web analytics
July 1, 2016 / 25 Sivan, 5776

Posts Tagged ‘Israeli Supreme Court’

Supreme Court Wants Interior Ministry to Explain Why Reform Converts Aren’t Recognized by the State

Wednesday, May 25th, 2016

Israeli Supreme Court Chief Justice Miriam Naor on Wednesday issued a temporary injunction against the Interior Ministry ordering it to explain within two months why 11 petitioners who underwent Reform or Conservative conversion in Israel should be refused a Certificate of Oleh (immigrant) based on the Law of Return, and why they should not be registered as Jews in the Population Registry.

The Law of Return (Hok Ha-Shvut) was passed in 1950, giving Jews the right of return and the right to live in Israel and to gain Israeli citizenship. In 1970, the right of entry and settlement was extended to people with one Jewish grandparent or people married to a Jew, although they were not considered Jewish under Jewish halakha. Those who immigrate to Israel under the Law of Return are immediately entitled to gain citizenship in Israel.

According to the halakhic definition, a person is Jewish if his or her mother is Jewish, or if he or she converts to Judaism. However, Orthodox Jews do not recognize conversions performed by Reform or Conservative authorities. But the Law of Return states that any Jew, regardless of affiliation, may immigrate to Israel and claim his or her citizenship.

In 2005, the Supreme Court ruled that all conversions performed outside of Israel would be recognized by the authorities under the Law of Return. The court had already ruled in 1989 that conversions performed outside of Israel were valid for the Law of Return, regardless of whether they were Orthodox, Conservative, or Reform. The 2005 ruling extended that decision, finding that overseas conversions were still valid even if the individuals did the preparatory work for the conversions while residing in Israel.

Now it appears that the Supreme Court is prepared to bring down the last vestige of halakhic Judaism regarding conversion, in an attempt to authorize Reform and Conservative religious courts in Israel to covert, forcing the state to accept their converts as Jews.

The current Interior Minister, Aryeh Deri, is an ultra-Orthodox Jew, and will most likely fight the court’s obvious plan tooth and nail. But in the end, he will have one of three choices: obey the court (not going to happen), resign (not likely), or change the law, which is, in fact, anchored in the Haredi parties’ coalition agreement.

Can the Law of Return be changed today? Can the 1970 dreaded ruling allowing non-Jews to be accepted as Jews also be revoked, while the Knesset is at it? The fate of Netanyahu’s government may depend on it.

David Israel

French NGOs and Palestinian Authority behind BDS Pressure on Orange

Sunday, June 7th, 2015

A coalition of French NGOs, some of them partly funded by the government, last month published a 51-page document named “Orange’s Dangerous Liaisons in the Occupied Palestinian Territory” to spearhead the campaign to pressure Orange to boycott Israel’s Partner Communications, which markets the Orange mobile phone service brand.

The Palestinian Authority joined the French NGOS to lobby the government and Orange to boycott Israel, the Israel-based NGO Monitor reported.

The NGOs reportedly met with Orphanage officials on May 26 and told them that its business link with Partner endangered its reputation. Orange told the BDS promoters that the agreement for Partner’s marketing the Orange brand expires in 10 years.

NGO Monitor reported:

The authors of the report asked Orange to publicly and explicitly state its decision to disengage and to denounce the human rights violations that Partner is involved in  Israeli settlements in the OPT [occupied Palestinian territories-sic]. In other words, the statements made by the France-based company are a wholesale adoption of the NGOs’ BDS agenda (which is illegal in France).

Following the publication of the report, Saeb Erekat, lead negotiator of the Palestinian Authority (PA), wrote to France’s foreign minister, Laurent Fabius, to denounce the link between Orange and Partner.

Organizations participating in the move to pressure Orange to boycott Israel include the European-based Who Profits, Al Haq, Catholic Committee Against Hunger and for Development-Terre Solidaire (CCFD), FIDH, and Association France Palestine Solidarité (AFPS).

