Archive for the ‘Judea’ category

The end of an era

January 4, 2018

The end of an era, Israel Hayom, Dr. Reuven Berko, January 3, 2018

Most of the Palestinians in Judea, Samaria, and the Gaza Strip are waking up. The sparsely attended “days of rage” Hamas and the PA initiated over the issue of Jerusalem signal a disappointing finale because the city used to be an issue that would light up both the Palestinians and Arab nations.

The Gazans are sick of Hamas, and in Judea and Samaria they are tired of the corruption in the PA, and once again an interim government devoted to economic issues that would have Israel’s blessing is being discussed. Some reject the militant candidates for Abbas’ position (Majid Faraj and Mohammed Dahlan) as representatives of the same old organizational approach and would prefer Salam Fayyad, who has already proven his ability to make the vision of a flourishing Palestinian society a reality. That might work well for us.

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In the late 1990s, author and political commentator Fouad Ajami published his book “The Dream Palace of the Arabs: A Generation’s Odyssey,” in which he laid out the failures in the worldviews of Arab leaders and their self-criticism as the reason for their lack of achievement.

Two decades later, as 2017 was drawing to a close, the Palestinians’ dream palace sustained three serious blows in quick succession. First, U.S. President Donald Trump declared that the U.S. recognizes Jerusalem as the capital of Israel. This was followed by the Likud Central Committee’s decision to annex the settlements and the Jordan Valley. Finally, the Knesset passed a law that removes the teeth from any future peace deal involving Jerusalem (by requiring a special majority of 80 MKs to vote in favor of handing any part of the city over to any foreign government).

If the Palestinians were to look at them in a sober light, they would see that the U.N. resolutions that followed Trump’s announcement were meaningless. In light of the continuing historic drama that began with the landmark Balfour Declaration, the U.N. resolutions condemning Trump’s announcement carried no operative significance and merely served as a faint echo of the detached institution’s fading anti-Israelism.

The latest provocations from Hamas are not a lust for battle, but an expression of how desperate and lost – operatively, politically, and ideologically – the organization is. This beaten and battered group made an immense investment in missiles and attack tunnels, at a heavy cost to its people. These have become a pointless burden. Hamas is currently in a political situation in which the world is sick of Islamism, and the entities that aid and abet it (Qatar, Iran, and Turkey) are bogged down in their own domestic troubles.

The Palestinian Authority is at the end of an era. PA President Mahmoud Abbas is trying fruitlessly to use a diplomatic atmosphere that is hostile to Israel to wring concessions out of it, while simultaneously avoiding direct negotiations with Israel or recognizing it as a Jewish state. The PA is wasting time trying to paint Israel as an apartheid state through a South Africa-style boycott movement, while continuing to coordinate on security because it is afraid of Hamas.

The Israeli convoy is moving on while the PA is gritting its teeth over absurd demands (Jerusalem as the Palestinian capital and a “right of return” for Palestinian refugees), not realizing the effect the processes at work in the world are having on their delusional dreams. Indeed, Islamist terrorism, the Iranian threat, the breakdown of many countries in the region, the masses of Muslim refugees into sinking Europe, the persecution of Christians in the Middle East – these are the factors that have sidelined the Palestinian problem, which was never the cause of the regional unrest.

As these developments take place, Abbas is claiming that the U.S. is sponsoring an Israeli strategy to eradicate the Palestinians and their irrefutable right to kill off the peace process. A range of voices in Fatah and the Popular Front for the Liberation of Palestine and Hamas – responded to Trump’s declaration and Israel’s decision about Jerusalem and the settlements with the language of a declaration of war that demands that they revoke any recognition of Israel and the peace process and resume resistance (the armed struggle).

Most of the Palestinians in Judea, Samaria, and the Gaza Strip are waking up. The sparsely attended “days of rage” Hamas and the PA initiated over the issue of Jerusalem signal a disappointing finale because the city used to be an issue that would light up both the Palestinians and Arab nations.

The Gazans are sick of Hamas, and in Judea and Samaria they are tired of the corruption in the PA, and once again an interim government devoted to economic issues that would have Israel’s blessing is being discussed. Some reject the militant candidates for Abbas’ position (Majid Faraj and Mohammed Dahlan) as representatives of the same old organizational approach and would prefer Salam Fayyad, who has already proven his ability to make the vision of a flourishing Palestinian society a reality. That might work well for us.

Israel, Trump admin reach understanding on construction

October 9, 2017

Israel, Trump admin reach understanding on construction, Israel National News, David Rosenberg, October 9, 2017

Netanyahu and Trump meet Avi Ohayon/GPO

The official added that Israel has established an unofficial understanding with the Trump administration regarding construction in Judea and Samaria, whereby Israel will build outside of the larger “settlement blocs”, but will limit announcements of large housing projects to once every few months. For its part, the Trump administration has pledged not to issue condemnations of Israeli housing projects in Judea and Samaria.

“After Trump came into office, Israel and the new American administration set clear criteria for construction that the Americans were not opposed to, such as canceling the distinction between settlement blocs and isolated settlements. In addition, it was made clear that the Americans no longer consider the settlements an obstacle to peace.”

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The Civil Administration Higher Planning Committee is slated to meet next week and give final approval to nearly 4,000 new housing units across Judea and Samaria, including the first new construction in the Jewish community in Hevron in some four decades.

On Sunday night, Channel 2 reported that the Netanyahu government has okayed the move, following delays by the Higher Planning Committee, which had originally been scheduled to approve the projects in September.

The new wave of construction, totaling 3,829 homes, includes building in communities outside of the so-called “major settlement blocs”, a significant shift from the limits imposed on projects approved during the Obama administration. Along with larger ‘consensus’ towns such as Ariel and Givat Zeev, the new construction wave includes units in Beit El, Tzofim, Rehalim, Nogohot, Hevron, Tekoa, Kfar Etzion, Avnei Hefetz, Nofim, Kochav Yaakov, Har Bracha, and Maaleh Michmash [Michmas].

According to a government official who spoke with Yediot Ahronot on Sunday, next week’s planned approval for the projects signals the end of the Obama-era condemnations of Israeli housing projects.

The official added that Israel has established an unofficial understanding with the Trump administration regarding construction in Judea and Samaria, whereby Israel will build outside of the larger “settlement blocs”, but will limit announcements of large housing projects to once every few months. For its part, the Trump administration has pledged not to issue condemnations of Israeli housing projects in Judea and Samaria.

“There was a long dry period during the Obama era, and we were hit with condemnations for every construction in the settlement,” the official said.

“After Trump came into office, Israel and the new American administration set clear criteria for construction that the Americans were not opposed to, such as canceling the distinction between settlement blocs and isolated settlements. In addition, it was made clear that the Americans no longer consider the settlements an obstacle to peace.”

State to approve wave of construction in Judea and Samaria

June 2, 2017

State to approve wave of construction in Judea and Samaria, Israel National News, David Rosenberg, June 2, 2017

Construction in Gush Etzion Flash90

The Civil Administration’s Higher Planning Committee is scheduled to meet next week to approve a series of building projects in Jewish communities in Judea and Samaria. Combined, the projects include plans for more than 2,600 housing units.

If passed as expected, this would mark the first time the committee has approved housing projects in Jewish communities in Judea and Samaria since President Trump took office in January.

The hearings will take place Tuesday and Wednesday, and will cover a number of projects which had been blocked out of political considerations, Channel 2 reported.

The projects include housing outside of the major settlement blocs, in towns such as Kfar Tapuah in central Samaria.

Officials in Jerusalem say the housing projects are not likely to elicit criticism from the White House, noting the open lines of communication between the Prime Minister’s Office and the Trump administration regarding Israeli policy in Judea and Samaria.

The Limits of Israeli Power

June 2, 2017

The Limits of Israeli Power, Front Page MagazineCaroline Glick, June 2, 2017

(As to Jerusalem, please see Turkish takeover in Jerusalem. — DM)

Originally published by the Jerusalem Post

Washington and the rest of the governments of the world know that their refusal to recognize Israel’s capital does not endanger Israel or its control of Jerusalem. They are free to bow to Arab pressure, safe in the knowledge that Israel will continue to protect the unified city.

The time has come, at the outset of the second 50 years of Israeli control over Judea and Samaria, for Israel to take matters into its own hands. Our leaders must stop beating around the bush. They need to use the powers they have to secure Israel’s military and civilian interests in Judea and Samaria for the next 50 years as best they can. And they need to stop waiting for someone else to solve our problems for us.

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On Thursday, US President Donald Trump bowed to the foreign policy establishment and betrayed his voters. He signed a presidential waiver postponing the transfer of the US Embassy to Jerusalem for yet another six months.

Ahead of Trump’s move, Prime Minister Benjamin Netanyahu made a last-ditch bid to convince Trump to move the embassy to Jerusalem. But it was not to be.

Israel’s failure to convince Trump to do what he repeatedly promised US voters he would do during his presidential campaign shows the disparity in power between Israel and the US.

Israel lacks the power to convince foreign nations to recognize its capital – much less to locate their embassies there. The US, on the other hand, not only has the power to recognize Jerusalem and transfer its embassy to Israel’s capital whenever it wishes to do so, it also has the ability to convince dozens of other countries to immediately follow its lead.

The disparity between what the Americans can do and what Israel can do was on display on Monday evening in a glittering hall at the King David Hotel in Jerusalem. There, Bar-Ilan University conferred its Guardian of Zion award on former US ambassador to the UN John Bolton. In his acceptance speech, Bolton presented his vision for the resolution of the Palestinian conflict with Israel.

Bolton’s views are important not merely because his past work at the State Department and the UN brought the US some of its only diplomatic victories in recent decades. His views are important as well because of his close relationship with Trump.

Bolton began his discussion Monday evening by rejecting the “two-state solution.” The two-state model, he noted, has been tried and has failed repeatedly for the past 70 years. There is no reason to believe that it will succeed now. This is particularly true, he said, given the lack of Palestinian social cohesion.

Hamas controls Gaza. The PLO, which is supposed to be Israel’s peace partner, barely controls parts of Judea and Samaria. At a time when more cohesive Arab societies are unraveling, the notion that a Palestinian state would survive and advance regional peace and stability is laughable, Bolton argued.

Bolton then turned to his preferred policy for resolving the Palestinian conflict with Israel, which he dubbed “the three-state solution.” Under his plan, Egypt and Jordan would work with Israel to solve the Palestinian conflict. Egypt would take over the Gaza Strip and Jordan would negotiate the status of Judea and Samaria with Israel.

The crowd at the King David responded enthusiastically to Bolton’s proposal. This is not surprising.

Since 1967, Israelis have hoped for Jordan and Egypt to work with them to solve the problem of the Arabs of Judea, Samaria and Gaza who lived under Jordanian and Egyptian occupation from 1949-1967.

Unfortunately, Israel’s support for Bolton’s plan is irrelevant. Israel is powerless to advance it. Israel cannot convince Arab nations to help it resolve the Palestinian conflict any more than it can convince the PLO to cut a peace deal with it.

Like PLO leaders, the leaders of the Arab world know that they cannot help Israel with the Palestinians.

Doing so would involve disowning the Palestinian narrative.

The Palestinian narrative claims that the Jews of Israel are colonialist interlopers who stole the land from the Palestinians, its rightful owners. The narrative makes no distinction between Tel Aviv and Hebron. All of Israel is a crime against the Arab world. All of Israel is illegitimate.

The overwhelming majority of the Arab world believes the Palestinian narrative. For an Arab leader to walk away from it or even to signal an attenuation of his fealty to it in the interest of regional peace would be the riskiest of moves.

Israel has nothing to offer Arab leaders that could induce them to take that risk.

Although it is far from certain, the US may very well have the ability to convince Arab leaders to do so. If Trump decided that this is the way to advance peace in the Arab world, chances are he would make some headway. In other words, Bolton’s three-state plan is a plan that only America can adopt. It cannot be an Israeli plan no matter how enthusiastically the public supports involving Jordan and Egypt in solving the conflict.

Given Israel’s inability to offer the Arabs anything valuable enough for Arab leaders to risk life and limb to accept in exchange for helping to solve the Palestinian conflict, as Israel considers its own options in relation to the Palestinians, it needs to limit its goals to things that it can achieve without them. In other words, the only steps that Israel can take in relation to the Palestinians are unilateral steps.

For the past 50 years, hoping that the Arabs – and since 1993, the PLO – would finally make peace with it and so settle the permanent status of Judea and Samaria, Israel refused to take any unilateral actions in relation to its permanent interests in Judea and Samaria. Rather than apply its legal code to Judea and Samaria, it opted for the stop-gap measure of installing a military government to run the areas on the basis of Jordanian law.

Between 1994 and 1996, Israel canceled the military government in the Palestinian population centers in Judea and Samaria and Gaza. In 2005, when it withdrew, it canceled the residual military government in the rest of Gaza. Since then, the only area that remains under the Israeli military government is Area C in Judea and Samaria. Area C includes all of the Israeli communities in Judea and Samaria, and strategically critical areas including the Jordan Valley, the Samaria mountain range and the south Hebron Hills.

On Tuesday, Prime Minister Netanyahu gave an interview with Army Radio where he set out part of his vision for the permanent status of Judea and Samaria. He limited his statement to the military status of the areas. He said that under any possible future scenario, Israel must retain full security control of the areas. This, he said, is the lesson of Israel’s 2005 withdrawal from the Gaza Strip.

That pullout led to the transformation of Gaza into a Hamas-controlled hub of global jihad. Moreover, under Hamas, the Palestinians turned Gaza into one big, densely populated missile-launching pad against Israel.

While justified, Netanyahu’s position obscures more than it illuminates about his long-term vision for Judea and Samaria.

What does he mean by security control? Would the IDF remain in sole control over Israel’s eastern boundaries or would it serve as an overall coordinator of foreign forces operating along the border? Would IDF forces be confined to fortified positions while the Palestinians reign free in the open areas, as was the case in southern Lebanon in the years leading up to Israel’s disastrous withdrawal in 2000? Or would the IDF have freedom of action and maintain the initiative throughout Judea and Samaria? Moreover, does Netanyahu envision the IDF remaining the only military organization operating in Judea and Samaria in the long term? Beyond the security issues that require clarification, Netanyahu’s statements make no mention of the rights of Jews to live in Judea and Samaria.

Does he believe that Jews should be permitted to live permanently in the areas that Israel controls? If so, why are they subjected to the Jordanian legal code used by the military government and which proscribes their right to purchase land and register land sales? This brings us to the issue of governance. What does Netanyahu think about the military government in Area C? Does he believe that the 50-year reign of generals should continue until the Arabs choose to resolve the Palestinian conflict with Israel? What if this means that the generals will continue to rule over hundreds of thousands of Israeli citizens for another 50 or 100 or 150 years? Does he, on the other hand, prefer to transfer governance responsibility in Area C to the Palestinians and place the nearly 500,000 Israelis in the area under Palestinian control? In the course of his remarks, Bolton noted that if Jordan is responsible for the Palestinians of Judea and Samaria, the issue of Jerusalem will be removed from the equation. After all, if their capital is Amman, Israel has no reason to divide its capital city.

And this brings us back to Jerusalem, which Trump spurned on Thursday.

As is the case today, 50 years ago, Israel had no power to influence the positions of foreign governments regarding its capital city. But in contrast to its decision to establish a military government in Judea and Samaria, Israel didn’t wait for foreigners to give it permission to act where it had the power to act in order to change the status of the city and ensure its ability to govern and control its capital for generations to come.

In 1967, the government voted to expand the municipal boundaries of Jerusalem to include the eastern, northern and southern quarters that had been under Jordanian occupation since 1949.

Everyone benefited from the move – including the foreign powers that still refuse to recognize the simple fact that Jerusalem is Israel’s capital.

Washington and the rest of the governments of the world know that their refusal to recognize Israel’s capital does not endanger Israel or its control of Jerusalem. They are free to bow to Arab pressure, safe in the knowledge that Israel will continue to protect the unified city.

Trump’s decision to sign the waiver delaying the embassy move is a betrayal of his campaign promise, but it doesn’t change the situation in Jerusalem. Last week, Israel celebrated 50 years of sovereignty over its united capital. Jerusalem will be neither more nor less united if and when the US moves its embassy to the capital.

Perhaps Trump will eventually keep his word and move the embassy. Perhaps he will continue to breach his promise. And as far as the Palestinians are concerned, perhaps Trump adopts Bolton’s three-state plan in relation to Judea, Samaria and Gaza. Perhaps he will maintain his predecessors’ slavish devotion to the establishment of a PLO state.

Israel can’t control what Trump will do any more than it can influence what the Arabs will do. And so it needs to take a lesson not only from its bitter experience of withdrawing from Gaza, but from its positive experience of taking matters into its own hands in Jerusalem.

The time has come, at the outset of the second 50 years of Israeli control over Judea and Samaria, for Israel to take matters into its own hands. Our leaders must stop beating around the bush. They need to use the powers they have to secure Israel’s military and civilian interests in Judea and Samaria for the next 50 years as best they can. And they need to stop waiting for someone else to solve our problems for us.

Mainstream Media Distorts Reality on Israeli Settlements

April 4, 2017

Mainstream Media Distorts Reality on Israeli Settlements, Front Page MagazineGideon Israel, April 4, 2017

Reprinted from en.mida.org.il.

Yesterday, Israel’s government approved construction of a new settlement in Judea and Samaria (aka West Bank).  Media outlets CNN, BBC and the NY Times wasted no time publishing stories that distort the truth, if not outright lie.  These mistakes range from offering a false impression of reality to actually getting facts wrong. Such elementary mistakes expose the disconnect between mainstream media outlets and basic truths of the Israel-Palestinian conflict.

For example, CNN wrote that this is Israel’s ‘first new settlement in Palestinian territory in more than 20 years’. The first part of the sentence is misleading and the second part is false.  Israel has not built new communities in Judea and Samaria because it has given numerous chances for the Palestinian leadership to come to the table and reach an agreement. However, the Palestinians continually refused.  Instead, the article leads the reader to believe that this is a new policy meant to stifle any chance for a peace agreement.

