RighT-wing groups slam the court’s ruling as a failure to combat the Palestinian Authority’s “creeping annexation” areas in Judea and Samaria. “Khan al-Ahmar has been, and continues to be, the test case for the larger strategic challenge,” says Regavim NGO.
By Yair Altman, ISRAEL HAYOM
The case has seen the small village emerge as the Palestinian Authority’s “flagship outpost in the systematic takeover of Area C,” which under the 1993 Oslo Accords is under full Israeli control.
Israel been trying to evict the area for years and has come under heavy criticism, with major European governments urging it to avoid the demolition of Khan al-Ahmar. The International Criminal Court’s chief prosecutor has even warned the move could constitute a war crime.
Wednesday’s ruling was the most recent stage a legal battle led by Regavim, an NGO “dedicated to the protection of Israel’s national lands and resources throughout the country,” as its mission statement says.
Regavim contends that the PA is engaged in a campaign to take over Area C by employing tactics such as “mass-scale construction on vast swaths of land; incentivized relocation of Arab residents of Area A and B into Area C; creation of physical infrastructures to support a network of illegal outposts (roads, water systems and electricity networks); widespread agricultural work on Israeli land and destruction archeological sites that confirm Jewish ties to the territory” – all supported and funded by European donors.
In 2009, Regavim filed the first petition against Khan al-Ahmar in an attempt to compel the government fight against what it calls the PA’s “creeping annexation” of state land throughout Judea and Samaria.
Presiding Justice Solberg’s decision leveled harsh criticism at the government, saying, “There is no doubt that the day is fast approaching when it will no longer be possible to accept the lack of clarity in this case, which requires a clear and decisive resolution – one way or the other.
“Even if the various proposed solutions were sufficient cause to postpone the inevitable, it is not possible to stall it indefinitely. At a certain point, these attempts become a source of contempt, and this we must not accept. Our job as judges is to bring clarity to the petitions that are brought before us; this is our task, and this is our duty.
“We cannot sit idly by and do nothing in the face of this continued procrastination. We intend to complete the hearing process in this case soon after the government files its reply and after we consider any further responses to that reply; either way, this case must be resolved.”
Justice Stein noted that “the principle of legality, which we have been entrusted to carry out and to encourage, does not allow the state to ‘sit on the fence’ for years at a time and gaze at illegal structures without taking a definitive decision to either regulate or demolish them.”
Justice George Kra expressed reservations regarding the criticism voiced by his fellow justices, noting that he “at this time I see no reason to tie the court’s hands and limit our options regarding the continued adjudication of this petition.”
Regavim head Meir Deutsch said in a statement, “The chronic ‘after-the-holidays’ excuse isn’t a solution – it’s part of the problem. In the case of Khan al-Ahmar, procrastination is an attempt to ignore reality and erase hard facts.
“The state is attempting, for the umpteenth time, to push off its commitment to evacuate Khan al-Ahmar – until after the next holiday, Passover. Procrastination won’t change the bottom line: The State of Israel must take action against the ongoing Palestinian takeover of Judea and Samaria. Khan al-Ahmar has been, and continues to be, the test case for the larger strategic challenge.”‘
The right-wing Ad Kan (“enough”) advocacy group, which seeks to “expose the seditious nature of the anti-Israel NGO’s operating from within Israel,” blasted the ruling, accusing the High Court of Justice of “again rewarding those who break the law and the Palestinian Authority.
“Not evicting this outpost signals to the Palestinian Authority on the part of the Israeli government and the High Court that it can continue to take over Area C unhindered. Kahn al-Ahmar is a sad reflection of Israeli society’s failure to deal with the PA’s unilateral takeover of Judea and Samaria. It is time for the Israeli government to stop this farce.”
Matan Peleg, CEO of right-wing watchdog group Im Tirtzu, said, ”Those who called for years to evict Khan al-Ahmar were expected to do so immediately and not hang on to the mistakes of their predecessors.
“The High Court of Justice has again proved that in its eyes, the homes of Jews are less important than the homes of Palestinians. Unfortunately, the current leadership also continues demonstrating weakness versus the PA’s takeover of Area C.”
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