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  • September 16, 2011

    Israel Supreme Court v The Gov’t of Israel

    Beinisch Rules: If It’s Not State Land – Demolish It

    Supreme Court President Dorit Beinisch rules: Anything not declared state land in Judea and Samaria is private land by default.

    By Elad Benari, INN

    Supreme Court President Dorit Beinisch has ruled, not for the first time, that any area in Judea and Samaria that has not been declared state land is considered private Arab land by default and all buildings in such areas must be demolished.

    She could just as well have ruled that this land is not claimed and therefore could be settled by Jews according to the law that land that is worked on for ten years without prior proven ownership can become the property of those working it, or that unclaimed land can be given to Jews outright.


    It is a ruling that therefore borders on political bias, saying in effect that Jewish settlement in Judea and Samaria is not part of returning to Jewish land although Jordan has no better claim to it.

    Beinisch, however, made her guiding concept of ownership public in a hearing that was held this week in the Supreme Court about homes in the Jewish neighborhood of Givat HaYovel in Eli north of Jerusalem.

    However, legal counsel for Judea and Samaria regional authorities have long warned that this is her mindset, one that de facto gives Arabs ownership of anything not state land, and that this is the basis for her decisions on disputed non-state land that has no proven Arab owner documentation. Arutz Sheva reported it prior to this statement.

    12 homes in the neighborhood were slated to be demolished last year, including the homes of fallen IDF soldiers Roi Klein and Eliraz Peretz. Defense Minister Ehud Barak petitioned the Supreme Court to postpone the destruction just two weeks before it was scheduled to take place.

    There are other homes in danger of being razed in Haresha, located in the Talmonim bloc between the city of Modiin and Beit El. The communities are being targeted by leftist groups such as Peace Now which claim that the homes were built on property belonging to PA Arabs.

    In her ruling this week, a copy of which was obtained by Arutz Sheva’s Haggai Huberman, Beinisch stated, “The State shall notify the court within 60 days which lands in HaYovel and Haresha are private land, as opposed to state land. In the statement filed on the State’s behalf regarding the lands that have not been declared state land, and are thus in the category of private land, the State shall determine what is the timetable for the demolition of structures built in these lands, subject to a hearing to be held during this time period to the current holders of these lands, with the exception of the Peretz family.”

    A thorough check by Huberman revealed that of all the homes in HaYovel, only two homes are on land not defined as state land, one of them being the home of Eliraz Peretz, in which case Peace Now has withdrawn the petition it filed. This leaves only one home in HaYovel that is not defined as being on state land.

    Huberman notes that this one home is a case similar to the case of the three homes in Migron which were recently demolished in the middle of the night. In the case of Migron, Peace Now withdrew its petition after realizing that the case was faultily prepared and the documents were about land that was somewhere else, so it could not prove Arab ownership for these specific homes.

    In the case of HaYovel as well, notes Huberman, there is no Arab claim on the home, but the State Attorney’s Office and the Deputy Attorney General have explained that the State does not intend to declare the land on which the home stands unclaimed because there are old ‘signs of processing of the land’ that were found in the area.

    Huberman explains that this decision leaves an opening for leftist groups to someday file another petition to the Supreme Court, claiming that the land is Arab land.

    Beinisch has come under fire by nationalists recently, particularly after she allowed the nighttime destruction in Migron and ignored the fact that children were left homeless as a result.

    National Union Chairman MK Yaakov “Ketzaleh” Katz responded to Beinisch’s ruling Thursday, saying, “As she nears retirement, Judge Beinisch is not asking for a list of tens of thousands of housing units illegally built by Arabs and Bedouin in the Galilee, Negev, Jerusalem, Judea and Samaria in order to destroy them, but is only interested in the list of Jewish homes.”

    “A few months before leaving the job she is eager to fulfill her desire to see Judea and Samaria free of Jews and to build the Arab nation in the land Israel,” he added.

    Katz said that he intends to submit a bill to the Knesset stating that any land, in which the State was involved in its construction, should be expropriated and retroactively declared state land.

    Email from Mattot Arim

    Yet another painful and frustrating crisis has just occurred, so we need your help again.

