State eyes 'legal' takeover of abandoned East Jerusalem properties
Pending court approval, government could assume control over properties of people who moved to enemy states during the War of Independence, as well as structures that belong to people now residing in the territories.
By Akiva EldarAttorney General Yehuda Weinstein recently informed the Supreme Court that the state plans to apply the law on abandoned properties to properties in East Jerusalem. This in effect will mean that Israel can "legally" take over thousands of acres and buildings worth hundreds of millions of shekels.
The state intends to assume control over properties of people who moved to enemy states during the War of Independence, as well as structures in East Jerusalem that belong to people now residing in the territories.
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The East Jerusalem neighborhood of Silwan |
| Photo by: Emil Salman |
If the court accepts the view of the state, it will likely spur strong protest on the part of the Palestinians and sharp criticism by the international community.
The matter was brought to discussion before the Supreme Court following appeals of two cases in which the Jerusalem District Court decided in favor of owners of abandoned property, and two other cases in which judges ruled against. A special seven-justice panel ordered Weinstein to tell the court whether the state intends to apply the law concerning such properties in East Jerusalem.
The court also noted that the state's conduct in relation to these properties in some cases ran contrary to the opinions of previous attorney generals.
In its announcement to the court, the state demanded that the owners in the cases in question submit a formal request for the properties to be released before a special committee on abandoned properties.
However, the state also noted that "the deliberation will be held on the basis of the view of the state and the custodian of the properties that they are indeed abandoned."
If the justices accept the current appeal of four West Bank residents who own properties estimated to be worth close to $10 billion, the state will have to give up a great deal of land and many buildings - or compensate their owners.
The neighborhood of Har Homa has, for example, been built on many properties that were considered to be abandoned.
The law concerning such properties was passed in 1950, well before Israel annexed East Jerusalem in July 1967, and was not been amended. However, in 1968, Meir Shamgar, who was attorney general at the time, presented a legal opinion in which he concluded that the law should not apply to properties of Palestinians in East Jerusalem whose owners lived in the territories.
Shamgar wrote that, "We did not see any justification that annexation of East Jerusalem should in itself bring about taking over properties of persons who were not essentially absent, but rather were present at the time their property came under our control ..."
In 2005 attorney general Menachem Mazuz warned Benjamin Netanyahu, who was finance minister at the time and whose office served as caretaker of abandoned properties, that applying the law vis-a-vis residents of the territories could have serious international consequences.
"The interest of the State of Israel is to avoid opening new fronts on the international scene in general, and in international law in particular," Mazuz wrote.
He added that defense sources also believed that the building of the separation fence should not strip Palestinians of the right to properties they own in East Jerusalem.
In a letter to Netanyahu, Mazuz also explained that there was no logic in applying the law to East Jerusalem properties. "The properties became abandoned due to a unilateral action taken by the State of Israel ... at a time when both the properties and their owners were under the control of the state ... Essentially these are 'present owners,' whose rights to their property were stripped because of a broad, technical formulation of the law."
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the israeli's plain and simple, jerusalem is in Israel not jordan or any other arabs/moslem state jordan is turning it's back on the treaty it signed. Personally jordan trys to stay out of verbal battles due to it's creation by balfoure and the brits. Israel/Cannan has been sliced and diced, fact the jewish state has already been divided and two states for two people ISRAEL and jordon the pali's got screwed by hussain and now abdullah this so-called palistine and the people SHOULD BE in jordan JORDAN JoRdAn any way you look at it the answer is the palistinian state they long for has been around since the inception of jordan.
or actually rented to other Palestinians? It would be quite amazing that properties worth "hundreds of millions of shekels" should just be left vacant in an apparently overpopulated area...
This Law has been used in force since 1950 to confiscate the Palestinian properties in what is now Israel. Without this Law Israel would have never existed because Jews and according to the Jewish Agency used to own approximately 8% Eight percent of the Land of Palestine until 1947.So they kicked the Palestinian population under fire and hell out of their homes then the Law considers them as movers to enemy states and thus confiscate their properties, how nice and human !!! The Palestinians didnot flee they were kicked out of their homes. The Arab Jews ,yes , moved to Isarel to build the then new born and fragile Israel.Ofcourse that doesnot mean that these JEWS are not entitled to their properties in Arab countries, they have every right to claim their properties so do the Palestinians whose properties were unjustly confiscated by Israel.
Israel declared independence from Palestine...
