Check Against Delivery



Statement by Mr. Walid Abu-Haya
Permanent Mission of Israel
To the United Nations, Geneva

On the Report of the High Commissioner for Human Rights
Protection of Human Rights and Fundamental Freedoms while Countering-Terrorism

Twelfth General Session
Human Rights Council
18 September 2009

Mr. President,
The Delegation of Israel has read with great interest the Report of the High Commissioner on the protection of human rights and fundamental freedoms while countering terrorism and would like to thank the High Commissioner for her efforts. Israel appreciates the interest in balancing the needs for States to combat the dangers of terrorism's impact upon the human rights of innocent civilians, and the challenge for counter-terrorism measures to preserve the rights of individuals, of minorities, of women and children and other groups who are most vulnerable.
Reaching this balance raises challenges for all aspects of government – not only the executive branch, but also the legislative and judicial branches must be sensitive to these matters. In Israel's view, the role of the judiciary is of particular importance. Israel is proud of the openness of its Supreme Court to individuals to challenge actions or decisions of the State that are perceived as limiting to those important rights within Israel's ongoing efforts to combat terrorism in its midst.  Time and again, Israel's legal system has offered opportunities to individuals, citizens and non-citizens alike, to seek redress on the exact subjects dealt with in the Report of the High Commissioner. As Justice Aharon Barak, then the President of Israel's Supreme Court eloquently wrote in the 2005 Mara'abe decision:
These considerations – security needs on the one hand and the needs of the local population on the other – conflict with each other. This is usually the case. … What is the military commander to do in this situation? The answer is that he must create a balance between the conflicting considerations. Indeed, like in many other areas of the law, the solution is not found in 'all' or 'nothing;' the solution is in locating the proper balance between the clashing considerations. (HCJ 7957/04)
Especially in 2009, as we all mark the 60th Anniversary of the Geneva Conventions, it is appropriate to ask the important questions that are raised in the Report of the High Commissioner about the impact of counter terrorism measures. At the same time it is vital to recognize that these concerns must be balanced with the most basic of rights, the right of an ordinary citizen, of every human being, to the inherent right to life as provided for in the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. It is worthwhile to point out, as does the High Commissioner near the very beginning of her Report:
Without doubt, terrorism has a very serious impact on all human rights – civil, political, economic, social and cultural – and it contributes to the creation of a climate of fear and insecurity (para 6).
The rights of victims of terror attacks should be considered as well. The rights of women, children, minorities and all other members of society stand before the consideration of States when balancing these difficult considerations. These are the dilemmas that remain before Israel and many States, every day. Israel remains deeply committed to asking those questions and seeking a proper balance.

Thank you.