A statement issued by Attorney-General Yehuda Weinstein’s office on Wednesday night, confirmed that the High Court of Justice ruling on the Ulpana was based on the state's notification to the court in May 2011.
In a press release it explained Weinstein's position that he presented to Netanyahu.The state in that May notification said that it intended to execute demolition orders against the structures, Weinstein said. At the time the state said that the buildings were constructed outside the boundaries both of the Beit El settlement and of the military seizure order for the community, according to Weinstein.
The state issued its statement in response to petition to the court that it enforce the demolition order against homes that were illegally built, Weinstein said. The statement was also issued in compliance with the government policy that construction on private Palestinian property that was not seized by the state, Weinstein said.
The court, Weinstein said recorded the statement and has decided that as a result there was no reason to debate the substance of the claim. The ruling was not based on the position of the parties or the merits of the case, it said. As a result, he said, the ruling was not applicable to other cases.
Weinstein added that construction on private Palestinian property was problematic and difficult. It needed to be resolved through political leadership, Weinstein said. He advised that it was best to prevent such construction or remove it in its initial stages.
Legislation to legalize unauthorized West Bank Jewish homes was legally problematic both respect to domestic and international law, Weinstein said.