The Jews who fled from Arab countries should be compensated for the property they left behind. There were, for example, valuable Jewish-owned properties in Cairo. But nobody disputes that Cairo is in Egypt, and Egyptian law is valid there. Failure to recompense the Jews is unjust, but it is not illegal. This stealing of Palestinian property is every bit as unjust; it is also illegal. Under international law (reinforced by at least 6 UN Security Council resolutions), Israeli law does not apply in East Jerusalem. So quite apart from flouting Jewish respect for fairness (every good Jew should be up in arms about that), this is also totally illegal. But hey, does that bother the Israeli Government?
What happened to the properties "abandoned" by Jews fleeing Arab countries from 1948 until today? If the states took them over without any interference by the world, how could the world explain any critic of Israel's take over of abandoned Arab properties?
I agree: any Jewish property owner in (say) Libya or Tunisia or Egypt who was forced to flee in 1948 can, and should, seek recompense. But THEY aren't actually getting off their arses and lodging claims, unlike the Pals. But I see no "logic" in your argument that we must abandon the Palestinian in THEIR fight for THEIR rights merely because a bunch o' Jews are too lazy to get off their arses to fight for their (equal) rights.
I made a prediction (on the recent Netanyahu - Mubarak article) that there will suddenly be some "revaluation" in order to scupper any further dialogue, or just to make it downright impossible!! Man it came a lot quicker than I thought though!! This Netanyahu, he really has mastered his art!! Israel, you must be beaming with pride!! Just give me a warm glow in inside just thinking about him... (or could that be the sulphur)...
Can anybody please point out to me any international law, UN charter statement, or UN statement saying it is illegal for a state to take over abondoned properties, as a matter of fact every nation in the world confiscates abondend property. I'll grant you that the owners of these properties left because of war, but they had over 40 years to apply to international courts for restoration of their proporties.
UNSC Res 252, 267, 271, 298, 476, 478, all declare that any attempt by Israel to extend its laws to East Jerusalem are "null and void" under int'l law. The very first sentence in this article points out that " the state plans to apply the law on abandoned properties to properties in East Jerusalem". So sorry, X-MILITARY, but those UNSC Resolutions mean that Israel's attempts to "take over abondoned properties" in East Jerusalem via the application of an "Israeli law" must "null and void" under int'l law.
pALESTINIANS TO JORDAN where 70% of the population is Palestinians and ethnical clensed of Jews.
I fear no one but the ignorant ... Rachel i fear you ...
Properties abandoned by those fleeing Iran as not taken over by the state.
This has been going on for ages( one of many tricks to dispossess the Arab population) - I think it's fantastic that it has (finally) become an issue but it's probably a bit late.
To win the hearts and souls of the Pals and convince them that Israel is for peace and fairness?
I come into your house and loose off a few blasts with a shotgun. You flee, of course. I then walk off with the TV. This is the 'abandoned property' law.
... to Jewish homes in Jerusalem courtesy of the Jordanian Army between 1949 and 1967
What monstrous nonsense! Very few Jews I know and love as friends would countenance such an evil deed in their name! But then, we live in Australia!
...He lives here in NY. If Israel decides to confiscate the land and house that he inherited from his Palestinian father in Beit Hanina (in occupied East Jerusalem), we will hire a lawyer and sue Israel in New York. Maybe the U.S. courts would make it legal to confiscate properties of Israelis who live in Israel and in occupied East Jerusalem :-) If a liberal conversion law is passed, my father may convert to Judaism and reclaim his property, and his "legal" right to live in Palestine (he was born there during the British "mandate")!
Well if they didnt confiscate it for 40 years will they do it now?
How they stand by Israel and support it 100%.
You will. That's what really gets my goat. How we SUPPORT all this vileness.
Get this ... ISRAEL DOES NOT WANT PEACE ; Not yesterday, not today and even not tomorrow ... because it is hijacked and ruled by few Zionists thugs. No respect for international law because big brother America is protecting them ... They ask to TALK peace ... just talk, this only buys them time and hushes their critics ... Do you Get it now ...
Peace on whos terms? Islamic fundametalist who demand everything? We got it all along, You just never GET it
have in the majority of cases not done so willingly...they were pushed out of E. Jerusalem by Israeli authorities by all sorts of edicts and regulations... they should not now suffer the double injustice of arbitrarily loosing properties that belong to them...
