Gov­ern­ment Sub­mits De­fense of Set­tle­ment Reg­u­la­tion Law

The Jewish Voice - - ISRAEL - By: TPS

The Judea and Sa­maria Reg­u­la­tion Law bal­ances be­tween the needs of set­tlers and the prop­erty rights of Pales­tini­ans, the gov­ern­ment said in a re­sponse filed late Mon­day to the High Court of Jus­tice. Re­spond­ing to chal­lenges to the law that seeks to retroac­tively le­gal­ize Is­raeli set­tle­ments built on pri­vate Pales­tinian land in Judea and Sa­maria in ex­change for the al­lo­ca­tion of al­ter­nate lands or fi­nan­cial com­pen­sa­tion, the State said the law is fair and eq­ui­table to all par­ties.

“The Judea and Sa­maria Reg­u­la­tion Law pro­vides a pro­por­tional, fair and hu­mane re­sponse to the very real dis­tress of Is­raeli cit­i­zens who built their homes with gov­ern­ment support and at the same time gives Pales­tinian landown­ers the op­por­tu­nity to re­ceive ap­pro­pri­ate com­pen­sa­tion for their rights,” the State said.

The State is rep­re­sented by a pri­vate at­tor­ney, Harel Arnon, the au­thor of a book on land laws and in­ter­na­tional law in Judea and Sa­maria. The State was forced to hire a pri­vate at­tor­ney af­ter At­tor­ney Gen­eral Avichai Man­del­blit re­fused to de­fend the Reg­u­la­tion Law, which he has said is in­de­fen­si­ble in court and could put Is­rael in breach of in­ter­na­tional law, pos­si­bly lead­ing to le­gal pro­ceed­ings at the In­ter­na­tional Crim­i­nal Court.

The Reg­u­la­tion Law was passed in Fe­bru­ary 2017 fol­low­ing the evic­tion of some 40 fam­i­lies from Amona, an unau­tho­rized out­post ad­ja­cent to the set­tle­ment of Ofra, north of Jerusalem. The law would retroac­tively le­gal­ize close to 4,000 homes built on pri­vate Pales­tinian land by ex­pro­pri­at­ing land rights to the state. The Pales­tinian landown­ers would be com­pen­sated with al­ter­nate lands or com­pen­sa­tion at a rate of 125 per­cent of the land’s value.

The state added that it be­lieved the Reg­u­la­tion Law met the cri­te­ria of both Is­raeli law and in­ter­na­tional law and that it re­jected “at­tempts to in­tim­i­date the gov­ern­ment and its of­fi­cials on the grounds that the Law con­sti­tutes a violation of in­ter­na­tional law.” Fur­ther­more, it said, “the gov­ern­ment of Is­rael re­jects at­tempts to im­pose on the State of Is­rael dif­fer­ent and more strin­gent stan­dards than are stan­dard prac­tice else­where in the world.”

The re­sponse added that “the Law im­proves the sit­u­a­tion of the (Pales­tinian) landown­ers visa-vis their present sit­u­a­tion in which they find them­selves with­out land, with­out com­pen­sa­tion and with­out the abil­ity to sell, this as a re­sult of the racist leg­is­la­tion passed by the Pales­tinian Au­thor­ity which calls for the death sen­tence in the event of selling land to Jews.”

Last week, the High Court of Jus­tice is­sued a tem­po­rary in­junc­tion sus­pend­ing im­ple­men­ta­tion of the Reg­u­la­tion Law un­til ap­peals against it have been heard.

The Judea and Sa­maria Reg­u­la­tion Law bal­ances be­tween the needs of set­tlers and the prop­erty rights of Pales­tini­ans, the gov­ern­ment said in a re­sponse filed late Mon­day to the High Court of Jus­tice. Photo Credit: Hil­lel Maeir/TPS

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.