web analytics
August 30, 2015 / 15 Elul, 5775
At a Glance
News & Views
Sponsored Post


Misplaced Hysteria Over Israel’s ‘Land Appropriation': No Appropriation Possible

Hysteria over 'land appropriation" by Israel made headlines around the world. But Israel did nothing of the sort.
Eugene Kontorovich

Legal scholar Eugene Kontorovich
Photo Credit: YouTube

In a very important article on Commentary’s online site, legal scholar Eugene Kontorovich takes on those who immediately began bloviating about Israel’s “land appropriation” or “land grab” when rumors spread that Israel was about to make some change in the status of a certain tract of land in the Gush Etzion region.

The United States and the United Nations, of course, both condemned Israel for “appropriating” the land, as did untold numbers of commentators, journalists and anti-Israel activists.

There were even some who place themselves on the pro-Israel side of the ledger who condemned the move. None of these critics bothered to determine whether Israel had done anything approaching what it was for which the Jewish state was being blasted.

As Kontorovich explains, what Israel did was declare specific open, uncultivated areas near what is known as the “Green Line” as state land. Doing so did not constitute an “appropriation” of land that belongs to Palestinian Arabs, and it would not result in an expansion of those dreaded Israeli “settlements.”

Why?

Because, as the legal scholar explains, Israel’s determination that the land in question is state land is simply a “factual, administrative finding that does not change the ownership of land.”

Much of the land in the  region southeast of Jerusalem has no private owners. Defining that land as state land requires the determination, “based on extensive investigation,” that the land does not have a private owner.

An “appropriation,” on the other hand, involves taking something that is someone else’s.

A determination that land is “state land” is a factual finding made by administrators and it does not change the ownership of land.

Perhaps even more importantly, “Israel’s designation of the land as state land can be challenged administratively and judicially, as Palestinian claimants often do, and sometimes prevail,” Kontorovich explains further.

In other words, nothing has been taken from anyone, or given to anyone. The “state land” determination does not create any new facts on the ground or change ownership. So back off Obama, Tzipi Livni, the New York Times and all the others who  jumped on the bandwagon without bothering to find out if what they were complaining about is true.

So, the next time you hear that Israel is “appropriating” “Palestinian land,” please check out the legal determination made and make sure you know what are the accurate terms for the action (if any) taking place.

About the Author: Lori Lowenthal Marcus is the US correspondent for The Jewish Press. She is a recovered lawyer who previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: Lori@JewishPressOnline.com


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

14 Responses to “Misplaced Hysteria Over Israel’s ‘Land Appropriation': No Appropriation Possible”

  1. hysteria is not the truth

  2. noone reallly cares isis is chopping heads hello! it isnt 1997

  3. Shaylee Rose says:

    Israel can’t appropriate any “palistinian land” because there is no palestine and G-d gave all that land to the Jews anyway. people are just idiots.

  4. By “world” you mean ing morons like Obama and Cameron

  5. Let Israel have Surya and Jordan for the sake of peace in Middle east.

  6. Let Israel have Surya and Jordan for the sake of peace in Middle east.

  7. UN Security Council Committee vote on draft (A/C.4/68/L.17).

    Extract: “Reaffirms that the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development…”

  8. You don't think like a commoner:

    http://www.thinklikeacommoner.com/

    You don't understand what the commons is:

    http://wealthofthecommons.org/contents

  9. Chaiya Eitan says:

    Bookmark this in order to respond to Twitter/FB comments.

  10. Of course is Land of no body, cause you dont want Palestine be a country. ers.

  11. Walter Schnickaumsquable Schaff says:

    It was published that way by politicians to lend creadence to the Hamas owned Palistanian group to enforce the belief that because they defend themselves against Palistanian rockets they are evil and even steal land.
    .

  12. Siuyin Ho says:

    This land is not even 'state land' – rather, it is land belonging to the TRADITIONAL CUSTODIANSHIP OF ISRAEL! So, on these grounds – no appropriation by Israel is possible as it is just not logical that traditional owners could ever 'appropriate' land belonging to them. The side who is trying to say that Israel 'appropriated' the land is wrong just as much as the side who is trying to monopolize the situation with the equally falicious argument that the land is 'state land' is wrong.

