The Jerusalem Post

Israel approves new Jewish apartment complex in Hebron, despite US pressure

- • By TOVAH LAZAROFF

Israel approved the constructi­on of the first modern Jewish building in Hebron in the last six years on Monday, even though the US had pressured Prime Minister Benjamin Netanyahu to delay the project.

The apartment complex of 31 units would be located in an already existing Jewish compound, called the Hizkiyahu neighborho­od. It houses the Hebron Yeshiva and is home to six families that live in modular homes.

Hebron Jews hope it is the first of a number of structures they would like to see built in that stretch of Shuhadah Street which also houses the military base Plugat Hamitkanim.

The Higher Planning Council for Judea and Samaria debated the project on Monday as the initial part of a three-day meeting, in which plans for some 3,763 settler homes will likely be advanced.

Officials connected to the

council told The Jerusalem Post that the planning body had issued the permit for the constructi­on but had yet to publish a formal announceme­nt. A number of related restrictio­ns are attached to the project, the officials said.

Such housing approvals are rare in the biblical city to which all rightwing politician­s claim historical and religious connection, but which is also one of the more contentiou­s areas of the West Bank.

In 2011 the council approved the constructi­on of a dormitory for the Hebron Yeshiva, and in 2002 approvals were given for 10 apartment units in Tel Rumeida.

Attorney Samer Shihadih, who represents the Hebron Municipali­ty, said he intends to appeal the decision first within the Civil Administra­tion and, failing that, he will turn to the High Court of Justice.

“The council convened solely to approve the project and did not allow us to properly present our case,” Shihadih said.

Hebron’s Jewish community welcomed the news, stating: “Building of the City of the Patriarchs by the Israeli government is a Zionist, just, necessary and blessed step.”

It thanked Netanyahu as well as the ministers and politician­s who had participat­ed in a public campaign for the project.

Skepticall­y, it added, “We ask everyone to ensure that the constructi­on is indeed carried out without delay.”

The left-wing group Peace Now said, “While doing everything in his power to please a small group of settlers, Netanyahu is harming Israel’s morality and image abroad, while crushing basic values of human rights and dignity.”

The Jewish community has argued that it has the right to build on that spot because the property in question was owned by the city’s original Jewish community. It is located next to property owned by that community until it was destroyed by the 1929 Arab massacre in which 67 Jews were killed.

A plaque on the entryway to the complex explains that Hayyim Israel Romano built a Jewish apartment building at the site already back in 1876, which was then purchased in 1912 by the former Lubavitche­r rebbe Rabbi Sholom Dovber Schneersoh­n to house the Torat Emet Yeshiva.

The British police commandeer­ed the property in 1917 for their headquarte­rs. When the Jordanian army captured Hebron in 1948, it used the building as a school and built a bus terminal next to it.

When the city passed into Israeli hands after its victory in the Six Day War, the Lubavitche­r Rebbe gave the property to the new Jewish community which returned to Hebron in 1979.

But the technicali­ty of how land ownership works in the West Bank has legally made those points mute in the past.

After the Six Day War, the land was transferre­d to the custodian of absentee property, who continued to lease it to the municipali­ty on the understand­ing that the city held a protected tenancy which allowed it to continue to use the property.

According to Peace Now, the IDF seized the land in the 1980s for military use and built Plugat Hamitkanim there, forcing the bus station to move to another location. Since then, six families have moved onto the part of the base that had belonged to the Lubavitche­r rebbe.

The municipali­ty has argued that the land is still under a protected lease and therefore cannot be used for Jewish developmen­t.

The Jewish community has, in turn, explained that the lease has since expired, and there is no prohibitio­n against constructi­on on that site. Legal opinion in the Civil Administra­tion and the Justice Ministry has been split on this issue. In 1991 the ministry held that the municipali­ty’s lease had expired, while the Civil Administra­tion’s legal adviser in 2007 argued that it was still in place.

The Hebron Jewish community has further contended that under the 1997 Hebron Agreement, they have a right to build on property that belonged to the pre-1929 community.

If the project is built, it would help extend the Jewish community’s hold on the stretch on Shuhadah Street that runs from Beit Hadassah to the Tomb of the Patriarchs and already includes the Avraham Avinu complex.

The authorizat­ion comes just three months after UNESCO’s World Heritage Committee inscribed the Tomb of the Patriarchs and the surroundin­g Old Town where Shuhadah Street is located on the World Heritage List as a Palestinia­n World Heritage Site.

UNESCO is unlikely to consider that the project is in keeping with the historical nature of Old Town.

Since 1997 the city of over 220,000 Palestinia­ns has been divided. Eighty percent of it is under the auspices of the Palestinia­n Authority, and another 20% is under Israeli military rule, with some 1,000 Jews living in that section of the city. •

 ?? (Tovah Lazaroff) ?? THE ENTRANCE to the compound in Hebron’s Hizkiyahu neighborho­od as it appears today (left), and a photo of the design of the projected 31-unit apartment complex to be built there.
(Tovah Lazaroff) THE ENTRANCE to the compound in Hebron’s Hizkiyahu neighborho­od as it appears today (left), and a photo of the design of the projected 31-unit apartment complex to be built there.
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