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Supreme Court rules Israel must admit Hamas relatives for critical medical care

Israel’s Supreme Court on Sunday ordered the Israel Defense Forces to admit five critically ill women who are close relatives of Hamas terrorists for urgent medical treatment, despite a government ban on providing health care to Hamas relatives.

Israeli Supreme Court justices and Supreme Court president Esther Hayut arrive in the courtroom in Jerusalem. Photo by Yonatan Sindel/Flash90.
Israeli Supreme Court justices and Supreme Court president Esther Hayut arrive in the courtroom in Jerusalem. Photo by Yonatan Sindel/Flash90.

Israel’s Supreme Court ordered the Israel Defense Forces on Sunday to admit five critically ill women who are close relatives of Hamas terrorists for urgent medical treatment, despite a government ban on providing health care to Hamas relatives.

The women appealed to the Supreme Court last month after Israel rejected their requests for entry.

Israel enacted a policy of denying entry for medical treatment to relatives of Hamas members in order to pressure the group to stop engaging in acts of terror and to release the bodies of two Israeli soldiers who were taken during the 2014 Gaza War, as well as two Israeli citizens who are being held captive.

The women were represented by Gisha (an organization that works for Palestinian freedom of movement), Adalah (a Palestinian legal-rights organization), El Mezan (a Gaza-based Palestinian-rights organization) and Physicians for Human Rights Israel (a medical-rights organization that asserts its rejection of the “ongoing occupation of the Palestinian Territory”).

Their petition of July 29 was accepted by Supreme Court Justices Uzi Fogelman, Isaac Amit and Ofer Grosskopf.

“Basing the decision on a relative’s prohibited activity, with no suggestion that the patient herself is involved in or even aware of the activity, is contrary to the basic principles to which we are committed,” said Justice Fogelman, the lead judge in the case.

“In this political environment, he may be as reliable a supporter as possible that the Democratic caucus would sign off on for the position,” political science scholar Dan Schnur told JNS.
“Anyone who attempts to pose a threat or attack Israel will face devastating consequences,” said Danny Danon, Israeli ambassador to the global body.
“I think they’re much more susceptible to being targeted if a public official wants to target them, if a community wants to target them,” Rep. Josh Gottheimer told JNS.
“For the love of God, if Israel is not capable of creating an investigation committee, then I think it is suitable and appropriate that the good people of the United States, the people in Congress, do provide us the answers that we’re looking for,” Ruby Chen said.