web analytics
December 8, 2016 / 8 Kislev, 5777

Posts Tagged ‘destruction’

Peace Now Urging Destruction of War Heroes’ Monuments

Tuesday, December 6th, 2016

Peace Now, representing Arab claimants have told Israel’s Supreme Court they insist on the demolition of monuments to IDF war hero, special force Sayeret Matkal Lieutenant Colonel Emanuel Moreno, who was killed on a secret mission during the 2006 second Lebanon war; and First Lieutenant Asher Ezra who was killed in a chase after terrorists in Lebanon in 1993. Both monuments are slated for demolition by the end of December. They are part of the Netiv Ha’avot neighborhood in Gush Etzion outside Jerusalem, which was slated for demolition no later than March 2018 by the Supreme Court.

The families of both war heroes appealed to Supreme Court President Justice Miriam Na’or asking that the monuments be demolished when the rest of the neighborhood is slated to be razed, to give them time to find a new location.

“Our appeal to you is personal, painful and heartfelt,” the families wrote Na’or. “The site was established in good faith, displacing no one and nothing, and disturbing no one.”

“We were not aware of any problem associated with the location,” the families continued, stressing that the monuments are obviously not housing units. They also wrote they had not been aware of the litigation associated with the location.

Peace Now refused the families’ plea, suggesting “another delay will be used by respondents to torpedo the return of the land to its rightful owners.”

“While acknowledging the sadness involved, the claimants do not bear responsibility for past failures nor the fact that the [memorial’ was built illegally and without their consent. […] The pain caused the Moreno and Asher families was not the fault of the land owners,” Peace Now told Justice Na’or.

David Israel

Eight Crucial Things You Need to Know About the Amona Case

Sunday, November 20th, 2016

Yehuda Yifrach, Courts Editor for Makor Rishon, on Friday listed the eight most important and least known facts about the Amona case. If you haven’t read a rightwing Jewish publication in the last month, Amona is a community of some 40 Jewish families in Samaria, slated by the Supreme Court for demolition on Dec. 25. You can read some background material here.

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
After the Supreme Court had ruled in their favor, anti-Israeli NGO Yesh Din, which has been at the forefront of the Lawfare attacks on the Jewish State, decided to sue for damages over the years of denied use of the parcels in question. The problem is that while the Supreme Court does not entertain evidence, lower courts do, and 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).” In a recent article, Prof. Dinstein has shown how international law is entirely indifferent regarding the particular mechanics of legislation in an occupied zone, be it the local general or be it the government that posted said general in said zone.

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
This one is quite interesting.
Unbeknownst to many, 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?

JNi.Media

MK Begin Begging Netanyahu to Permit Destruction of Amona

Tuesday, November 1st, 2016

MK Benny Begin (Likud) on Monday approached Prime Minister Netanyahu with a request not to promote the so-called Regulations Act, which would compel Arab claimants whose ownership of Israeli settlements’ land has been proven to accept market value compensation—replacing the barbaric practice of Israel’s Supreme Court of destroying entire Jewish communities in order to return the land in question to its original, arid status.

Speaking at a meeting of the Knesset Likud faction, Begin (who was appointed to his position by a special “chairman’s prerogative,” whereby Netanyahu was permitted to place him in the 11th spot on the party’s 2015 election list — a position he hadn’t earned from Likud voters since 2008) pleaded with his benefactor: “As prime minister, but especially in your role as foreign minister, I besiege you not to promote this law,” according to Ha’aretz. Begin told the assembled MKs that the proposed bill “endangers the settlement enterprise in Judea and Samaria, contradicts international law, and will harm Israel’s position in the world.”

The Likud MKs who, unlike Begin, had actually been elected by Likud voters, all voiced their enthusiastic support for the Regulations Act and urged Netanyahu to promote it. The PM for his part told Begin, “Calm down, Benny, I’m taking your concerns about Israel’s status in the world into consideration, too. For now we’re suspending this idea of a Regulations Act, and should we renew it I will consider everything.”

At this point the government is in the midst of petitioning the high court for an extension regarding its demand that Amona be razed by December 25, 2016. It remains to be seen whether the court, which first ruled on Amona in 2006, will have the patience to wait another few months before it gets to chase Jewish families out of their homes.

JNi.Media

State Asks for 7-Month Delay in Destruction of Amona

Monday, October 31st, 2016

The state has asked the High Court of Justice to delay the destruction of the Jewish community of Amona by seven months.

At present, the community is set to be demolished by the end of this year. A ministerial committee for legislation was set to vote this week on a bill that would have officially recognized Amona and other similar communities but the vote was delayed by a week.

A bill dubbed the ‘Arrangement Law,’ was introduced by MK Shuli Mualem-Refaeli of the Bayit Yehudi party. It proposes that homes built using government support should not be demolished if the claimants are able to show prior ownership. Instead, the land of the community in question would be confiscated by the state. The claimants would receive fair market value and the burden of proof would be moved to the Palestinian Authority claimants, away from the Jewish residents.

Representatives for the state said in their petition the delay is necessary in order to prepare a solution for the residents who are losing their homes.