    Just a few days ago, Dorit Beinish, considered one of the most leftwing judges in Israel’s strongly politicized Supreme Court, issued a new anti-settler edict. The edict, a portion of which can be seen here: http://www.inn.co.il/News/News.aspx/226020, says that ALL land in Judea and Samaria, except for so-called “state land”, will be considered “privately owned Palestinian land” from now on.

    Unbelievably to many of us, this is going to be the case even if there is no actual Palestinian who owns the land. The reason for this ruling is very simple: Beinish is trying to take full advantage of an earlier statement on the part of Prime Minister Netanyahu. Some months ago, Netanyahu hastily told a roomful of anti-settler legal advisors  that it was alright with him for all homes on “privately owned” Palestinian land to be razed. Of course, to his credit, Netanyahu probably was not thinking at the time about what Israel’s anti-settler legal authorities, like Beinish, could do with this. But now, it is necessary to immediately persuade Netanyahu to change  that statement which he is of course fully entitled to do.

    Otherwise, dozens and later on hundreds of settler families could find themselves branded as thieves of “privately owned Palestinian land”. No Israel-basher will remember or even know that this is an artificially created Beinish category and no-one will think to ask whether there is an actual Palestinian owner! This happened to 3 families in Migron (a settlement in Binyamin Regional Council) just a week ago; they were turned out of their homes in the middle of the night with their children in their pajamas,  including a 2-week old baby. This was covered by the Jerusalem Post here: http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?ID=236743&R=R1 and was filmed by Shoshi Greenfeld here:  http://www.youtube.com/watch?v=kYtfZ07Fh4U

     Please can you forward this email straight to Israel’s ministers whose email addresses are as follows (do not get frustrated if some of your emails “bounce”):

    sar@moch.gov.il; roeil@moin.gov.il; minister@most.gov.ilministerts@most.gov.ilsar@tourism.gov.il; sar@mfa.gov.il; sar@mof.gov.il; sar@mot.gov.il; sar@mops.gov.il; yedelstein@knesset.gov.il; gerdan@knesset.gov.il;bbegin@knesset.gov.il; myaalon@knesset.gov.il; mcachlon@knesset.gov.il; yiskatz@knesset.gov.il; gsaar@knesset.gov.il; ypeled@knesset.gov.il;ysteinitz@knesset.gov.iliaharon@knesset.gov.il; aliberman@knesset.gov.il;ulandau@KNESSET.GOV.IL; slandver@knesset.gov.il; smiseznikov@knesset.gov.il; dhershkovitz@KNESSET.GOV.IL; mnahari@knesset.gov.il; aatias@knesset.gov.ilymargi@knesset.gov.il; yakovm@dat.gov.il; sar@sviva.gov.il; Sar@justice.gov.il; sar@moc.gov.il;sar@moia.gov.il;sar@environment.gov.il;sar@mni.gov.illishkat_sar@education.gov.il; hilap@pmo.gov.il;sar@moin.gov.il;pniot@mni.gov.il;info@ng.pmo.gov.il

     The ministers can and must immediately remind Netanyahu that there are so many more reasonable legal solutions that Netanyahu can switch to, to cope with this highly politicized situation – compensation instead of house-razing, demanding that an actual Palestinian owner be identified, and so forth.  If you have writing skills, feel very free to add a few personal words of your own!!

    Please also pass this email on to others. It is important for  ministers to get many requests and to feel obliged to take fast action. Thank you very much indeed.

  • Posted by Ted Belman @ 9:43 am | 18 Comments »

    18 Comments to Israel Supreme Court v The Gov’t of Israel

    1. Bill Narvey says:

      I sent the following letter to the Knesset

      Dear Honorable MK’s,

      I was alerted to the above noted matter by reading Elad Benari’s article Beinisch Rules: If It’s Not State Land – Demolish It http://www.israelnationalnews.com/News/News.aspx/147952#.TnL-b-zO49Q

      Benari opens his piece with: Supreme Court President Dorit Beinisch has ruled, not for the first time, that any area in Judea and Samaria that has not been declared state land is considered private Arab land by default and all buildings in such areas must be demolished.

