{"id":4755,"date":"2018-09-06T20:48:18","date_gmt":"2018-09-06T20:48:18","guid":{"rendered":"http:\/\/www.jahalin.org\/?p=4755"},"modified":"2019-03-18T20:54:53","modified_gmt":"2019-03-18T20:54:53","slug":"analysis-bedouin-village-demolition-judicial-backing-for-israels-state-sanctioned-abuse","status":"publish","type":"post","link":"https:\/\/www.jahalin.org\/archive\/?p=4755","title":{"rendered":"Analysis \/\/ Bedouin Village Demolition: Judicial Backing for Israel&#8217;s State-sanctioned Abuse"},"content":{"rendered":"\n<p> The legal thesis that zoning laws must be respected is seemingly persuasive, however this would be true about a planning system that serves the interests of the population in a nondiscriminatory way <\/p>\n\n\n\n<p><a href=\"https:\/\/www.haaretz.com\/misc\/writers\/WRITER-1.5601695\">Mordechai Kremnitzer<\/a><\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" width=\"857\" height=\"482\" src=\"http:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1.6456037.3006821988.jpg\" alt=\"\" class=\"wp-image-4756\" srcset=\"https:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1.6456037.3006821988.jpg 857w, https:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1.6456037.3006821988-300x169.jpg 300w, https:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1.6456037.3006821988-768x432.jpg 768w\" sizes=\"(max-width: 857px) 100vw, 857px\" \/><figcaption> <br> <strong>A Palestinian man walks in the Bedouin village of Khan al-Ahmar in the occupied West Bank July 6, 2018<\/strong>Credit:\u00a0\\ MOHAMAD TOROKMAN\/ REUTERS <\/figcaption><\/figure>\n\n\n\n<ul><li><a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium-israel-s-top-court-okays-eviction-of-entire-west-bank-bedouin-village-1.6451439\">Israel&#8217;s top court okays eviction of West Bank Bedouin village of Khan al-Ahmar<\/a><\/li><li>\u25cf<a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium-what-to-know-about-west-bank-village-at-eye-of-diplomatic-storm-1.6246936\">Everything you need to know about the West Bank Bedouin village at the eye of a diplomatic storm<\/a><\/li><\/ul>\n\n\n\n<p>Wednesday\u2019s <a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium-israel-s-top-court-okays-eviction-of-entire-west-bank-bedouin-village-1.6451439\">ruling by the High Court of Justice<\/a> permitting the evacuation of Khan al-Ahmar shouldn\u2019t surprise anyone. After the previous ruling, rejecting petitions to stop demolitions in <a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium-what-to-know-about-west-bank-village-at-eye-of-diplomatic-storm-1.6246936\">the West Bank village<\/a>, the die was cast. The new petitions served as a delaying tactic, aimed, perhaps primarily, at trying to reestablish the village <a href=\"https:\/\/www.haaretz.com\/opinion\/.premium-the-eviction-of-khan-al-ahmar-stinks-up-to-high-heaven-1.6445329\">in a different location<\/a>, one that would be reasonable and in tune with the residents\u2019 way of life.Therefore, the court was on solid legal ground in rejecting the petitions. If there is something surprising about the ruling, it was actually the cautious, perhaps even suspicious attitude that the majority of the justices (Supreme Court Deputy President Hanan Melcer and Justice Anat Baron) expressed toward the state\u2019s arguments about the pretexts for the evictions: the need to build a major road and even concern for the welfare of the community\u2019s children.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" width=\"640\" height=\"413\" src=\"http:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1381549532.jpg\" alt=\"\" class=\"wp-image-4757\" srcset=\"https:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1381549532.jpg 640w, https:\/\/www.jahalin.org\/archive\/wp-content\/uploads\/2019\/03\/1381549532-300x194.jpg 300w\" sizes=\"(max-width: 640px) 100vw, 640px\" \/><figcaption> <br> <strong>Palestinian children line up at the start of the new school year, in the West Bank Bedouin community of Khan al-Ahmar, Monday, July 16, 2018<\/strong>Credit:\u00a0Nasser Nasser,AP<br> <\/figcaption><\/figure>\n\n\n\n<p>  Anyone familiar with the reality on the ground, and in the territories in general, knows that often the reason for removing Palestinian residents is the desire to replace them <a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium-israel-to-build-92-homes-in-settlement-near-condemned-bedouin-village-1.6132947\">with Jewish settlers<\/a>, whether by expanding an existing Jewish community or establishing a new one. This rumor apparently reached the justices\u2019 ears, as they wrote that if it turns out that the land is used for something other than the state\u2019s declared purpose, the petitioners could return to court. <\/p>\n\n\n\n<p> As far as the settlement enterprise is concerned, there\u2019s no great reason to celebrate here, and the joy expressed by the defense minister was premature. Nor can one ignore Melcer\u2019s criticism of the state\u2019s hasty rejection of an alternative proposal submitted by the petitioners. \u201cThe plan in question was rejected only a few hours after it was submitted by the planning bureau administrator, and apparently this was not done by the agency authorized to do so,\u201d he said. Since the campaign had already been decided in the previous ruling, it\u2019s worth reviewing its problematic nature. The legal thesis is seemingly persuasive in its simplicity \u2014 zoning laws must be respected, and anyone who violates them and builds without a permit deserves to have his home demolished. Otherwise, there would be no value or validity to planning and building laws.<\/p>\n\n\n\n<p><strong>>><\/strong><a href=\"https:\/\/www.haaretz.com\/opinion\/.premium-the-eviction-of-khan-al-ahmar-stinks-up-to-high-heaven-1.6445329\">The eviction of Khan al-Ahmar stinks up to high heaven<\/a><strong>| Opinion<\/strong><\/p>\n\n\n\n<p><strong>\u00a0<\/strong>However, this would be true about a planning and building system that serves the interests of the entire population in an egalitarian and nondiscriminatory way. Things are completely different if we are talking about a discriminatory system whose purpose is to serve Jewish settlement, one that is politically motivated by the intent to take control of Area C \u2014 areas of the West Bank under full Israeli control, according to the Oslo Accords \u2014 by expanding the settlements to facilitate the annexation of the territory to Israel.To this end, the system works to push out the Palestinians as much as possible. Instead of allowing them to plan and build, it chokes them with zoning that doesn\u2019t meet their basic needs and the denial of building permits. Its main function is to demolish homes that residents build without permits because they have no choice and to remove them from the land.If this is indeed the case, it should be fixed by doing away with the entire planning and building system and replacing it with a different system that operates under accepted legal concepts like equality and the public good. And I haven\u2019t even said anything about international law regarding Jewish settlement, due to lack of space.<\/p>\n\n\n\n<p><strong>>><\/strong><a href=\"https:\/\/www.haaretz.com\/israel-news\/.premium.MAGAZINE-how-israeli-right-wing-thinkers-envision-the-west-bank-s-annexation-1.6387108\">How Israeli right-wing thinkers envision the annexation of the West Bank<\/a><\/p>\n\n\n\n<p>Giving legal backing to the orders of an oppressive system as described above isn\u2019t justice but annexation. Such a judicial system isn\u2019t worthy of the name, and the distance between it and justice is like the distance between east and west.I cannot determine whether the above description of the planning and building system in the territories is complete and accurate. But there are disturbing signs that corroborate this description. It is clear that there is a struggle between the two peoples, the Jews and the Palestinians, over control of the land, especially in Area C, and the difference between them that the force is entirely in our hands.The political plan described above is the declared plan of Habayit Hayehudi, and, as is well known, the other coalition parties are happy to ride their coattails. There is no similarity between the extent and intensity of the planning and construction carried out by the state in the areas of Jewish settlement and what takes place in the area of Palestinian settlement. The very comparison is ridiculous.<\/p>\n\n\n\n<p>Unlike under Jordanian law, which prevailed in the territories prior to the occupation, the Palestinians have been removed from any role in planning and building decisions, a move of questionable legality and one that is tainted with discrimination, lack of good faith and extreme unreasonableness. There is a considerable gap between the planning and building policy in the 1970s \u2014 when the system really did work to benefit the Palestinians \u2014 and the policy from the \u201880s onward, in which the approach was reversed in accordance with the change in policy toward the territories.The percentage of cases in which building permits are approved for Palestinians is minuscule, which leads them to avoid applying for them because there is no point. Those familiar with these issues say the approved plans for Palestinian construction are far from filling their needs and are aimed and limiting the area at their disposal to a minimum.<strong>E<\/strong><\/p>\n\n\n\n<p>Please try again later.The court could have learned of the \u201cpurity\u201d of the planning authorities\u2019 intentions toward the Palestinians from the plan, which the authorities at first attempted to conceal, to move the Khan al-Ahmar residents to the vicinity of a large sewage treatment facility, which would never have been approved for Jewish settlement. But the court refused to be impressed by the smell.Justice cannot be done if you look at reality from the roof without examining the structure on which the roof is built. While it would have been an exceptional move, the court would have done a great service to Israel\u2019s values if it had examined the nature of the planning and construction system in whose service it has placed itself, giving it the power to destroy a person\u2019s home. The court might then have refrained from ruling that in the realm of planning and building in the territories, the same law must be applied to Jews and Arabs.It\u2019s important to be clear that the court, as the court itself clarified, did not order the demolition but merely permitted it. Responsibility for what comes next, in terms of reason, human sensitivity, public morality, Israel\u2019s image and status and its relations with the free world, lies entirely with the government.\n\n\n\n\n<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The legal thesis that zoning laws must be respected is seemingly persuasive, however this would be true about a planning system that serves the interests of the population in a nondiscriminatory way Mordechai Kremnitzer A Palestinian man walks in the Bedouin village of Khan al-Ahmar in the occupied West Bank July 6, 2018Credit:\u00a0\\ MOHAMAD TOROKMAN\/ &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[10],"tags":[],"_links":{"self":[{"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/posts\/4755"}],"collection":[{"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4755"}],"version-history":[{"count":1,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/posts\/4755\/revisions"}],"predecessor-version":[{"id":4758,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=\/wp\/v2\/posts\/4755\/revisions\/4758"}],"wp:attachment":[{"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4755"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4755"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.jahalin.org\/archive\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4755"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}