Who Profits, which now is a separate organization, began to campaign against all of Israel’s cell phone companies in 2009 for allegedly being “commercially involved in the Israeli occupation of the West Bank and the Golan Heights” and “exploit[ing] the Palestinian frequencies and to impose their services on the Palestinian captive market.”

The Who Profits webpage also attacks Partner for sponsoring IDF units in the Golan, Judea and Samaria in the “Adopt a Soldier” project.

The 51-page document stated:

During the attack on Gaza in the summer of 2014, Partner was on the front lines providing material support, cellular services and entertainment to the Israeli soldiers. The company also waived service fees for soldiers carrying [sic] the assault during July-August 2014.

The French government, which owns 25 percent of Orange, granted the Catholic Committee Against Hunger and for Development-Terre Solidaire received nearly $400,000 from France in 2012. The same organization is a member of the Platform of French NGOs for Palestine,

FIDH last year libeled Israel with allegations that it deliberately targeted civilians in the war against Hamas rockets and missiles on Israeli civilians. The NGO is funded in part by the European Union and the governments of Finland, France, Ireland, Netherlands, Norway and Sweden.

NGO Monitor added, “Al Haq is funded directly by the governments of Belgium, Spain, Switzerland, Netherlands, Denmark, Sweden, Norway, and Ireland, and indirectly by UK, Sweden, Germany, and the UN.”

Its report continued:

Al Haq is a leader of lawfare and BDS against Israel. A main actor in the NGO campaign to file war crimes charges against Israeli officials at the International Criminal Court (ICC)….

Al Haq proposed sabotaging the Israeli court system by ‘flooding the [Israeli Supreme] Court with petitions in the hope of obstructing its functioning and resources.’

The Israeli Supreme Court has identified Al Haq’s general director Shawan Jabarin as ‘among the senior activists of the Popular Front terrorist organization.’

The Association France Palestine Solidarité (AFPS) was funded by the French government in 2012, refers to the “Gaza extermination camp” and states, “It is inconceivable and unacceptable that the ‘Jewish-executioner’ would hide behind the ‘Jewish victim!’” Other AFPS rhetoric includes ethnic cleansing, apartheid state, and “Stop hunting Palestinian children!”

A French court in 2014 ruled in favor of the French distributor of Israel-based SodaStream in a lawsuit charging the pro-BDS group with stating that SodaStream products were being illegally sold in France.

Tzvi Ben-Gedalyahu

Supreme Court to Decide Next Week on Zoabi and Marzel’s Eligibility

Tuesday, February 17th, 2015

The Supreme Court will rule next week on appeals by Knesset Member Hanin Zoabi and Baruch Marzel to overturn the Elections Committee decision to bar them from running in the elections.

One of the justices at the hearing Tuesday morning stated that the court generally does not get involved in politics, but there is a legal question concerning the authority of the Elections Committee.

It decided by a 27-6 vote to ban Zoabi from running because of incitement, and voted 17-16 to ban Marzel because of racism.

The worse possible court decision would be if the judges overturn only one of the petitioner’s eligibility. That is a virtual impossibility because the judges know that the public and political reaction would be catastrophic.

Allowing the Elections Committees decision also could be catastrophic for the future because it would set a precedent that political parties, who comprise the committee, can decide who is a racist and who incites.

Jewish Press News Briefs

Former Supreme Court Judge Goes to Bat for Makkor Rishon

Monday, April 28th, 2014

Former Supreme Court Justice Dalia Dorner, who now heads the Israeli Council of Journalists, has called on the powers-to-be to prevent the closure of the bankrupt national religious newspaper Makkor Rishon that American casino magnate Sheldon Adelson wants to buy.

Adelson also owns the highly successful freebie Israel HaYom newspaper, which staunchly supported Prime Minister Binyamin Netanyahu and the Likud party.

“Freedom in journalism is expressed in the variety in Israeli communications that is offered the widest range of opinions that is possible,” Dorner stated. She called Makkor Rishon a ”constructive” a voice for the national religious community and that it must not be allowed to close.

