ארכיון Supreme Court - Mitvim https://mitvim.org.il/en/tag/supreme-court/ מתווים Thu, 25 Feb 2021 11:03:43 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://mitvim.org.il/wp-content/uploads/fav-300x300.png ארכיון Supreme Court - Mitvim https://mitvim.org.il/en/tag/supreme-court/ 32 32 House Demolitions in Sur Baher: Out of Jerusalem, Inside the Fence https://mitvim.org.il/en/publication/house-demolitions-in-sur-baher-out-of-jerusalem-inside-the-fence/ Thu, 25 Jul 2019 10:27:09 +0000 https://mitvim.org.il/?post_type=publication&p=2794 The route of the Separation Fence/Wall/Barrier in the area of Jerusalem generally follows the city’s municipal boundaries, separating East Jerusalem’s Palestinian neighborhoods from the West Bank. However, the fence has created two types of complex, anomalous situations. In some places, it has left certain Jerusalem neighborhoods (such as Kafr Aqab) outside the fence. In other places, the route of the fence has placed areas outside Jerusalem’s municipal boundaries “inside” it – including parts of Area A of the West Bank under direct Palestinian Authority (PA) control. One such case is in Sur Baher, a Palestinian neighborhood included within Jerusalem’s southern boundary (in the 2018 municipal elections, a neighborhood resident tried to run for the city council), whose southeastern flank known as Wadi Hummus is not included within the city boundaries and is considered under PA control. The development of the Wadi Hummus residential area stems from decades of Israeli land expropriations in Sur Baher for the construction of the adjacent Jewish neighborhoods of East Talpiot and Har Homa (as well as for the fence and the so-called “American Road”), leaving Sur Baher without land reserves for its population growth and forcing it to expand eastward toward the West Bank. The dozens of new apartments that were built there house young families from Sur Baher. During discussions in the early years of the millennium on construction of the fence (in light of the second Intifada), residents of Sur Baher asked that its route encircle the neighborhood leaving it intact, including Wadi

הפוסט House Demolitions in Sur Baher: Out of Jerusalem, Inside the Fence הופיע לראשונה ב-Mitvim.

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The route of the Separation Fence/Wall/Barrier in the area of Jerusalem generally follows the city’s municipal boundaries, separating East Jerusalem’s Palestinian neighborhoods from the West Bank. However, the fence has created two types of complex, anomalous situations. In some places, it has left certain Jerusalem neighborhoods (such as Kafr Aqab) outside the fence. In other places, the route of the fence has placed areas outside Jerusalem’s municipal boundaries “inside” it – including parts of Area A of the West Bank under direct Palestinian Authority (PA) control. One such case is in Sur Baher, a Palestinian neighborhood included within Jerusalem’s southern boundary (in the 2018 municipal elections, a neighborhood resident tried to run for the city council), whose southeastern flank known as Wadi Hummus is not included within the city boundaries and is considered under PA control.

The development of the Wadi Hummus residential area stems from decades of Israeli land expropriations in Sur Baher for the construction of the adjacent Jewish neighborhoods of East Talpiot and Har Homa (as well as for the fence and the so-called “American Road”), leaving Sur Baher without land reserves for its population growth and forcing it to expand eastward toward the West Bank. The dozens of new apartments that were built there house young families from Sur Baher. During discussions in the early years of the millennium on construction of the fence (in light of the second Intifada), residents of Sur Baher asked that its route encircle the neighborhood leaving it intact, including Wadi Hummus, rather than dividing it in two. Their request was accepted, but it generated various legal issues discussed over the years in the courts, especially with regard to the legal status of Sur Baher’s residents living in this area. Since Wadi Hummus is under official control of the PA (in areas A and B of the West Bank, according to Oslo accords), residents sought and received building permits from PA planning authorities.

This anomalous situation led to a dispute between the residents in Wadi Hummus and the Israel Defense Forces (IDF) in recent years. In 2012, the head of the IDF’s Central Command issued a ban on construction within 250 meters of the fence (on the “Israeli” side), and demolition orders were issued for 13 buildings containing some 70 housing units within that perimeter. In court petitions, the Palestinian residents argued that Israel has no authority over planning and zoning in the area, noting that the PA had approved the construction. The Supreme Court, however, accepted the army’s argument that security considerations necessitated the demolitions. The IDF also rejected various compromises, including raising the height of the fence. On the morning of July 22, bulldozers along with army and police forces arrived at the site and began razing the homes.