One of the alternative placements where the residents may end up is in the Jewish community of Shvut Rachel, according to the court papers. The other site is not far from the community’s current location.

The attorneys for the state underlined in their petition that the state is not seeking the delay in order to keep Amona in its current location. Rather, the state is working on finding a solution that will allow for a “peaceful” evacuation, and to reduce tensions that have already skyrocketed over the issue.

Hana Levi Julian

Catholic Bishop Calls Destruction of 17 Belfast Jewish Graves ‘Shameful’

Monday, August 29th, 2016

A gang of youths used hammers and blocks in an attack on the walled-off Jewish section of a cemetery in Belfast, Northern Ireland, on Friday, local media reported. Seventeen Jewish graves were destroyed and vandalized in the organized attack inside the cemetery. The Police Service of Northern Ireland is investigating the incident as a hate crime. Some of the graves date back to the 1870s.

Bishop Noel Treanor, head of the Irish diocese of Down and Connor, said that “these shameful acts are a blemish on our society.”

“What a tragedy and blemish then that the long-present, beloved and treasured Jewish families of our community should suffer yet again such actions of disrespect, violence to the memory of their beloved dead and the regrettable outworking of a latent xenophobia that stalks the minds of some,” Bishop Treanor said.

The Most Reverend Noel Treanor Bishop of Down and Connor / Photo credit: Youtube Screenshot

The Most Reverend Noel Treanor Bishop of Down and Connor / Photo credit: Youtube Screenshot

Inspector Norman Haslett of the PSNI said the attack was “a particularly sickening incident, which we are treating as a hate crime,” stressing that “to disturb the sanctity of a cemetery in this way is completely unacceptable and I can assure the public that we will conduct a robust investigation.”

Speaking at St Peter’s Cathedral in Belfast, the Bishop said: “As a society, as neighborhoods and communities, we must honestly consider if we harbor attitudes that are negative to those whom we too easily classify as ‘foreigner,’ rather than see them as sisters and brothers in Christ and in humanity.”

Well, that was a little embarrassing. But he meant well.

“As a society, we need to build co-operation between our homes and schools to ensure that our children are educated in heart and attitude, in mind and action, to respect every person without exception,” Bishop Treanor continued, suggesting that “as we build here in Northern Ireland a society fit and able to accommodate the contemporary reality of the mobility of peoples, willing to cherish the multi-cultural and multi-faith mosaic that is every contemporary society generally and in its most local communities and neighborhoods, there can be no compromise on these imperatives to build minds and hearts that are open to, respectful of and treasure diversity.”

JNi.Media

A Soldier’s Mother: The Lingering Destruction of Gush Katif

Friday, August 12th, 2016

Twelve years…how could it be twelve years since that fateful, horrible summer when Israel acted unilaterally, stupidly, naively believing that if we made a grand gesture, peace would follow. No, to be honest, I really don’t buy the “naive” part. No one believed, even then, that peace would follow. As to why, knowing what would happen, did we do it? I can’t answer that.

With my husband and two friends, we ventured into the Jewish communities of Gaza in the wake of the forced expulsions. Our goal, our hope was probably naive. We thought that maybe we could save a synagogue, something precious from Gush Katif that would comfort the families, comfort us.

We went community by community. Our emotions were all over the place. Anger was there, pain, tears. We pushed on from community to community. My friend, Devra, wrote it down, place by place. I took pictures. Her words are here. Devra wrote about the stones I took from the synagogues. Here, Rachel Saperstein wrote about Paula’s Stones.

Of all the songs that I remember from that time, there was one that I knew, even then, was our unavoidable future if we evacuated, destroyed, erased those amazing communities. We did…and the song has come true. We live the nightmare this song so correctly predicted.

Paula Stern

Plan In The Works to Transfer Residents of Amona To Alternative Location

Sunday, July 31st, 2016

By Jonathan Benedek/TPS

The Israeli government has approved a plan by the Civil Administration in Judea and Samaria to transfer the residents of Amona to another residential location of approximately 1600 dunams (395 acres) in the Binyamin region, east of Shilo.

Approximately 40 families currently live in Amona, which is located north of Jerusalem and next to the Jewish community of Ofra. The High Court of Justice found in December, 2014 that the community was built on private Palestinian land and that the residents of Amona must therefore be evacuated by the end of 2016.

The Defense Ministry has mapped out a plan to construct 140 housing units at the new site, at least 40 of which will be occupied by evacuees from Amona. However, Amona residents appear to be opposed to any compromise even at the expense of being evacuated by force.

“We strongly oppose the preparation of a neighborhood that’ll promote a population transfer of the residents of Amona,” a statement read on behalf of the community. “Any eventuality other than a resolution keeping us here may lead to a repeat of the painful images from the demolition of houses in the town ten years ago.”

on February 1, 2006, violent encounters ensued between Amona residents and their supporters, with Israeli police and security forces who arrived to follow through with an order from then Prime Minister Ehud Olmert to demolish nine permanent structures.

TPS / Tazpit News Agency

Printed from: http://www.jewishpress.com/news/breaking-news/plan-in-the-works-to-transfer-residents-of-amona-to-alternative-location/2016/07/31/

Scan this QR code to visit this page online: