Is there a law?
When post-Zionists appeal to the Supreme Court, judges base their rulings on investigations carried out by the army.
MA’ALEH ADUMIM Photo: Reuters
Those who thoroughly read through the 89 pages of the Levy Committee Report will
find it extremely difficult to comprehend that, absurdly, the only place in the
free world where racial discrimination takes place in regard to land, is
actually in Judea and Samaria.
In not one of the revised countries of the
world are there discriminatory laws and rules in practice that discriminate
against Jews who wish to acquire land or build on it. There are a multitude of
orders and directives aimed at preventing Jews from building, owning land and
cultivating and developing communities in Judea and Samaria.
Advisers of the Civil Administration are a link in the chain which begins with
the Attorney General.
When issues arise regarding land disputes there is
clear discrimination against one side of the conflict, and this is the Jewish
The Levy Committee masterfully describes how the government,
through the Civil Administration and its Legal Advisers, are depriving the
Jewish residents of their property rights. The public’s right to knowledge and
its ability to review the Civil Administration’s databases, which contain
information on rights to the land in Judea and Samaria, no longer
The Levy Committee also describes how, through criminal
negligence, the land survey of Judea and Samaria has been delayed, all the while
assisting the Arabs to claim rights over land they have no connection
In many chapters of the report the committee protests that it is
the Civil Administration – and not Judiciary – which rules in land conflicts,
without holding any form of debate, and is only based on claims and documents
with which they are presented. As in unenlightened countries, there is no way to
appeal these decisions.
WHEN POST-Zionist organizations and Arabs appeal
to the Supreme Court, the judges base their rulings on government statements –
which are themselves based on investigations carried out by the army.
greatest significance of the Levy Committee Report, filed last week, is in the
understanding that the State of Israel – on behalf of Israeli and international
law – is discriminating in an extraordinary way against Jews and Israelis. This
is in contrast to the claims made by post-Zionist organizations that there is
discrimination against Arabs.
Col. Almoz, head of the Civil
Administration, at his appearance before the committee was quoted as saying that
even when it seems to him that the disputed land belongs to Jews, legal advisers
force him to remove the Jewish residents due to claims made by Arabs.
reports conclusions have opened a small window of hope, and the biggest question
is how the government will decide to operate. Will they be able to withstand the
pressure put upon them by the post-Zionist organizations? The Levy Committee
reminded us all that these areas are not “occupied territories” but are part of
the historic land of Israel that were destined to be an integral part of the
Jewish state, in accordance with the decision made by the League of Nations
which was unanimously approved the San Remo Conference.
These areas were
occupied illegally by Jordan in the War of Independence, who was holding them as
an occupier up until the State of Israel released them in 1967.
claim that the state considers these areas as “occupied territory,” cannot
ignore the fact that the State of Israel has established cities and numerous
towns – according to state laws and with the approval of the Supreme Court and
in fact – 400,000 citizens reside there lawfully, and most Israeli law applies
In the Supreme Court appeal filed by the Legal Forum for the
Land of Israel during the disengagement it was decided, amongst other things,
that the Basic Law of Human Dignity and Liberty applies to all Israeli citizens,
residents of Judea and Samaria, as well as any other Israeli
The government needs to make the required corrections in the
law now, both in the Supreme Court and in the Knesset, to deal with the
shortcomings which have been revealed in this report. We cannot accept either
the significant infringement to human rights or discrimination against Jewish
people which now exists in the sphere of planning and building in Judea and
The writer is the director general of the Legal Forum for the
land of Israel.