High Court says Israel can take advantage of West Bank resources
Court adopts state position: no new Israeli-owned quarries should be established in the West Bank, but existing ones should be allowed to continue operating.
By Zafrir Rinat Tags: West Bank Israel Supreme Court Israel occupationThe High Court of Justice has authorized Israel to exploit the West Bank's natural resources for its own economic needs by rejecting a petition against the operation of Israeli-owned quarries in the territory.
In its ruling, issued on Monday, the court adopted the state's position: that no new Israeli-owned quarries should be established in the West Bank, but existing ones should be allowed to continue operating.
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A quarry in the West Bank (illustrative only). |
| Photo by: Alex Levac |
The petition was filed two years ago by the Yesh Din organization. It argued that the 10 Israeli-owned quarries in the West Bank violate international law, which states that an occupier may not exploit an occupied territory's natural resources for its own economic benefit; it may use such resources only for the benefit of the occupied people or for military purposes.
The Israeli quarries sell 94 percent of their yield to Israel and supply almost 25 percent of Israel's total consumption of the raw materials in question. But until the petition was filed, the state had never seen any problem with this.
Supreme Court President Dorit Beinisch, who wrote the ruling, began by accepting the state's view that the Israeli-Palestinian interim agreement permits the quarries to operate in their present manner until a final-status agreement is signed.
She then moved on to discuss what international law has to say, and particularly Article 55 of the Fourth Hague Convention, on which the petition was based. That article requires the occupying power to "safeguard the capital" of the occupied party's natural resources and "administer them in accordance with the rules of usufruct," meaning the rules governing fair usage.
But Beinisch accepted the state's position that Israel's use of the quarries is limited and does not amount to destroying their "capital," and hence does not violate international law. This position is bolstered, she said, by the state's decision not to permit any new quarries to open.
Moreover, she said, it is necessary to take account of the fact that the West Bank has been under a prolonged and continuing occupation, so the territory's economic development cannot be put on ice until the occupation ends. The quarries, she noted, supply jobs and training to a non-negligible number of Palestinians; some of their yield is sold to the Palestinians; and the royalties the quarry owners pay the state - almost NIS 30 million a year - are used by the Civil Administration in the territories to fund projects that benefit the Palestinian population.
"In this situation, it's hard to accept the petitioner's unequivocal assertion that the quarries' operation does nothing to advance the [Palestinian] region, especially in light of the Israeli and Palestinian sides' mutual economic interests and the prolonged duration" of Israel's presence in the West Bank, she concluded.
The petition was not a total loss for Yesh Din: Both the decision not to open new quarries and the decision to allocate all the royalties to the Civil Administration were made only after it was filed.
Nevertheless, attorney Michael Sfard, who represented Yesh Din, was disappointed.
"Mining natural resources in occupied territory for the economic needs of the occupying state is looting," he said. "The High Court's argument, that one should relate differently to a long-term occupation, cannot legitimate economic activity like this, which harms the local residents."
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This decision only dishonor and disqualifies the Supreme Court of Israel and its members. Dura lex, sed lex, and the Geneva Conventions are quite clear about the duties, responsibilities and obligations of occupying powers, such as Israel to the Occupied Palestinian Territories. The Israel statute towards the European Union and the UN should had been revised long ago face to the repeated transgressions and crimes against the international and humanitarian laws.
A truly talmudic argument in the best spirit of pilpul !
post after post of pure zionist nonsense. welcome back harris.
While I strongly support the rights of the Palestinians some of the comments here are anti Jewish, while it is perfectly legitimate to criticize Israel's behaviour and even their backers outside of Israel(Jewish or otherwise) attacking Jews in general is unacceptable and must be criticized.
Jews have a historical, spiritual and emotional connection to the Land of Israel, which includes not only the lands of 1948, but what is called Judea and Samaria or the West Bank. When the Arabs and their lackeys stop denying the Jewish connection and no longer claim exclusinve Arab ties, maybe progress towards a just peace can begin to occur.
Settlements are preventing a two-state solution and the survival of the Jewish state.
Yesh Din claimed in its petition that Israeli operation of the quarries was a violation of the Hague Convention on “occupying powers.” Article 55 was specifically cited. But in the decision, High Court chief justice Dorit Beinisch categorically rejected the Yesh Din petition, thus accepting the arguments of the state, which said that the issue of the quarries had specifically been dealt with between Israel and the PA in a side agreement to the Oslo Accords in 1995
Zionists want the Sinai back if Egypt cancels the treaty---so give back the mines.
http://www.whatdotheyknow.com/request/what_action_is_the_british_gover
if a court anywhere has no jurisdiction this can be overcome when the dfendant and plaintiff agree to its haring any issues . the territories are not occupied as no sovereign entity existed prior to 1948!
common sense really
The people behind this are war criminals and need to be dealt with at the Hague. Israel likes to see itself as a moral society----please pull the other leg. Israel is right up theer with the most ugly and despotic regimes on this planet. Must be why it tales 2nd place year after year as the most disliked state on earth---next to Iran---which is only at top spot due to Israeli/USA propaganda and arm twisting.
