Court says Migron must be evacuated by August 1 (JERUSALEM POST) By TOVAH LAZAROFF, JOANNA PARASZCZUK 03/25/12)
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High Court rejects state´s request to delay evacuation of West Bank
outpost until 2015; Peace Now hails decision as victory, right-wing
parliamentarians plan to push legislation that would nullify ruling.
The High Court of Justice on Sunday ordered the IDF to evacuate the
West Bank Migron outpost by August 1, rejecting a bid by the state to
delay such a move until November 30, 2015.
The court ruling is an obligation, not a choice, Supreme Court
President Asher Dan Grunis said.
"This is a necessary component of the rule of law to which all are
subject, as part of Israel´s values as a Jewish and democratic
state," Grunis added.
Migron residents may harbor justified resentment against the state
and its authorities, Grunis said.
However, the Supreme Court President said that the state had made it
clear all along that settlements cannot be built on private
Palestinian land - something that Begin himself had clarified in
Thursday´s hearing, the justices added.
"As the state has made clear, no body is authorized to permit the
establishment of a settlement on private land," they said.
In Sunday´s court ruling, the justices cited former Supreme Court
President Dorit Beinisch´s words at the end of the court´s August
“We can only wish that the residents of the outpost will come to
their senses and agree to accept their duty not to appear as
lawbreakers, and that they will settle any other site that the state
deems fit to allow them,” Beinisch had written.
Migron spokesman Itai Chemo said the ruling begins with the false
claim that the land on which their homes sit is privately owned by
Palestinians and ends with the demand that those who seek peace must
"We are confident that the government´s representative Minister
[without Portfolio Benny] Begin [Likud] will find a suitable solution
to the situation in which the state sends its loyal citizens to
settle [the land] and the court forces their eviction," he said.
Right-wing parliamentarians immediately attacked the decision, while
Peace Now, which had originally petitioned the court against the
outpost in 2006, hailed it as a victory.
“The Supreme Court has proved that everyone is equal in front of the
law and everyone should obey the court,” said Peace Now Executive
Director Yariv Oppenheimer.
“We expect the people of Migron to respect the decision and to
evacuate the outpost in a peaceful manner,” said Oppenheimer.
Civil rights group Yesh also welcomed the court´s decision. "We hope
the government will learn its lesson and not evade its duty to
protect the rights of Palestinian landowners, who have not been able
to access their land for over a decade," said Yesh Din director Haim
However, civil rights group the Legal Forum for the Land of Israel
slammed the court.
"The High Court justices could have made a decision to avoid conflict
in Israeli society," said Forum director attorney Nachi
Eyal. "Clearly the court thinks human rights are only for
Palestinians, not for Jews."
"What do you expect from a panel containing a justice who won´t sing
Hatikva?" Eyal added, in a dig at Supreme Court Justice Salim
Joubran, who declined to sing the national anthem at Supreme Court
President (emeritus) Dorit Beinisch´s retirement ceremony.
Eyal called on the Knesset to strengthen legislation to resolve land
disputes in the West Bank in different ways.
Right-wing parliamentarians said they planned to turn to the Knesset
and urge it to legislate a solution that would nullify the court
Both MK Danny Danon (Likud) and MK Uri Ariel (National Union) called
on lawmakers to approve legislation which would legalize all the
outposts, including Migron.
Danon said he planned to ask the Knesset to hold a special session on
the matter during the Pesach break. (© 1995-2011, The Jerusalem Post
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