Weinstein reassures PM: ´Saw plan´ not a precedent (YNetNews.Com -Yedioth Internet) Moran Azulay Published: 06.05.12, 18:32)
Source: http://www.ynetnews.com/articles/0,7340,L-4238689,00.html
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Prime minister requested that attorney general provide opinion on
possible future ramifications of decision to evacuate Ulpana
neighborhood of Beit El
Attorney-General Yehuda Weinstein provided an official response
Tuesday to a question from Prime Minister Benjamin Netanyahu about
the ramifications of the High Court ruling to evacuate the Ulpana
neighborhood of Beit El, in particular the ´saw plan´ – which would
move five homes to another location in the settlement.
Weinstein explained in his opinion that the evacuation did not
represent a precedent that could lead to other, similar demands in
the West Bank, and therefore Netanyahu could calm the voices from the
Right and the settler community that have been clamoring about the
plan´s possible consequences.
The main legal problem facing the prime minister is the planned move
of homes built on privately owned Palestinian land into a military
zone. Senior legal officials said Sunday that the plan presented a
difficulty, since land in the West Bank could not be appropriated
for "security purposes" unless that were the actual reason.
One possible solution would move the residents into an abandoned
military base temporarily.
Another problem is determining whose land would be appropriated,
because it would need to be returned at some point. However, if the
land to which the houses are moved belonged to the state, this
problem would be solved.
The opinion serves as a reminder that the state itself made a
commitment to implement the demolition order for Givat Ulpana, and
that in the end it was not forced to keep that commitment. According
to the attorney general, this means that no precedent is being set by
the Ulpana eviction and the ruling will not have an effect on other
cases of homes built on private Palestinian land.
Moreover, Weinstein said, the government retained the right to
determine in what order demolition orders in the West Bank would be
implemented, according to various criteria.
Based on Weinstein´s opinion, it appears that Netanyahu will adhere
to his decision to continue the process of evacuating five homes on
Givat Ulpana on July 1 and oppose the Settlement Regulation Law,
which is due to be brought before the Knesset plenum on Wednesday.
If passed, the bill would retroactively legalize Ulpana and other
Jewish outposts built on privately owned Palestinian land in the West
Bank.
In a Likud faction meeting Tuesday, Netanyahu declared that the law
could "hurt future settlements."
"The law could achieve the opposite of its intended effect, causing
both the evacuation of the neighborhood and harm to the settlements,"
Netanyahu argued.
"We have proposed solutions that would strengthen settlements," the
prime minister added. (Copyright 2012 © Yedioth Internet 06/05/12)
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