Photo Credit: Google Maps
Aerial view of Kokhav Ya'akov

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.

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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).

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David writes news at JewishPress.com.

16 COMMENTS

  1. Even though Israel seems to be wanting to be a country of Democracy, those in charge seems to be implying laws that have no basis. The PA is not legal as Oslo was not legal. Hence despite the self-haters who would work for the chaotic influences like the EWWW aka EU, David Duke, the PLO, Ham-Ass, etc. They have no basis in modern International Court. As they are groups of terrorism and to commit acts against citizens of any VIABLE country is illegal and should meet with stiffer penalties than for Israel to give in to them.

  2. Final Border Status. Part 6 0f 7.
    Quote: The Lubavitcher Rebbe.

    The government of Israel sent an emissary, a Jew, to negotiate with a gentile. What does he do? He begins to research non Jewish sources; perhaps there he will find proof for Jewish rights to the Land. When he finally meets with the gentile and begins to prove that the Land of Israel belongs to the Jewish Nation because Balfour said so, it’s pitiful because the gentile realizes that this is not a legitimate claim.
    The claim must have strong legal justification [recognized also by the gentiles] that the Land of Israel and her borders belong to the Jewish Nation [aside from the greater borders predicted in the Torah portion [Re-ei 12.20], ‘When G-d will broaden your borders’ after the arrival of our righteous Moshiach]. Even if there is need to pay 400 silver shekels, still, the lands are Jewish. The gentile will recognize the truth of this claim, which was not invented in 1948 [with the establishment of the State], but going far back in time to the Revelation at Mount Sinai, and even before that, to the Covenant with Abraham. Only then will the gentile not be suspicious that if he will grant the Jewish nation one portion, they will not further their demand for another portion, because the Jewish Nation are only asking for that which is rightfully theirs!

    for full talk go to israelstandstrong.blogspot.com

  3. The IDF Legal Division is over saturated with highly paid Bureaucrats and other Leftists pencil pushers who would like nothing better than the Jewish population in the land liberated from Jordanian occupation be reduced to zero. They do this with the help of foreign organizations who continuously seek justice for everybody accept religious Jews whom they can't stand and the European governments hate.

  4. The policy of the European governments since Oslo and before has been to reduce the Jewish population in the areas liberated from foreign occupation to zero. They do this with the help of the so called Supreme Court whose decisions almost always goes against the interests of the Jews living there ans mostly in favour of the Arabs.They do this with the help of the Army whose commanders are mostly Leftists who hate religious Jews and with the help of their foreign funded organizations.

  5. We jews are some really stupid, self destructive dumb ass mother f___ckers. the people in government are just killing this country trying to be so fair and objective and politically correct while the rest of the world wants to abolish us from the face of the earth, this is israel today, why do we need the ottoman law? we dont. we are just to fu–king stupid to help ourselves. makes me want to puke

  6. You can't apply law from a government and ruler that no longer exists. Further, the Balfour Declaration, League of Nations Charter and UN Charter take precedence.
    And, if that's not enough, tell to go pick up a Chumash to see who owns the land.
    This is the height of abject stupidity. The IDF leadership in this area is acting with treasonous hearts and will likely suffer the same fate as the ill-advised 10 spies of the desert generation.
    SHAME ON THEM!!!

  7. A claim based on history as defined by Torah would end with
    the destruction of the Second Temple. Since then more than
    2000 years have passed. Various Colonial powers have divided
    up the Middle East: the Ottoman Empire, the French and the
    British. Today, we have Saudi Arabia, the Emirates, Bahrain,
    among others. Some countries have existed since ancient
    times; others have been renamed; some have become part of
    other countries. We never state that since they were not on the
    map 2000 years ago, they do not exist. Some rule of law must
    be used to determine boundary lines. The Israeli courts used
    the only existing law in making a legal determination.

  8. There is a rule of law, it is called Torah. And, sorry to burst your illusions, but it does not matter the number of years. This Land, all of it was given to the Jewish People ONLY by the Creator of the World. You want to change that? Then I suggest you try suing G-d. In the meantime, we will take all measures to perform the mitzvot handed down to us to settle the Land. Very soon, it will return to its Biblical boundaries and all these fake entities of which you speak will be gone from the face of the earth. And, if you are not careful in standing against G-d, you may also be gone from the face of the earth.

  9. I thought we had a medinat Israel, flawed as it may be. We are living under Turkish rule? Then what the heck are we paying salaries for to a knesset of hot air blowers who anyway have no say in what happens here in Eretz Israel? What's the point of PM and President, as terribly flawed as they are??? Medinat Israel should just pack up and go home and we can start paying our taxes to erdogan and his hoodlums. This place is ridiculous. Moshiach please???!!!!

  10. The IDF heads and courts are in bed with the obamba administration. They are prostitutes for the pentagon. It goes something like this: "you want our worthless arms deal, which does your economy no good because you have to spend all the money over here, and anyway we send you broken stuff…then you have to kick Jews off their land and give it to the fakestinians so that they can gain closer access to kill more Jews." And the IDF brass bends over and kisses butt and say, "yasa master!"

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