The judicial system has given Adelson the green light to buy the newspaper, which fell into heavy debts after its owner bought the Hebrew-language Maariv newspaper, but anti-trust officials have blocked the purchase, without outright opposing it.

Its failure to decide, while the newspaper is barely operating, is considered in most quarters a tactic to choke the newspaper to death so that Adelson will not have more influence in Israel

Several so-called “liberal” Knesset Members have come up with a curve ball to force Adelson out of the country by proposing legislation that would prevent foreigners from owning free newspapers.

Jewish Press News Briefs

Jews Move into Hevron ‘Peace House’ 5 Years after Expulsion

Sunday, April 13th, 2014

Three Jewish families moved into the “Peace House” in Hebron Sunday after receiving approval from Defense Minister Moshe Ya’alon, five years after his predecessor in the Olmert government brutally expelled dozens of Jews from the building.

The entry of Jews, with the official backing of the Supreme Court, represents a turning point for the rights of Jews to live in Judea and Samaria and against the Palestinian Authority-media-political-judicial torture chamber that has mangled  normalcy to the point it cannot be identified..

A Jew, reportedly a religious American of Syrian descent whose ancestors escaped the Arab pogrom in Hebron in 1929, purchased the building seven years ago from Arabs for approximately $1 million.

The Arab seller, a Jordanian, had sold it through a third party and did not realize that the building eventually would end up in the hands of Jews. The Palestinian Authority, banking on Jordanian law, makes a sale of property to Jews punishable by death, one of their principles of being a “peace partner.”

The Peace House is a four-story building that housed 25 Jewish families and yeshiva students until the government ordered them out in 2008, less than year after the purchase, because the legality of the purchase was questioned and their presence was deemed as endangering security

The building is called the “Peace House,” but Israel’s center-left media have insisted on calling it the “The House of Contention,” past of their propaganda machine to show that anything that settlers do is harmful for peaceful relations with Arabs.

If the Jews simply would leave Hebron, and all of Judea and Samaria, and live in Tel Aviv and the Negev, there would be no problems.

That is the formula that has been marketed for decade, despite the War of Attrition on the 1960s when Arabs from Jordan and Egypt constantly attacked Jews, despite the  Six-Day War when seven Arab nations circled Israel like vultures ready to pounce, and despite the Israeli government’s expulsion of Jews from Gaza in 2005 to make Israel safe for Hamas to attack with tens of thousands of missiles.

Welcome to the “peace process.”

That is why peace process lovers Amir Peretz and Ehud Barak, defense ministers  in the corrupt Olmert government, did everything they could to keep the Jews out of the building. Barak brought in the goon squads to violently expel Jews who had been living in the Peace House. The police swarmed in after he tricked the Jews to believe negotiations would be held before any police action would take place.

The building has been bought in 2007. After the initial purchase, the courts played along with the Arabs and Peace Now, accepting their appeals and questioning the legality of the transaction, until finally deciding that a lower court would have to decide on who really owns the building, but until then, no one could live there.

A lower court ruled last year that the Jews indeed legally purchased the building, but that decision was appealed to the Supreme Court, which last month rejected the petition.

Since the Defense Minister is the ultimate authority in Judea and Samaria, at least until it is annexed and placed under Israeli sovereignty, court approval of the sale does not mean the Jewish owners could move in. Unlike Peretz and Barak, who made lives miserable for Jews before resorting to force, Ya’alon signed on the dotted line Sunday after the owners paid the final $300,000 that was owed to the Arab seller

The three-justice panel that ended the ordeal exhibited rare common sense. Justice Daphne Barak Erez, who is considered a liberal and  a court activist, wrote that both sides in the dispute have emotional and ideological issues, but they are not in the purview of the courts.

Tzvi Ben-Gedalyahu

Arab Rapist and Pedophile Accused Israel of Sex Crimes

Thursday, October 17th, 2013

Nawaf Athamneh, the 52 year old resident of Kafr Qara, NIF-funded public relations hack, and editor of the far left anti-Israel former Machsom (Checkpoint) website and other outlets was recently convicted of raping a 15 year old Israeli girl.

There are so many bad guys in this story you have to keep score; all deserve your ire.

THE CRIMES

Before Athamneh committed the actual crimes, he stalked his young victim through the personals section of a newspaper. He called himself “Amir,” pretending to be an Israeli, gained her confidence, claimed to obtain an incriminating photograph of her. With that, he had virtually complete control over the terrified girl as he threatened to show her family and community the photos.  He then hounded her, blackmailing her into meeting him and then forcing her to commit various sexual acts. Then he claimed he videotaped those humiliations and promised her still more sexual and other degradations.

The girl finally confided in her sister, the sister told her mother, the mother went to the police, a trap was set and Athamneh was apprehended, tried and convicted.

But there’s more to the story.

Athamneh’s past has not yet been connected to his current crime.  Yes, it is known he was an anti-Israel Arab Israeli, but the particular hypocrisy which has heretofore escaped the media’s notice is that Athamneh himself self-righteously charged others with violent sexual offenses:  Israelis.

Athamneh was the media coordinator of an event entitled, “My Land, Space, Body and Sexuality: Palestinians in the Shadow of the Wall.”

In the language describing the event, Athamneh and his colleagues discuss the brutal sexual control and violence of Israelis towards Arab Palestinians.

In a particularly chilling foreshadowing of the Athamneh’s own deviant behavior, he and his colleagues describe their event as one addressing how “sexuality and bodily rights are an integral part of human rights.”

An example Athamneh and his like-minded “gender studies” activists cited as undermining reproductive and sexual rights, “is the ‘nationality’ law in Israel, affecting people’s right to choose their partners.”

They describe Israel itself, as a whole, as causing “young girls and women” to suffer “serious violations of their bodily, sexuality and reproductive rights.”

2009 NIF SPONSORED CONFERENCE ACCUSING ISRAEL OF SEXUAL CRIMES AGAINST ARABS

The conference itself raised hackles at the time, in particular because of the provocative posters. There were a series of them, one which revealed the body and arm of a male Israeli soldier reaching towards the chest area of an Arab women, the other revealed the body and arm of a female Israeli soldier reaching towards the area of the sensitive body part of a male Arab.

The headline of the poster read: “Her husband needs a permit to touch her.  The occupation penetrates her life everyday.”

The irony continues.  Athmaneh and colleagues completed the description of their conference’s campaign by claiming it “highlights the need to intensify efforts aiming at protecting Palestinian men and women and to struggle against all forms of physical, sexual, psychological, political and social prejudice, oppression, discrimination and violence.”

So when they write they want to struggle against “all forms of physical, sexual, psychological, political and social prejudice, discrimination and violence,” did they also mean against Israeli Jewish girls?

The Jewish Press attempted to speak with Nawaf Athamneh before this story went to print, but his number has been disconnected.

The Jewish Press also attempted to speak with leadership at the New Israel Fund, which funded Athmaneh’s 2009 “My Land, Space, Body and Sexuality” conference as well as his organization, and which defended the organizations’ posters for the conference. There was no immediate response.

HAIFA DISTRICT CT JUDGE RON SHAPIRA SENTENCES ARAB RAPIST PEDOPHILE TO PERFORM MITZVOT

But there is a further ugly piece of this puzzle.

The 15 year old victim who finally was induced to overcome her mortification, who participated in the pursuit, trial and conviction of her torturer, and who implored, in a letter to sentencing judge Ron Shapira that a harsh sentence be imposed so as to deter others from engaging in similar brutalizing behavior.

But instead Haifa District Court Judge Ron Shapira decided to insult the young victim again.

Although Shapira said he agreed with the prosecution that the normal three to six year sentence for such crimes was appropriate, in this case he decided to depart from the appropriate sentence, in favor of attempting to rehabilitate the criminal.