      I am moved to ask, who makes national policy, the Israeli government or the Israeli Supreme Court?

      I have not read Judge Beinisch’s ruling as I expect it is in Hebrew, however just the conclusion she has come to, is astonishing.

      The issue of whose land J & S is, Palestinian or Israeli is a political issue beyond the scope of Israeli law, unless Israel by law were to legislate a statutory claim to J & S and act in furtherance thereof. Israel still would come head to head with international law, but at least there would be Israeli law upon which the Supreme court could then adjudicate on.

      Beinisch’s decision presumes J & S is Palestinian land, unless an Israeli can somehow claim property rights to a particular plot of land in J & S, beyond the green line.

      Netanyahu took a position at his address to the joint session of congress in the U.S. that J & S is Israeli land. In speaking of relinquishing control of portions of that land in favor of the Palestinians, he clearly said what land Israel would be relinquishing control of, was not Palestinian land, but Israeli land and Israel’s rights thereto.

      Beinisch, by her decision is taking a view that is contrary to the GOI’s political position and policy in that regard. She does so without any legal authority, regardless that Israeli jurisprudence might provide a reasoned logical legal argument for her decision,

      Simply put, Beinisch cannot extend the force of her order to land not within Israel’s sovereign control.

      Unless Israel takes the political position to extend sovereignty to J & S by enacted statutory law and backs that law up with an Israeli presence and military actions to establish de facto control over all J & S, the law that applies to J & S is international law. Beinisch can weigh in on issues affecting Israelis living beyond the green line to the extent these Israelis are subject to Israeli law, but she has no legal authority and thus cannot grant or affirm or validate Palestinian claims to property rights in J & S.

      Israel’s political positions and policies and actions in furtherance thereof, are the sole purview of the Israeli government.

      Israel has for instance extended its power and control over Jewish communities beyond the green line. While Israel has extended its control in a number of ways to the lands of J & S land beyond Israeli settlements in the area, that extension does not meaningfully extend sovereign control. While it is assumed that eventually land in J & S will be made available for the Palestinians to declare sovereign right and control by declaring and being accepted as a state, that has not yet happened. The way things are going, it doesn’t look like it is going to happen any time soon.

      There has been over the years many concerns raised over Israel’s left leaning activist court that often intrudes into areas that are and should be the sole and exclusive purview of government.

      It is surprising to me and many others that Israeli governments have sorrowfully and frustratingly grumbled about these judicial intrusions into matters of state policy, but have failed to take action to prevent that from happening. For instance, the GOI could and should by law enacted or otherwise, clearly delineate the line between the exclusive power, authority and reach of government and the power, authority and reach of her judiciary.

      Now would be a very good time to do just that.

      I would appreciate your comments and advice in that regard. FYI, I treat all e mail replies and letters in strict confidence.

      Sincerely,

      Bill Narvey,

    2. Ed Katz says:

      I’ll just bet that she has a huge portrait of Obama hanging in the entrance of her house.

    3. BlandOatmeal says:

      Only in Israel, can land be declared “private” that has no owner. The High Court has done more than its part, to make Israel the laughingstock of the world.

    4. NormanF says:

      The only way to overturn the leftist Israeli Supreme Court’s progrom against the Jews of Yesha is for Israel to extend its law, jurisdiction and administration over Yesha – in a word, sovereignty over the area. This will end the second class colonial status of the Jews. After 44 years of interminable occupation, it is time to terminate it and normalize life.

    5. Viiit says:

      What did Jewish fighters do with the traitors in Warsaw ghetto?

    6. yamit82 says:

      I sent the following letter to the Knesset

      Dear Honorable MK’s,

      I’m sure they will read and be fascinated by every word. Most can’t read English.

      I am moved to ask, who makes national policy, the Israeli government or the Israeli Supreme Court?

      WELL…..
      How long have you been commenting on this site? Yet you are surprised and even shocked? There is a word for that….!

      Your legal Beagle analysis will be eagerly and thankfully accepted and acted upon as soon as they can get it translated and vetted by their own legal opinions. You should get a reply by the year 2050, if you are still around by then. The wheels of our bureaucracy are slow but they grind exceedingly fine….Most of the rulings by our SC are arbitrary not based on the letter or the spirit of the law and intent of the Lawmakers but like the illegal IRS in America, to ignore them will bring the wrath of all of the states organs of power against you. Like the police, army and the Presstitutes.

      Get yourself appointed as an official rep of one of the major Jewish organizations in Canada,brtter yet a rep of a Canadian billionaire donor of our politicians, then have them arrange individual meetings with our parliamentarians and tell them personally how you feel. That would be more effective than stupid letters.

    7. yamit82 says:

      What?

    8. yamit82 says:

      BB killed the last effort and the Likud lemmings went along. BB needs a gun to his head or a knife to his throat before he will cross the Israeli left and Obama. The Gun and knife metaphorically is his seat as PM.

    9. yamit82 says:

      No every dictatorship does it and even some dictatorships posing as democracies.

    10. yamit82 says:

      Pls explain why my comment to Norman is in moderation?

    11. yamit82 says:

      She has more relative power than Obama. Israel has no real checks and balances and the selection of judges is criminal cronyism where sitting judges select and veto their replacements. Consequently at least ideologically , presidents come and go but our ideological judges rule forever.

    12. SHmuel HaLevi says:

      Me thinks we are getting all worked up by that one without reason.
      The solution is simple.
      The people must give the beinish a full collection of Wagner music. preferable recorded under beremboim direction. Also provide her a secluded location for her to play that with the lass’es girl friend, “judge” Arbel.

      The fact is that beinish is no better than the Judenrat trained capo that still has some clout because Peres and Barak are there.

    13. Lea de Lange says:

      Is there such a thing as Private “Arab” land in any country? A privately owned piece of land is registered in the name of somebody, it is never “Arab” or “Jewish”, “Christian” of whatever.
      Arab land?
      An Arab owning a parcel of land is possible, also in the state of Israel. Arab land does not exist in the state of Israel, nor anywhere else.

    14. dweller says:

      “I sent the following letter to the Knesset…etc.”

      Bill,

      Without presuming at this time to comment on the substance of your letter, I think that — as a practical matter — you’d be better advised to send it ALSO by expedited postal mail (notwithstanding the added expense), rather than to assume that a mere email message will even get read. Political office holders get, quite literally, thousands of unsolicited emails per day; it’s most unlikely that many of them are read, even by an administrative aid. A hard-copy letter delivered by the post office carries more substance. Even phone calls are more effective.

    15. rongrand says:

      Israel has to contend with the anti-Semites of the world and their leaders, the crazy arab neighbors who want to destroy them and at home you would never expect their own supreme court not to recognize the G-d given rights of the Jewish people to the Holy Land.

      There is certainly something wrong with this picture.

    16. Israel has to contend with the anti-Semites of the world and their leaders, the crazy arab neighbors who want to destroy them and at home you would never expect their own supreme court not to recognize the G-d given rights of the Jewish people to the Holy Land.

      There is certainly something wrong with this picture.

      If only the PM would have the courage to do what Andrew Jackson did when the U.S. Supreme Court ruled against the interests of the United States.

    17. Lea de Lange says:

      Israel’s PM has a tremendous amount of courage, I doubt whether you will find in the world another leader like that. And what about about the people? Where most would just abandon ship, yes, run they stay put and prepare for what might happen this week.
      As for the US Supreme Court and Israel’s there just is no comparison. The situation of Israel is totally unique in our world. Can you mention another country that just might be abducted by an enemy with the help of the UN, the Security Council and an approving world?

    18. dweller says:

      “[Dorit Beinisch] has more relative power than Obama. Israel has no real checks and balances, and the selection of judges is criminal cronyism where sitting judges select and veto their replacements. Consequently at least ideologically , presidents come and go but our ideological judges rule forever.

      Yes. This is of extreme importance, though it gets absolutely no play, stateside.

      Americans are utterly clueless regarding this fact — and were they to hear of it, the news would leave them incredulous.

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