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June 30, 2016 / 24 Sivan, 5776

Posts Tagged ‘sovereignty’

Justice Minister Commits to Enforcing Sovereignty in Area C

Monday, May 2nd, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) on Monday stated that she is working, together with AG Avichai Mandelblit, on an outline for imposing Israeli law on the Israeli-controlled part of Judea and Samaria. Established by the 1993 Oslo accords as Area C, it covers 60% of Judea and Samaria and is home to an estimated 350,000 Jews who live in 225 communities (including outposts yet to be approved), and 30,000 Arabs. Israel already has control over security and land-management in Area C, and many in Israel view the area, for all intents and purposes, as a future part of Israel, as opposed to Areas A and B, which were designated as the foundation of a future Palestinian autonomous territory.

Speaking to Army Radio, Shaked said she plans to appoint a committee based on the new outline, to examine every law passed by the Knesset and decide whether it can be imposed concurrently on the Jewish communities in Area C as well, via a military decree (Tzav Aluf). Past attempts to impose an automatic application of new Israeli laws in Judea and Samaria have failed, including two separate attempts by Habayit Hayehudi. These included a minimalist bill to apply Israeli laws in the “Jewish communities of Judea and Samaria,” and even a bill prohibiting discrimination in the supply of goods and services to Jewish communities in Judea and Samaria, which has been waiting for a Knesset vote since 2011.

Shaked is hoping that establishing “a team who will examine every single law” for its applicability in Judea and Samaria will indirectly create a promotional device that would be on hand to pressure the IDF General Officer Commanding (GOC) and the Coordinator of Government Activities in the Territories (COGAT) to pay better attention.

At the moment, the legal picture in Area C is very complex, whereby the law there is comprised of Ottoman and Jordanian laws, combined with military decrees of the GOC, with the Supreme Court playing referee. In recent years there has been a growing tendency on the part of the GOC to apply new Israeli laws as soon as they had been passed. Last March the Knesset passed a law enabling settlers to receive on gains inside the green line the same tax benefits they are entitled to in Judea and Samaria; and a law coordinating home buying taxes so settlers won’t have to pay twice. Despite the fact that both laws—which were passed late at night when the leftwing parties were not paying attention—the legislation was condemned as “crawling annexation” of the “occupied territories.” MK Tzipi Livni (Zionist Camp) said it was a quiet way for the Netanyahu government “to impose its ideology.” Which, presumably, is what you do when you win.

The last time Livni’s party was the big electoral winner, she and her partners used their power to transfer some 8,000 Jews from their homes, the first time a Jewish community had been forcibly evicted from its homes since the end of WW2.

On Sunday, in a similar vein, Shaked said that she intends to equalize the legal conditions for Israelis on either side of the green line, either by using the military decree or by new legislation. Speaking at the Legal Forum for the Land of Israel, Shaked added that “It’s important that the Justice Minister have political power and political ability.”

Yes, it is, and this Justice Minister appears to be using hers wisely and bravely.

JNi.Media

Application of Sovereignty – the Command of the Hour

Friday, October 9th, 2015

If, in the past, a person had to be a seer in order to perceive the miracles that the Almighty performs for His people, why, now, anyone can see them, and they are happening constantly. Europe is coping with a stream of refugees that is invading the continent and changing its demography, its culture and its religion. Amazingly, they are especially attracted to Germany.

But the greatest miracle that has occurred in our neighborhood is the repeated declaration of the head of the Palestinian Authority, Abu Mazen, of his intention to annul the Oslo Accords. This is nothing but a precious New Year gift to us. Finally, we may be liberated from this accursed agreement, which has claimed and still claims hundreds of precious Jewish victims, the most recent of which are the Henkin couple, Rav Nehemia Lavi and Aharon Banita, Hy”d. May we be freed from the agreement that sought to distance us from the goal of Zionism and the ethical justice of Israel’s return to its Land. Annulling this agreement will lead to the disintegration of the Palestinian Authority, and this is where the Israeli government must make a courageous decision – application of sovereignty over the entire Land of Israel.

