web analytics
February 27, 2015 / 8 Adar , 5775
At a Glance
News & Views
Sponsored Post


Outposts Committee Report: Judea and Samaria Are Not Occupied Territories

Former Justice Edmond Levy's committee report declares Israel's legal right to own Judea and Samaria.

Former Justice Edmond Levy's committee report declares Israel's legal right to own Judea and Samaria.
Photo Credit: Photo by Kobi Gideon / Flash90

Judea and Samaria are not under occupation rule. This is the central finding of the “Outposts Committee” which was appointed to examine the legal status of Israel in Judea and Samaria, according to the daily Makor Rishon. The committee members, former Supreme Court Justice Edmond Levy, Circuit Judge Techia Shapira and jurist Dr. Allan Baker, this week have concluded the writing of their report which suggests adopting a new and old judicial framework regarding Israel’s status in Judea and Samaria.

The committee analyzed the historic and legal background of Judea and Samaria and concludes that the belligerent occupation approach must be discarded as reflecting Israel’s status in those areas. According to the committee’s approach, Judea and Samaria were in a judicial vacuum before the Six Day War. The reason was that the Kingdom of Jordan, which held those territories, did so against the rule of international law, and its sovereignty over them was recognized solely by Great Britain. Since Jordan was not the legal sovereign, the report argues, the territories cannot be defined as occupied in the legal sense of the word.

In addition, the committee offers a string of arguments showing that Israel itself has a legal connection to those territories, which is another reason why it is not an occupier.

The 90 page report, including addenda, discusses at length the issue of the outposts. Levy, Baker and Shapira fundamentally reject the legal line used by Attorney Talia Sasson in her report on the outposts. To their understanding, the vast majority of outposts can be defined as legal, since they are within the master planned areas of legal settlements whose establishment was approved by the government.

The committee further recommends that the Nature and Parks Authority declare thousands of acres in the Judea and Samaria as national parks, to facilitate the preservation of their environmental resources.

With the conclusion of the committee’s work the ball returns to the court of Prime Minister Netanyahu and Justice Minister Ne’eman, who ordered the report. Prior to the committee’s appointment the Attorney General informed Netanyahu that the judiciary is not obligated to follow its conclusions. Netanyahu told committee members that he wishes to read the report before deciding on his next steps.

The next phase is expected to include bringing the report before the Ministers Committee on the Settlements, but the main question remains whether Netanyahu and Ne’eman will be able to force the judiciary system to adopt its recommendations.

It should be noted that committee members belong to Israel’s judicial elite. Chairman Edmond Levy was considered unique among Supreme Court justice in his sensitivity to social issues. Techia Shapira is a sitting Circuit Judge in Tel Aviv. Dr. Allan Baker is an expert on international law and served as legal consultant to the foreign office. Among other things, he participated in formulating the Oslo Accords.

About the Author:


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.

13 Responses to “Outposts Committee Report: Judea and Samaria Are Not Occupied Territories”

  1. Leah Laker says:

    This needs to be read and shared. Anyone who knows history can only reiterate that land held under Jordanian control cannot be considered "occupied" by Israel.

  2. Rc Fowler says:

    The land of Israel–is God given–and belongs exclusively to the Jews!

  3. Nathan Warszawski says:

    The problem is not in the land, but in the people.

  4. It's written that "According to the committee’s approach, Judea and Samaria were in a judicial vacuum before the Six Day War. The reason was that the Kingdom of Jordan, which held those territories, did so against the rule of international law"…. so how can anyone get from it that the land cannot be occupied by Israel? Prior to that it was a Jewish land.

  5. Bear Klein says:

    Judea and Samaria are the eastern part of the State of Israel!

  6. Charlie Hall says:

    "the Kingdom of Jordan, which held those territories, did so against the rule of international law, and its sovereignty over them was recognized solely by Great Britain."

    This is not entirely true. While only two countries (the UK and Pakistan) recognized the *de jure* annexation of Judea and Samaria by the Hashemite Kingdom of Jordan. But in fact, every country in the world respected the Jordanian passports granted to its residents, and accepted the civilian government there — including Medinat Yisrael, which continued to have Jordanian civil servants perform governmental functions, including schools with Jordanian textbooks. Israel even accepted the Jordanian government's expropriation of private property such as the Rockefeller Museum. Essentially, the world — including Israel — recognized the *de facto* rule by Jordan.

