Court orders state to explain why Amona outpost not demolished
High Court of Justice had accepted Palestinian petition claiming outpost built on private land, but more structures have popped up there since the 2008 demolition.
By Chaim Levinson Tags: West Bank Israel news
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A settler woman clashes with security forces during the evacuation of the Amona outpost in 2008. |
| Photo by: (Archive) |
The Supreme Court on Wednesday issued a temporary injunction requiring the state to explain why it has not followed through with evacuating every illegal outpost built on Palestinian land in the West Bank.
The court made its ruling particularly with regard to the Amona outpost, where settlers began to build in 1995 and have continued to do so despite an official evacuation as recently as 2006.
Settlers placed their first caravans in Amona in 1995, and received demolition orders for these structures in 1997, 2003 and 2004. Security forces in 1996 razed nine structures that had been built there, facing strong opposition from the settler movement.
A group of eight Palestinians from neighboring villages, via the human rights organization Yesh Din, petitioned the High Court of Justice in 2008 to evacuate the illegal outpost Amona. Petitioners have also asked for the removal of fences that prevent access to their lands.
The court accepted their petition on the grounds that any construction on private land was subject to demolition. The debate on Wednesday was held at the request of the Palestinians, demanding that the court enforce the decision as the state has apparently put that demolition last on its agenda, turning its resources toward dealing with disruptions to the construction freeze throughout the area.
Defense attorney Michael Sfard told the court during a hearing held on Wednesday that settlers began in April to build anew in Amona, without any interference from the state despite the inherent illegality or Prime Minister Benjamin Netanyahu's declaration of a 10-month construction freeze.
"It's obvious that the state and the settlers will do everything they can to stop this, but it is our duty to help those landowners whose property has been stolen to achieve justice," said Sfard.
Sfard noted that during the four years since the demolition of nine structures at the outpost (which took place only after a previous petition by Yesh Din), Amona settlers have built new buildings to replace them.
In the statement to the High Court last month, the State Prosecutor's Office confirmed Amona is an illegal outpost.
It stressed that the defense minister, the Civil Administration and the police take a grave view of the improper conduct of the Mateh Binyamin local council (which receives its budget from the state!), "and most certainly when it comes to construction on private lands belonging to Palestinians".
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The government is still licking its wounds from the last time they demolished Amona, they don't want a repeat performance... Amona was the Settlers' "Alamo" and was a watershed even that changed how many young people viewed the Army and the Government. They do NOT want to open that can of worms again...
we do not demolish amona because it is a jewish settlement built on the lands of our forefathers. that judge is why millions of jews are now to be found on this land from the coastal plain to the judean hills.
Ningún paso hacia detrás es bueno para Israel. Cada paso hacia el frente es Maná. Sólo Dios concede la misericordia. Shalom.
You can't have a two-sided justice system. If Palestinians did this, their structures would be razed on site, and if they resisted, they'd be shot to death. Ethnic cleansing seems to be the goal.
A court should not need to ask for the obvious. If the government does not follow high court rulings the high court should dismantle itself.
...question involved in all this that cannot be avoided: If the executive branch of the government regularly engages in acts that effectively nullify the authority of the judicial branch of the government--does Israeli democracy ultimately win or lose?
Over and over again the IDF ignores judicial determinations. The IDF demonstrates disdain for Israeli institutions that represent Judaic values of justice. Instead the IDF functions as an extension of zealot settlers that are driven by their individual greed rather than the overall good of Israel.
It should be clear. There is no national will to take these colonies down. They are sustain by the state, funded by the state, allowed to grow by the state, etc. Why, when the government for the past decade has commited to removing them? Well, on one hand the government realises that if they do go ahead and remove them, it could very likely precipitate a civil war. The IDF is riddled with supporters of the fanatics who would mutiny. And most important, these colonies further the two preeminent goals of zionism: colonising both banks of the Jordan as was envisioned by the zionist fathers and creating irreversible demographic facts. The government also can use these colonists to harrass and carry out their pogroms against Palestinians on the hope that it will deplete the population which will then be supplanted by moving in more Jews. That is what this is all about and why Israel will never remove them, with the possible exception of cosmetic nips and tucks here and there to placate the US.
cosmetic surgery is against our religion.
i had a meeting with the chief jesuit general in chicago and he assured me that catholics encourage jewish settlements in the land of their forefathers. i hope that has been useful sullivan
gilbert o sullivan i met the papal nuncio recently and he assured me that the zionists and their settlements are most certainly not colonies.he asked me to reassure you.
the main thing that separates a civilised people,from a bunch of savages,is the strict enforcement of a law,by the officials elected to uphold that law.where on earth is israel going
on the road to damascus?
This is one thing that deeply troubles me about Israel.: the fact that there is such little regard for law. Since I've been reading Israeli news, I've seen city mayor's outright refuse to comply to court orders with complete impunity. No one wants to uphold law.
