About two weeks after the massacre in the south and the outbreak of the Iron Sword War, an urgent petition landed on the desk of the High Court of Justice on behalf of Physicians for Human Rights. The organization was concerned about the possibility that the IDF would bomb al-Quds Hospital in Gaza, which, like other hospitals in Gaza, also serves as a Hamas command headquarters and weapons stockpile. As such, it constitutes a legitimate target not only in accordance with the survival interest of the State of Israel, but also according to international law, which is often waved at us every time we stand up for our lives.
The compassionate doctors intended to warn about "the lack of evacuation in the hospital, which treats ventilators, premature babies and hundreds of sick and wounded," and who if not the High Court of Justice is authorized to discuss the IDF's plans for an attack on one military target or another, out of concern for the welfare of the enemy.
Three judges heard the petition: Dafna Barak-Erez, Ruth Ronen and Khaled Kabub. Of course, it did not occur to them to reject it outright, but after a short discussion they did so for two reasons: One - "the petition lacked from the beginning a minimal factual basis, and it cannot be a substitute for conduct according to the basic rules of hearing. This is not for purely formal reasons, but because without such an appeal there is no factual basis that allows examination and discussion, and the case before us will prove."
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The second reason is a letter from the head of the International Law Department of the MAG Corps submitted to the court, stating that an urgent examination revealed that "at this time, there is no intention to attack Al Quds Hospital in Gaza City." The judges did not see fit to award costs. Perhaps they didn't want to burden the organization's budget, which in 2022 stood at about NIS 15 million. Perhaps they were impressed by the good intentions of the organization, which takes the trouble to appeal to the court of the country targeted by the missiles from al-Quds and its citizens.
Of course, this is not the first time that the High Court of Justice has intervened and imposed methods of warfare on the IDF according to its moral values, and especially according to the standards presented to it by a variety of organizations from the pro-Palestinian end of the spectrum.
Physicians for Human Rights is just one example of a lie called "civil society organizations." In other words, it certainly represents some kind of civil society, but not Israel's. 67.4% of Physicians for Human Rights' budget comes from abroad, some of the money from foreign political entities: the United Nations, the European Union, Britain, Germany, of course, and Switzerland. All of them have the right to stand before the High Court of Justice, even though they do not represent Israeli interests and do not enjoy the support of Israeli citizens. Nonetheless, they enjoy access to a court whose views do not represent the public, which considers itself entitled to discuss any matter it sees fit to discuss, and which sometimes even rules contrary to the security considerations of the state.
The fact that the IDF is responding to this futile petition at all is an anomaly that is difficult to grasp the logic behind it. Is the IDF supposed to share its battle plans with three judges and an anti-Israel NGO? According to the Supreme Court and the IDF, absolutely yes. With our own hands, we allowed a foreign agent to file a petition, which even the court itself determines lacks a factual basis and does not follow the procedure, and ultimately exempts him from the expenses of the hearing and imposes them on us.
Is the IDF supposed to share its battle plans with three judges and an anti-Israel NGO? According to the Supreme Court and the military, absolutely yes
In the Israeli system, anything is possible, and has been happening for many years. NGOs funded by foreign nationals and foreign countries have filed petitions regarding Israel's immigration policy, the conditions of detention of security prisoners, the demolition of terrorists' homes, the expulsion of terrorists, the provision of medical treatment to enemies from Gaza, open-fire procedures, permission for Palestinians to enter the alternative Memorial Day ceremony – on whose behalf were these petitions filed, and why were they heard in Israeli courts at all?
Physicians for Human Rights is not the only organization that has succeeded in gaining a foothold at the helm of the state, peace and war, under the auspices of the High Court of Justice and the tacit consent of successive Israeli governments, right and left. Both sides of the political divide have allowed foreign countries and foreign millionaires to interfere with Israel's affairs and undermine its sovereignty.
And not only in court: the American Wexner Foundation educated the top bureaucrats and security officials, from attorneys general to generals. The foundation operated at Harvard University, where the war exposed it in all its anti-Semitic disgrace. The Abraham Initiatives educate the police (79.3% foreign money, partly from Germany, Switzerland and the European Union), and the German Heinrich Böll Foundation was adopted by the UN to instill feminism in the IDF.
The Israel Democracy Institute also entered the army (80% of its budget comes from abroad), and among other things, dealt with "the impact of the ongoing conflict on the positions of the Israeli public and the implications for the IDF's sphere of public legitimacy," with the participation of Prof. Tamar Hermann, a former member of B'Tselem's public council (95% of the budget comes from foreign money, including Germany, Norway, and the UN).
And what doesn't go through lobbying, seminars and conferences reaches the High Court of Justice, whose door is always open. He discussed petitions by Yesh Din, Breaking the Silence, Ir Amim, Adalah, HaMoked: Center for the Defence of the Individual – all anti-Israeli organizations that feed on foreign money and hostile interests at an average rate of 90%. Most of these NGOs also receive funding from the New Israel Fund, which is an American foundation, and instead of being kicked out, they are received with dignity, as if they were part of the fabric of Israeli society, and therefore entitled to the status of moral and operational gatekeepers.
Two weeks ago, the Swiss government announced the suspension of funding of 11 Israeli and Palestinian "human rights organizations" in order to "conduct an in-depth analysis of the compliance of the organizations in question with the Swiss Foreign Ministry's code of conduct." Even the Swiss seem to have begun to feel uncomfortable with the "rights" and "people" these organizations advocate. Physicians for Human Rights is also on the list.
But the spirit of Physicians for Human Rights has not fallen. This week, the organization's representative appeared before the Knesset committee, complained about the worsening conditions for security prisoners, whom she called "people in custody, vulnerable people," and even mentioned international law, which in the procedure applies only to Israel, and never to its enemies. Until they are denied their right to stand, we will wait for the next petition on their behalf, and for the High Court of Justice ruling.
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