The second part of the statement asserts that Israel is building in Palestinian territory. This is because CNN incorrectly believes that Israel has no legal rights to the West Bank. Israel’s legal rights to controlling the West Bank and building communities there under international law have been affirmed  time and again by respected authorities on the subject, including: Professor Eugene Rostow, Professor Julius Stone , Professor Eugene Kontorovich, Professor Avi Bell and more.

BBC wrote that this new settlement is being built after ‘the largest settlement, Amona, was evacuated by police last month.’  Amona, far from being the largest settlement, was probably one of the smallest settlements existing in the West Bank, approximately 40 families. Yet, this gives the impression that even the largest settlement in the West Bank was evacuated, and thus why not evacuate the entire West Bank.

And the New York Times topped it off by cherry picking statements to make it look as if Israel was disrespecting the Trump Administration.  Author of the article, Isabel Kershner, who has been accused of anti-Israel bias in the past, writes that Israel is building settlements despite President Trump’s request ‘to hold off on settlement activity’. Then she writes that ‘the United States has long considered the settlements an obstacle to peace.’ Those two statements are mixing apples with oranges.

The Trump Administration, while suggesting that Israel hold off on settlements for a little bit, explicitly said in a press release that they ‘don’t believe the existence of settlements is an impediment to peace’. This was a clear departure from past US policy, especially under the Obama Administration, yet Kershner ignores that, and prefers to think that Barack Obama is still president.

Kershner also ponders whether Netanyahu’s announcement was potentially a ‘provocative move to scuttle any prospect of a revival of peace talks’. She blatantly disregards the past eight years where Mahmoud Abbas refused to negotiate with the Israelis, and the past 25 years where Palestinian leaders have continually refused all peace deals offered to them. Even more, Kershner ignores the fact that building a new settlement was promised to the residents of Amona before the settlement was evacuated. She should know this, she lives in Israel.

Since the mainstream media continues its anti-Israel bias, here are some important facts to know about the settlements.

  • Jordan illegally occupied the West Bank in 1948, a move strongly condemned by both the Russian and US Ambassadors to the U.N at the time.  Besides for Great Britain and India, no other country recognized Jordan’s rights to the territory.  Thus, when Israel conquered the West Bank in 1967 after Jordan decided to attack Israel at the behest of other Arab leaders, Israel was merely reclaiming the territory that had been granted to them under the British Mandate prior to 1948.
  • Under the Mandate for Palestine, Article 25, it is clear that the eastern border of the future Jewish state would be the Jordan river, many years prior to the imaginary ‘green line’ which has no legal status.
  • The majority of the communities in the West Bank were built on government property, and in the few cases where a mistake was made and a settlement was established on private property, the Israeli government worked to ameliorate the situation by either offering compensation to the owner of the land, or in the extreme case of Amona, the settlement was dismantled.
  • According to statistics from January, 2017, there are approximately 421,000 Israelis living in Judea and Samaria. While many envision the makeup of the population as religious extremists, in reality, the population is made up of 1/3 religious Zionists, 1/3 secular Israelis, 1/3 ultra orthodox Jews.
  • Israel has approximately 150 ‘settlements’ in the West Bank ranging from 100 people to around 70,000 people.  The term ‘settlements’ actually distorts reality as one imagines three tents on a hilltop. In reality, similar to any other country in the world,  Israeli citizens residing in Judea and Samaria live in areas that could be defined as villages, towns, boroughs and cities. For example, Maale Adumim, called a ‘settlement’ by the media and Arab countries, has a population of approximately 42,000 people, comparable to the populations of Atlantic City and Fort Lee located in NJ, and both would not be mistaken for a settlement.  Modiin Illit, with a population exceeding 65,000, is comparable to the population of Palo Alto, California.  Givaat Zeev, with a population exceeding 25,000, is slightly less than the population of Monterey, California, which would never be mistaken for a ‘settlement’ or an ‘outpost’.
  • The reasons for living in Judea and Samaria are varied. Some live there because of ideological reasons, others live there for the countryside atmosphere it provides, and some live there because housing is inexpensive and in close proximity to major cities such as Jerusalem and Tel Aviv. For example, more than 150,000 residents living in Judea are within a 15 minute drive of Jerusalem.  Just as some people choose to live in Hoboken, NJ, so they can be close to NY without paying Manhattan prices, the same applies for Israelis to living in Judea and Samaria.
  • Judea and Samaria is home to one of Israel’s eight universities – Ariel University. There are approximately 15,000 students (Jewish and Arab) that attend the University, comparable to the size of Duke University in North Carolina.
  • There are approximately 11,000 Arabs who work in over 800 factories spanning 14 industrial parks in industry and agriculture throughout Israeli controlled parts of the West Bank.  Salaries of Arabs working in these factories are more than double the average salary of Palestinians working in the Palestinian controlled areas, and according to a ruling by Israel’s Supreme Court, they are entitled to pension benefits just like Israelis.
  • The Palestinians have benefited tremendously since Israel took over the West Bank in 1967.  From 1967 until the signing of the Oslo Accords, Palestinian life expectancy increased from 56 to 68 years and infant mortality dropped from 13 to 5 deaths for every 1000 infants. Israel’s presence in the West Bank led to a massive overhaul of the infrastructure bringing electricity, sewage and increased amounts of water to Arab towns.
  • Israeli companies with factories in the West Bank have been targeted by the BDS movement, however the Arab workers are the ones who suffer most from these boycotts.  Sodastream was targeted by the BDS because of their West Bank factory, and eventually it moved its factory outside the West Bank.  As a result, almost 600 Palestinian workers were laid off.
  • Judea and Samaria has about one million visitors each year, and more than 80% of the events in the bible happened in the area of Judea and Samaria.

