Subscribe to Print Edition | Thu., January 25, 2007 Shvat 6, 5767 | | Israel Time: 14:27 (EST+7)
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The High Court of Justice is in no hurry
By Amira Hass

Had Defense Minister Amir Peretz wanted to prove in his actions that he views racism as despicable and dangerous - as it was possible to understand from his remarks on Monday to his colleague, Minister of Strategic Affairs Avigdor Lieberman - he would have used his authority to cancel in a timely manner an instruction issued by GOC Central Command Yair Naveh that will go into effect on Friday. He has not, however, done so, and starting on January 19, 2007, Israelis and foreigners will be prohibited from taking Palestinians as passengers in their cars throughout the West Bank.

Had Education Minister Yuli Tamir truly wanted to change patterns that have become fixed in the education system during the course of 40 years of occupation, she would have already used her exalted position to raise an uproar in the Knesset and the government against the GOC's instruction, which undermines the right of Palestinians and Israelis to develop relationships on a friendly, familial and ideological basis. She has had sufficient time for this: The instruction was signed on November 19, 2006.

Had Deputy Defense Minister Ephraim Sneh, who is shocked, shocked, by the situation in Hebron, and has come to the conclusion that the law does not operate effectively there, been interested - he could have blocked the instruction that adds another building-block to the rule of the Jewish settlers in the West Bank: Naveh's instruction allows only Israeli employers (mainly settlers and people who live inside Israel proper) to drive their Palestinian workers. That is, it makes explicit a perception whereby the only possible natural relationship between a Palestinian and an Israeli and Jew is that of employee and employer.

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Had members of the Israeli media, who were appalled by the sight of the young Jewish settler woman cursing her Palestinian "neighbors" in Hebron, in master-like gestures, been interested in being effective as well - they would have organized in time to express their shock at Major General Naveh's instruction, which will make a criminal of every Israeli who gives a ride in the West Bank to a Palestinian friend or a family member who is not a first-degree relative. But the media as a whole, and the Journalists Association and jurists who specialize in media law, have left the fight to the human rights organizations and a few lone journalists. Had the media not forgotten the innumerable reports that it itself has published about the doings of the settlers in Hebron and the military government there - it would have concluded that the demographic separation that Naveh's new instruction imposes is the offspring of the same mode of thinking and action that has brought about ethnic cleansing in the old city of Hebron.

Had the chorus of shock at a single filmed settler woman not been a matter of "ratings," but rather the expression of a moral stance accepted by society, the High Court of Justice would have issued an interim order to delay implementation of Naveh's instruction. But it has not issued any such interim order, even though eight human rights organizations, represented by attorney Michael Sfard, have given it the opportunity to do so. Nor did the High Court's Justice Edmond Levy feel any urgency about the matter, and he postponed the hearing on the petition until February 12.

The Court has been in no hurry because Naveh's instruction is logical and very obvious, and the road to it has been carefully and gradually paved in recent years, in a series of orders, instructions and laws, as well as the policy of separate roads and the route of the separation barrier. Always with the approval of the High Court.

The instruction concords with other prohibitions on movement that Israel has imposed on Palestinians of the West Bank and the Gaza Strip, in the very same territory where Jews have unimpeded movement, and residential, economic and trade rights.

For years now, these prohibitions on movement have been preventing thousands of Palestinians in the West Bank from visiting family and friends in Gaza. They are responsible for thousands of sagas about people who are not permitted to live with their families in their own homes or to care for their parents on their deathbeds. They prevent students from pursuing the studies of their choice at decent institutions of learning. They keep sick people away from clinics, women about to give birth from maternity wards, children from schools and workers from their workplaces.

These prohibitions have transformed about one-third of the area of the West Bank - the Jordan Valley - into a region that is empty of Palestinians, apart from about 50,000 whose official address, as it appears in their identity cards, is in the valley.

The instruction under discussion complements and completes one that was issued in October 2000 - and which under the well-known excuse of security prohibited Israelis from entering Areas A in the West Bank.

