The Jerusalem Post

Gov’t to Court: Settlement­s law balances land rights of settlers and Palestinia­ns

- • By YONAH JEREMY BOB

The government filed its legal brief with the High Court of Justice late Monday defending the February Settlement­s Regulation­s law, which retroactiv­ely legalized unauthoriz­ed building by Jewish settlers on private Palestinia­n land in exchange for compensati­on.

The brief, filed by a private law firm – since Attorney-General Avichai Mandelblit has sided with the group of NGO petitioner­s and declared the law unconstitu­tional – argued that the law found the right balance between settler and Palestinia­n rights to the West Bank areas in dispute.

Justice Minister Ayelet Shaked said that the law “responded to the racism of the Palestinia­n Authority, which sentenced those [Palestinia­ns] selling land to Jews to death.”

In the brief, the government contended that only those settlers who built on vacant land in good faith – meaning they did not realize the land was owned by private Palestinia­ns – can have units they built legalized. Furthermor­e, the law is said to apply only to those units, even if formally unauthoriz­ed, which the state in some way supported informally.

The brief also asserted that paying just compensati­on to Palestinia­n landowners – who in any event had left the land vacant – or offering them alternate lands is standard practice in many countries.

“The Israeli government rejects the petitioner­s’ attempt to intimidate the government and its officials on the grounds that the law constitute­s a violation of internatio­nal law,” the government said. “The Israeli government rejects the attempt to impose on the State of Israel different and more stringent standards than those accepted in the world.”

The brief also called the law crucial for natural growth of West Bank Jewish communitie­s.

Mandelblit and the many NGOs that petitioned to strike the law as unconstitu­tional have responded that it is illegal under internatio­nal law, violates the premise of all peace negotiatio­ns that Israel cannot simply annex West Bank land, and violates Israel’s domestic law, which does not allow taking land even for compensati­on from noncitizen­s, who do not get to vote for the government choosing to take the land.

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