By Gideon Levy
 

The Supreme Court has again ventured down a slippery slope in the area of human rights protection in Israel. Through the court's repeated backing, administrative detention has already become a routine phenomenon, and as a result hundreds of Palestinians are being held in prolonged captivity without trial, under pretext that they pose a threat to local security. Now the Supreme Court has put its stamp of approval on a new disgrace. In a ruling handed down four months ago and partially made public last week, it has authorized the continued detention of 10 Lebanese citizens who have been imprisoned for many years, simply because they can be "bargaining chips" in an effort to locate and release IDF soldiers who are captive or missing in action.
One disgrace leads to another. With the sanction of Israel's highest legal body, the ground has now been cleared for the unlimited detention of foreign nationals even when - unlike the case of Palestinian detainees - the state acknowledges that they do not represent a security threat.

Under the dubious guise of seeking to free Israeli captives who may not even be alive, and whose fate may not be affected in any way by the detention of these human bargaining chips, Israel has imprisoned 10 people who are likely to rot in jail for many years to come.

Most of Israel's efforts aim at freeing Ron Arad, the navigator who was captured over 11 years ago, and last heard from, as far as is known, nine years ago. There has been no known attempt to negotiate his release in years. Undoubtedly, Israel should leave no stone unturned in its efforts to locate him and obtain his release.
But must it also turn the world of harmless and helpless people upside down? And can it rightfully turn its own world around as a state of law and justice? Justice Dalia Dorner, who served for 20 years as a legal counselor in the IDF, wrote in her minority opinion: "There is no clear certainty and no other substantial probability that the continued detention of the appellants will lead to the release of our captives and missing in action." But Supreme Court President Aharon Barak and Justice Yaakov Kedmi had a different interpretation. Barak wrote: "Freeing the appellants will significantly damage the country's security by severely damaging its ability to negotiate the release of prisoners and missing in action." By failing to explain what negotiation and what "severe" damage he is referring to, Justice Barak has once again proved that when the Supreme Court deals with security matters, he will condone almost automatically any human rights violation, regardless of the moral cost.

This time there are serious doubts, not only about the legal issue of whether the Draconian apparatus of administrative detention may be used to impinge on the freedom of those who do not represent a security threat, but also about the practical question of whether such detentions are an efficient means to achieve national goals.

In the absence of data more substantial than that contained in the 19 pages of the ruling which were allowed to be made public, it is easy to conclude that the bargaining chips in question are in fact of little value.
Those Lebanese have been incarcerated in Israel for many years and there is no sign that their detention has brought about the slightest progress toward Arad's release. The fact that the ruling keeps secret the identity of the Lebanese also raises a question: from whom is their identity being concealed? From those against whom they must be exchanged as bargaining cards?

In any case, a dark shadow hangs over the murky issue of the kidnapping and detention of Lebanese citizens in Israel. When MK Dedi Zucker (Meretz) questioned the defense minister about it a few months ago, the minister only acknowledged the imprisonment by Israel of Lebanese citizens. The 10 Lebanese whose detention has just been made public have been in jail for many years (we have not been told how many), but they are not alone.

According to Amnesty International, no less than 21 Lebanese nationals are being held without trial in Israeli prisons. This alarming information itself is incomplete. About a month ago, the identity of three more Lebanese was disclosed - a Maronite couple from Beirut and another citizen, who were kidnapped and put in administrative detention in November. Since then, their family, including two young children, knew nothing about the fate of their loved ones. When it comes to Arabs, Israel is an avid jailer.

For example, seven Iraqi refugees have been imprisoned for over three years. Their only sin is to have sought refuge here from their country's despotic regime. The state argues that they are still under investigation. Meanwhile those unfortunate Iraqis are left to rot in jail.

The prolonged occupation of the territories has already corrupted Israel's moral character beyond recognition. The occupation of South Lebanon has corrupted it even more. Perhaps it is difficult to point the finger at security agents who are responsible for those illegal, inhuman and apparently inefficient methods. But the fact that the Supreme Court, under the leadership of President Barak, should give them backing, is deeply disturbing.