This is not the first time that we have been presented with the opportunity to take the necessary step and commit to it. The first opportunity was immediately after the Six Day War, but we missed that opportunity, and the ones that came after it because of disastrous political negligence. But this is not the time to cry over spilt milk. Now there is a new opportunity on our table.

Let us take hold with both hands of this opportunity that the Almighty has arranged for us. The government of Israel and the People of Israel must resolve and declare once and for all that the Land of Israel belongs to the People of Israel. Without this basis in principle we will be attacked again and again in the international arena as well as in the internal-Israeli arena as “occupiers” and as one who exploits others without our having any actual right to the Land.

It is important to note that this declaration of Israeli sovereignty over the areas of Judea and Samaria and the Jordan Valley is not a punishment or reaction to Abu Mazen’s declaration. Sovereignty is not a punishment, but the right and historic obligation of the Jewish People. Therefore, even if Abu Mazen does not ultimately declare the disintegration of the Palestinian Authority, it will still be incumbent upon the government of Israel to take this step. We are rallying the call for sovereignty especially at this time, since this political opportunity is presenting itself now and we must not neglect it.

Of course there will be difficulties in the promotion and implementation of such a process. To the best of our knowledge there is not even one research institution in Israel that has prepared for the possibility that the areas liberated in the just war might be returned to our hands, and how we must conduct ourselves in such a time. We must act in accordance with the lessons of history – the government of Israel, the Knesset of Israel, must declare sovereignty.

The Arabs must be allowed to have autonomy in matters within their local administration, without a military and without a Department of Foreign Affairs. We will exercise strict control of their educational system and local police. Regarding the issue of citizenship – the Arabs will be given the right to request citizenship, but in order to obtain it, every candidate for citizenship will have to stand up to logical and mandatory criteria such as accepting the authority of Israeli rule, declaring loyalty that will be confirmed every few years, as is the practice in other advanced countries.

One hundred and eighty thousand employees of the Palestinian Authority will be evaluated as to whether they are interested and are suitable to continue to serve their population. It is reasonable to assume that most would want to continue and receive salaries to provide a livelihood for their families.

As stated, of course there would be many difficulties. This is natural in such a situation and changing reality, but beyond the fact that we have already witnessed and felt the impossible pain of the alternative, of dividing the Land and establishing a terror state in its heart, there is also much good that is inherent in the application of sovereignty:

First and foremost, the ethical, value-based issue of the official declaration would be settled, according to which the Land of Israel belongs to the People of Israel, and to it alone. It would put an end to the vacuum of power that has been created in Judea and Samaria during the past twenty years, a vacuum which inflames the Arab ambition to establish a state and leads to Arabs taking control over state lands, many terror attacks and a soft Israeli policy toward terror organizations and operatives. Issues of security, economy, water, sewage and environmental protection, archaeology and more, would become settled, and regarding the diplomatic attacks that Israel would have to absorb from the entire world – she is attacked anyway, without hesitation and without connection to her diplomatic behavior. This time, we would be getting criticized while having brought about a significant and historical achievement.

Our call for Israeli sovereignty over Judea and Samaria has been gaining momentum in recent years. Increasingly, public figures, members of Knesset, heads of local authorities and ministers are speaking of this, but we still need the uplifting tailwind of the spirit from the public. Women in Green together with the members of the second generation of the settlement movement and youths from throughout the entire Land seek to lead this spirit proudly.

And indeed, today Friday October 9, 2015, we will meet in the Oz veGaon Nature Reserve, which is on the hill near Gush Etzion Junction, for a special panel that will deal with the issue. The panel, which will be open to the general public and mediated by Orli Goldklang, will be joined by Likud MK Miki Zohar, Jewish Home MK Bezalel Smotrich, returning MK Shuli Mualem; Yaron Rosenthal, principal of the Gush Etzion Field School; Sarah Haetzni Cohen, one of the heads of My Israel; Moshe Savil, deputy head of Gush Etzion Council; Yisrael Zaira, one of the founders of Jewish Head and economic entrepreneur; and Liat Kirschenbaum, head of the Gush Etzion youth council.

At the event, we will present and bless the new youth movement that will energetically continue the call and demand to apply Israeli sovereignty in Judea and Samaria.

