Following a Supreme Court Ruling Thursday ordering the evacuation and demolition of 17 structures in the Netiv Ha’Avot outpost in Gush Etzion, rightwing politicians called for a Regulation Act that would set out to legalize thousands of Judea and Samaria properties about which there are now or may be future claims. The general outline of the proposed regulatory legislation will authorize the Israeli government to compel proven claimants to receive market-value compensations, in comparable land or in money. A coalition move back in July to start work on the Regulation Act was thwarted by the AG Avihay Mandelblitt, who said the law is not constitutional and would be knocked down by the high court on appeal.
Thursday’s ruling, by a three-judge panel, evoked sharp criticism on the right, with Habayit Hayehudi Chairman Naftali Bennett condemning the ruling, saying extreme leftwing elements who have given up on their ability to ever persuade the people to accept a Palestinian State in Judea and Samaria are bypassing the public and usurping the legal system to force their policies on the majority. “When the Supreme Court collaborates with them this erodes the public trust in the court,” Bennett warned.
Minister Zeev Elkin (Likud), who is a resident of Gush Etzion, said the high court’s “scandalous decision” constitutes the crossing of red lines, revealing the court’s utter disconnection from common sense and from the historic values and the legacy of the nation of Israel. Elkin called on Justice Minister Ayelet Shaked (Habayit Hayehudi) to lead a far-reaching reform to regain the public’s trust in the Supreme Court.
Thursday’s ruling was an uncompromising order to destroy homes that “were built illegally on private lands.” Considering the fact that the ruling required forcing residents out of their homes, and the large number of homes in question, Court President Justice Miriam Naor gave government and the residents 18 months to prepare for the evacuation/demolition.
Naor wrote that the court ignored on principle the fact that the outpost had been established with government endorsement and support, saying government does not enjoy a special status when it comes to standing before the high court. “In the judicial process government is equal to other litigants,” Naor emphasized, adding that the fact that government had been aiding in a long-term illegal enterprise does not make it kosher.
According to the petition by Peace Now, which dug up the Arabs who are now claiming to be the original owners of Netiv Ha’Avot, the lands of the Al-Khader village near Bethlehem and Gush Etzion, in Judea, had been undergoing regulation by the Jordanian government at the time the IDF conquered the land in June 1967. The Israeli court opted not to rule whether or not the Jordanian government had the legal authority to carve up and hand out the land to local Arabs, land it had acquired through an act of war, invading the “West Bank,” including Jewish Gush Etzion, in 1948.
Davidi Pearl, who heads the Gush Etzion Regional Council, responded to the High Court’s decision saying the court had opted to belittle the government which had presented a vast array of legal alternatives that had been confirmed by the AG. Pearl called on the government to act immediately to enact a law to protect the honor of the Israeli government and the Judea and Samaria residents who had acted in good faith with the government’s encouragement.