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Monday, October 12, 2026

Smotrich urges Netanyahu, IDF to defy High Court over Palestinian return to West Bank camps

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The state was given until November 23, 2026, to submit its response. The court did not order the immediate return of residents or direct the IDF to withdraw from the refugee camps.

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Finance Minister Bezalel Smotrich attends a ceremony marking the establishment of the new Israeli settlement of Ma’ale Arugot in Gush Etzion, in the West Bank, September 2, 2026.
Finance Minister Bezalel Smotrich attends a ceremony marking the establishment of the new Israeli settlement of Ma’ale Arugot in Gush Etzion, in the West Bank, September 2, 2026.
(photo credit: CHAIM GOLDBERG/FLASH90)
ByJERUSALEM POST STAFF

Finance Minister Bezalel Smotrich called on Prime Minister Benjamin Netanyahu and Defense Minister Israel Katz to instruct the IDF not to cooperate with the High Court of Justice, following a decision on Sunday requiring the state to provide further details about steps toward allowing Palestinian residents to return to their homes in the Jenin, Tulkarm, and Nur Shams refugee camps.

Smotrich, who also serves as a minister in the Defense Ministry and chairs the Religious Zionist Party, accused the three justices who issued the decision of endangering Israel's security and warned that allowing residents to return would lead to the rebuilding of terrorist infrastructure in the northern West Bank.

The decision, issued by Supreme Court President Isaac Amit and Justices Alex Stein and Khaled Kabub, came in response to a petition filed by Palestinian residents and the Association for Civil Rights in Israel.

The court noted that about one year and nine months had passed since the start of the military operation, yet, according to the state, the security conditions needed for residents of the three refugee camps to return to their homes had still not been met.

The justices instructed the state to submit a supplementary update addressing three issues: the timetable for completing the remaining measures necessary to enable residents to return to their homes, the possibility of accelerating those measures, and the petitioners' claims concerning shortcomings in the humanitarian assistance provided to the local population.

An Israeli soldier and a Palestinian man speak in Beit Lid, near Tulkarm, in the West Bank, November 7, 2025
An Israeli soldier and a Palestinian man speak in Beit Lid, near Tulkarm, in the West Bank, November 7, 2025 (credit: REUTERS/RANEEN SAWAFTA)

The state was given until November 23, 2026, to submit its response.

The court did not order the immediate return of residents or direct the IDF to withdraw from the refugee camps.

Smotrich accuses justices of endangering Israel's security

Following the decision, Smotrich issued a statement titled: "Strategic warning in light of the reckless High Court decision to act to return Arabs to the terrorist strongholds in Jenin and Tulkarm."

"The three High Court justices, Amit, Stein, and Kabub, are endangering Israel's security. Irresponsible judges who understand absolutely nothing about security are interfering once again, just as they did in Gaza before October 7, tying the IDF's hands and, with their own hands, bringing about the rebuilding of Arab terrorist infrastructure in northern Samaria that was dismantled by our heroic soldiers under our direction as the political leadership," he wrote.

Smotrich also accused the justices of bearing responsibility for the security failures that preceded the October 7 massacre, arguing that they should themselves face investigation.

"Afterward, they will even presume to appoint the commission of inquiry that will investigate those responsible for the horrific massacre, when they themselves should be the first to be investigated."

Smotrich calls on gov't to ignore court's instruction

He then called on the government to disregard the court's instructions.

"I call on the prime minister and my colleague, the defense minister, to instruct the IDF not to cooperate with the court and not to allow the terrorist camps to be reestablished."

Smotrich maintained that decisions involving national security should rest exclusively with the country's elected leadership rather than the judiciary.

"Israel's security is not subject to judicial review and is entrusted solely to those who bear responsibility for it and were elected by the people for that purpose."

He concluded by reiterating his commitment to advancing changes to Israel's judicial system.

"We are determined to complete the reform of Israel's judicial system and safeguard Israel's security for generations to come!"

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