Q&A: Neighbor Procedure
Neighbor Procedure
Question
Regarding the “neighbor procedure,” which the IDF used against terrorists, the High Court of Justice ruled that this action is forbidden. My question is whether it is right for the High Court of Justice to intervene in the IDF’s military activity. Seemingly yes, because this is a moral question? Another question: if there is a reform, will the High Court of Justice then be barred from dealing with matters of this kind, or is the assumption that the High Court will rule differently?
Answer
The fact that this is a moral question does not mean that the High Court of Justice can intervene. It is not responsible for morality. The question is whether actions like these are consistent with international law, and then oversight by the High Court of Justice protects us from sanctions and actions by the international community.
I have no idea what will happen following the reform. The question is what will pass and in what form.