Special report: Israel launches Gaza assault
JERUSALEM, Dec. 14 (Xinhua) -- Israeli High Court of Justice rejected Thursday the petition against the Israel Defense Forces' targeted killings against Palestinian militants, local media reported.
The court refused to rule against targeted strikes by saying that their legality should be determined on a case-by-case basis, army radio reported.
The radio quoted the ruling as saying that "we cannot determine in advance that all targeted killings are contrary to international law. At the same time, it is not possible that all such liquidations are in line with international law." "The legality of all targeted killings must be examined on a case by case basis," it stressed, leaving it up to the military to determine such legality.
Local daily Ha'aretz reported that opposing unequivocally forbidding the use of targeted killing, the court ruled to place restrictions on its use, stating the legality of such actions should be determined on a case-by-case basis.
"It must not be predetermined that every targeted killing is forbidden by international law, just as it must not be predetermined that every targeted killing is permissible," Ha'aretz quoted the ruling as saying.
According to Ha'aretz, the decision, issued unanimously by a three-justice panel headed by former Supreme Court President Aharon Barak, is expected to serve as a legal precedent in international law and war crime law.
One of the panel members, Supreme Court President Dorit Beinish stressed in the verdict on the legality of Israel's targeted killing policy that "it cannot be said in an all-embracing way that using targeted killing is forbidden."
The petition against the targeted killings was filed in January 2002 by the Public Committee Against Torture in Israel and the Jerusalem-based LAW (The Palestinian Society for the Protection of Human Rights and the Environment).
In February 2005, deliberations on the petition were put on hold following the joint declaration by then Prime Minister Ariel Sharon and Palestinian National Authority (PNA) Chairman Mahmoud Abbas of a cease-fire and an end to the assassinations. However, deliberations resumed in November 2005 following a resumption of targeted killings by the IDF.