Last Wednesday, seven years after a cabinet decision to accept a report on illegal outposts - which stated that Migron is an illegal outpost and must be evacuated - the state petitioned the High Court of Justice to postpone evacuation of the largest outpost in the West Bank until the end of 2015.
Until then, according to the petition submitted by the State Prosecutor's Office, a new settlement will be built for the settlers two kilometers away from the present outpost. During that entire time, the settlers will continue to enjoy free housing on land that the State Prosecutor's Office itself admitted had been stolen from the Palestinian inhabitants of nearby villages. And according to the agreement with the Migron settlers, the Civil Administration will consider favorably allowing the buildings of the original outpost to remain standing.
The Supreme Court petition is a combination of highway robbery, contempt for Israel's highest court and disregard for international agreements. The Supreme Court's ruling to order the evacuation of Migron by the end of this month was issued after the court had given the state an extension of more than three years to build a new neighborhood for the Migron evacuees in the settlement of Adam.
The new compromise that the Supreme Court has been asked to approve constitutes a prize for Migron's residents, who rejected the Adam compromise - which is itself problematic. The government is now asking the Supreme Court to annul its own ruling and cooperate with the violation of the basic principle of the supremacy of the court. Instead of honoring the government's pledge - according to the peace road map - to evacuate all outposts that were established in the last 11 years and completely freeze settlement construction, the government is now seeking, for the first time since 1992, to build a new settlement in the heart of the West Bank, in order to satisfy the settlers and their political representatives.
According to a Peace Now estimate, the initial planning and establishment of the new settlement will cost the state about NIS 200 million (an average of NIS 4 million per family ).
The government's compromise with Migron's residents puts Israel another step further away from a two-state solution, and from an end to the conflict with the Palestinians. If the Supreme Court grants the state's petition, it will be a precedent signaling to the residents of the other outposts that when it comes to settlers, even the rulings of the highest court in the land are worthless.