As
you may know, various voices emanating from the international community
attacked the validity of the Levy Report. Baker held his ground and
insisted that the Levy Report has it right. Good.
Dr. Alan Baker, an expert on international law
and a member of the committee headed by Judge Edmond Levi recommending
the extension of Israeli law to Jewish towns in Judea and Samaria, said
at a conference discussing the matter Tuesday night that Israel would be
fully in its rights to do so.
“The
task of the Levi Committee was to look at the construction situation in
Judea and Samaria and make the appropriate recommendations on how to
proceed,” Baker said at the event sponsored by the Women in Green
organization. The recommendation to authorize all construction in Judea
and Samaria made by the committee was a very important one, he said.
Until very recently, the guiding document for governments in Israel had been a 2004 report authored by leftist attorney Talia Sasson, who recommended the dismantling of many new communities, termed “outposts,” in Judea and Samaria. Sasson later ran for Knesset on the far-left Meretz party list.
Until very recently, the guiding document for governments in Israel had been a 2004 report authored by leftist attorney Talia Sasson, who recommended the dismantling of many new communities, termed “outposts,” in Judea and Samaria. Sasson later ran for Knesset on the far-left Meretz party list.
Baker said that much of the trouble relating to these communities was due to Sasson’s bad faith in preparing the report.
She had been asked by then-Prime Minister Ariel Sharon to prepare a
report on “unauthorized outposts, but when she produced the report she
termed them ‘illegal’ outposts.” The government, Baker said, had no
choice but to act on removing the communities, because “she turned
anyone who builds there into criminals.”
Because
of that report, Presidents Bush and Obama also adopted the attitude
that the communities were illegal, Baker said. This attitude was
mistaken, he claimed. “Not having authorization is not a crime…Our
mission was to clarify the situation and make appropriate
recommendations.”
The committee examined the rights of Israel to build in Judea and Samaria altogether. Leftist
groups, said Baker, attempted to prove that only Arabs had the right to
build on non-privately owned lands in the region, but those proofs were
rejected by the committee, he said.
“After
and extensive investigation, we determined that Judea and Samaria were
not legally ‘occupied.’ It was not under legal control of any entity,”
including Jordan, whose declaration of sovereignty over the region was
never recognized by international organizations like the UN, said Baker.
As a result, “building by Israel in Judea and Samaria does not violate
the Geneva Convention.”
In
contrast, Israel, as the representative of the Jewish people, could
claim an historic right to build in Judea and Samaria. “No one can deny
this historic right. There are no pacts, treaties, or any other documents that attribute Palestinian rights to the region.” Baker added that he had presented the committee’s conclusions to many diplomats, and all accepted them – except for Israel.
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