web analytics
December 9, 2016 / 9 Kislev, 5777

Posts Tagged ‘Supreme Court’

Appointment of IDF Chief Rabbi Delayed by Court

Monday, November 21st, 2016

The appointment of Colonel Eyal Karim as the next IDF Chief Rabbi has been held up by the High Court of Justice.

The court issued a temporary injunction Monday against the appointment, and asked the rabbi to file a deposition clarifying his positions on the issues of homosexuality, women, and refusal of orders by IDF soldiers.

The move comes in the wake of past comments by the rabbi, and in response to a petition filed by the Meretz party against his appointment.

Chief Justice Miriam Naor said during a hearing on the matter that the Court wants to hear what e rabbi has to say about it, “What his position was then, what it is now, and whether he has changed his mind,” Ynet reported Monday.

In the past, the rabbi has expressed opposition to homosexuality (as does the Torah), military female enlistment in the current situation, and discussed the Torah laws regarding rape during wartime. His remarks, posted on the Kipa religious website, were taken out of context as has happened with many other rabbis who have taught classes on similar issues in the past.

“Col. Karim asks to clarify that his statement was issued as the answer to a theoretical question and not in any way whatsoever a question of practical Jewish law,” said the IDF Spokesperson’s Office in a response to the furor raised by Meretz and women’s groups over the rabbi’s remarks. “Rabbi Karim has never written, said or even thought that and IDF soldier is permitted to sexually assault a woman in war—anyone who interprets his words otherwise is completely mistaken. Rabbi Karim’s moral approach is attested by his years of military service in command, combat, and rabbinical positions in which he displayed complete loyalty to the values and spirit of the IDF, in particular the dignity of the person.”

Rabbi Karim, 59, is an alumnus of Bnei Akiva Nachalim and Yeshivat Ateret Cohanim. He has served as a combat paratrooper and as a commander of the elite reconnaissance unit prior to serving as head of the Rabbinate Department in the Military Rabbinate.

Hana Levi Julian

Haifa District Court Okays State Confiscation of Gaza-Bound Flotilla Vessel

Sunday, November 20th, 2016

by Ilana Messika The Haifa District Court agreed on Sunday to the government’s request to confiscate the Gaza-bound flotilla Marianne which tried to break the naval blockade around the Gaza Strip in June, 2015. The activists on the ship were arrested by the Israeli Navy and deported.

The confiscation is the first time an Israeli court has approved a confiscation request based on the 1864 Naval Prize Act, a British law regulating confiscation of pirate ships and bounty distribution.

After examining the legality of the Israeli blockade, the legality of the seizure of the ship by the navy and the grounds for confiscation, Justice Ron Sokol ruled, “The State of Israel fulfilled all its humanitarian obligations as required by the laws of war applicable at sea… The situation of the Gaza population does not justify annulling the naval blockade.”

“The Marianne sailed to Israel with the explicit intent of breaking the blockade, the owners (of the boat) knew about that goal and they knew the ship could be confiscated. And since this was the clear aim of the journey, there is indeed ground for confiscation,” Sokol concluded.

The Court also fined the respondents NIS 25,000 as compensation to the State of Israel.

The Marianne ship, which sailed from Greece with Arab Joint List MK Basel Ghattas on board, was part of the Swedish organization “Ship to Gaza” protest flotilla.

Israel first tried to confiscate a Gaza-bound ship, the Estelle, in August, 2013, following the ship’s attempt to bring concrete and toys to the enclave in the fall of the previous year. The government’s request was rejected by the Haifa District Court, and later by the Supreme Court in August, 2016, citing the 10-month delay between the apprehension of the ship and the time the State filed the confiscation petition.

Justice Ron Sokol, who also ruled on the Estelle case, wrote in the Marianne verdict, “The statute of limitations has not expired and the supplicant [Israel] has completed all preliminary requirements. I also find that the naval blockade imposed on Gaza waters fulfills all technical requirements related to imposing such a closure.”

The confiscation requests were part of an Israeli strategy aimed at discouraging flotillas from attempting to break through the blockade surrounding Gaza. Israel established the blockade after Hamas took over the Gaza Strip from Fatah.

This new ruling also follows on the heels of a 22-member European Union (EU) delegation to Gaza in early November, calling for the removal of the Gaza blockade.

“The EU calls for all the parties to take swift steps to produce a fundamental change to the political, security and economic situation in the Gaza Strip, including the end of the blockade and full opening of crossing points, while addressing Israel’s legitimate security concerns,” stated Ralph Tarraf, head of the EU delegation to the West Bank and Gaza.

TPS / Tazpit News Agency

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

Knesset Approves Arrangements Act in Preliminary Vote 58 – 50

Wednesday, November 16th, 2016

The effort to save the Jewish community of Amona from demolition and eviction has overcome its first big hurdle Wednesday afternoon, as the Knesset plenum passed the Arrangements Act by a vote of 58 to 50 with no abstention. The latest version of the bill, which now goes to deliberations in committee, lets the Arab claimants against Jewish settlements in Judea and Samaria to hold their title to the land while receiving market value compensation for it. The new law applies strictly to lands impounded by the Israeli government and not disputes over land that was settled without government sanction.

Finance Minister and Chairman of Kulanu Moshe Kahlon was reportedly uncertain whether his party should support the coalition bill, despite the fact that they were bound by “coalition discipline.” Kahlon was, and continues to be anxious about the possibility of a clash between the government and Israel’s Supreme Court, which is invested in seeing Amona, alongside the rightwing coalition, being brought down to their knees come December 25, the day decreed by the court.

Habayit Hayehudi Chairman and Education Minister Naftali Bennett, as well as Justice Minister Ayelet Shaked and the entire national religious faction refused to negotiate either the wording or the timing of the new legislation, which had been approved by the government on Sunday.

A spokesman for Habayit Hayehudi told Srugim, “Interestingly, what the prime Minster hasn’t been able to do for an entire year we suddenly managed to do in three days.”

However, both Minister Kahlon and Coalition Chairman David Bitan (Likud) warned that the bill would be suspended should it meet resistance from the Supreme Court.

JNi.Media

Bennett: If Law to Save Amona Fails, We’ll Stop Voting with Netanyahu Coalition

Wednesday, November 16th, 2016

As the Arrangement Act, compelling Arab claimants against government initiated Jewish settlements to accept market value for their lands, comes up for an initial vote at the Knesset plenum, two coalition partners — Kulanu and Habayit Hayehudi — have accused Prime Minister Netanyahu and Coalition Chairman MK David Bitan (Likud) of attempting to sabotage the vote. Bitan announced on Tuesday that there may be some difficulties in rustling support for the bill.

In response, Habayit Hayehudi faction informed Bitan that should the coalition partners not honor the coalition discipline rule and help defeat the government-supported legislation, Habayit Hayehudi would no longer vote in support of future coalition bills.

The threat was intended to pressure Likud to make sure all the coalition partners indeed show up to support the bill. As of Tuesday night, there have been rumors that Kulanu and the Haredi parties were considering a no-show during the vote. Now it appears those rumors were manufactured on behalf of the PM, who never was in favor of the proposed law.

On Tuesday, the Supreme Court rejected a coalition request to postpone the demolition of Amona, in Samaria, on December 25.

David Israel

Hekdesh Benvenisti Suing to Evict 9 Arab Squatter Families from Eastern Jerusalem

Wednesday, November 16th, 2016

The Hekdesh Benvenisti submitted this week eviction suits against nine Arab families in the Kfar HaShiloah (Silwan) neighborhood in eastern Jerusalem. To date, the association has sued 72 Arab families it wants evicted, based on the fact that the entire neighborhood belongs to Yemenite residents who settled there in the early 1920s.

Kfar HaShiloah is located on the eastern slope of the Kidron Valley, above the outlet of the Gihon Spring opposite the City of David.

The Hekdesh Benvenisti is an association established in 1899 for the purpose of building the Yemenite neighborhood. According to Daniel Luria, the executive director of Ateret Cohanim-Israel, the Ateret Cohanim NGO assists the Hekdesh facilitate acquisitions in the area, which has been conducting a legal campaign against the Arab squatters who took over the Jewish-owned homes following the 1949 armistice, when the Jordanian Legion governed eastern Jerusalem. The bulk of these Arab families took over the properties in the 1950s and 60s, and today there are some 80 Arab families there.

The Hekdesh went to court after the squatters refused the offer of money to vacate the Jewish properties.

Currently there are more than 50 Jewish families living in the area, some in homes purchased from Arabs, some in Beit Yonatan, an apartment building in the neighborhood, owned by Ateret Cohanim. Last year an Arab family was evicted from what used to be the century-old Yemenite synagogue, and the building has undergone renovations, complete with a glow-at-night star of David on the rooftop. Two additional apartment buildings have been redeemed over the past year, and are also being renovated to accept future Jewish families.

The Jewish residents of the area are often attacked by the Arabs, in many cases requiring intervention by police and Jewish security personnel. The process of removing the Arab squatters promises to be lengthy, but the association expects big rewards in terms of establishing a major, thriving Jewish neighborhood in eastern Jerusalem.

In 2014, White House spokesman Josh Earnest described the new, legal occupants of Kfar HaShiloah as “individuals who are associated with an organization whose agenda, by definition, stokes tensions between Israelis and Palestinians.” Prime minister Netanyahu was “baffled” by the criticism, deeming it “un-American.”

Attorney Avraham Moshe Segal, noted that “various courts, led by the Supreme Court, have determined that the Hekdesh is the exclusive owner of these lands, and we expect that the courts’ rulings be honored precisely.”

JNi.Media

Amona Residents to Netanyahu: Our Fate Is in your Hands

Tuesday, November 15th, 2016

An emergency meeting of the Amona community residents following the Supreme Court’s ruling rejecting government’s petition to postpone the Dec. 25 demolition, called on Prime Minister Netanyahu to save the day. Avihay Boaron, Chairman of the community’s struggle committee, delivered a direct message to Prime Minister Netanyahu, saying, “If, God forbid, you will not manage an arrangement of the homes of Amona’s residents and the lives of our children, we will stand as a fortified wall together with thousands who will arrive here from across the country on that day, when we move to a tent city we will erect in the coming days, to do all we can so that Amona will not fall a second time.”

Avihay Boaron, an attorney, told Netanyahu, whose Likud party received an estimated 4 to 5 out of its 30 Knesset seats from Judea and Samaria voters: “You are the commander-in-chief and you will decide the fate of Amona. We heard you saying today that you are attentive to our distress. We’re not looking for sympathy, we demand action, not talk. The only way to take care of us is to let us stay home.” He added: “The responsibility rests with you and your government ministers.”

Tamar Nizri, one of the founders of Amona, told the Prime Minister: “You once said that you are the captain of our ship. You are the captain of our state and we believe in you, and we need you to navigate us. We need you to help us stay here and go on preparing dinner for our children and raise them and rejoice with them and go on living in this community.”

“We came here 18 years ago, a young couple with a baby girl,” Nizri continued. “She just got married a month and a half ago and lives with her husband here, in Amona… I’m telling you as one of the mothers here, we want to keep raising our children, get them married, watch our grandchildren here, climbing the trees that are yet to grow, and it’s in your hands.”

Nizri then called on Netanyahu to support the Arrangements Act, to permit her and her family to stay in their community, and “be a leader who creates a new reality.”

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/amona-residents-to-netanyahu-our-fate-is-in-your-hands/2016/11/15/

Scan this QR code to visit this page online: