In
January, 2012, Israeli Prime Minister Binyamin Netanyahu appointed a committee
to examine the status of Israeli building in Judea and Samaria. Edmund Levy,
former Justice of the High Court, headed the committee; its other members were
Alan Baker, international lawyer and former adviser for the Foreign Ministry,
and Tehiya Shapira, retired Tel Aviv District Court Judge. Their Report “The
Status of Building in Judea and Samaria” – was released on July 8, 2012.
It: Provides
basic legal conclusions. Because of both historical and legal factors, the
decades-long presence of Israel in Judea and Samaria is not “belligerent
occupation.” Israel’s situation is unique (sui generis) and Israel
has the legal right to settle in Judea and Samaria. The accusations
currently being leveled by the international community against Israel as a
violator of “international law” because of plans to build in eastern Jerusalem
and Judea and Samaria are countered by the Levy Report conclusions. Offers
a number of important recommendations, consistent with the conclusions,
regarding adjustments in Israeli policies and practices in Judea and Samaria.
These
recommendations would clarify the rights of Israeli citizens living in
Judea and Samaria, who currently find themselves at a serious disadvantage when
conducting land transactions in Judea and Samaria: It cannot be
overemphasized: The Israeli legal system default in Judea and Samaria
favors Arabs claims in land transactions.[Note: in time we can add specific
examples of legal situations that the recommendations address. We don’t
have to have this the moment the website is up.] When the prime minister
was presented with the 90-page Report, which includes legal arguments, he
declared, according to one impeccable source, “This is just what we
need!” But then contents of the Report were leaked, and the prime
minister began to understand the political opposition it might face. He tabled
the Report, which has never even been brought before the Ministerial Committee
on Settlements for discussion. The full text in Hebrew was briefly on the
prime minister’s website, but was removed.
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