The new instruction is particularly efficient because it mainly endangers the Palestinians who may disobey it: For various legal reasons, it will be difficult to bring the Israelis to trial in a civilian court. The Palestinian "criminals," however, will be shunted in and out of military courts, be blacklisted and pursued by the Shin Bet security service, and find themselves facing prison terms of up to five years. This fact will deter Israelis from choosing to practice non-violent civil disobedience, as taught by Mahatma Gandhi and Martin Luther King, Jr., by disobeying this flagrantly illegal command. The founders of apartheid in South Africa would have been proud.

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  1.   Actually Australia wrote the apartheid law for SA 10:22  |  Marilyn 17/01/07
  2.   Win friends and influence people 10:33  |  JW 17/01/07
  3.   Most Egregarious Dork In Israeli Politics 10:35  |  David 17/01/07
  4.   I suppose Israeli leftists are as much appeasers as those in the 10:46  |  Marwan مروان خوري 17/01/07
  5.   Actually Carter and Amira are right 10:54  |  Marilyn 17/01/07
  6.   Marilyn- giving it back? 11:07  |  Zelkha 17/01/07
  7.   ? 11:16  |  Kevin 17/01/07
  8.   nothing new from amira 11:21  |  flashman 17/01/07
  9.   had we been bad 11:27  |  yakov 17/01/07
  10.   Sure Amira, right 11:30  |  Proud Zionist 17/01/07
  11.   Amira Hass-Hess is a traitor (together with GIDEON Levy) 11:30  |  Vittorio 17/01/07
  12.   IDF freezes ban on Israelis driving W. Bank Palestinians 11:38  |  RW 17/01/07
  13.   The evidence you all balk at 11:47  |  Maral 17/01/07
  14.   Does Amira Hass read Haaretz? 11:57  |  David 17/01/07
  15.   Well said Amira 12:02  |  Marlene 17/01/07
  16.   Maral # 13 12:36  |  Anita 17/01/07
  17.   Anita, typical reaction 12:52  |  Maral 17/01/07
  18.   Princess of dynamite 12:55  |  Gybor 17/01/07
  19.   Ad Anita# 13:03  |  Hanoman 17/01/07
  20.   #8 Flashman: Is she right or not? 13:05  |  Spider 17/01/07
  21.   Sorry Amira 13:07  |  SLAVO 17/01/07
  22.   Gybor... 13:12  |  Hanoman 17/01/07
  23.   Amira HaSSan 13:12  |  Benyamin Ben Zeev 17/01/07
  24.   Maral # 17 13:18  |  Anita 17/01/07
  25.   Israel is not adopting Jewish values 13:20  |  Aziz Raisi 17/01/07
  26.   Israelis must abandon their supremacism 13:24  |  3rab 17/01/07
  27.   Anita, I`m in Beirut 13:31  |  Maral 17/01/07
  28.   Anita 13:34  |  Marilyn 17/01/07
  29.   Anita, # 16, 24 13:45  |  MAN 17/01/07
  30.   Hanoman # 19 13:47  |  Anita 17/01/07
  31.   Racism 14:03  |  Ed Hopwood 17/01/07
  32.   Maral # 27 14:10  |  Anita 17/01/07
  33.   ad. Anita - 14:13  |  Hanoman 17/01/07
  34.   Maral 14:15  |  Margie in Tel Aviv 17/01/07
  35.   Israeli apartheid 14:15  |  Mitch Cohen 17/01/07
  36.   #1, when exactly did Britain "give" anything to the Jews? 14:16  |  Danny - Israeli one 17/01/07
  37.   Marily # 28 14:16  |  Anita 17/01/07
  38.   Actually Marilyn 14:17  |  Margie in Tel Aviv 17/01/07
  39.   Apartheid 14:22  |  Geoff 17/01/07
