High Court: Israel turns blind eye to illegal settlement construction

Supreme Court President Dorit Beinisch accused the government on Wednesday of ignoring illegal settlement construction in one of several barbed remarks that could presage a first High Court of Justice decision ordering the demolition of illegal housing in the West Bank.

Beinisch made the comments while hearing a petition from Palestinian-rights advocacy group Yesh Din, which is asking the court to compel the government to implement an existing demolition order for nine homes in the West Bank settlement of Ofra.

Yesh Din argues that the homes were built on private Palestinian land, and while the government conceded on Wednesday that it is not claiming the construction is legal, it said the demolition orders would be carried out in order of priority.

"You say 'priorities,' but there is no implementation of priorities," said Beinisch. "Illegality is being ignored. Ofra isn't the first instance. There are so many cases up in the air. The impression is that you changed your position about your willingness to demolish."

Justice Ayala Procaccia also challenged the government's position, saying allegations of stolen land must top the state's priorities.

"When there are allegations of stolen land, that has to be at the top of the list," she said. "When stolen land is at issue, that doesn't satisfy the test of reasonableness."

Ofra representatives said they have documents proving the land has been purchased, and argue that the ownership of the land should be contested in a Magistrate's Court, as with any property dispute, not in the High Court of Justice.

However, Beinisch said such land deals were illegal.

The justices said they would rule on the matter shortly.