  13. Ahsan Shariq says:

    Siuyin Ho According to your occupation, you are somehow related to or sympathize with the First Nations cause. I don't understand how you can take the side of an oppressor. If you're indeed sympathetic with the First Nations cause or have witnessed the trauma firsthand, you should know better than to side with colonialists who will stop at nothing to exploit the defenseless. At least the First Nations could put up an armed struggle!

Comments are closed.

Current Top Story
Rescue workers treat a man shot by Palestinian Authority terrorists in Samaria Sunday.
1 Injured in Drive-by Shooting Terror Attack Near Kedumim
Latest News Stories
Dr. Oliver Sacks.

Dr. Sacks was one of the greatest, if not the greatest, neurologists.

"Shirley Temper" looking at the cameraman.

Arab readers of the Arabic version of Aljazeera responded with astonishment at the restraint shown by an armed Israeli soldier, who was filmed while a group of female villagers physically assaulted him during a rally.

Rescue workers treat a man shot by Palestinian Authority terrorists in Samaria Sunday.

Palestinian Arab terrorists shot and wounded an Israeli driver on the road near Kedumim.

A brush fire was prevented from becoming a wildfire in the Galilee region.

Firefighters in Galilee were able to stop a brush fire on Sunday from spreading into a wildfire.

An Israeli woman has allegedly flown to Turkey to cross the border into Syria to join ISIS.

PM Netanyahu told Italian PM Renzi during weekend talks in Florence Israel does not object to a “civilian” nuclear program in Iran.

The car headed towards a group of four soldiers in Hebron, striking one.

The ruler of the Principality of Monaco, Prince Albert II, on Thursday issued a formal apology for his country’s role in deporting Jews to Nazi death camps during World War II.

Speaking to Jewish leaders and the American Jewish community on Friday afternoon, President Barack Obama said he’s had arguments with the Israeli leadership because he considers them his friends.

She denies that her criticism of Republicans wanting to put immigrants in “boxcars” was a reference to the Holocaust.

Iranian President Rouhani said Saturday the parliament should not vote on the nuclear deal so that it will not become a legal obligation.

The airport workers; committees new excuse to shut down the airport is to hold a solidarity strike with the Israel Broadcasting Authority.

The daily also accuses the US of being the “biggest settlement country” that “enslaves millions of Hispanics.”

Swiss Ambassador Portrays U.S. and Iran as doves of peace defecating on Netanyahu.

He will arrive Sunday and will be “updated on strategic issues,” meaning Iran.

The boundary, enabling Jewish students to carry on Shabbat, will be made of plastic “lechies” on utility poles.

More Articles from Lori Lowenthal Marcus
Swiss Amb. to Iran Giulo Haas presents his credentials to Iranian Pres. Rouhani

Swiss Ambassador Portrays U.S. and Iran as doves of peace defecating on Netanyahu.

State Department Spokesperson John Kirby. Aug. 27, 2015.

A report by the entity responsible for ensuring the peaceful development of nuclear energy worldwide and the one upon which the world depends for monitoring Iran’s nuclear activity revealed that over the past few months Iran has been working on and adding to a building at its Parchin site. Parchin is an Iranian military complex located southeast of Tehran. It […]

The Donald and the Cruz together against Iran on Sept. 9 at D.C. rally.

Maloney said that despite the administration’s diplomatic efforts, she could not support the Nuclear Iran Deal.

190 military officers signed a letter to the Congressional leadership, warning against the Nuclear Iran Deal.

Billboards up in Baltimore calling on Maryland Senators Cardin and Mikulski to vote against the Nuclear Iran Deal.

Tehran ‘rejects the existence of any Israeli on Earth’ and told the P5+1 that during JCPOA negotiations.

How they vote in September (on the Iran deal) will be remembered in November, is the message to US legislators.

Printed from: http://www.jewishpress.com/news/breaking-news/misplaced-hysteria-over-israels-land-appropriation-no-appropriation-possible/2014/09/05/

Scan this QR code to visit this page online: