Settle the land, legally (ISRAEL HAYOM OP-ED) Minister Michael Eitan 06/03/12)
Source: http://www.israelhayom.com/site/newsletter_opinion.php?id=1993
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In 1979, an Israeli settlement was established on land in Rujeb,
southeast of Nablus in Judea and Samaria. When the High Court of
Justice ruled that the settlement had been built illegally (as it was
constructed on privately owned Palestinian land that was
requisitioned for a civilian settlement and not for military
purposes), then Prime Minister Menachem Begin did not hesitate to
order that it be relocated. His actions upheld the rule of law and
strengthened the settlement enterprise. They paved the way for the
establishment of the Elon Moreh settlement and, as Begin had
promised, led to the creation of "many more Elon Morehs."
In his decision on Saturday to relocate disputed homes in the Ulpana
neighborhood of Beit El while vowing to build 10 new homes for each
one that is removed, Prime Minister Benjamin Netanyahu followed in
Beginīs footsteps. He followed the path that maintains that it is
possible to pursue a settlement enterprise that is subject to the
rule of law and to High Court rulings. His decision sanctifies the
approach of the Likud as a national liberal party that attracts wide
swaths of the centrist and right-wing public in Israel and
legitimizes the settlement enterprise.
The prime minister did not succumb to the temptation of magic legal
solutions, such as the "outpost arrangement bill," whose damage would
far outweigh the benefit its authors had hoped to gain. Promoting
such an initiative would have created a situation in which the
Knesset legislates laws over land whose residents donīt have the
right to vote. This, in turn, would have sparked a wave of
international criticism. Even Israelīs closest allies would not have
been able to defend such legislation, which would tarnish the
countryīs reputation with accusations of apartheid and threaten it
with international sanctions. In the end, the High Court would have
ruled that this law does not apply in Judea and Samaria, and the
government would have had to implement the court order.
Netanyahu is offering settlers the best proposal possible under the
circumstances: The five structures built illegally will be removed,
but dozens of legally constructed buildings will rise instead. That
way, the settlement enterprise will continue to grow while the
supremacy of the law is maintained. I hope that the settlers accept
the prime ministerīs decision and cooperate with the government,
which has no peer and never will when it comes to protecting their
interests.
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