Israel panel backs legalizing West Bank outposts (AP) Associated Press) By AMY TEIBEL JERUSALEM, ISRAEL 07/09/12 2:20 pm ET)
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JERUSALEM – A government-commissioned report released Monday has
recommended that Israel legalize dozens of unsanctioned West Bank
settlement outposts, a move that would defy international opposition
to settling land Palestinians want for a future state.
The report, written by a committee with pro-settler sympathies, also
reaffirmed Israel´s longstanding position, at odds with most of the
world, that the West Bank is not occupied territory and therefore
Israel has the legal right to settle it.
If endorsed by the government, the recommendations could give Prime
Minister Benjamin Netanyahu ammunition to support new settlement
activity and fend off pressure from a Supreme Court that has ordered
the government to take action against the existing outposts.
Netanyahu welcomed the panel´s work and said he would bring its
conclusions to a special forum that would decide whether to adopt
them. Recommendations include annulling past Supreme Court rulings
and legal orders to facilitate settlement construction.
Jewish settlements are at the heart of a three-year-old impasse in
Mideast peace efforts. The Palestinians say they will not resume
negotiations until Israel freezes settlement construction.
The outposts are unsanctioned enclaves that Jewish settlers began
erecting in the 1990s to sidestep Israel´s commitment to stop
building new settlements. There are dozens of outposts, in addition
to about 120 full-fledged settlements.
Of Israel´s population of almost 8 million, about 500,000 now live in
the West Bank and east Jerusalem, areas claimed by the Palestinians
for a future state. The Palestinians and the international community
consider the settlements illegitimate and obstacles to peace.
Palestinian spokesman Ghassan Khatib immediately denounced the
report´s conclusions.
"This is in complete contradiction with international law and with
specific resolutions of the United Nations ... and in contradiction
with the official policy of almost every single country in the
world," Khatib said. "We also think that such positions contradict
the international efforts to establish peace based on two states, one
of them in the territories occupied in 1967."
Netanyahu set up the committee in January to examine land use issues
in the West Bank after concluding that a 2005 report on unauthorized
settlement outposts was tainted by leftist bias. The author of the
report, which had been commissioned by then-Prime Minister Ariel
Sharon, a staunch settlement champion, was a former state prosecutor
who ran for parliament on the dovish Meretz Party´s ticket after
leaving the civil service.
The new committee was headed by former Supreme Court Justice Edmond
Levy, who opposed Israel´s 2005 Gaza Strip withdrawal. It was
considered sympathetic to setters and was expected to issue the
recommendation to legalize outposts.
Although they skirted official approval procedures, government
officials knew the outposts were being built and supplied them with
the infrastructure hookups and military protection given to
sanctioned settlements. About 100 outposts, home to several thousand
Israelis, dot the West Bank, in addition to more than 120 full-
fledged settlements.
The Israeli government had promised the U.S. in 2003 to tear down two
dozen outposts built a decade ago but it has never honored that
commitment.
The 2005 report on outposts by Talia Sasson was sharply critical of
government complicity in their construction and noted that dozens
were built on Palestinian-owned land, in violation of Israeli law.
Israel´s Supreme Court recently rebuffed the Netanyahu government´s
efforts to preserve one of the outposts, and it is due to be
demolished next month. A second outpost was evacuated this month in
spite of Netanyahu´s efforts to avert the settlers´ eviction.
The report made public on Monday proposed that procedures be
streamlined to legalize the outposts and allow for new settlement
construction. Committee member Alan Baker, a former legal adviser to
the Foreign Ministry who is now a fellow at a conservative think-
tank, said the outposts were not authorized because of international
pressure and urged their approval.
"Nothing here was inherently illegal," he said.
The committee has also proposed that Israelis and Palestinians be
given no more than five years to register land they say they own.
After that time, no one will be able to claim ownership, a situation
that could disadvantage Palestinians unaware of their legal rights,
especially those who live outside the West Bank.
The panel also recommends annulling a Supreme Court decision from
1979 forbidding the expropriation of land for "military needs" when
the intent is to build settlements. And it calls for the cancellation
of an order that lets the military force settlers off land that
appears to be Palestinian, even if no Palestinian has proven full
ownership.
The committee endorsed Israel´s position that the West Bank is not
occupied territory and therefore can be settled. Because the area is
not sovereign territory, "the actual act of settling the West Bank is
not illegal," Baker said.
Israel captured the West Bank, now home to some 2.5 million
Palestinians, from Jordan in the 1967 Mideast war. It argues that
there is no sovereign power there because Jordan´s 1948 annexation of
the West Bank was not internationally recognized, and the Hashemite
kingdom renounced all claims to the territory in 1988. Israel never
annexed the territory.
The Palestinians and most of the international community argue that
the West Bank was under Jordanian control at the time of its capture
and is not Israeli territory, meaning it is occupied territory.
International bodies have bolstered that view.
The World Court ruled in 2004 that all Israeli settlements are
illegal because they were built on occupied land. And U.N. Security
Council Resolution 242 of November 1967, calls for the "withdrawal of
Israeli armed forces from territories occupied in the recent
conflict." (© 2012 The Associated Press 07/09/12)
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