Last update - 11:26 10/06/2005
By a majority of 10 justices to one, the High Court ruled yesterday that the pullout decision is constitutional, as is the compensation.
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According to the ruling, the areas of the West Bank and Gaza Strip are under "belligerent occupation" and do not come under Israeli law; the Evacuation Compensation Law violates the settlers' human rights; the violation is in keeping with conditions allowed by the Basic Law, i.e., it corresponds with the values of the State of Israel; the government's decision, the evacuation orders and the composition of the Disengagement Administration's eligibility committees are legal; and the six months alloted for the evacuation constitute a reasonable and appropriate time period.
The ruling rejected the state's argument that the Evacuation Compensation Law and the government's decision are not reviewable because the issue at hand is a political one. The justices said that if the plan involved merely a withdrawal from areas under belligerent occupation, it would not raise any constitutional problem and the petitions would have been rejected immediately. But the plan does not involve only the relinquishing of control over the territory, but also the evacuation of Israeli citizens from this territory, the justices noted.
"This aspect of the disengagement involves the violation of the human rights of the Israeli evacuees," the justices explained. "Therefore, we reject the state's argument with regard to non-justiciability."
The justices also rejected the settlers' claim that the areas slated for evacuation are not under belligerent occupation, but are part of the state, ruling, "Judea, Samaria and the Gaza Strip are not part of the State of Israel," and therefore do not fall under Israeli law, jurisdiction or administration.
More at;
Haaretz