Wednesday, July 04, 2012

We're Unoccupied‏


Reported in Hebrew (English later in the day but here's the gist):-

Superior Court Judge retired, Edmond Levy, who heads the Committee to examine the state of construction in Judea and Samaria, ruled yesterday the findings of the committee's report that "under international law, Israelis possess the legal right to settle in Judea and Samaria, and at the least in the areas under Israel's control by virtue of agreements with the PA and therefore the establishment of settlements in itself does not suffer from illegality".

In the findings of the report, transmitted to the Attorney General Yehuda Weinstein, wrote Levi that "after examining the work of the Committee and considering all things heard and learned, the fundamental conclusion is that from the perspective of international law, the laws of 'occupation' do not apply, due to historical circumstances and legal details, to the Israeli presence in Judea and Samaria for decades . In addition, the Fourth Geneva Convention regarding the transfer of population does not apply and was not intended to apply for settlement such as that of Israel and Judea and Samaria ".

...From now on, to proponents of the settlement and political level, it should be clear that they had ordered only act within the law, and its institutions are obligated to act future determination to enforce the law. "

Among the recommendations: The government must clarify its policy on the question of Israeli settlement in Judea and Samaria to prevent an interpretation of its decisions; new communities will be established only after the government or ministerial committee had been authorized and so decided; and expansion of settlement outside of the jurisdiction requires a decision of the Minister of Defense or the Ministerial Committee settlement, with the knowledge of Prime Minister.

However, the Commission's conclusion regarding West Bank settlements were built on state land or land purchased by Israelis, with the assistance of state agencies, and were defined as being allowed to "because it is not progress to construct a government decision, is that the establishment of these settlements was made over the years knowledge, encouragement and consent of the highest political level - ministers and its leaders and that this conduct should be seen as consent. Under these circumstances, the report states that the welfare of such communities evacuation is not practical, and find another solution, such as payment of compensation or offer of alternative land...and the implementation of demolition orders of these communities should be avoided, since the government itself has caused this situation.  It is further proposed that the state will accelerate within a fixed period, the review of settlements established on land whose costs is not defined. Towns where there is disagreement, it is proposed that the state will determine its position on how to perform evacuation or, only after a thorough investigation between the rival parties before the courts. To facilitate the residents, the Commission proposes the establishment of courts in the West Bank to discuss land disputes or increasing the authority of District Court judges for discussions relating to conflicts.

To avoid uncertainty and to promote stability, it is proposed that Israelis and Palestinians will register their rights in land within a specified period, between four and five years. At the end who will not lose the rights registry. It also proposed that Israel may purchase land in the West Bank not only in a corporation registered in the region.

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