All About Amona

November 24, 2016

All About Amona | Anne’s Opinions, 24th November 2016

(Human rights work only in one direction apparently, not only outside of Israel, but even within its own judicial system. Why is it that the word of Palestinians is automatically taken at face value, whereas the words of Jewish settlers are immediately suspect? The injustice eats away at me. –anneinpt).

 

A very menacing caravan in Amona

A very menacing caravan in Amona

The community of Amona in the title has been the subject of much controversy over the past couple of years, reaching a head in the last couple of months.

The background to the story is a familiar one in the Israeli domestic landscape. (One caveat – I am writing from memory because I’m having a problem finding links in English. If I have facts wrong, please correct me in the comments and I will edit the post accordingly).

A small settlement, consisting of only about 40 families, was established with government permission or at least without official rejection. The land was purchased by the Jewish settlers (there, I said the bogey-word!) and all was quiet for 20 years (!) until an Arab “owner” was found by Israeli leftists who can’t bear the idea of Jews returning to their ancestral homes. This ostensible Arab owner suddenly “remembered” that part of the land is his and laid a claim to it.

The case went to court, which is where it has been bouncing around ever since. Israel’s hyperactivist High Court ruled in favour of the Arab (of course – it is very rare for the High Court to ever rule in the Jews’ favour). The Israeli government was duly horrified and has tried various tricks of the political trade to try and mitigate the High Court’s ruling.

These tricks have included legislation to retroactively legalize all settlement outposts, (which Sweden expressed deep concern over, as if they have nothing better to be concerned about in their refugee-infused crime-infested cities), setting up a “Cyprus commission” to examine competing land claims in a manner similar to the commission set up in Cyprus to arbitrate between Greek and Turkish claims, and assorted other delaying tactics.

The High Court ordered that compensation be paid to the Arab owner, in which case there is no reason to destroy the community.

Nevertheless it now looks like Amona is going to be destroyed because after all, you cannot have actual Jews living on Jewish land in the Jewish State can you? The world would never be the same!

A very menacing Amona resident with her 2 very dangerous children

An Amona resident with her 2 children

Adding insult to injury, when the government came up with a plan to move the Amona houses a few hundred yards up the road, the US State Department objected to that too! There is no pleasing those Jew-hating politicians.

Meanwhile, the demolition of an illegal Bedouin village in southern Israel has been delayed (via Reality) because of the objections of human rights activists. I wonder if those activists will turn up at Amona on demolition day. Or do human rights only apply to Arabs, and not to Jews?

For more reading on this very painful subject (which I admit I have been avoiding precisely because the outrage at the injustice of the decisions so upsets me), here are some illuminating articles:

Here are eight crucial things you need to know about Amona: (via MP):

1. Jordan had no right to parcel out lands
When the Amona case first reached the Supreme Court, a representative of the land registrar for the IDF Coordinator of Government Activities in the Territories (COGAT) argued that despite the fact that the location was a bald and abandoned mountaintop, there existed documented parcels of land which had been registered by the Jordanian government as belonging to area sheiks and clans. However, as an invading and occupying power, Jordan had no right to award these lands. Jordan’s rule over the “West Bank” was not recognized by the vast majority of UN member states save for the UK and Pakistan, and so this local Arab “ownership” is based on a lie.

2. Only 0.5% of the Amona land is registered to private Arab owners
… in Jerusalem Magistrate Court it was discovered that out of the nine Arab petitioners, seven own land that is entirely outside the Amona perimeter, and have had no problem working their land had they been so inclined. The remaining two owned only a sliver – about half an acre altogether, out of the 125 acres of the Amona territory – less than .5%. The remaining land is registered to names of non-existent people who do not appear in the 1967 census.