Is this an example of”Juridical terrorism” when Palestinian go to court to ruin the prospect of a Greater Israel? Jokes aside, you can wonder how much law has to say in Israel. The other ting is that the Israeli law seems to make difference between privately owned Palestinian land and Palestinian land. All settlements on occupied territory are illegal according to international law, that Israel that are a signatory of this law, think it is inconvenient dose not make it less illegal.
If the rule of law will not be implemented by the relevant authorities in this most blatent dens of thieves, like Amona, how should anyone expect the rule of law to be implemented on other stolen land like the big settlement blocks around Jerusalem? I always wonder how on earth the Israeli occupational powers comes to the absurd interpretation that the Palestinian common land can be used like Isreali common land. It doesn't belong to Israel, they have no owning rights, those belong to the indigeneous people, i.e. not European immigrants.
"All settlements on occupied territory are illegal according to international law, that Israel that are a signatory of this law, think it is inconvenient dose not make it less illegal."
jordan and israel means there is no question of illegal settlements.that is now all israeli lands as israeli as copenhagen is danish.or as danish as bacon.
Remeber Barak giving the US his assurances that hese 23 illegal outposts (at the time) would be taken down? Where are they now? The article states it clearly-growing and becoming more radical and violent. The truth is that if Israel tried to take them down it would precipate a civil war, a jewish intifada. They are not coming down. Zionism is driven by two commands:taek as much land on both banks of the Jordan as you can. Keep talkking about taking down and dismantling but at the same time allow further construction and growth. Who, afterall, sustains these toxic weeds that have sprung up in the hills of Palestine? Land-take it- and populate it with Jews and make conditions for the indigenous population as impossible as can be. Cut them off from their livilihood, harrass them, intimidate themIssrael is desperately afraid of the demographic time bomb and they know that time is against them and they must fulfill their ideological mission. That is their goal, not peace nor compromise. That should be understood as evident.
Your hatred of the Jewish national liberation movement exeeds that of the Neturei Karta, Hezbollah, Hamas and other sworn enemies of Israel. Tell me, James,why do you call yourself Yaakov?
Your hyperbole borders on hysteria. I call myself Yaakov because that is my Hebrew name and I am Jewish. My version of Judaism is not Constantinian nor as tribal as yours. Raise yourself above the level of personal attacks. It shows the true face of the ideology you cling to and it is hardly a "liberation movement".
Further, the fact that you employ a term used by kahanist racvists gives you away. There is nothing "liberating" about driving people from their homes with bogus documentation. There is nothing "liberating" about cutting down olive groves or destroying crops meant to provide one's livlihood. There is nothing "liberating" in defacing or destroying houses of worship or cemeteries. There is nothing "liberating" in taking land from its owners through coveteousness as in the bibilical story of Nabot. Look what happended to Ahab when Jezebel convinced him to "liberate" the field of Nabot. Nazis thought they were "liberating" all of Europe and the Serbs Kosova. You simply cannot sustain your status quo while continuing to propagate the lie that you exist in a sea of enemies when you are doing all in your power to create enemies, not turn them into non-belligerents. That is the appalling truth of your "liberation" movement.
Referring to Zionism as the Jewish Liberation movement is not a "Kahanist term" Even very left wing Jews consider Zionism a liberation movement. I grew up on Hashomer Hatzair. We fought against the Kahanists; despised them. To us Zionism is a liberation movement. You are shameless
During the 15 years or so that the police refused to follow the order?
settlers are very troubling people. hooligans.. them and thier haredi friends... a blight on our good society
When you see crime in progress, you intervene or you call the police. If the police doesn't stop the criminals, you take civil action yourself, you vote for a political party that tries to change the police system. If the court has no power (like in this case, the High Court gets the middle finger from the IDF) you protest, like ln Bil'in. You organise civil resistance. You DO something. Here's a question for you, David: How many Israelis are resisting the cruel oppression by THEIR soldiers? How many support civil rights lawyers for the oppressed people? Virtually nobody. Israelis don't give a damn about what happens accross the green line. Until Israelis start realising that THEY are the only ones able to change these state crimes, nothinh will change. No Obama, no J-street, no Levy-Strauss, nobody will succeed. So in the mean time, please, continue complaining about settlers in your comfortable office in Haifa, elect Israel Beitenu or Likud and then fool yourself that the setllers will be stopped. But don't be surprised Israelis will be compared to white South Africans in the S A Apartheid period and the world will divest in the pariah nation Israel.
ernst europe and america are in afghanistan killing muslims.we are defending the jewish homeland in our homeland.who ernest one is the villain?
Again Israel choosing what to bring down in the Holy Land !!!!
Shame on Israeli police and IDF for using riot gear and fighting against settler women. Ofcoarse most of these cops are goyim anyway.
Aron - its called enforcing the law - do you think the law shouldn't be applied to women? They should be allowed to trespass and steal land? Funny because I don't imagine you would say this with regards too religious law! Should orthodox/national religious women be exempt from religious edicts as well?
then you should maybe go to the oPT for once and see how the IDF treats & beats & teargasses men women and children of ALL ages.
The question Israel is asking itself is the following: What do I want? Peace or Land? The answer is the following: I want Land.
Leaving Gaza was a statement to the contrary. Did they get peace? when they leave the west bank and Jerusalem will they then get peace? If they dont then what? Pre48 borders?
Also this comment is painful in its total distortion with omission of truth. Do any of you know why people in Gaza can feel unhappy with Israel after the democratic election? Can anybody explain why Gaza is no good example to make friends with your neighbours?
They only changed the "address"!
They only changed the "address"!
"Can anybody explain why Gaza is no good example to make friends with your neighbours? "
"Can anybody explain why Gaza is no good example to make friends with your neighbours? "
Gaza was never left menachem. Or do you call it "leaving" when israel has never stopped controlling every aspect of the population in gaza - borders, water, airspace etc. everything going in and out of gaza was and is controlled by israel, even before the election of the hamas government in 2006. to illustrate this a bit more, think of it this way: even in a prison, the inmates control most of the prisons territory: their rooms, the bathrooms, common rooms etc. only about 10 percent (the gates) is controlled by the authority. however, this is the most essential part... israel has always kept gaza locked!
According to PM Sharon's closest advisor, they evacuated Gaza to end the U.S. demand for peace negotiations. Even this was probably not the real reason. The real reason was probably that they didn't want to be responsible for curing the economic disaster that was Gaza.
the land of our forebears.not afghan land nor iraqi land nor somali land nor pakistan land but the jewish land of our forefathers. faithful one we did not return to kenya mauritius or algeria we returned to jerusalem and judea and samaria and the galilee and the jewish quarter.
What about 80 illegals arabes construction in a single discrict of jerusalem?
how can you decide what is legal or illegal in another country?
in a "single" district of jerusalem, exactly. of EAST jerusalem which is not israel but occupied palestinian territory. its not their (the palestinians) fault when israel hardly issues any building permits to arabs. contrary to the settlers, arabs are building on their own land, not on the one of their neighbours.
Answer to ignorant Rubens: because the israeli authorities do not give permits to build to israeli-palestinians being discriminated, while settlers build not only illegal but also in the wrong country!
Before making misstatements such as this, go and check your information and you will find the disparity in granting building permits to Jews and Arabs. They do not grant permits to Arabs, even after repeated attempts. So they go ahead and build. The zionists call that "natural growth" when it comes to their own.
Before making misstatements such as this, go and check your information and you will find the disparity in granting building permits to Jews and Arabs. They do not grant permits to Arabs, even after repeated attempts. So they go ahead and build. The zionists call that "natural growth" when it comes to their own.
so,they are LEGAL.
Why haven't Arab buildings on Jewish land been destroyed???
and which "arab buildings on jewish land" are you referring to exactly? if you're referring to arabs inside of israel - they are israeli citizens, just as much as the jewish or christian or druze or atheist israeli citizens. all israelis (regardless of their religion) can build on israeli soil.
They are not granted permits, after repeated attempts. Look, demoltion orders have been given four times before this most recent one. Are these illegal outposts still standing? Yes? Didnt Barak promise the US a few yrs ago that 21 or 23 would be down by this time? Yes. So, what is one to thin? That the State of Israel is not serius about dismatltling these squatters and returning them to Israel. Who sustains them? Israel will do nothing because it cannot confront them without risking a civil war- a judeo intifada and more importantlyly it is compelled to keep them for expansionist reasons as well as demographic.
They are not granted permits, after repeated attempts. Look, demoltion orders have been given four times before this most recent one. Are these illegal outposts still standing? Yes? Didnt Barak promise the US a few yrs ago that 21 or 23 would be down by this time? Yes. So, what is one to thin? That the State of Israel is not serius about dismatltling these squatters and returning them to Israel. Who sustains them? Israel will do nothing because it cannot confront them without risking a civil war- a judeo intifada and more importantlyly it is compelled to keep them for expansionist reasons as well as demographic.
Israeli arabs are truly discriminated while being israelis.
christians or druze are arabs also ! you mixed up about being an arab and being a muslim
JUst turn off the water and electricity!
These aren't connected to such infrastructure. They are huts!
The government of Israel is deeply involved in supporting the settlement movement with all the infrastructure they need. Common knowledge.
it is obvious that someone somewhere has taken the habit of closing one eye, and has been doing it for quite some time. with someone of that kind a real strong arm is absolutely necessary.
Would you advocate the Italian approach in law enforcement :-)? The Dutch approach during decolonization of Indonesia was equally partial/subjective and failed, justifiably. Countries can't decolonize without outside supervision, even if they have an active and balanced supreme court.