In 1948, Israel/Ben Gurion designs, plans and executes a plan (Plan Dalet) to Ethnically Cleanse the Arab population from the land of Palestine. http://en.wikipedia.org/wiki/Plan_Dalet After this, Israel does not allow the Arab population to return to their homes. Later still, Israel says that the Arabs have abandoned their land and that they will take it legally. What the? Can anyone not see that this is so immoral that it would make a decent person scream out in anger? How much further can Israeli policies sink into the mire and still hope to be viewed as a decent state.
You cannot "abandon" it without your will. Nobody will recognise it.
In this area, it reverts to the people: the city. What else would be fair? In Jerusalem, it seems right that it also revert to the city. There is only one Jerusalem. It is up to elected officials to determine how the property should be used. All the cries of thievery are inappropriate and immature.
Just let the legal owners back into the city, they live just over the fence/barriei, and they will be only too glad to take care of their own property... not necessary to get fanatic Jewish settlers from NY to do it for them...
"If a property is abandoned, what becomes of it. In this area, it reverts to the people: the city." You do understand that this argument gives an massive incentive for the state to use the considerabe means at its disposal to F.O.R.C.E. the "abandonment of property". You DO understand that, don't you, Jasper?
Move the rightful owners of the wrong race/religion away, steal their property, give it to members of the right race/property. Sounds familiar to me. I think the Palestinians should found a Claims Conference as well, they have lots of reasons for one.
amazing how ignorant you are
I notice that nowhere in your "retort" did you actually try to... you know... "retort".
So what about the "abandoned" Jewish properties in the Arab states? At least as many Jews left properties in Egypt,Tunis,,Morocco, Algiers, Yemen, Lebanon,Syria etc. then Arabs in Israel incl. Jerusalem.
another act of grand theft by the government of Israel. Not surprising though. careful, what goes around, comes around.....
In Israel, dispossession of the natives is a non-stop job.
Have you no shame, Israel?
you are a terrorist. have you no shame?
That's a pretty strong accusation, David. Will you back it up with factual evidence? Or, alternatively, withdraw it?
blown up buses, cafes, etc. recently arabs using bulldozers to run over innocent people... stabbings, shootings. why doesn't haaretz report that? because it is an anti israel rag.
Netanyahu was supposedly in Cairo to start the direct talk with the Palestinians. That was a fig leaf that just fell off. This can not and should not continue, it is land grabbing in full daylight. Where are you President Obama? do something , Say something. Enough is enough dont you think so?
israel will never learn and the U.S keeps sending that money
roll over and dye, UN is a joke
When the Jews were forced to leave the Arab countries? Called spoils of War a war lost by the Arabs who fled while we were to be slaughtered. Did not work out that way did it ?
just because the Jews that left the Arab countries have given up their claims DOES NOT mean Israel can assume the same about the Palestinians.
... here the owners of the properties are present, in most cases just a short distance away, it's just that the Israeli authorities built walls and barriers overnight, setting new boundaries and limitations overnight... how long have many of these banished folk been crying out that their children can't get to school, infants cannot get to well-baby clinics, families were torn apart... livlihoods were lost... now also their "abandoned" property...
to keep land and properties
is in the west bank abdalla
Thwe beduins steal land in the soouth so do arabs in the North
Why is Israel only now reclaiming properties stolen from Jews. We all know that so called Arab properties were Jewish ones up till the Arab pogroms of the twenties, thirties and forties.
Is Israel declaring war on the whole world? How can one explain such a move at such a delicate time, following on the heels of so many provocative actions by Israel that have infuriated the world community. Have you after all, no shame Israel?
It is nuts and, according to Chomsky, irrational.
Pressured to take a stand he does not want (peace), Bibi looks around and says "that is a mile to the left of where I want to be." So he turns to the right, moves two or three miles, smiles, and says to America, Quartet, UN, etc. "I'll be glad to meet you half way." Of course he does not choose to move right, he is dragged by his coalition, without whom he cannot govern. Break it and you stall peace another year for Israeli elections and restabilization. Fast as a glacier, Israel moves toward peace.
Hold on guys, still looking this one up!! Folks, just looked in the Encyclopaedia Zionica, and I am sorry to say that "shame" is not mentioned anywhere!!
If the property once belonged to an Israeli, when the year of jubilee rolls around , the property reverts to the original Israelite owner. The properties (houses) in the cities can be reclaimed by the original owner but after the first anniversary, the sale becomes permanent. However this last stipulation only applies to houses in the city. I believe that the correct interpretation would hold that also means only the houses in the old (ancient) city limits--not the modern city limits. Somebody with a better understanding of the ancient property laws help me out a little bit, okay?
Actually, I was asking for help with one of the finer points of the Law of Moses.
is all that matter.. not moses law buddy... by ur explanation we shud execute all gays and lesbian...
You have said it. YHWH said it in Leviticus 18: 22 "Thou shalt not lie with mankind as with womankind: it is abomination." (KJV) According to Leviticus 20:13, "If a man also lie with mankind, as with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them." (KJV) I am sure that an astute scholar such as yourself will be able to find the same in the Torah. Better than enforcing the law is to obey the law's prohibitions. If that is too hard for you, seek prayer and councilling--but do not give in to that temptation. All sins are mortal with regard to our relationship to YHWH--but homosexuality is more than just a sin, it is an abomination. That is something that is not mentioned again except in relation to the desecration of the Temple which , of course, is most special to YHWH. My guess is that if there is a special place in hell, it is reserved for those whose unrepented sin is the desecration of the Temple and/or the practice of homosexuality.
may be they got the message from the world , they just keep going as if whole world's opinion doesn't matter !!! It is time for the civilized world to take action !! In stead of just voicing their opinion ... Israel understands only force & pressure !!!
It is the equivalent of a school bully rushing up to some kid at lunchtime and waving his fists about until the kid flees. And THEN shouting "Hey, don't you want your food? Mind if I eat it instead?"
Pretty smart, as a regular bully will hit first and then take land, so here is more humane. Plus it is NOT their land to begin with
...that shaking a fist at Israel is *just* *as* *bad* as throwing a punch at Israel. But, apparently, it is very different when it is an Israeli fist that is being shaken..... "Plus it is NOT their land to begin with" So, am I to take it you didn't bother to read to the end? Pity, because if you did you'd have seen that in 2005 the Israeli attorney general admitted that you are wrong.
boy, oh boy.. you Israelis just love doing things to make people hate you.
so why try? when everybody around you is just itching to kill you
Just because you're paranoid doesn't mean that someone isn't out to get you.
Eye for an eye. As they won't return the properties, give it to those who were expelled. Justice.
punish those who had no part in the original crime. Punish Arabs who lived in East Jerusalem for crimes comitted by those in Iraq. That's justice? You scare me
That way they get reimbursed and they are out of Israel too
the Palestinians were litterally kicked out by force and History documents that, where as Arab Jews voluntarilly left to help build the State of Israel, and they are entited to calim their properties as well.
Why can't Israel be honest? Why must if pretend, prevaricate, and fabricate? The goal is simple, the elimination of the Arab presence within Greater Israel. Why not be honest? Because honesty is the truth and the truth hurts?
ISRAEL JEWISH STATE
Mark, of course Israel will be honest!! Though, I feel another miracle must come first!! Did you see that people? Did you? I have just got blood out of a stone!!!! Was that an "antisemitic" thing to say, huh? Come on, I need to know...
Excuse me for being rather unimpressed with this state'scommittment to "Jewishness", because it certainly doesn't equate to my understanding of "Jewish" concepts.
or how the israeli government solves the budget deficit. Built an fence, prohibit the owners to (re-)enter and then declare the property abandonned. I trust your supreme court not to allow this savage behaviour.
negotiations. Can't you see the writing on the wall Mr. President Obama....
It isn't legal under international law to build in non-state-owned territories, BUT luckily Israel has passed a law to state that, why yes actually, it is. Brilliant solution, Israel. And when someone points out how stupid that is, we can just accuse them of being horrible anti-Semites. Lovely.
Seems everybody is an expert. What is it? Where is it kept? Who wrote it? And dont be quoting the UN charter, its not LAW?
are not law in your book. Israel is signatory to a number of those including the Geneva Conventions, the Hague Convention and the UN Charter.
"And dont be quoting the UN charter, its not LAW? " Treaties between nations **are** a cornerstone if International Law. The UN Charter is a multinational treaty, and no nation can join the United Nations unless and until they agree to sign the Charter. It's a T.R.E.A.T.Y. and that makes it a part of International Law. *sheesh* where do these guys come from?