3. COGAT didn’t differentiate between the parcels with known and unknown ownership
Despite the above facts, the COGAT prosecution related to the parcels whose owners are unknown as being privately owned, declaring that some 15 acres in the southern part of the settlement belonged to real private owners. They then told the court that, in fact, there was no difference between the various parts of the community and that the half-acre that became 15 acres was, in effect, indistinguishable from the rest, and the entire community had to come down.

4. The Settlement Arrangements Act does not violate international law
Regarding the Settlement Arrangements Act, which the left, as well as senior Netanyahu cabinet officials, are saying violates international law, former Tel Aviv University president and international law expert Prof. Yoram Dinstein has argued that “when an occupier appropriates the power to legislate in an occupied territory, said power belongs to the occupying state and not to one of its organs (COGAT).” […]

5. International law compels Israel to care for the rights of Jewish and Arab resident
Another popular argument against the Settlement Arrangements Act is that it violates international law because it sanctions the impounding of Arab owned land for the sake of a Jewish community. However, it has been noted that international law compels the occupier to care for the needs of all the civilians under its rule, Jews and Arabs alike, and the right of a government to expropriate private property for public use, with proper payment of compensation (eminent domain) is inherent in exerting such care.

6. The Settlement Arrangements Act is consistent with the pre-67 law in Judea and Samaria
… the Settlement Arrangements Act is consistent with the legal systems that were in use in Judea and Samaria before 1967. Both Ottoman law and Jordanian law determine that in a case where a man built and planted in good faith land belonging to another, should the value of the construction exceed the value of the land, the land owner is compelled to receive compensation.

7. Israel legislates retroactively when needed
Another argument against the Settlement Arrangements Act is that it retroactively alters a court ruling. But the state of Israel regularly legislates retroactively, as in the amendment that reversed many hundreds of court sentences of Arab terrorists, to facilitate the Gilad Shalit deal with Hamas.

8. The Settlement Arrangements Act is not unconstitutional
Finally, the most crucial argument against the Settlement Arrangements Act is that it is unconstitutional – the constitution in this case being Israel’s Basic Laws. Setting aside the paradox whereby one Knesset law is inapplicable in the territories while the same Knesset’s basic laws are applicable – does Israel’s basic law really dictate that 40 families with their 200 children who have lived in Amona for 20 years be evicted to satisfy the alleged rights of two claimants who own less than .5% of the land and have never lived there? Has the court become so immoral as to be the enemy of its constituents without any foundation?

Caroline Glick, always a very worthwhile read, writes about Amona and the rule of law: She succinctly summarizes the issue and points out the naked bias in the court’s ruling: (emphases are added):

Yehuda Yifrach reported Friday in Makor Rishon that once the suit was filed, the Jerusalem District Court acted to ascertain the actual scope of the ownership rights under question. It was determined that a mere half-acre of Amona was built on lands to which the Palestinians made claim. The rest of their claims pertained to land outside of the community altogether.

In other words, once the actual claims of ownership were examined it worked out that a mere fraction of the community was built on privately owned land. It further worked out that the precise areas that were owned by claimants are non-contiguous and indiscernible, but all were generally located on smidgens of plots on the southern side of the community.

Others have disputed Yifrach’s findings. But that is part of the problem of ascertaining the validity of ownership claims.

At any rate, as Yifrach noted, rather than say that the owners would be compensated for the half acre, whose specific locations were unclear, the Attorney General’s office decided that all the plots that included privately owned land had to be destroyed. Thus the Attorney General’s lawyers magically transformed a half acre into 15 acres, covering the entire southern part of Amona.

The government then decided it would raze only the homes located on those 15 acres and move the families to new homes in Amona on undisputed plots in the northern half of the community.

The Supreme Court would have none of that, however.

The justices insisted that their initial decision that all 60 acres be razed to the ground still stands.

Glick next addresses the Arrangements Law, which was intended to legalize or regulate “illegal” outposts:

Given the specious nature of Mandelblit’s legal reasoning, it is difficult to avoid the conclusion that in writing his opinion he was not acting as a lawyer, but as a political activist. Mandelbilt’s purpose was not to protect the rule of law – which his opinion ignores and distorts. Rather his goal was to protect the rule of lawyers who use their positions as officers of the court to advance their political agenda.

Faced with the specter of Mandelblit’s legally unsupported “legal” opinion, Prime Minister Benjamin Netanyahu first tried to get the court to delay the deadline for destroying Amona for several months.

Unsurprisingly, the court, which is fighting not for justice but to prove that it is more powerful than the government, rejected his request.

