Relatives of militant suspects can be expelled

JERUSALEM -- In a potentially far-reaching case that pitted human rights against a nation's need for self-defense, Israel's highest court ruled Tuesday that the army can expel the relatives of alleged Palestinian militants.

The army, backed by Prime Minister Ariel Sharon, maintained that banishing the families will deter potential suicide bombers from attacking Israelis. Human rights experts countered that targeting relatives is a form of collective punishment forbidden by international law.

Deportation is one of a number of draconian measures Israeli authorities are resorting to in their fight to crush a 23-month-old Palestinian uprising and a wave of bombings and armed ambushes.

Tuesday's case involves three Palestinians whom the military wants to expel from their hometowns in the West Bank to the Gaza Strip because of support they allegedly gave siblings who organized or carried out terror attacks. The Gaza Strip is easier to control because, unlike the West Bank, it is fenced in; the army says no suicide bomber has ever emerged from Gaza and reached Israel.

Involvement established

In its ruling, the court indicated that the relative's involvement had to be clearly established. It said a brother and sister accused of aiding another brother, an alleged terrorist, can be expelled. But a third defendant, whose complicity the court said was not clearly established, cannot be deported, the court ruled.

The ruling means that the army does not have blanket power to transfer relatives of suspects from the West Bank to Gaza but must provide evidence case by case.

Government officials said they were pleased that the decision went as far as it did, but lamented that the court did not give the army a freer hand. Attorneys for the Palestinians said they were glad that actual acts would serve as the basis for relocating relatives. Still, they said they would continue to fight deportation of relatives.

A special nine-judge panel -- enhanced from the usual three members -- heard the case. Chief Justice Aharon Barak returned early from a vacation to preside, reflecting the importance attached to the matter.

In a hearing last week, Barak and other judges questioned the government's attorney, Shai Nitzan, on whether expelling the three individuals would prevent specific attacks. They also wanted to know about any concrete complicity on the Palestinians' part with their relatives' militancy.