"Israel's use of the quarries is limited " Am I reading this correct? Does Beinisch say this occupation crime isn't so big so then it's ok ? What kind of justice is this?
The sad fact is,that interviewed Arabs using the quarry to build settlers houses on(what they consider to be) their land ,say that they cannot afford to think politically.So long as they are getting reasonably paid,they can feed their family..... I am a fair minded recent Israeli citizen on 'the good side of the line'.I dont agree with settlements and never have.So,you see,we are not all extreme right wing.I worry for our future.
Parts of it are occupied by some Arabs, though.
Israel has deep, emotional and legal ties to the land of Israel. The Arabs may claim that they do, too -- so they need to negotiate and share, not simply deny that there are Jewish rights.
those quarries do not exploit any rare natural resources, its just rocks which are abundant. the Israeli left opinion in general usually supports and promotes business relations between Palestine and Israel -and this is no different than a textile factory it creates jobs for Palestinians, and helps economic prosperity for all
if they are so abundant why not go on your own property and quarry and let them open their own quarries? Why turn away Palestinian businessmen who are seeking to invest in Palestinian projects only to allow in Israelis?
there are $TRILLIONS IN MINING AND NATURAL RESOURCES WHICH NEVER BENEFIT THE LOCAL RESIDENTS MICHAEL.. only in israel do you get the art of the law beyond imagination . does he suppose the quarries not in judea and samaria benefit the local population ?
should go to the arabs ? nor should any produce or goods ! hands up all those experts who have been trained in law ??
The picture looks pretty much like a rock mine. Most likely no gold, silver, coal or copper. Bricks-maybe?
... but your true intentions are showing.
That simply states how brutal overall Israeli policy is.
Israel must be rebiuilt or must vanish
yesh din went to COURT and relied on and accepted the court to give it its decisionAND MUST ACCEPT THE COURTS DECISION it is the same everywhere if you dont like the decision WHATEVER IT MAYBE dont go to court !
Does the act of going to court not just represent the best action that can be taken, rather than the ideal one? The question is: would the Palestinians benefit from their resources more if the quarries were Palestinian-owned, and their resources were either used in the WB or exported with tax. The owners probably pay to export, but I seriously doubt the Israeli companies pay the full measure of Palestinian taxes, meaning that there is no benefit to having the quarries Israeli owned rather than Palestinian owned AND it does violate international law.
see decision by the same court in case number 2056/04 beit Zourik V Israel. Pay particular attention to the statement by the court. the west bank has been held "UNDER BELLIGERENT OCCUPATION BY ISRAEL SINCE 1967. Do you accept that ruling---YES OR NO.
please expalin how that since no sovereign entitiy ever had possession of the land israel could occupy it ? or how this complied wth the san remo convention of 1920 which remains internationally binding
then te acceptance of aheld decision is final you cannot second guess what was not pleaded. ownership does not come into it and the question of tax was a matter for the oslo accords not the court ! what was decided is that the geneva conventions DO NOT APPLY
do be explicit john tell us exactly which court had jurisdiction to hear the complaint against the anti suicide mission wall and how they had the ability to enforce any decision of that court ?
please expalin how that since no sovereign entitiy ever had possession of the land israel could occupy it ? or how this complied wth the san remo convention of 1920 which remains internationally binding "veritas """Better speak to the Israeli High Court of Justice---they seem to diasgree with your legal shennanigans. the same court whose decision approving theft of Palestinian resources you accept. BTW--one always know when the other side is beaten. Yje racial slurs keep coming out. Your a loser veritas---probably have been all your zionist life.
The Israeli high court of justice---IHCJ agreed with the findings of that court---ICJ--which held that the West Bank has been held under Belligerent Occupation since 1967. Better address them--you keep rattling on about accepting the courts decision. San Remo ios as dead as is your brain. If lost for a related response --you can always resort to racial slurs---seems as if that is where your talents lie.
It is impossible to expect everything to be put on hold until the day comes when Abbas wants to talk unconditionally and negotiate a deal. Until this land is actually made part of a palestinian state its still disputed territory and as the one with all the muscle Israel will take advantage of it for personal gain. The arabs play dirty when its in their interests so why shouldn't Israel also play dirty sometimes? If this digging will help the Israeli economy then we should get as much heavy machinery in there as possible as soon as possible.
Because of the prolonged occupation the occupier is legally allowed to exploit the territory........well that's justice for ya........ Just the boost the hardliners in the Westbank needed I guess...
from the Palestinians. Water is more important than stone. It is life!
occupy a territory long enough and than use this as an argument to allow 'economic developement' Isn't it great? Might as well have given the green light for new projects as well...same thing really....