Caroline Glick’s conclusion is one that we should all pay attnetion to – but unfortunately I am pretty sure our government won’t and certainly our judicial system will studiously ignore:

The timing of this showdown between the rule of law and the rule of lawyers couldn’t be worse. It comes in the twilight of the Obama administration which has shown consistently that the actual legal basis for Israel’s actions in Judea, Samaria and Jerusalem is irrelevant.

President Barack Obama and his advisers condemn every action Israel takes because they oppose Israel’s presence in the areas for ideological reasons that have nothing to do with law.

Unfortunately, we can’t always pick the timing of our great battles.

Mandelblit and his comrades have left our lawmakers no choice. They must pass the Arrangements Law, and override Mandelblit. This is the only way to ensure the Knesset’s position as Israel’s lawmaking body is respected.

This is the only way to secure Israel’s position as a nation governed by the rule of law, rather than the rule of unelected, unaccountable lawyers.

It is as much the empowering of our enemies (including our enemies within) as the judicial outrage which infuriates me. “צדק צדק תרדוף”, “Justice, Justice shall you pursue” we are enjoined by the Torah. But the Torah did not mean that we should pursue justice right out of our system.

Justice should be meted out to Israeli Jews as well as to Palestinians. Someone should remind our holier-than-thou activist courts of this point.

Cutback of Israeli troops on West Bank led to upsurge of Palestinian terror. Four Israelis dead

October 4, 2015

Cutback of Israeli troops on West Bank led to upsurge of Palestinian terror. Four Israelis dead, DEBKAfile, 11:55 PM IDT, October 3, 2015

Old_city_stabbing_D_3.10.15Child saved in Jerusalem stabbing attack

Amid a wave of terror that has hit Jerusalem, Judea and Samaria during the holiday of Sukkot, and which has already resulted in the murder of four Israelis, it is necessary to point a finger at  some senior IDF officers and members of the Israeli security establishment as partially responsible.

Putting all political issues aside, we point to a decision by IDF Chief of Staff Gady Eisenkot to reduce the number of IDF forces in Judea and Samaria so as to detach them for other missions, that we are unable to reveal here. It was a serious error for Prime Minister Benjamin Netanyahu and Defense Minister Moshe Yaalon to approve the troop reduction in the face of warnings regarding a surge in terror attacks, especially in Jerusalem.

Yaalon and Eisenkot corrected this error on Thursday, October 1, immediately after the murder of Eitam and Na’ama Henkin by killers who appeared to function like professionals. They ordered the immediate redeployment of four battalions to flashpoint areas in Judea and Samaria.

There is no way to immediately turn the clock back and restore security to these areas overnight. It will take time and, meanwhile, there more terror attacks are foreseen in the near future.

The general feeling in some military quarters is that the commanders responsible for security in Judea and Samaria and Jerusalem, down to the heads of regional brigades were not the right choices for dealing with complex and sensitive security situations.  The officials who made those appointments must be held responsible for incorrectly presuming that the situation in those areas would stay calm in the long term and therefore failing to instal officers best able to handle the current threats.

In the space of 48 hours, during the Jewish festival season, two pairs of Israel parents were attacked by Palestinian terrorists. After gunmen killed the first couple Eitam and Na’ama Henkin in a drive-by ambush near Alon More Thursday night, a second couple and their two-year old child were knifed in the Old City of Jerusalem Saturday night, Oct. 3 by a another Palestinian terrorist on their way to the Western Wall. They were among a large crowd thronging through the main street to the Kotel.

The father and a second man died of their injuries before reaching hospital, the mother is in grave condition.. The child was struck in the foot. A fourth victim is in very serious condition. After his stabbing attack, the terrorist snatched the sidearm of one of his victims and began shooting at passing tourists before Border Guards police cut him down. The dead terrorist has meanwhile been identified as Muhand Halabi, 19, from El Bireh near Ramallah.

Jerusalem is beset for some weeks now by fast escalating aggressive Palestinian terror.The heavily beefed up forces of Border Guards and IDF troops are clearly failing to staunch or avert the rising violence.

The fatal stabbing attack in Jerusalem Saturday followed two overnight attacks elsewhere in the city: gunfire on an Israeli vehicle near Maale Adummim. In the southern district, gunshots from Jebel Mukabar reached the neighboring Jewish neighborhood of Nof Zion. No one was hurt in both these incidents. Saturday night, there was more shooting from Jebel Mukabar.

Police have imposed a curfew on the Old City of Jerusalem and shut all the gates to Temple Mount.

The large-scale army raid of Nablus in pursuit of the murderers of Eitam and Na’ama Henkin has rounded up a number of suspects.