Supreme Court Upholds Expulsion Orders Against West Bank Mayors

The Supreme Court today upheld the expulsion orders against Mayors Fahd Kawasme of Hebron and Mohammed Milhim of Halhoul. But the three justice panel split 2-1 in rejecting their appeal and called on Premier Menachem Begin, as Defense Minister, to reconsider the deportation of the two West Bank mayors.

The court’s decision triggered a nationwide debate with leftists urging Begin to rescind the deportation orders and right wingers demanding that he implement them without delay. The high court made clear that its decision was not on the merits of the deportation orders but their legality.

In that context, Justices Mashe Landau and Yitzhak Kahan rejected the contention by the appellants that their deportation was contrary to international law. They also rejected the allegation that the Military Government’s special review board acted out of self-interest when it ruled against the mayors on an earlier appeal.

Justice Haim Cohn, in a minority decision, stated that deportation should be abolished because it conflicted with international law which bans the expulsion of a citizen from his country.

LAWYER CLAIMS VICTORY

Felicia Longer, attorney for Kawasme and Milhim, claimed a victory despite the loss of the appeal. She said it rested mainly on Cohn’s minority ruling. “It is the first time that a deputy president of the court decided that expulsion is illegal according to the law of nations,” she said. She also maintained that court’s call to Begin to reconsider was “a very clear recommendation not to expel them” and would influence “the political level.” She sent a telegram to Begin to void the deportations.

Victor Shemtov, Secretary General of Mapom, said the decision offered an opportunity to “turn a new page.” He noted that the mayors have promised to abide by the law and respect the regulations of the Military Government. Their intentions “should be tested” he said.

But Haim Druckmann of the National Religious Party, urged Begin to carry out the deportations immediately. “The only valid consideration is the security of Israel and there is no room for mercy,” the Orthodox MK declared. Begin, for his part, was reportedly consulting with Attorney General Yitzhak Zamir and was expected to make a decision shortly.

The two West Bank mayors were summarily expelled from Israel-held territory last May, only hours after Palestinian terrorists gunned down six yeshiva students in Hebron. They were not accused of direct complicity in the crime but were held responsible for creating the climate for such acts by their repeated nationalistic and anti-Israel pronouncements.