Israeli Supreme Court acquits 2 Palestinians from Gaza on charges of aiding Hamas

The Israeli Supreme Court has acquitted two Palestinians from Gaza who were accused of providing aid to Hamas by selling its members their goods. The judges ruled that there is no crime in selling civilian goods to a terrorist organization.
Illustration Photo Credit: Reuters/Channel 2 News

On Tuesday, the Israeli Supreme Court acquitted two merchants from Gaza who were accused in 2015 of being in contact with a foreign agent and aiding Hamas. The judges explained that the Palestinians were selling civilian goods and that no crime was committed because terrorist group members were the ones who contacted the merchants.  

“The battle against terrorism is supposed to be unequivocal and firm,” Supreme Court Justice Daphne Barak Erez explained. “The legal system was also designed in this manner, and rightfully so. However, the proper way to deal with every situation in accordance with its circumstances needs to be examined.”

“The state has the means to revoke entry permits to Israel, prohibit the entry of various goods into the Gaza Strip and even to confiscate them in certain cases,” she continued. “Our ruling dealt with a question with very limited areas: whether it is appropriate to use the criminal measures in the cases of selling civilian products, which are not exclusive to military operations, when the buyers are people associated with Hamas.”

“I believe that this question needs to be answered in the negative,” Barak Erez continued. However, she stressed that “this does not belittle the widespread offense of providing a service to a terrorist organization when the activity has different characteristics than those discussed.”

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