web analytics
April 25, 2014 / 25 Nisan, 5774
At a Glance
News & Views
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



High Court: Obeying the Law Not Enough to Establish Jewish Ownership in Judea and Samaria


Retired Chief Justice Dorit Beinisch continues to preside over her unfisnished cases

Retired Chief Justice Dorit Beinisch continues to preside over her unfisnished cases
Photo Credit: Miriam Alster/Flash90

Share Button

The Israeli High Court of Justice ruled late Tuesday night that a Jewish inhabitant of a tract of land near the community of Kedumim in Samaria can no longer use the existing legal framework as the basis for his ownership of the land.

The High Court accepted the petition brought by three Palestinians – which was filed by Yesh Din (an anti-settlement non-profit organization) and later joined by the State Prosecutor’s Office, stating that Michael Lesens must evacuate the tract within a month, and ordering the Civil Administration of Judea and Samaria to oversee and enforce his eviction. Lesens was also ordered to pay the Palestinians NIS 20,000 in compensation.

The petitioners claimed that Lesens planted crops, installed an irrigation system, and fenced in the tract against the orders of the Civil Administration. Lesens, for his part, cited Section 20 of the Ottoman Land Law to argue that because he and others had cultivated the land for more than 10 years, the statute of limitations had expired, and claims against his assumption of ownership could no longer be asserted.

But the bench – comprised of Supreme Court President Dorit Beinisch (who, though retired, continues to preside over cases that were initiated prior to her retirement), Edna Arbel, and Miriam Naor – stated that Lesens had not proven to the court that he had cultivated the land for over 10 years, and even if he had, he would still be required to demonstrate that he had “honestly taken” possession of the land in question.

It is precisely this part of the decision that has left-wing organizations cheering and nationalists fuming – as the court appeared to set a new precedent by creating an additional evidentiary hurdle to asserting ownership, and -in effect- mandating that one could no longer obtain ownership of land in Judea and Samaria under the prevailing law.

Aside from its demonstrable departure from the current law on the books, the new court-ordered requirement is somewhat dubious, as it will likely be difficult for Jews claiming ownership to provide proof that they acquired the land using honest means; especially considering the subjective nature of the requirement and the often-hostile relations between Jews and Palestinians in Judea and Samaria.

The practical ramification of the ruling is that it will allow the Civil Administration to order the eviction and evacuation of Jewish inhabitants from hundreds of thousands of dunams in Judea and Samaria.

Parliamentary Adviser to National Union MK Jacob Katz “Katzele” Jeremy Man Saltan told the Jewish Press that many nationalist MKs are concerned that “the Supreme Court is trying to change the meaning of the Ottoman Law itself (the old Ottoman Empire law from which the Israeli legal system has evolved), instead of asking the Israeli legislator to pass its own version.”

“The law is very clear,” Saltan added, “and people are really shocked that the Supreme Court has gone from changing Israeli laws that don’t meet their standards as they relate to Basic Laws, to changing the Ottoman laws outright.”

Share Button

About the Author: Solomon Burke is a regular contributor to JewishPress.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.

No Responses to “High Court: Obeying the Law Not Enough to Establish Jewish Ownership in Judea and Samaria”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Will Starbucks hire Boycott Movement officials when they find themselves out of work?
Starbucks-SodaStream Link Would Help Destroy BDS
Latest News Stories
Tzipi Livni 2

Even after the Hamas-Fatah reconciliation, Tzipi Livni won’t give up on her obsession with negotiating with the Palestinian Authority – “the door is still open.”

The Association of Tennis Professionals World Tour will play this year in Israel, the first time that Israel has hosted an ATP tournament since 1996, according to the organization. The tournament, offering $1 million in prize money, will take place at the Israel Tennis Center in the Tel Aviv suburb of Ramat HaSharon Sept. 15-21 […]

Will Starbucks hire Boycott Movement officials when they find themselves out of work?

The Boycott Movement, like the Palestinian Authority, is slowly but surely dissolving itself.

The Israeli security cabinet unanimously decided today that Israel would not negotiate with a Palestinian government backed by Hamas, the terrorist organization that calls for Israel’s destruction. Considered a severe blow to peace talks, the ‘historic’ Hamas-Fatah unity pack was announced on Wednesday following a seven-year power struggle between the two factions. After Hamas’s victory […]

Ostrovsky was beaten and blindfolded during his captivity

Northeastern University has provisionally reinstated the Students for Justice in Palestine chapter on campus. The SJP chapter will remain on probation through January 2015, according to a notification letter from Dr. Laura A. Wankel, the university’s vice president for student affairs. Students for Justice in Palestine was suspended from campus on March 7 for at […]

HAS and El Al are no longer flying the friendly skies together – and loyal customers are getting hurt the most.

Ellen Degeneres gave away SodaStream products to audience members as an eco-friendly Earth Day gift.

Turkey “will strongly support the reconciliation agreement and offer all humanitarian aid” for the Hamas-Fatah unity government that was announced Wednesday,  Turkish Foreign Minister Ahmet Davutoglu told Gaza’s de facto prime minister Ismail Haniyeh. Turkey’s Prime Minister Recep Tayyip Erdogan became a fan of Hamas five years ago, at the same time relations with Israel […]

Two worshippers in a synagogue on Passover saved a child from death in a burning car that exploded shortly after the rescue. The worshippers rushed to the burning vehicle after hearing the family’ scream for help, and they found the toddler strapped in a car seat. The worshippers, Moshe Kupperman and a second man, identified […]

At the press conference with the Israeli reporters, Abbas threatened to cancel the Oslo Accords, dismantle the Palestinian Authority, and force the Israeli government to pay the salaries of PA employees and the police.

A survivors’ daughter serving in the IDF brings pride and joy to a Holocaust survivor.

Israeli Prime Minister Benjamin Netanyahu said Abbas must choose between peace with Israel or Hamas.

Border Police in Yitzhar’s yeshiva have plenty of time on their hands to learn a bit of Torah.

Gaza terrorists have launched another mortar attack on southern Israel, the second such attack in less than 24 hours.

The Jews for Jesus missionary group is using Holocaust imagery in a new video to lure Jews away from their faith.

More Articles from Solomon Burke
Cell phone

The Israel Defense Forces on Sunday began a week-long drill of a text-message warning system that sends alerts to cellphones about imminent missile attacks in particular areas. Prime Minister Benjamin Netanyahu: “All of the threats that are currently being directed against the Israeli home front pale against a particular threat, different in scope, different in substance, and therefore I reiterate that Iran cannot be allowed to have nuclear weapons.”

Egyptian demonstrators protesting at the Israeli embassy in Cairo, 15 May 2011.

The Islamic movement to which newly-elected Egyptian President Mohamed Morsi belongs, released a statement on Monday claiming the Sinai border attack that left 16 Egyptian security officers dead “could be attributed to the Mossad,” according to Egyptian daily Al-Masry Al-Youm.

Egypt deploys helicopter gunships to the Sinai peninsula after President Mohamed Mursi directed the military to take “complete control” of the Sinai. Israel Defense Minister Ehud barak: “I hope that this will be a wakeup call for Egypt regarding the necessity to be sharp and efficient on their side.”

The ad states: “In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.” The MTA refused to run it.

The wall will be fronted with 60 white cross “that symbolize the 60 million little baby boys and girls have been murdered since 1973 in America alone.”

In a briefing before the Knesset’s Foreign Affairs and Defense Committee, Maj.-Gen. Aviv Kochavi said that the election of the Muslim Brotherhood’s Mohamed Morsi as President of Egypt has brought political Islam to the forefront of politics in the Arab world, but predicted that the Egyptian military would continue to serve as a strong restraint. As a result, he doubted that Egypt would be allowed to drift into Iran’s orbit.

Baseless Hatred: What It Is and What You Can Do About It, a new book by Dr. Rene Levy, tackles a problem that has plagued the Jewish people from very early on in their history; the destructive aspects of which have been responsible for some of their greatest historical calamities and continue to threaten the unity of the Jewish people today.

Caterpillar issued a stinging rebuke of the accusations, and it was revealed that the Palestinian Authority recently bought Caterpillar equipment.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/news/israel/high-court-conformance-with-existing-law-not-enough-to-establish-jewish-ownership-of-land-in-judea-and-samaria/2012/03/22/

Scan this QR code to visit this page online: