‘Death Sentence’ Reversed on Israeli Village

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On August 2, 2011, the Israeli Supreme Court issued a “death sentence” for the Israeli village of Migron.  It must be dismantled, its houses demolished, and its families evicted.  On Monday, September 5, demolition began and three houses were destroyed.  Due to legal petitions, the demolition was postponed pending review of the Court’s procedures.  On November 7 the Court reversed its decision and withdrew its “death sentence.”

What happened?

Migron is a small Israeli community situated in the hill country about five miles north-east of Jerusalem.  It was established in 2002 as a bedroom community within easy commuting distance from Jerusalem.  Today it is home to about 500 people.

Shortly after Migron’s construction, the Israeli self-styled human rights group, Peace Now, began working with several West Bank Arabs who claimed that their families had for generations owned the land upon which Migron sits.  They claimed that this land had been given to them by King Hussein of Jordan. Under King Hussein and his father, King Abdullah, Jordan illegally occupied the West Bank from 1948 to 1967, but had no legal basis for Jordanian sovereignty.  Therefore Hussein had no legal right to gift West Bank land to anyone since neither he nor the State of Jordan held legal ownership.  The Supreme Court chose to ignore this inconvenient bit of legal reality and political history.

Peace Now submitted a petition on behalf of the Arab claimants in October, 2006.  Court deliberations and interaction with the State went on for several years.  The Migron residents claimed that they purchased the land legally and had bona fide proof of ownership.  The Court chose to disregard the whole issue of proof of ownership and handed down a decided in favor of the Arab claimants.  The Court ordered the army to remove the Israeli inhabitants and destroy all structures.

In early 2008 Prime Minister Olmert and Defense Minister Baraq accepted the Court’s judgment, but demanded more time so that housing for the inhabitants of Migron could be built elsewhere. Finally, on August 2, 2011, the Court ruled that the State must evacuate Migron by March 31, 2012.

Within a few weeks of that order, the Arab claimants, under the advice of Peace Now, filed a new civil lawsuit in the Jerusalem Magistrate’s Court, demanding that the State compensate them for the years during which Migron existed on what they insisted was their land.  The Magistrate’s Court then bethought itself to demand of the Arab claimants their proof of ownership, a simple legal evidentiary procedure.   At once the Arabs, who had just successfully claimed in the Supreme Court that the land was theirs, suddenly and without explanation, withdrew their lawsuit from the Magistrate’s court.

In light of the Arab claimants’ refusal to prove ownership, and their sudden and unexplained withdrawal of their claim, the Magistrate’s Court has stopped the demolition of Migron houses, their consensus being that the Arab plaintiffs have no proof of ownership.  Needless to say, this is a source of considerable embarrassment for the Supreme Court.   The only explanation given is that “The High Court does not debate evidence.” Apparently neither does Peace Now.

This is not the first of such embarrassments for Peace Now.  In 2010 Peace Now alleged that the Israeli village of Kiryat Netafim, in the northern West Bank, was built on land privately owned by Arabs, was therefore an illegal settlement, and should be demolished.  After examining building plans and ownership documents, the court ruled that Peace Now’s allegations were baseless and the village was legally built on land that the villagers legally owned.

In November, 2006, Peace Now claimed that 86% of the Jerusalem suburb of Ma’aleh Adumim, home to 30,000 Israelis, was built on land seized illegally from local Arabs. Maps and land-use data from the Israeli military, released to the Israeli court in mid-March, 2007, demonstrated to the satisfaction of the court that only 0.5% (one half of one percent) of Ma’aleh Adumim’s land was privately owned by Arabs.

When faced with this rather galactic anomaly, Peace Now refigured its numbers and reduced its estimate to 32.4%, and blamed the army for the error.

So Peace Now erred by a factor of 173 (O.5% vs. 86.4%)!

Peace Now’s willingness to accept Arab complaints at face value even as, time after time, those complaints are proven false, makes Peace Now look inept and unreliable; but it also raises the suspicion that Peace Now is intentionally misrepresenting reality in order to support specious Arab claims, harass Israelis living in communities in the West Bank, and flood Israeli courts with meritless law suits.  Such behavior looks very much like lawfare conducted against Israel by an Israeli not-for-profit putative civil rights organization.  Such behavior suggests that Peace Now is driven by a powerful and uncompromising anti-Israel ideology, an ideology which trumps fact and logic.

The latter suspicion is supported by the egregious and numerous errors and outright lies of some of its spokespersons.

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  • Fred Dawes

    The Israeli supreme court is like our supreme court totally insane, end of story and maybe the end of both countries.
    Just look at the obama care BS, And like isreal and its nut's, we must stand up and say no or see a new one world slaughter.

    TO THE JEWS STAND UP SAY NO AND FIGHT BACK OR BECOME The Next people in the camp system of the muslims.

    • ziontruth

      "The Israeli supreme court is like our supreme court totally insane, end of story and maybe the end of both countries."

      Quoted for truth.

  • FriendofGaryCooper

    Send this story to Tom Cruise; that arrogant airhead we call 'move star." He's good at
    screaming obscenities at those who support Israel, and telling us we deserve to be
    "pushed into the sea."

  • aspacia

    Why of why are we stuck with loons in the West? They are clueless regarding what totalitarian governments will do to them.

  • http://www.contextflexed.com Flipside

    At this point, how many oil paintings have been repossessed from museums on the basis that they were stolen from Jews in WWII?

    • stern

      As usual, a completely trivial response from Flopside. The Palestinians cannot prove ownership of this land, because, quite simply, they never did own it, as clearly pointed out in the article! In contrast, the Jews can easily prove ownership of their artworks. A small and subtle point, perhaps too subtle for your small mind.

      • http://www.contextflexed.com Flipside

        So what? The Jews cannot prove that they are not white Europeans colonizing the Middle East in behalf of a global stealth nation. Proof is a parlor game.

        • ziontruth

          "The Jews cannot prove that they are not white Europeans colonizing the Middle East…"

          What with this, plus his constant equation of Islamophobia with racism, Flipscum here shows that he views the world through the prism of race just as surely as any Stormfront regular. The irony of the "anti-racist" Marxist Left!

          • http://www.contextflexed.com Flipside

            You’ll never beat me if you pretend I am a Nazi, a socialist, a leftist or an antisemite. I am none of those.

    • zionista

      Israel has always been and will forever be a thorn in the side of Jew haters such as fliptroll.

  • Marty

    Is Peace Now going to appeal to the arab governments that expelled 850,000 Jews during 1948-1951 without compensation for their property which was promptly seized by the government? And they were the fortuante ones; hundreds of Jews in iraq and elsewhere were murdered. We can certainly be confident that doing so will certainly receive a fair hearing from the progressive and humane regimes in yemen and syria.

  • jaythehistorian

    Here is more proof Israel must neutralize the Israeli Jewish left who are in every sense of the word traitors. The lost 630,000 men fighting the American Civil War to achieve true unity in this country. Israel need not go to such extremes. But the leading traitors such as Livni and the poison dwarf Barak as well as Peres should either have "accidental" deaths or imprisoned for at least 20 years to keep them from aiding the international Nazism and the Sand Nazis in their quest to eradicate all Jewish presence in the national Jewish homeland. The Israeli supreme court should also be included . The person who should be "terminated with extreme prejudice " is Livni , who is nothing more than the whore for international Nazism, and Muslim supremacy.

  • waterwillows

    Well, well, well……..

    It think the Supreme Court forgot all about the Highest Court. Whenever that happens, the Supreme is no longer looking so supreme. The Lord keeps careful watch over His word.

  • jaythehistorian

    The Fakestinians are trespassers on land which is part of the Jewish national homeland and are not entitled to any rights . The fact the Israeli Supreme Court is so incompetent they would take the side of invaders of the Jewish national homeland , shows what traitors they truly are.

    • ziontruth

      Well said, all of it.

  • xlent

    "Peace now" and ALL their ilk are like maggots feeding of the dead parts of a nation. Thank God only parts of Israel is dead and decaying. But new life can and will come and all the maggots will will just have to go back to being pupation.

  • BIg Irish

    obviously Peace Now are lyers and as such cannot be believed – just as Arabs who have never been trusted to tell the truth, will not now or ever be believed – just look at the filthy, lying "holy" man they worship….heres a thought…lets just ignore Peace Now.

  • Bert

    We keep decrying the duplicity of the Arabs and of Peace Now. The real problem is the cowardly government of Israel that is never sure that it really wants to survive. The Arabs have too much anger and aggression – actually a surplus. Some of this surplus could be transferred to Israel and make things a bit more equal.

  • http://www.themadjewess.wordpress.com MAD JEWESS

    Erav Rav.

  • johnnywoods

    So it seems that Muslim Arabs believe that because one or more of their ancestors once walked through the land that is Israel and maybe spent the night there that they now have a claim to it as their own. WOW!