Thursday, July 5, 2012

Migron, Who Owns It? The Test of the Court's Justice

Simple at least to my mind's logic:
Migron, Lior Mizrahi
  • The Israeli Supreme Court decided that Arabs own the land which is Migron.
  • Therefore Jews are forbidden to live on the land they call Migron.
  • Those same Arabs sold the land to some Jews who met their price.
  • Then the new Jewish owners have the right to decide who can live on that land.
OK, yes, that's how I see it.  I'm not getting into the earlier issue about whether or not that first court decision was really kosher, meaning based on Israeli or international laws.

At present, the case is going back to the court in light of the Jewish purchase of the land.  This new aspect of the case is the litmus paper test on the Israeli Supreme Court to see if their judgements are truly biased against Jewish Rights.  Unfortunately, in most cases they judge against Jewish civil rights in favor of the Arabs.  The court doesn't demand the same burden of proof of ownership that Jews must bring.

The court doesn't start with acceptance of basic Jewish or state ownership of land here in Judea/Samaria or even a minimal "blank slate."  The vast majority of Israeli Supreme Court Judges are unabashed Leftists who have their agenda and consider their jobs as judges to make decisions according to their visions of "justice" and not the Law.

Israel does not have a simple to read and study constitution.  It has a hodge-podge of Turkish, British, Jewish, international and Israeli laws and judicial precedents by which we're supposed to be governed and according to which the judges are supposed to decide.  And don't forget to add the politicians' and justices' tendency to always be looking over their shoulders wondering what international public opinion may say.  Unfortunately and sometimes tragically they're playing to the wrong audience.

It's very easy for people to say:

"Israel must have a constitution."

Composing one, editing, deleting from what has been considered "Israeli Law" for over sixty years would not be simple.  And it wouldn't just be a job for legal experts.  As all things here, it would be a political mine field. That's why it has never been done.

In the case of Migron, the government has tried to come up with a compromise, reminiscent of the settlement process of over thirty years ago, when Gush Emunim would publicly choose a spot, the government would refuse to allow it and then would recommend a different location and then the new residents ("settlers") would happily relocate and build a town.  A generation later, we don't consider ourselves foreigners to the Land.  Most of the young families in Migron grew up in other communities of YESHA.

My source in Migron said that not only don't people want to move, but they are getting lots of calls from others who want to move into the new neighborhood the government has established as Migron2.

Migron2, the replacement for Migron. 
Photo I took when approaching from the south.


Hadassa said...

The court and "Peace Now" are going to do everything they can to invalidate the sale. It'll be just like what happened with the "Peace House", which the left-wing called "The House of Strife", in Hevron.
Land laws are the absolute most convoluted set of laws out of all the secular laws in Israel.
What's happening today isn't at all like what happened 30 years ago. 30 years ago the site of a community was changed before the first ground-breaking, which wasn't good, but at least no houses were demolished or communities scattered. Now the government is destroying houses that the government itself funded and trying to scatter communities.

Batya said...

Hadassa, yes, you're right, but at some point their evil will just explose on themselves.

David Tzohar said...

I'll make the same comment that I made on todays "my Right Word'" post. The ruling of the Israeli supreme court is in the end irrelevant. The Divine imperative of Am Yisrael to settle all of Eretz Yisrael includes Migron.
By quirky coincidence,the owners of the apartment that we are renting in Jerusalem is the Gutman family whose home was destroyed in Migron not long ago. They have not given up and are hoping to return to Migron. (I don't believe in coincidences}

Batya said...

David I agreee, on both counts. And as awful as things sometimes look it sure is better than it was over forty years ago. Yishuv ha'Aretz may not be easy, but it is happening, B"H.