Urban planning and home demolitions are among the most sensitive and painful issues in East Jerusalem. These issues touch upon the unresolved legal and political status of the area, the absence of zoning plans and land registry in the Palestinian neighborhoods, and municipal policy on building permits. The circumstances in this case are somewhat different and unusual due to the location of the homes in an area under PA control, and it therefore resonates abroad more loudly than other home demolitions in East Jerusalem.

For example, in the days preceding the demolitions, a delegation of foreign diplomats, mostly European and including the French Consul in Jerusalem, paid a visit to the neighborhood. The demolitions gave rise to international protests and condemnations, among others by the Jordanian Foreign Ministry, the EU and the UN Special Coordinator for the Middle East Peace Process Nickolay Mladenov. Separately, three senior UN officials – Humanitarian Coordinator Jamie McGoldrick, Director of West Bank Operations for UNRWA Gwyn Lewis, and Head of the UN Human Rights Office in the occupied Palestinian territories James Heenan – issued a statement decrying the demolitions and condemning Israel for violating international humanitarian law. In addition to that, the EU Members of the UN Security Council (Belgium, France, Germany, Poland and the UK), together with Estonia as a forthcoming Security Council member, published a joint statement to condemn the demolition, arguing it constitutes a violation of the Oslo Accords. The PLO’s Executive Committee held an emergency session and called on the world to intervene.

The Sur Baher demolitions are severe and troubling, both in terms of civilian and municipal aspects and of international diplomatic ones. Some 70 Jerusalem families with legal status of Israeli residency, who received PA building permits, are caught in the middle of this complex diplomatic and legal situation and held hostage to fateful issues such as the future status of Jerusalem, the Oslo Accords and the Separation Barrier. This move has disastrous and painful repercussions for the delicate fabric of life in the city and casts into grave doubt the various declarations and plans made in recent years by city and national authorities regarding efforts to improve the lives of East Jerusalem’s residents

Dr. Lior Lehrs is a Policy Fellow and Director of the Israeli-Palestinian Peacemaking Program at the Mitvim Institute; he is a Postdoctoral Fellow at the Leonard Davis Institute for International Relations and the Harry S. Truman Institute at the Hebrew University of Jerusalem.

הפוסט House Demolitions in Sur Baher: Out of Jerusalem, Inside the Fence הופיע לראשונה ב-Mitvim.

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Resolving the Crisis with Diaspora Jewry https://mitvim.org.il/en/publication/resolving-the-crisis-with-diaspora-jewry/ Fri, 01 Mar 2019 07:30:48 +0000 https://mitvim.org.il/?post_type=publication&p=2770 The crisis with Diaspora Jewry is, by its very nature, both strategic and existential given the threat it poses to the essence of the State of Israel as the nation state of the Jewish people. Some elements of the crisis are deeply rooted, while others have been exacerbated significantly in recent years. The Israeli establishment has always taken an instrumental and unilateral approach toward Diaspora Jewry, expecting it to serve as a pro-Israel lobby, a cash machine for unconditional funding, and a potential immigrant pool. However, since Diaspora Jews do not have voting rights in Israel, their needs and preferences do not enjoy political advocacy or representation. Had Israel adopted a constitution, it should have stipulated that the President of the State or, alternatively, the Supreme Court, wield the authority to strike down Knesset legislation deemed as damaging to the State of Israel’s designation in the Declaration of Independence as the Jewish nation state. Absent a constitution, the commitment to Jewish “peoplehood” should have been enshrined in the 2018 Nation-State Law, along with a promise of equality for non-Jewish citizens, given that both elements constitute the pillars of the democratic Jewish nation state. The crisis also lies in the Israeli establishment’s attitude toward the non-Orthodox streams of Judaism that constitute a large majority of the Jewish people. Jewish peoplehood, which essentially means one extended family, cannot be forged when we treat members of Judaism’s liberal streams as second-class Jews. Israeli legislators have no incentive to deal with this issue, either,

הפוסט Resolving the Crisis with Diaspora Jewry הופיע לראשונה ב-Mitvim.

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The crisis with Diaspora Jewry is, by its very nature, both strategic and existential given the threat it poses to the essence of the State of Israel as the nation state of the Jewish people.

Some elements of the crisis are deeply rooted, while others have been exacerbated significantly in recent years. The Israeli establishment has always taken an instrumental and unilateral approach toward Diaspora Jewry, expecting it to serve as a pro-Israel lobby, a cash machine for unconditional funding, and a potential immigrant pool. However, since Diaspora Jews do not have voting rights in Israel, their needs and preferences do not enjoy political advocacy or representation.