Don't worry, the Israeli government will find loopholes...kind of like the "natural growth" charade that Israel uses to justify its continued land theft.
According to this article only after Yesh-Din went to court did all the money get allocated to the people of the area. It's kind of like having mining operations and having the money first go to white people, not black people. Israel has some serious problems.
And not part of any solution.
'Moreover, she said, it is necessary to take account of the fact that the West Bank has been under a prolonged and continuing occupation' kinda hits the nail on the head right there doesn't she?
Peace would mean giving up Jordan Valley, Golan, etc etc so Israel runs fast in the other direction at every opportunity for peace.
Bad thing about dreams is that eventually you have to wake up from them.
Oh, I know: racism.
Why are the people that live there not citizens? And why has Israel not annexed it?
... When will the people who live there (the arabs) be allowed to vote and run for office in israeli elections?
Not as black and white as one may think. "The quarries, she noted, supply jobs and training to a non-negligible number of Palestinians; some of their yield is sold to the Palestinians; and the royalties the quarry owners pay the state - almost NIS 30 million a year - are used by the Civil Administration in the territories to fund projects that benefit the Palestinian population."
"What a Jew steals from a Gentile he may keep" –Sanhedrin 57a
Goes to show that the Israeli legal system represents the Israeli state's colonist agenda.
the Good Friday agreement fied that issue numnuts. try knocking on an open door.
A very large majority continue to support the Brits, if you can't tell the difference then its really hard to see how you could be rational on any subject.
not allowing them to settle in Britain,just like the Brit colony's Hong Kong Chinese had. But while Britain has been refusing the Hong Kong Chinese right to settle in Britain,she has granted the Brit Citizenhip to Malvinians after the Colonial War-after all they are not Chinese but mostly descendents of the Welsh sheep shaggers. Racism ,isn't it ?Or at least you'd be calling it racism if Israel was involvolved,johnm
That israel is a racist Apartheid state. This entity must be replaced by a democracy with one state one man one vote.
"...almost NIS 30 million a year - are used by the Civil Administration in the territories to fund projects that benefit the Palestinian population" which projects are these. Indefinite administrative detention?
Typical, always making juatifications for land theft and etnic cleansing
now here is the law that states they cannot . simply Google "The Inadmissability of Lands Captured during war" ---NB---Regardless of who started it. Go on --look it up--if you have the intellectual courage
and how they cannot be kept are you sober yet ?
What a shocker.
The land in question is not "occupied", it is liberated. Until this is understood and acknowledged there will be no chance of peace. How insulting to suggest this land is not part of Israel.
Everybody on the face of the planet with a conscience (clearly leaves you out of the discussion) knows that land is occupied, and no matter the number of racist and terrorist thugs like Lieberman say otherwise, this truth will not change.
Ok Chaim, lets go with that view for a second, now what about the millions of Arabs in this "liberated" land, shall we build camps for them or march them out at gunpoint or do the unthinkable thing and give them rights and citizenship...or your view and pretend they don't exist.
You would say that wouldn,t you--land thief.
the same high Court ruled the West Bank to be held under Belligerent Occupation by Israel (see case 2056/04) . so we here the usual zionist mouthpieces cherry picking laws from the High Court. Isn,t it nice to know your enemy is full of intellectually docile lame brains who are unable to see past their noses ( no anti semitism intended) so they keep bumping into walls.
Stealing legalized. Wow!
It doesn't matter what their Supreme Court says. International law is international law, and Israel has been violating it for decades. They must be shown that their consequences have actions-Israel must be dragged before the Hague and made to answer for their numerous, flagrant, and daily violations of international law.
zionized
Obviously it is too late for the Palestinians, but the rest of us can profit by their sacrifice.
You're assuming that all Jews are like the state of Israel with its behavior. Didn't the British and gentiles exploit people, too. This is not about Judaism or being Jewish, but about the colonial mentality of the Israeli state; not all Israelis share this colonial view.
You're assuming that all Jews are like the state of Israel with its behavior. Didn't the British and gentiles exploit people, too. This is not about Judaism or being Jewish, but about the colonial mentality of the Israeli state; not all Israelis share this colonial view.
'avoid Jewish neighbors whenever possible'. I think the term 'anti-semite' is over used, but I think in this case it might be applicable.
Isn't that what YOU always do with Arabs and Muslims? So how come YOU can do it without being called racist - and HE can't? It's your typical one-eyed view - oops - now you have ME stereotyping...lol. Dam!
Why the double standard.
Unfortunately, the so-called "American" Ambassadors to the UN will always knee-jerkingly veto each and every single resolution calling for sanctions to be placed on Israel, and the treasonous AIPAC and Congress will always scream and shout whenever such resolutions come up. They talk about obeying the law-but it's alright for Israel to do whatever they want, of course! Can't let them pesky Eh-Rabs stand up for their rights, oh no!