  7. Also, who cares? It's not Israel vs. Jordan, as Jordan no longer claims the WB. It's Israel vs. Palestine and the entire world accepts the Palestinian right to the WB, with Israel's being entitled to some minor territorial modifications.

  8. In 1967, then legal counsel to the Israeli Ministry of Foreign Affairs Theodor Meron said that not only was it an occupation, but it was a violation of the Geneva Conventions. My how 45 years of war crimes changes one's tune.

    http://southjerusalem.com/wp-content/uploads/2008/09/theodor-meron-legal-opinion-on-civilian-settlement-in-the-occupied-territories-september-1967.pdf

  9. prior to 1948 when jordan took possession of the west bank, the land was NOT "jewish," it was ENGLISH. and those territories were stipulated to be part of the palestinian partition.

  10. according to the torah, the land belongs to the descendants of abraham, who are not exclusively jews!

  11. This ruling also ignores and invalidates every single international agreement relating to the Israeli-Palestinian conflict Israel has ever signed.

Comments are closed.

Current Top Story
Said Arikat, al-Quds Washington, D.C. reporter. Jan. 29, 2015
Said Says (Falsely): ‘Israel flooding Gaza with Waste Water’
Latest News Stories
Underground tunnel found near the Egyptian border. Archive photo.

Learning lessons from Protective Edge, Israel is building an underground training field, and will train special units in tunnel warfare.

Israel Nature and Parks Authority Director-General Saul Goldstein at the inauguration of the new Israel Bike Trail's southern segment this week.

The unique desert landscape that covers large parts of Israel allow for its positioning as a leading destination for cyclists, with a comfortable climate year-round and spectacular desert scenery.

Said Arikat, al-Quds Washington, D.C. reporter. Jan. 29, 2015

Once again al Quds’ Said Arikat used the State Dept. Briefing room to slander Israel with false “facts.”

President Barack Obama.

“If no one is infallible, how is it possible that Netanyahu in his opposition to a potential Iran deal is wrong and you guys are all right?”

US Intelligence Chief Says ISIS ‘low priority’ for Turkey.

Thousands of ultra orthodox Jews attend the wedding of the granddaughter of the rabbi of the ultra orthodox Jewish Kretchnif dynasty in Kiryat Tsanz, Netanya.

Kerry not only is evading Netanyahu but also is trying to upstage him.

House Speaker John Boehner asserts next week’s speech to Congress by Israeli PM Netanyahu won’t hurt US-Israel relations.

Jordan and Israel signed an historic agreement Thursday to implement the Red Sea-Dead Sea rescue pipeline project.

National Security Adviser Susan Rice and US Ambassador to the UN Samantha Power will represent the Obama administration at AIPAC next week.

A NYC jury has convicted Al Qaeda’s ‘minister of communications’ on charges connected to the 1998 bombing of a US embassy in East Africa.

Netanyahu to meet with bipartisan congressional leadership before he addresses the joint session of Congress on March 3.

Jihadi John, the British beheader in Daesh-land (Islamic State) has been tentatively identified as Mohammed Emwazi, a Brit, born in Kuwait, who grew up in West London and has a degree in computer programming. His former friends who have identified him, and are positive its him.

An Arab tried to stab an IDF soldier at the Gush Etzion junction on Thursday evening.

“It is a development that I did not expect five years ago and that’s a bit shocking.”

More Articles from Eyal Schwartz
Former Justice Edmond Levy's committee report declares Israel's legal right to own Judea and Samaria.

Judea and Samaria are not under occupation rule. This is the central finding of the “Outposts Committee” which was appointed to examine the legal status of Israel in Judea and Samaria.

A Jewish Norwegian boy's neck was firebranded by a coin last Monday.

The Jewish boy’s mother said the attacking students had heated the coin on a BBQ grill and pressed it onto the boy’s neck, burning through to the flesh. “They say they are going to kill all the Jews, and use offensive language such as ‘Jewish pigs’ and ‘Jewish Satan,’” she said.

American actor, film director, producer, screenwriter, fashion designer, and occasional professional wrestler David Arquette is in Israel to film a segment in the popular Travel Channel series “Mile High.” On Monday he celebrated his bar mitzvah at the Wailing Wall.

Printed from: http://www.jewishpress.com/news/breaking-news/outposts-committee-report-judea-and-samaria-are-not-occupied-territories/2012/06/24/

Scan this QR code to visit this page online: