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Israeli Finance Minister Calls for Defiance of High Court Ruling on West Bank Refugee Camps
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Court Order on Return of Jenin, Tulkarm and Nur Shams Residents
Israel’s Supreme Court, led by President Isaac Amit with Justices Alex Stein and Khaled Kabub, issued a decision responding to a petition filed by Palestinian residents of the Jenin, Tulkarm and Nur Shams refugee camps and the Association for Civil Rights in Israel. The court noted that roughly one year and nine months had elapsed since the start of the military operation in the area and that security conditions for returning residents had not yet been met. It ordered the state to provide a supplementary update on three points— a timetable for completing remaining measures, the possibility of accelerating those measures, and shortcomings in humanitarian assistance. The state was given until November 23, 2026 to submit this response. The ruling did not mandate the immediate return of residents nor require the Israel Defense Forces (IDF) to withdraw from the camps.
Smotrich’s Reaction and Call to Defy the Court
Finance Minister Bezalel Smotrich, who also serves as a minister in the Defense Ministry and chairs the Religious Zionist Party, publicly condemned the three justices, accusing them of endangering Israel’s security. He linked the decision to the rebuilding of “terrorist infrastructure” in northern West Bank areas that had been dismantled by the IDF. Smotrich further argued that the judges bore responsibility for security failures that preceded the October 7 massacre and should be investigated. He urged Prime Minister Benjamin Netanyahu and Defense Minister Israel Katz to instruct the IDF not to cooperate with the court’s instruction and to reject any effort to re-establish the camps. Smotrich emphasized that decisions concerning national security should rest solely with elected officials, not the judiciary.
Legal and Political Context
The High Court’s demand for a detailed plan follows a broader judicial-executive tension in Israel, where recent reforms have sought to limit the courts’ oversight of government actions. Smotrich’s statement reflects ongoing calls from right-wing politicians to curtail judicial review, especially on security-related matters. The court’s request for a timeline and humanitarian assessment underscores the legal system’s attempt to balance security concerns with the rights of displaced Palestinians.
Potential Implications
If the government follows Smotrich’s recommendation, the IDF could refuse to provide the information or cooperate with the court, potentially leading to a constitutional clash between the executive and judiciary. Conversely, compliance with the court’s deadline could force the state to outline concrete steps toward allowing residents to return, affecting settlement policies and security operations in the northern West Bank. The outcome will likely influence both Israel’s internal governance dynamics and its handling of the humanitarian situation in the refugee camps.