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December 8, 2016 / 8 Kislev, 5777

Posts Tagged ‘Israeli Supreme Court’

Court Siding with Terrorist’s Families who Refuse Police Conditions for Releasing the Bodies

Wednesday, August 10th, 2016

Last week the Israeli Supreme Court issued a decree to show cause against the state prosecution, to explain why it would not release for burial the bodies of terrorists who committed violent crimes in Israel. Recently the Netanyahu government has adopted a policy whereby those bodies are not released automatically and are being kept at the Institute of Forensic Medicine in Abu Kabir.

This renewed demand by the high court came following an earlier ruling where the court had ordered the bodies of terrorists be released in exchange for families’ commitment to conduct quiet funerals, without anti-Israeli incitement. The judges approved of the requirement seeing as the hearing was held during the holy month of Ramadan, when Arabs have customarily expressed their religious feelings through rioting in the streets and throwing stones and firebombs at innocent civilians.

But the reality of those cases has been a complete reneging of every commitment made by the families in almost every instance. A funeral that was conducted for terrorist Ala Abu Jamal from Jabel Mukaber, who carried out a bloodthirsty attack on Malkhey Israel Street in downtown Jerusalem, quickly deteriorated into a massive riot. As Internal Security Minister Gilad Erdan later put it, “The terrorist families simply lied to the high court. It’s a shame that the court chose to believe them and pressured police to hand over the bodies before Ramadan.”

Interestingly enough, the terrorists’ families are using exactly that argument in their newest appeal to the high court, saying that since Ramadan is long over, there’s no more justification to release the bodies. Essentially, the Arab petitioners are saying that Arab funerals have always been huge and riotous, rife with incitements against israel, so why stop now?

According to NRG, Jerusalem Police this week approached the family of Baha Alyan, who carried out a murderous attack on a bus at the Armon Hanatziv neighborhood, to negotiate the body’s release. Police offered to hand over the body in exchange for a late night funeral, with only 15 people present. The family eventually refused those terms and police pulled back their offer.

David Israel

Complying with Ottoman Law, IDF Panel Revokes Jewish Community’s Land Ownership

Monday, August 8th, 2016

The IDF Appeals Committee in Judea and Samaria has ruled recently that the 2013 declaration of an area of some 55 acres in the vicinity of Kokhav Ya’akov, between Jerusalem and Ramallah, as state land is null and void, because the process of making the acquisition was improper, Ha’aretz reported Monday. The military panel was also critical of the lack of transparency in making the declaration public — meaning that it was being kept out of PA Arabs’ earshot.

The panel’s ruling on an appeal by NGO Yesh Din on behalf of alleged Arab land owners, is more a judicial recommendation to the IDF in the area than a compelling decision, but should the declaration of state land be appealed in the Israeli Supreme court — as it surely will be — the panel’s decision would influence the justices’ ruling.

The grounds for dismissing the government acquisition of the land has to do with its failure to adequately comply with Ottoman Law — a remnant of the Turkish government’s rule over these lands before 1918, which continues to be the law of the land; and will continue to be so as long as Israel fails to impose Israeli law on Area C, where Jews live.

Ottoman law says that a man can establish claim to his land if he can show that he has been tilling it for the previous ten years. The state tried to comply with the law by providing aerial photographs of the area from 1969, showing clearly that the land was not being cultivated.

However, the dissemination of lands to local Arabs by King Hussein, who ruled the area from 1949 to 1967, took place in 1961. So the panel ruled that the aerial photos proving the land was not being cultivated had to be from before 1961, and, according to the state, such photographs could not be found.

There are photographs from 1944 showing that some of the land was being tilled then.

The judges wrote that they were not convinced the state had made the full effort to discover those 1956 aerial photographs, and that without them the panel must rule that the situation back in 1944 continued uninterrupted through 1961. Of course, the decision to require a photograph from before 1961 assumes that when King Hussein handed over lands to the heads of local Arab clans (whom he viewed as a source of potential rebellion) — he had the right to give those lands away. But Hussein was never recognized universally as the sovereign of the “West Bank,” which was considered an occupied territory, along the 1949 armistice border with Israel.