Not the level of ignorance amongst the zionists. No, it is the level of SMUGNESS that surrounds their ignorance that astonishes. Here is a dude who is so clueless that he does not know that the UN Charter is an international TREATY, and yet he waltzes in here and sprinkles his ignorance around as if he is blessing us all with self-evident truths.....
Which law are we really following?
This is legalised theft and I cannot think of any other democratic state that would even consider it. It is almost certainly contrary to international law and clearly unethical. Israel does not have a very good international reputation and this will make the name of Israel stink even in the US. First you force people to flee, then you sieze their property. Can you think of any other country that has done that?
Britain, France, Germany, USA....just to kname the few, and lets not forget Russia
This is beyond sick, you are one disturbed goverment that needs a lecture in MORALS and CONSCIOUS. Maybe when you have no pride left, anything goes.
Morals, you will teach Israel about morals? You cant get out of 6th century
You make the lows to steel, then you steel, and call it legal. That what you did in 1948, and you called the absentee low, even when the the owners were not absentees. you kicked them out, and called them absentees. Some of them are Israeli citizens. The Eqreth and Bera'em people, The El berwi and Safforii (Mohammad Barakeh), or maybe the Ma'lul people who live in Yafa near Nazareth, and more and more. You build this county on the gun point, I guess you will live on the gun point. A thief should never live in peace.
You arabs try to erase EVERY connection of Israel to the jewish/hebrew people daily. You have been perpetuating lies SOOOOOO long you acutally believe them. Well they are not true. Israel has ALWAYS belonged to the hebrew nation and Jerusalem has ALWAYS been our capitol LIKE it or NOT.
State robbery
In addition to Palestinians who made their own way out of the fighting in 1947-1948, there were tens of thousands of Palestinians who were loaded into Israeli trucks and buses, driven by Israeli drivers and driven to borders of enemy states and were dumped there with an explicit message of what would happen to them if they tried to come back. It is bad enough that the property of Palestinians driven from their homes have been taken over de facto, any attempt to secure the properties de jure brings to what happened to Jewish properties not so long ago and not so far away.
in 48 jews lost there homes in herbron and east jerusalem. Then the jordainians move in. then we take it back, and all of a sudden the jordanians are pals? and now its there land? Its our land get used to it.
They were taken back by extreme Uber-nationalists, often against the wishes of the original jewish owners. Not to mention the adjoining houses of those arabs who sheltered and saved over 100 families from Hebron. History isn't selective or racist in the facts.
keep going israel, the world is watching and turning against you even more with your vile actions, when will you wake up, god is supposed to give you the land after the mesiaha came, he's not here yet is he, so it's called theft.
to the aborigines, and how you MURDERED them and treat them to this day as second class citizens. Your country was founded by Criminals, the scum of britin they sent you packing and bon voyage into the wild blue YOU went. They were probablly hoping the ships would meet their end at sea, you set up to fail.
Israel gets more pathethic by the second. And Israel seeks peace---yep--it sure does.
After all, the law was enacted so the state could "legally" acquire the land vacated in 1948 by the refugees who were refused the right to return to their homes. Still works that way.
If you look at things in a historic context and not in a typical anti Israeli one then in 48-50 this was a parallel action to the Arab states confiscation of Jewish property and money that was forcibly left behind when Arab Jews were kicked out without a penny to their soul. I'm still waiting for the over due compensation on my grandfathers house in Basra, Iraq.
Will only come at the end of Israely sord. That is the only language you understand
I am Irish not Arab as you thought. I am vociferouly opposed to oppression and colonialist regimes as I am to criminal states. Israel is all of the above and more. Zionists would not know what to do with peace. They would lose their victim status --their raison detre. As to making peace with me--who cares.
Those Jews need to take it up with the relevant authorities in the relevant countries. What did the Palestinian people have to do with Jews being expelled by Libya--if indeed they were. Your logic is way out of context.
You people know no limits!! Netanyahu's Israel has proven time and time again to be considerably worse than Robert Mugabe's Zimbabwe!! What an achievement Israel, you should be so proud!!
what a comparison, your arab identity has no limits on hate for the jews
I am not an Arab, I'm a Turk. Nor am I antinsemitic!! I don't hate Jews, but I do detest with a passion the zionistic ultra fanatical views and actions of your government!!
This is still in the courts we don't know the final verdict. Presumably it will be dealt with on a case by case basis. Some will probably get to keep their land and others not. It will probably depend on the circumstances. It will probably also be drawn out for years till they decide who gets what or if they get compensation