Lori Lowenthal Marcus

US Implicitly Backs Peace Now Petition to Destroy Outpost

Thursday, May 23rd, 2013

The United States pushed itself into the nitty-gritty of Israeli domestic procedures Wednesday by sending a United States embassy official to Supreme Court hearing on a Peace Now petition to destroy the Givat Assaf outpost in northern Samaria

Peace Now was thrilled at the unprecedented involvement in Israel’s domestic affair’s while nationalists were aghast at the implied pressure on Israel judges to approve the Peace Now appeal.

The United States considers a Jewish presence in Judea and Samaria an international issue, but to actually attend a local court hearing, especially one initiated by the Peace Now organization, is implicit support for the leftwing group and could affect the court’s verdict.

It is clear that the embassy official, Andrew Schut, was not on an exercise in civics 101.

His appearance at the hearing, although he did not make any comments, comes three weeks after U.S. Secretary of State John Kerry personally called Michael Oren, Israeli Ambassador to the United States, to complain about Israel’s recent decision to consider recognizing four Jewish communities in Samaria instead of destroying them.

The United States justifies its interference in anything concerning the right of Jews to live in Judea and Samaria.

How far can the American government plant delegates in Israel’s system to force its own policies on Israel?

Perhaps next week the Obama administration will send a representative to sit on a Knesset committee discussing Judea and Samaria.

The latest chutzpah is an escalation of a policy that is aimed at removing Jews from Judea and Samaria and areas of Jerusalem where the Palestinian Authority wants sovereignty.

It started out in a much more subtle form.

Twenty years ago, when I was in charge of security in the community where I live in the southern Hevron Hills, an elderly couple – immigrants from South Africa who converted to Judaism at a relatively late age in life – moved a small housing unit to a deserted and barren hill across from the community where I live.

That was around 1993, after the Reagan administration backed the Madrid Conference that developed into what has been misnamed as the peace process.

One evening, I received a phone call from the U.S. Embassy.

“Hi, there,” said the friendly voice. After exchanging a few pleasantries that I started my journalism career not far from his home town in the Blue Ridge Mountains, he said, “Our satellite noticed that one of those ‘caravans’ on the hill, referring to a small three-room and pre-fab trailer home without wheels.

“I was just wondering where they get their water en electricity,” continued the good ‘ol boy from down south. “Do y’all provide them with that? he asked.

I usually am not at a loss for words, but I was flabbergasted that the U.S. Embassy would call me – at night, no less – about a lonely hill.   I eventually sputtered out that I did not have much information for him.

If the American people, even the leftists, knew how deeply their government is involved into building up an Arab-only presence in Judea and Samaria and “eastern Jerusalem, they would be screaming their lungs out.

Around three years ago, when I was writing for Arutz Sheva, a Jewish Press blogger, whose name I will keep anonymous, called me up one day with a shocking story.

She had bought some old file cabinets from the U.S. Embassy in an auction. When she brought them home, she found some of the drawers were filled to the gills with documents and letters from the U.S. Information Agency that exposed the American government’s attempts to undermine a Jewish presence and to help the Palestinian Authority create a “Palestinian” culture.

Given the history of the State Department’s disgust for  Jews living where the administration wants Arabs, and only Arabs, to live, Schut’s appearance at a Supreme Court is not surprising.

Peace Now chairman Yariv Oppenheimer was ecstatic.

He explicitly stated that he understood Schut’s presence at the hearing as a silent but clear statement to warn Israel to think twice before recognizing the outposts in question.

And although the word ”outpost” conjures up a few wild-eyed radicals living in a circle of wagons, Givat Assaf is a community of more than 20 families working and living like every other normal person in the world.  They live on land that was purchased from Arabs, but like all such purchases, Peace Now insists that the Arab sale was a forgery.

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/us-implicitly-backs-peace-now-petition-to-destroy-outpost/2013/05/23/

Scan this QR code to visit this page online: