As of Saturday night, 25 Likud MKs have signed a petition calling on the Netanyahu government to pursue legislation to prevent the demolition and evacuation of Amona, an Israeli outpost in central Judea and Samaria. Israel’s Supreme Court ruled in 2006 that the Amona community is illegal under Israeli law, but its status remained unresolved as the government continued to fight the court’s eviction order. In December 2014, the court ordered the state to completely evacuate and demolish the settlement within two years.
Last week, Defense Minister Avigdor Liberman said the Court ruling was unequivocal, and there was no hope to keep Amona intact. “There is no way that Amona can be left as it is built today, because most of the houses are built on private Palestinian land,” Liberman told an audience in Ariel University. But he added that “all the rules that apply to Amona apply to every other place as well,” suggesting that leftwing MKs and NGOs, as well as the EU and the US government, are only interested in removing Jews from their homes, “but when it comes to enforcing rulings against other trespassers everyone stands up on their hind legs.”
The court has ordered the final date for the evacuation of the entire outpost to be no later than December 25 this year.
MK Shuli Moalem-Refaeli (Habayit Hayehudi) has submitted a bill dubbed the “Arrangement Law,” suggesting that homes that have been constructed using government supports would not be demolished should the claimants be able to show prior ownership. Instead, the land of the community in question would be confiscated by the State and the claimants would receive fair market value. This moves the burden of proof from the Jewish residents to the Arab claimants.
The signatories on the current petition include the vast majority of the Likud Knesset faction, including a few sworn enemies of the PM, such as Transport Minister Yisrael Katz and MK Oren Hazan. But since the entire Likud list is only 30 members strong, there are also many Netanyahu supporters who would like to see Amona spared.
Back in 2012 Netanyahu torpedoed a similar bill, submitted by Zevulun Orlev (Habayit Hayehudi), which attempted to save the community of Migron, north of Jerusalem. Netanyahu employed the coalition discipline, which killed the bill with a 69 to 22 vote. The same bill came up during the Knesset summer session, but the ministerial legislative committee decided to kill it.
The legal community opposes the idea, and AG Avihai Madelblit is on the record as saying such a law would be unconstitutional (a strange phrase in a country without a constitution), and is sure to be killed by the Supreme Court. He prefers instead purchasing land nearby and transporting the entire community over, at an enormous cost. Why not purchase the land and give it to the claimant? Why not lease the land from the claimant? Why not offer the claimant an opportunity to sell the land to the community? Apparently, all those ideas have not risen to the same constitutional validity as that of destroying a Jewish community.