Local residents of Kokhav Ya’akov say they have also purchased the land, but regardless of the ownership papers they would present to the high court, organizations like Yesh Din will rustle up a group of Arab claimants to the land, with papers freshly minted by the Palestinian Authority in Ramallah showing the land belongs to them.

According to NGO Monitor, Yesh Din operates on an annual budget of $1.58 million, provided by the EU, UK, Sweden, Switzerland, Denmark, the Netherlands, Norwegian Refugee Council, Catholic Agency for Overseas Development, HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

David Israel

Report: Government Supports Electric Company Blackouts over PA Debt

Monday, August 8th, 2016

According to an Army Radio report, the Israeli government has altered its position on permitting the Israel Electric Company to halt service to various Arab cities in Judea and Samaria for lack of payment of an accrued debt reaching $450 million. The money is owed by the Jerusalem District Electricity Company (JDECO) and the Palestinian Authority. A few months ago, the IEC began a selective disconnection for a few days at a time of individual Arab cities, the PA appealed to the Israeli Supreme Court and the court placed an injunction on the practice pending a hearing.

The state has now responded to the PA cities’ petition,with a supporting statement by deputy head of the Israeli National Security Council Jacob Nagel, saying that while the government has the authority to order the IEC to continue providing electricity regardless of the Arabs’ huge debt, it also has the authority to approve of the blackouts as a means of encouraging payment, and as of now the concerned entities, including the political echelon, have decided to let the IEC do as it pleases to recoup the debt.

This marks a 180 degree change in Israel’s traditional policy which preferred to spend Israeli taxpayers’ money to pay for the PA deadbeats, to prevent a global protest of how the Israelis are depriving the Palestinians of electricity. In fact, it was the current head of Mossad, Yossi Cohen, who, back when he was head of the NSC, joined with then Defense Minister Moshe Ya’alon and the Coordinator of Government Activities in the Territories (COGAT) to compel the IEC to bite the bullet and continue to provide free electricity to the PA.

This, according to the Army Radio report Monday, is no longer the government’s position. The Supreme Court injunction will remain in place for the time being, but once there is a hearing, the court would have to abide by the opinion of the sovereign government and permit the IEC to do what it takes to collect from its PA customers.

It could mean those PA folks would be stuck without their Internet connection and the world would be spared many gigabytes of incitement.

David Israel

AG Recommends Evacuating Amona, Residents Hoping for Political Rescue

Monday, August 8th, 2016

Attorney General Avichai Mandelblit said on Sunday that there is no legal obstacle barring a review of the status of lands adjacent to the community of Amona in Benjamin regional council, to start a discussion of potentially moving there the residents of the community which has been slated for demolition by the end of the year by the supreme court. Mandelblit spoke at a discussion with government officials of regulating the status of Amona.

The Israeli Supreme Court ruled in 2006 that the Amona community is illegal under Israeli law, based on petitions of presumed original Arab owners of the land who had been rounded up by anti-Zionist groups like Peace Now and Yesh Din. Since then, the court has ruled again on the Amona case, ordering that the Jewish residents must be evacuated, the housing and infrastructure destroyed and the area be handed to the Arabs.

According to the Amona residents, when the community was founded in 1995 it was by a state initiative, promoted by then housing minister Natan Sharansky, who invested millions of dollars in creating an infrastructure, paving roads and promoting construction, all of it under the auspices of the state. If there were irregularities with the land purchase, it was the state’s problem, not theirs. Had they known the land was privately owned they would have stayed away, but they were told by the state to move in — let the state deal with the alleged original owners.

It should be noted that when Mandelblit was being considered for the AG appointment, he was favored by the right for his idea that in just these kinds of cases, with anti-Jewish settlement activists signing up claimants against existing Jewish communities in Judea and Samaria, and the claimants prove ownership (which is not so hard to do considering the land registration archives are kept in Ramallah, seat of the Palestinian Authority) — said claimants be compelled to accept fair market value for the property, or comparable property. Mind you, this is after some Arab real estate agent had received full pay for the same land.

Now, despite his wise recommendation on grandfathering existing Jewish communities, the AG is obviously feeling that he can’t go to battle against a clear Supreme Court ruling to demolish Amona, and so he recommends finding an alternative land not for the alleged Arab owners, but for the very real Jewish residents instead.

