ISRAEL’S NEW LEGALIZATION LAW

Israel’s new Legalization Law legitimizes under Israeli law dozens of so-called settlement “outposts” that were built without official approval from Israeli authorities but were tacitly supported by successive Israeli governments as part of an effort to colonize as much Palestinian land as possible.

This new law follows Israel’s approval of 6,000 new settlement units in just the last two weeks and the announcement that Israel plans to build its first entirely new settlement on occupied Palestinian land in more than two decades.

According to Jonathan Cook writing in The National on February 8, 2017, the Legalization Law was the right’s forceful response to the eviction in early February of 40 families from a settlement “outpost” called Amona.The eviction of these families was transformed into an expensive piece of political theatre, costing an estimated $40 million. It was choreographed as a national trauma to ensure such an event is never repeated. As the evicted families clashed with police, sending several dozen to the hospital, Naftali Bennett, the Education Minister and leader of the settler party Jewish Home called Amona’s families “heroes.” Netanyahu added: “We all understand the extent of their pain,” and promised them an enlarged replacement settlement along with monetary compensation.

The real prize for Bennett and his far right party was the legalization law itself. It reverses a restriction imposed in the 1970s and designed to prevent a free-for-all by the settlers. International law is clear that an occupying force can take land only for military needs. Israel committed a war crime in transferring more than 600,000 Jewish civilians into the Occupied Territories.

Israel’s Attorney General has refused to defend the law should it be brought before Israel’s Supreme Court. Very belatedly the lower courts drew the line in land confiscation in Amona and demanded that the land be returned to its Palestinian owners. This new law overrules the judges in the lower courts, allowing private land stolen from Palestinians to be laundered as Israeli state property.

 

In practice there has never been a serious limit on theft of Palestinian land but now government support for the plunder will be explicit in law. It will be impossible to blame the outposts on “rogue” settlers or claim that Israel is trying to safeguard Palestinian property rights.

I saw this injustice for the first time in March 2002 when my Palestinian guide, Naim, on our way to Bethlehem, stopped his car and pointed off to the left.

“My family used to live here,” he said, and began to tell me his story. One of the things which upset me was the part about the ancient olive grove. No one knew how old the hundreds of trees really were. Some of the old-timers swore the olive grove was 300 years old or perhaps even older. The trees probably didn’t need irrigation because they’d been there so long. Their roots intermingled with the rich, dark dirt and delved deeply into the earth. A small village nearby had an olive press and every day during the season the villagers brought their freshly-picked crop to be pressed for oil.

Naim still remembered the exact location of his house, what time the sun shone through the kitchen window, and where each tree was planted. He remembered because he was the one who scurried up the trees and shook the branches at harvest time, carefully aiming for the sheet spread around the base of each tree to catch the olives as they fell.

Now there is no sign of a Palestinian presence. The villagers, if not already dead, have been dispersed to one of the many refugee camps. As for the ancient olive grove, it was uprooted to make way for Har Homa, a massive Israeli settlement. It sits atop Abu Ghnaim Mountain, once a forest of some 60,000 pine trees and a refuge for wild animals and plants. One the southwest edge of Bethlehem, this entire area was stripped bare to build 7,000 identical red-roofed, multi-storied square housing units, arranged in layers some two kilometers in circumference. When completed, the project looked from afar like asymmetrical Lego blocks. Gilo, another Israeli settlement, dominates the eastern perimeter of Bethlehem, sandwiching the Christian village between these two Israeli colossi. These and other stories can be found in Israeli and Palestinian Voices: A Dialogue with both Sides.

As opposition leader Isaac Herzog said: “The train departing from here has only one stop–the Hague, home of the International Criminal Court. If ICC judges take their duties seriously, we could see Prime Minister Netanyahu tried for complicity in the war crime of establishing illegal settlements on stolen Palestinian land.

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