Had Israel adopted a constitution, it should have stipulated that the President of the State or, alternatively, the Supreme Court, wield the authority to strike down Knesset legislation deemed as damaging to the State of Israel’s designation in the Declaration of Independence as the Jewish nation state. Absent a constitution, the commitment to Jewish “peoplehood” should have been enshrined in the 2018 Nation-State Law, along with a promise of equality for non-Jewish citizens, given that both elements constitute the pillars of the democratic Jewish nation state.

The crisis also lies in the Israeli establishment’s attitude toward the non-Orthodox streams of Judaism that constitute a large majority of the Jewish people. Jewish peoplehood, which essentially means one extended family, cannot be forged when we treat members of Judaism’s liberal streams as second-class Jews. Israeli legislators have no incentive to deal with this issue, either, since there are many more Orthodox Jews in Israel than there are Conservative or Reform. This requires an organization with a broad vision of “Jewish peoplehood” to ensure that the executive and legislative branches of government do not adopt myopic, harmful decisions (such as the ones reneging on promises of pluralistic prayer at the Western Wall and a draft law on Jewish conversions).

In the context of political instrumentality, those who regard Israel as their state cannot be expected to express only political views in tune with those of the government. The approach that views the political views of world Jewry as a litmus test of their allegiance turns Israel into a divisive element rather than a unifying force. We must be open to criticism and embrace those among the Jewish people who disagree with our government’s positions.

As for the funding issue, with Israel having one of the strongest economies in the world, Diaspora Jews can no longer be expected to finance us as they did in years past. Israel no longer needs donations, but it does desperately need a strong connection with Diaspora Jews; relationships between people and not between bank transfers. Funds from both sides of the ocean should be directed toward greatly needed youth exchange programs and joint projects with civil society organizations.

As for the expectation of Jewish Aliya – we are happy with every new immigrant to Israel, but we have to accept the legitimacy of life in the Diaspora and avoid judgment of, or arrogance toward, Jews living abroad as if there were only one way to be a Zionist.

On top of these longstanding structural flaws, successive Israeli governments have distanced themselves from the liberal values enshrined in our Declaration of Independence, shared by a large majority of American Jews, further exacerbating the crisis. The situation deteriorated further when Israeli diplomacy abandoned the guiding principle that support for Israel must be a bipartisan issue in US politics, rather than one identified mostly with the Republicans. Many Jews also perceive Israel as forging alliances with populist, racist regimes that have replaced anti-Semitism with a hatred of Muslims and have thus found Israel a like-minded state.

Resolving the crisis requires a change of all Israel-Diaspora relationship paradigms, basing them on actions that connect people, especially those on the liberal side of the spectrum, through joint work on Tikun Olam (loosely translated – building model societies) projects. This ancient Jewish ideal speaks to all Jews in their relationships with each other and with the rest of the world, and could be attractive for the younger generation. A self-confident, globally integrated Judaism, rather than an isolationist one, is far more of a draw for younger Jews. Israel’s Agency for International Development Cooperation (MASHAV) under the Foreign Ministry should be transformed into a project involving the entire Jewish people, training young Jews and sending them to confront need wherever it arises, not just, where narrow interests dictate. Obviously, we must make sure that these Tikun Olam projects reflect a desire for compassion and connection, and not arrogance toward aid recipients.

We must also create a “reverse Birthright project”, enabling every Israeli high school student to join a Jewish community abroad for a week or two to experience direct contact with its members. Despite the importance of the annual visits by Israeli high school students to concentration camps in Poland in order to understand our national trauma, meeting living Jews is no less important. For the sake of our joint future, the living are no less important than the legacy of the dead.

Restoring bipartisan support for Israel, especially in the US, is vital. It must replace the controversial issue Israel has become. Israel must realize that 79 percent of US Jews voted for Democrats in the November 2018 mid-term elections and most despise President Trump, although he enjoys great popularity in Israel. Israel must adopt a forward-looking foreign policy that does not limit Israeli interests to the current government in Israel and to a specific US administration. Rather than an isolationist, victimized narrative, Israel must conduct a constructive discourse with the US and the liberal nations of Europe, even those critical of its ongoing occupation and settlement policies.

To sum up, resolution of the crisis with world Jewry and promotion of “Jewish peoplehood” must become a central item on Israel’s public agenda if we are to be true to the definition of the State of Israel as the democratic nation state of the Jewish people. Ahead of the upcoming elections, we should all demand that candidates adopt a serious attitude toward the crisis and commit themselves to its resolution.

Nadav Tamir is a former diplomat and was a policy adviser to president Shimon Peres. He is a board member at Mitvim-The Israeli Institute for Regional Foreign Policies.

(originally published in the Jerusalem Post)

הפוסט Resolving the Crisis with Diaspora Jewry הופיע לראשונה ב-Mitvim.

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