As much as he may want to, far-Right MK Michael Ben-Ari (National Union) will not be able to emulate Peace Now and Yesh Din's method of fighting illegal settler construction in the West Bank by petitioning the High Court of Justice.
Ben-Ari said Sunday he would use the tactics of these organizations to fight against illegal Beduin construction in the Negev.
Ben-Ari's "problem," according to constitutional law experts Prof. Yaffa Zilbershatz of Bar-Ilan University and Dr. Suzy Navot of the Academic Campus of the College of Management, is that the Beduin are citizens of Israel and live on land that has the status of sovereign Israeli territory.
That means that if Ben-Ari wants to insist that the state enforce the Planning and Building Law against the Beduin, he must petition the Administrative Court of the Beersheba District Court, which is responsible for dealing with petitions involving that law.
Although Ben-Ari may not agree, the land on which the settlers build illegally is held by Israel in belligerent occupation. Furthermore, it has been customary since soon after the Six Day War that Palestinians may petition the High Court of Justice against the Israeli military authorities who control the territories and are responsible, according to international and Israeli administrative law, for their well-being.
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