Amona was the site of one of the most brutal attacks of Israeli government forces on Jewish residents in the state’s history. On February 1, 2006, Amona Jewish residents and protesters were evacuated by 10,000 Israeli Police, Border Police, and Army troops. The estimated 4,000 Jews on the Amona grounds mostly consisted of youths from nearby communities. More than 300 were injured, including some 80 security personnel. Among the injured were three Knesset members. After several hours, the Amona homes had been demolished. A few girls that were evacuated accused police officers of sexual assault.

In March 2006, the Knesset parliamentary inquiry into the events at Amona determined that security forces had employed brutal force, striking protesters with clubs and charging them with horses. Internal Security Minister Gideon Ezra was criticized for preventing police commanders from testifying at committee hearings. The committee also found contradictions between the testimonies of the Army Chief of Staff and the Internal Security Minister.

Today, none of the coalition parties wants to position itself behind a similar evacuation effort, a move which could kill their political aspirations among their rightwing voters. Likud, Habayit Hayehudi and Yisrael Beiteinu officials have stated recently that this government will not permit the destruction of Amona. When the brutal evacuation took place in 2006, it was carried out by the same government that had evacuated Gush Katif in the Gaza Strip in 2005, yet another traumatic event in recent Israeli history. That government was ruled by the Kadima party, a political albatross invented by soon-to-go-comatose Prime Minister Ariel Sharon, which has since disappeared from the political map, and serves as a warning to all Israeli rightwing parties wishing to err leftward.

With that in mind, it can be expected that Prime Minister Netanyahu, Defense Minister Liberman and Justice Minister Shaked come up with a solution that keeps the Jewish settlers in place, risking the ire of the high court, as well as of Israel’s many friends in the free world. It should provide for great political theater, as these three politicians will show their ability to both capitulate and gravel while proudly standing erect. It’s time to call in the chiropractors.

JNi.Media

MK Glick Gets 93,000 Signatures Supporting Jerusalem’s Unity

Monday, June 6th, 2016

MK Rabbi Yehuda Glick (Likud) on Sunday received more than 93,000 signatures from supporters of Israel worldwide affirming the Jerusalem Covenant, in honor of Jerusalem Liberation Day. The covenant, proclaiming the eternal unity of Jerusalem and its status as the Biblical and political capital of Israel, was presented to the Knesset’s newest member by NGO Israel365 founder Rabbi Tuly Weisz.

“This is so exciting, holding a book with almost 100,000 signatures of people from all over the world who signed their name on the Jerusalem Covenant,” Glick said, adding, “Jerusalem is the city of peace, and here we see the words of the prophets materializing and becoming a reality, all nations coming together and signing the Jerusalem Covenant between God and Jerusalem and the world.”

The printed Jerusalem Covenant / Courtesy

The printed Jerusalem Covenant / Courtesy

The Jerusalem Covenant was originally written in 1992 by Israeli Supreme Court Deputy Chief Justice Rabbi Menachem Elon to commemorate the 25th anniversary of Jerusalem’s reunification. It was intended as a renewal of the original Biblical covenant between God and the people of Israel. In 2013, Israel365 launched a project to bring the Jerusalem Covenant to the hearts of Israel supporters worldwide. In its first year, the initiative garnered 10,000 signatures; the number has doubled annually ever since, reaching more than 93,000 this year. Signatories hail from more than 100 countries, from Albania to Zimbabwe.

Each year, the printed collection of signatures, bound together in a book, is presented to a different MK: last year it was Knesset Speaker Yuli Edelstein (Likud). The Covenant was given to MK Glick this year in recognition of his work to reconnect the Jewish people with the Temple Mount. Glick blessed the endeavor, saying he hopes to see a million signatures when the next issue comes out, by the end of the jubilee year. “That would be the opening of a new era,” he surmised.

Rabbi Weisz noted that “signing the Jerusalem Covenant gives Israel’s supporters a chance to make their voices heard, and to tell the world that Jerusalem is, and always will be, the Biblical heritage of the Jewish people.”

Click here to sign the Jerusalem Covenant.

JNi.Media

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

Printed from: http://www.jewishpress.com/news/breaking-news/report-french-ngos-and-palestinian-authority-behind-bds-pressure-on-orange/2015/06/07/

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