of Hamas. As they are not Israeli citizens—east Jerusalemites have a special status—the government responded by revoking their residency rights. The four appealed the decision to the courts and now, after nearly a decade, the highest court has ruled in their favor. Evelyn Gordon finds the conclusion to be “mind-boggling.”

Although the Entry into Israel Law allows the government to revoke anyone’s residency rights “at its discretion,” [the court] stipulated that the law shouldn’t be used to revoke residency for “breach of trust,” [which is what the authorities cited as grounds for the expulsion]. Why? Because most east Jerusalem Palestinians were born in Israel and had lived there all their lives, so they deserve greater protection than migrants, who have previously lived elsewhere and whose roots in Israel are therefore shallower.

That east Jerusalem Palestinians merit greater protection than, say, labor migrants, is obviously true. . . . But in this particular case, the court’s otherwise valid distinction is completely irrelevant. After all, the case wasn’t about ordinary east Jerusalem residents, who, in the absence of evidence to the contrary, could reasonably be assumed by the court to view Israel as their primary home. It was specifically about people who chose to serve in a foreign government on behalf of a terrorist organization, and who thereby declared that their allegiance to this foreign entity superseded their allegiance to Israel. . . .

Even the majority justices appeared to realize how irrelevant their argument actually was. In a truly stunning statement, Justice Uzi Vogelman, who wrote the main opinion, said, “Our interpretative decision didn’t focus on the petitioners’ case specifically, but on an interpretive question of general applicability to residents of east Jerusalem.” Quite how any court can decide a case without focusing on that case “specifically” is beyond me.

Ostensibly, the case at least has limited application. After all, how many east Jerusalem Palestinians are going to become Hamas legislators or cabinet members? But in reality, the implications are broad, because if even swearing allegiance to a foreign government on behalf of a terrorist organization committed to Israel’s destruction isn’t enough to make a Palestinian lose his Israeli residency and its attendant benefits, what on earth would be?

Read more at Evelyn Gordon

More about: East Jerusalem, Hamas, Israel & Zionism, Israeli Supreme Court

Inside Israel’s Unprecedented Battle to Drive Hamas Out of Its Tunnels

When the IDF finally caught up with the late Hamas leader Yahya Sinwar, he wasn’t deep inside a subterranean lair, as many had expected, but moving around the streets the Rafah. Israeli forces had driven him out of whatever tunnel he had been hiding in and he could only get to another tunnel via the surface. Likewise, Israel hasn’t returned to fight in northern Gaza because its previous operations failed, but because of its success in forcing Hamas out of the tunnels and onto the surface, where the IDF can attack it more easily. Thus maps of the progress of the fighting show only half the story, not accounting for the simultaneous battle belowground.

At the beginning of the war, various options were floated in the press and by military and political leaders about how to deal with the problem posed by the tunnels: destroying them from the air, cutting off electricity and supplies so that they became uninhabitable, flooding them, and even creating offensive tunnels from which to burrow into them. These tactics proved impracticable or insufficient, but the IDF eventually developed methods that worked.

John Spencer, America’s leading expert on urban warfare, explains how. First, he notes the unprecedented size and complexity of the underground network, which served both a strategic and tactical purpose:

The Hamas underground network, often called the “Gaza metro,” includes between 350 and 450 miles of tunnels and bunkers at depths ranging from just beneath apartment complexes, mosques, schools, hospitals, and other civilian structures to over 200 feet underground. . . . The tunnels gave Hamas the ability to control the initiative of most battles in Gaza.

One elite unit, commanded by Brigadier-General Dan Goldfus, led the way in devising countermeasures:

General Goldfus developed a plan to enter Hamas’s tunnels without Hamas knowing his soldiers were there. . . . General Goldfus’s division headquarters refined the ability to control forces moving underground with the tempo of the surface forces. Incrementally, the division refined its tactics to the point its soldiers were conducting raids with separate brigades attacking on the surface while more than one subterranean force maneuvered on the same enemy underground. . . . They had turned tunnels from obstacles controlled by the defending enemy into maneuver corridors for the attacker.

This operational approach, Spencer explains, is “unlike that of any other military in modern history.” Later, Goldfus’s division was moved north to take on the hundreds of miles of tunnels built by Hizballah. The U.S. will have much to learn from these exploits, as China, Iran, and North Korea have all developed underground defenses of their own.

Read more at Modern War Institute

More about: Gaza War 2023, IDF, Israeli Security