The High Court of Justice rejected a petition filed by hostage families demanding the restoration of electricity to the Gaza Strip on Thursday.
During the hearings, as first reported by Maariv, dozens of family members of those kidnapped and killed on October 7 requested that the court allow them to join the petition. They were represented by an attorney and were supported by reserve soldiers, all seeking to express their opposition to resuming the electricity supply to Gaza.
Judge Yechiel Kasher, in his ruling, wrote, “Since the petition was filed, the factual situation on the ground has changed substantially. At the time the petition was filed, a ceasefire, agreed upon by the Israeli government as part of the deal to release the hostages, was in effect. However, since then, the ceasefire has ended, and active fighting is now ongoing between the IDF and Hamas, as well as other terrorist organizations in the Gaza Strip.”
He continued, “The question of whether Israel should provide electricity to the Gaza Strip, especially when it can assist terrorist organizations in their war against Israel, is a complex issue that involves significant political and security considerations. This question becomes even more complicated with 59 of our sons and daughters being held in Gaza during the war.
“The decision to stop electricity could impact the fate of those still alive. It is not surprising that different opinions have emerged in this case: the petitioners believe that this decision could be devastating for their kidnapped loved ones, while others involved in the proceedings think it may help bring about their release.”
The court ‘does not have the tools’
Furthermore, Judge Kasher ruled, “Weighing the political and security considerations needed to make a decision on this matter falls squarely within the discretion of the executive branch. This court does not have the tools to balance the many factors involved in making such a decision, and in any case, it is not our place to do so.”
Judge Alex Stein agreed with the outcome, stating that the electricity supply to Gaza should not be resumed. However, he clarified that he disagreed with Judge Kasher’s reasoning, noting, “From a legal perspective, it is clear that Israel is not obligated to provide electricity to the Gaza Strip, whether for a fee or for free. There are two main reasons: (1) Israel does not have legal sovereignty over Gaza; and (2) our enemies, who claim sovereignty over the Strip, have waged a brutal war against us, partly fueled by the electricity. They have also refused to recognize Israel’s right to exist as a state. The decision to supply electricity to Gaza is entirely at the discretion of the government, and in my opinion, the way this discretion is exercised is fundamentally unjust.”
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