Yehudit Katsover and Nadia Matar

Foreign Ministry Summons Swedish Ambassador to Jerusalem

Sunday, October 5th, 2014

The Ministry of Foreign Affairs has summoned Sweden’s ambassador to Israel to Jerusalem in the wake of the statement by Swedish Prime Minister Stefan Löfven this weekend that his government will recognize the Palestinian Authority as a sovereign country.

In a statement issued Sunday, Israeli Foreign Minister Avigdor Liberman said that he “regrets that the new prime minister was quick to issue statements regarding the position of Sweden on recognition of a Palestinian state. He apparently has not yet had sufficient time to study the matter and to understand that it is the Palestinians who have for the past 20 years been an obstacle to reaching an agreement with Israel.”

Liberman added that “Prime Minister Stefan Löfven must understand that no declaration and no measure by an external party can serve as a substitute for direct negotiations between the parties and a solution that will be part of an overall arrangement between Israel and the entire Arab world.

“If what concerns the Prime Minister of Sweden in his inaugural address is the situation in the Middle East, he would better focus on the more urgent problems in the region, such as the daily mass murder taking place in Syria, Iraq and elsewhere in the region.”

Sweden’s prime minister told lawmakers Friday that formal recognition of the entity as a sovereign nation is a statement to present the “two state” solution as fact.

Muslims account for nearly 10 percent of Sweden’s population and the country has accepted nearly 100,000 refugees this year alone from Iraq and Syria. It is no coincidence that in Sweden, as in other European nations, the overwhelming Muslim demographic in leftist parties tends to tilt government policies in favor of the Palestinian Authority.

Turkish-born Mehmet Kaplan was recently appointed to be Sweden’s new Minister of Urbanization, according to Iran’s semi-official FARS news agency.

Kaplan was among those arrested for attempting to breach Israel’s maritime blockade of Gaza in a “humanitarian aid” flotilla of six ships in May 2010. He was present on the Turkish IHH-sponsored Mavi Marmara vessel, which when searched was found to be carrying no aid items whatsoever and instead bore armed terror activists primed and ready for battle.

Hana Levi Julian

Call for Sovereignty on Temple Mount by Rabbis

Tuesday, May 27th, 2014

A group of some 30 rabbis has called for sovereignty over the Temple Mount in advance of celebrating the liberation of the remainder of the city of Jerusalem during the 1967 Six Day War.

Tuesday evening marks the start of Jerusalem Day, the 47th anniversary of the reunification of the holy city.

The group, which went up to the holy site on Tuesday morning, included members of various streams in the religious Zionist movement. In its statement is “expressed the eternal and renewed bond of the Jewish people to the holy place of the Temple Mount and the public claim to start Jewish sovereignty, Jewish law in practice” on the site.

The rabbis underlined, however, that those who ascend to the Mount must do so in accordance with the restrictions set forth in Torah law.

Jewish Press News Briefs

Temple Mount Closure And EU Boycott

Wednesday, August 7th, 2013

On Tisha B’Av Prime Minister Netanyahu dramatically declared that Israel would not allow foreigners to interfere with our borders. This may have sounded like good news to local ears, but on the very same day the prime minister contradicted his own policy.

On the morning of Tisha B’Av, hundreds of Jews, among them three Knesset members, attempted to enter the Temple Mount – but were denied access. The next day Deputy Foreign Minister Ze’ev Elkin made a second attempt to enter the Mount but was turned away. When MK Yariv Levin asked about this fiasco in the Knesset plenum, Internal Security Minister Yitzhak Aharonovich answered, as usual, that there is no policy change regarding the Mount and that anyone who wishes to enter can do so. He said that Jewish visitors enter the Mount every day with no problem and that the closure of the Mount to visitors (including Knesset members) was the security decision of the local commander.

Aharonovich knowingly lied to the Knesset. Everyone involved with the Temple Mount issue knows that since Netanyahu acquiesced to the demands of the Muslim wakf and denied me access to the Temple Mount, police control of the holy site has rapidly deteriorated. The Temple Mount has become a staging ground for a vicious struggle, with cries of “kill the Jews!” becoming routine there. Jews are consistently distanced from the Mount and Israel’s police project unprecedented spinelessness, fear and defeatism in the face of the burgeoning brazenness of the Muslim wakf.

Israeli police have all the means at their disposal – if they choose to use it – to disperse the Arab rioters within minutes and to make it possible for the Jews to visit their holiest site. But, as it is wont to do, Israel’s police adopted the role of security fig leaf for the prime minister, who is giving the holy Mount’s sovereignty to Jordan and the Muslim wakf – while talking mightily about not allowing foreigners to interfere in Israel’s sovereignty.

Aharonovich claimed that the Mount was closed, due to security considerations, as per the decision of the local commander. But there is a truly reliable side to this story contrary to his version of events. Here is the relevant part of the Jordan News Agency’s July 16 report from Ramallah:

Israeli Police Prevent Jewish Extremists From Entering Al-Aqsa Compound Due To Demand By Jordan

Following the pressure exerted by [the] Jordanian government on the Israeli authorities, the Israeli police on Tuesday closed the Mughrabi Gate, one of Al-Aqsa Mosque’s doors, and prevented Jewish extremists from entering it.

Director of the Islamic Waqf in occupied Jerusalem, Sheikh Azzam Al-Khatib, told Petra [News] that the Israeli police closed the gate and prevented extremists and foreign tourists from entering Al-Aqsa compound today, “the anniversary of the destruction of the Temple,” after Jordanian pressure and intervention by the Department of Islamic Waqf and [the] Jordanian ambassador in Tel Aviv, Walid Obeidat.

He confirmed that the ban came as a result of the intensive communications undertaken by Jordan to prevent the desecration of Al-Aqsa during the holy month of Ramadan. Al-Khatib praised the vital Jordanian role in protecting Jerusalem and the holy sites.

This report, verified by additional sources, is nothing new. The prime minister has used the police, the attorney general’s office and the courts before in his quest to implement a political decision when wanting to cede sovereignty on the Temple Mount to the Muslims. And he’s done this without the Knesset’s authorization. This is how issues surrounding the Temple Mount have been disposed of since it was liberated. Netanyahu has simply expanded the practice.

The capitulation on the Temple Mount leads to the construction halt in Jerusalem. In other words, the organs close to the heart become infected with the same illness: the loss of sovereignty syndrome. In this manner, our existential legitimacy in the entire land is crumbling before our eyes.

What do we expect of the European Union? After all, for 46 years we have been saying that the land of Israel is theirs – not ours. We hurried to give the heart of Jerusalem and the nation, the Temple Mount, to the Muslim wakf. We refused to declare Israel’s sovereignty in Judea, Samaria and Gaza. We recognized another, conveniently invented “nation” as indigenous to the land, recognized its terrorist liberation movement, and armed it with Israeli weapons. We vowed to retreat so as to enable the establishment of a state for this make-believe “nation” in the heart of biblical Israel. We expelled and destroyed entire Jewish communities. We committed ourselves to the two-state principle.

But over the past 20 years not one of our leaders, at any level, has said that this is our land – no ifs, ands, or buts. This straightforward phrase simply does not exist in the lexicon of Israel’s political and military leadership.

So why are we surprised that the Europeans are tired of this entire subject? It took them 46 years to be convinced that we are serious that this really is not our land, that we are nothing more than foreign conquerors in Palestine. Perhaps the Arabs are not nice, they think, but they are very, very right on this issue. After all, Israel’s political Left and Right have both bowed to their claims and recognized the justice of their cause. Yitzhak Rabin shook the hand of their murderous leader, while Netanyahu hugged him with both his hands. So what can we expect: that after we have admitted that we are the problem, the Europeans will allow us to continue to threaten world peace?

We no longer have anywhere to run from the scales of justice. When you do not put your weight on one side of the scale, the other side is heavier. You can be prettier, nicer, more European – and even a peace seeker. But if you have abandoned your side of the scale, the other side will always win.

We lost the justice of our cause when we gave the Temple Mount to the Muslims. The only way to restore our justice is to remove the Muslim wakf from the Mount and to empower our holiest site as the center of holiness and exclusive sovereignty of Israel.

Moshe Feiglin

Iran’s Unhidden Plan for Genocide: A Legal Right to Prevent Genocide? (Second of Three Parts)

Monday, March 25th, 2013

Originally published under the title “Iran’s Unhidden Plan for Genocide: A Legal Assessment (Second of Three Parts).” 

On June 7, 1981, Israel launched Operation Opera against Saddam Hussein’s nuclear reactor outside Baghdad. Officially, this preemptive attack on Osiraq – which ultimately saved a great many American and other lives ten years later, during the first Gulf War, was an expression of anticipatory self-defense. Interestingly, however, because Iraq had always considered itself to be formally at war with Israel, the Jewish state could just as easily and correctly have regarded this essential act of preemptive self-defense as something else.

Back in 1981, taking an alternative legal position, Prime Minister Menachem Begin could have justified Operation Opera as a permissible tactical action in the wider context of a longstanding and ongoing belligerency. Had he done so, Israel could then have pointed out that both of the pertinent legal obligations applying here had also been fully satisfied. These are the always twin obligations of “just cause” (facing an existential threat), and “just means” (minimizing collateral harms). To be acceptable, any act of anticipatory self-defense would have to fulfill classic law of war expectations that the means used to injure an enemy are not unlimited.

Jurisprudentially, it is significant that Begin chose, explicitly, to link Operation Opera to preventing, in his words, “another Holocaust.” Historically, of course, the rationale of including anticipatory self-defense under customary international law had been the prevention of aggression, not genocide. Logically, it was not until 1951, when the Genocide Convention first entered into force, that the legal question of defensive first strikes to forestall such crimes against humanity could even have been raised.

After the Holocaust, and subsequent Nuremberg Trials, it became plain that the prerogatives of sovereignty in world law could no longer remain absolute, and that the once-legitimate cover of “domestic jurisdiction” would now have to exclude certain crimes against human rights. With this very fundamental transformation, individual human life was to be held sacred everywhere, and individual states were no longer automatically precluded from entering into the “territorial sphere of validity” of other states. On the contrary, from then on the traditional norm of “non-intervention” would need to yield to indisputably compelling judgments of “international concern.”

It was now the reasonable expectation that all states, either individually or collectively, would acknowledge a distinct and overriding legal obligation to prevent Nuremberg-category crimes (after 1951, crimes of genocide) in other states, even to the extent of undertaking active intervention within those sovereign states.

This critical obligation was strongly reinforced at Articles 55 and 56 of the United Nations Charter, a core document that has the formal status of a multilateral treaty. Today we speak of all such permissible interventions as “humanitarian.” Sometimes diplomats and scholars prefer the closely related term “The Responsibility to Protect.”

Whichever term is preferred, the international legal order now accepts and expects that all states will feel co-responsible for each other, including the prevention of genocide and certain corollary crimes against humanity. Examples of this collaborative expectation, a concept that makes incontestably good sense in our still-anarchic system of world law – a system that first came into being in 1648, when the Treaty of Westphalia ended the Thirty Years’ War and that has yet to be replaced with genuinely effective supra-national legal institutions – can be found in at least four prominent post-Holocaust cases:

(1) the Tanzania-led invasion of Uganda in 1979, which put an end to Idi Amin’s almost decade-long genocide against the Acholi and Langi tribes;

(2) the Vietnamese invasion of Cambodia in 1979, which put an end to the Khmer Rouge mass murder of almost 2,000,000 people, a genocide that had targeted several diverse populations along many different ethnic, cultural, and tribal lines;

(3) the 1971 genocide against Bengali people, the “Bangladesh Genocide,” which covered an area then originally known as “East Pakistan,” and that was finally stopped by massive Indian military intervention; and

(4) the 1994 invasion of Rwanda by Tutsi rebels who had been “hosted” in neighboring Burundi, and also in the Democratic Republic of the Congo. This genocide, perpetrated largely by Hutu extremists (the interahamwe) produced almost 1,000,000 deaths in ninety-days, making it the “fastest” genocidal mass murder in human history. It is also infamously noteworthy because the European powers, the United States, and the United Nations had all abandoned every shred of responsibility for humanitarian intervention or the responsibility to protect.

Louis Rene Beres

Conference Urges Israeli Sovereignty Over Judea And Samaria

Wednesday, August 1st, 2012

JERUSALEM – “It is not just Israel’s right to apply sovereignty to Judea and Samaria,” said Eran Bar-Tal, economics reporter for Makor Rishon, “but its obligation.”

This was the feeling of virtually all the participants and speakers at last month’s “Applying Sovereignty to Judea and Samaria” conference in Hebron. The only dispute among some of the speakers was whether to immediately apply Israeli sovereignty to all of Judea and Samaria (Yesha), or only to parts.

Both the program and the hall – the Hebron Heritage Center next door to the Machpelah Cave – were packed. No fewer than fifteen speakers addressed the hundreds of participants, including four pre-taped video appearances, as well as the two organizers, Nadia Matar and Yehudit Katzover of Women in Green.

The bottom line, as far as the conference participants were concerned: It’s time for Israel to put an end to the dangerous and barren talk of a Palestinian state in Eretz Yisrael and instead take mastery over the ownerless areas now under its control. The various experts in their respective fields explained how this course of action is indicated from the standpoints of Torah, international law, demographics, Israeli security, the well-being of both the Jewish and Arab inhabitants, and more.

Many speakers mentioned the recently released Levy Report that details the legal basis for Jewish settlement throughout Judea and Samaria. Cabinet Minister Rabbi Dr. Daniel Herskovitz and Knesset Member Tzipi Hotovely both called for the report to be made into law, meaning that all Israeli building and construction laws would be applied to Yesha in place of the military regulations that currently apply. In addition, land disputes in Yesha would be adjudicated in regular courts, and not in the Supreme Court or by the defense minister.

Rabbi Uziyahu Sharbaf, head of a kollel in Hebron, detailed the Torah basis for the demand for sovereignty in the entire Land of Israel. Scripture, he pointed out, shows that God chose the Land of Israel just as He chose the nation of Israel, and the latter cannot exist in its entirety if the former is not complete.

“Let’s not fall into the trap of what’s considered ‘practical,'” he proclaimed. “The deep truth is eternal. We must continue to redeem and build the land as much as we can, until the government of Israel realizes that it is its responsibility to redeem the entire land.”

Yoram Ettinger, consultant to Israeli legislators on U.S. policy and U.S.-Israel bilateral projects, made the case that the demographic “scare” is a bluff. Introduced by Matar as an “indefatigable optimist,” Ettinger responded, “Not at all; I’m simply a realist. The famous Jewish demographer in Herzl’s time, Simon Dubnow, tried to scare Herzl in 1898 by telling him that within a century there would be no more than half a million Jews in what is now Israel. Fortunately, Herzl did not listen… Today, as well, despite what we are often told, the demographics are in our favor.”

Ettinger said the number of Arabs between the Mediterranean and the Jordan are exaggerated by up to a million, due to double counting and counting of absentees.

MK Uri Ariel and Emanuel Shilo, the editor of the weekly B’Sheva newspaper, were among the minority who proposed not rushing to apply sovereignty over Yesha in its entirety but rather working in stages. Shilo said sovereignty should begin in the Jordan Valley.

“I don’t agree with those who say we should begin with the areas that everyone agrees will remain ours, such as Maaleh Adumim,” he said. “These places are part of our struggle, so why should we lose them and all their advantages in our fight for all of Yesha?

“We should rather start with places that stand to be at the center of negotiations. Netanyahu has already hinted that the critical Jordan Valley – our border with Jordan – will remain under ‘IDF control’ for a ‘number of years.’ He is not talking about forever, and he is not talking about Jews living there. The Jordan Valley must be our first battleground.”

Event organizer Yehudit Katzover of Kiryat Arba said it is time Jews stopped having to put out individual fires lit by those who believe Jews do not belong in Judea and Samaria: “At present, Beit El has to deal with Givat HaUlpena, Kiryat Arba has to worry about Jewish buildings legally purchased in Hebron, Eli has to take care of its homes deemed illegal – every community is left to its own devices. There must be one, comprehensive Israeli law that governs all of Israel.”

Hillel Fendel

Printed from: http://www.jewishpress.com/news/israel/settlements-israel/conference-urges-israeli-sovereignty-over-judea-and-samaria/2012/08/01/

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