Report: A-G Against Outpost Law Because of Fear of Hague Court (INN) ISRAEL NATIONAL NEWS) By Elad Benari 05/14/12)
Source: http://www.israelnationalnews.com/News/News.aspx/155772#.T7CL9OiO2So
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Attorney General Yehuda Weinstein has warned Prime Minister Binyamin
Netanyahu that expropriating land and homes from Palestinian
Authority Arabs in Judea and Samaria and giving them to Jews could
lead to the issue of the Jewish settlement in Judea and Samaria being
brought before the International Court in The Hague.
According to a report on Sunday by Haaretz, Weinstein´s position is
the reason that Netanyahu decided to approve a request by Defense
Minister Ehud Barak in April and evacuate the Beit Hamachpela in
Hevron.
Barak decided to evict the residents of Beit Hamachpela in Hevron on
April 4, violating an agreement made with Netanyahu and other senior
ministers to delay action on the issue until several weeks later.
The 15 families who were evicted from the home bought it from an Arab
and had moved in after the sale, fearing the building – uninhabited –
would be occupied by local Arabs before the Civil Administration
validated their purchase.
According to the Haaretz report, Weinstein reiterated his position
during Friday’s discussions on the Ulpana neighborhood in Beit El.
The report said that the concern is that Israel or Israeli officials
will be prosecuted in the criminal courts in The Hague under the
Fourth Geneva Convention, which stipulates that transferring an
occupying population into occupied territory is a war crime.
Last week, the Supreme Court unanimously rejected the State´s
petition to postpone the destruction of five buildings in the
neighborhood. The State had asked for a three-month extension in
order for the government to find a way to legalize the buildings.
The threatened homes were built on land purchased by Beit El several
years ago. However, the seller turned out not to be the real owner
and the latter filed suit to get his land back. The court ruled in
his favor and the government agreed, without argument, to destroy the
houses.
One year later, the government´s legal office came to survey the site
and realized that the buildings in question were permanent apartment
blocks, built in good faith by people who thought they had legal
ownership, and that the legal office should have asked the courts to
allow them to try and find a way to solve the ownership problem
before the court issued a ruling.
Several senior ministers in the coalition have pushed for legislation
that would mandate financial compensation or alternative land grants
in lieu of eviction and demolition in cases where a court determines
a claim to the land is valid. The bill for legalizing Jewish outposts
and disputed neighborhoods will be brought for a vote in the Knesset
on Wednesday. (IsraelNationalNews © 2012 05/14/12)
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