  40.   Apartheid? Perhaps. Justified? Yes. 14:30  |  Avi 17/01/07
  41.   Anita 14:30  |  Hanoman 17/01/07
  42.   Man # 29 14:34  |  Anita 17/01/07
  43.   The founders of apartheid must face justice 14:35  |  Sam (UK) 17/01/07
  44.   Anita 14:38  |  Maral 17/01/07
  45.   TWISTED as Usual 14:40  |  B 17/01/07
  46.   Apartheid? Perhaps. Justified? Yes. II 14:42  |  Avi 17/01/07
  47.   To B - let`s try another exercise in apartheid 14:48  |  dana 17/01/07
  48.   Maral #13 14:49  |  Gabe1 17/01/07
  49.   Maral #17 14:55  |  Gabe1 17/01/07
  50.   #36 Danny, you serious?!?!? 14:56  |  Johnboy 17/01/07
  51.   ....to Amira...it is a war...stupid 14:58  |  abraham...mico 17/01/07
  52.   proud zionist # 10 15:03  |  dubious 17/01/07
  53.   2nd Try: Arab Moslem apartheid, racism, bigotry 15:18  |  Yacov 17/01/07
  54.   Head Mistresses of Traitors Writes Again 15:21  |  Rafi 17/01/07
  55.   Switching headlines 15:22  |  Shlomo Liberman 17/01/07
  56.   Apartheid in Israel 15:26  |  Elizabeth Foster 17/01/07
  57.   #47:If apartheid is justified, then terrorism is justifiable 15:28  |  Human Rights 17/01/07
  58.   RW #12 15:35  |  Gee 17/01/07
  59.   to Dana`s confusion 15:35  |  B 17/01/07
  60.   # 1 Marilyn, Where Do You Plan To Move To? 15:36  |  Tony Anthony 17/01/07
  61.   Apartheid at this point better than targeted asassinations 15:38  |  albert amato 17/01/07
  62.   To B & Dana 15:41  |  Human Rights 17/01/07
  63.   Apartheid in Israel does not exist, but maybe it should 15:49  |  Steven 17/01/07
  64.   Security 15:51  |  Johnny Weintraub 17/01/07
  65.   Security is Security isSecurity. 15:53  |  Avi Yerushalmi 17/01/07
  66.   spider between me and you 15:55  |  flashman 17/01/07
  67.   Dana #48 15:57  |  Gabe1 17/01/07
  68.   marilyn you will not make friends here 15:58  |  flashman 17/01/07
  69.   Margie in the UK 16:01  |  Gabe1 17/01/07
  70.   maral "anita i am in beirut" 16:05  |  flashman 17/01/07
  71.   Amira, twisting the reality your job. 16:06  |  Aby 17/01/07
  72.   # 43 Admit It, It Was Just A Jab At Israel 16:07  |  Tony Anthony 17/01/07
  73.   Sorry, war causes inconveniences 16:09  |  Herbert Kaine 17/01/07
  74.   to human rights and understanding of HUMAN RIGHTS 16:12  |  B 17/01/07
  75.   #4, Marwan. Figleafing the only ME democracy 16:18  |  zmogus 17/01/07
  76.   Marylin and the idea of an invasion 16:19  |  Jacob Blues 17/01/07
  77.   RE: Anita # 42 16:22  |  MAN 17/01/07
  78.   Johnboy Dandy with megalo ideas 16:32  |  Aby 17/01/07
  79.   To Marylin #1 16:36  |  Daniel 17/01/07
  80.   I am a Marylin fan 16:39  |  Hanoman 17/01/07
  81.   right on Amira 16:41  |  peacelover 17/01/07
  82.   Man # 78 16:50  |  Anita 17/01/07
  83.   Amira, This is disgraceful .... 16:52  |  Dutch 17/01/07
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  85.   RE: ANita # 83 17:13  |  MAN 17/01/07
  86.   #72 Aby, Safety in an Apartheid ? 17:15  |  Dutch 17/01/07
  87.   #75 B :You are far away down from being aware of human rights 17:15  |  Human R