Retired Supreme Court Justice Edmond Levy, who heads a committee tasked with examining the legality of Jewish construction in Judea and Samaria, declared on Tuesday that Israelis have a legal right to settle the region.
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“According to international law, Israelis have a legal right to settle all of Judea and Samaria, at the very least the lands that Israel controls under agreements with the Palestinian Authority. Therefore, the establishment of Jewish settlements [in Judea and Samaria] is, in itself, not illegal.”
The committee was established by Prime Minister Benjamin Netanyahu in efforts to determine and cement the legal status of the outposts in Judea and Samaria, with an emphasis on communities that were not built on privately owned Palestinian land but their status was still in doubt due to legal bureaucracy.
The committee issued its report on Tuesday, which was subsequently handed over to Attorney-General Yehuda Weinstein. In the report, Levy wrote that
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“upon completing the committee’s tasks, and considering the testimonies heard, the basic conclusion is that from an international law perspective, the laws of ‘occupation’ do not apply to the unique historic and legal circumstances surrounding Israel’s decades-long presence in Judea and Samaria.”
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“Likewise,” the report said, “the Fourth Geneva Convention [relative to the Protection of Civilian Persons in Time of War] on the transfer of populations does not apply, and wasn’t intended to apply to communities such as those established by Israel in Judea and Samaria.”
In the part of the report that criticizes Israel’s actions, the retired justice wrote that
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“dozens of new neighborhoods have been erected, without government authorization and at times without a contiguous link to the mother community. Several were built outside the legal jurisdiction allotted to the community. This prevalent phenomenon has required large amounts of funding therefore the committee finds it hard to believe that it was done without the government’s knowledge.”
In conclusion, the report stated that
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“we have discovered a phenomenon within the Israeli settlement enterprise in Judea and Samaria that does not befit a country that upholds the rule of law. From now on, it must be made very clear to the proponents of the settlement enterprise and to the political echelon that they are to operate only within the confines of the law, and the various law enforcement institutions must decisively enforce the law in the future.”
The committee’s recommendations include the following: The government must clarify its position on the issue of Israeli settlement in Judea and Samaria to prevent varying interpretations of its policy; a new community will only be built after the government or an authorized ministerial committee has approved it; the expansion of a community outside the bounds of its authorized jurisdiction must first be approved by the defense minister or a ministerial committee on settlements, in coordination with the prime minister.
On the other hand, the committee declared that the encouragement provided by the government to the settlement enterprise constituted authorization. According to the committee, communities that were built on land owned by the state, or privately owned Israeli land, with the help of government bodies could not be classified as “unauthorized” due to the absence of an official government decision to authorize them. The very assistance provided by the government in their establishment constitutes implicit authorization.
Under these circumstances, the report concluded, the evacuation of such communities would be impractical and another solution, such as compensation or land swap, should be implemented. Therefore, the committee recommends in its report, the government should avoid issuing demolition orders for these communities because it is the government itself that created this situation in the first place.
Another recommendation was that the government should speed up the examination of the communities whose status isn’t defined. The committee suggested that the government define these disputed communities’ status in terms of evacuations or demolitions only after a thorough investigation and a full legal proceeding. In order to ease the lives of the residents, the committee suggested the establishment of special courts in Judea and Samaria specifically to settle land disputes.
To prevent uncertainty and to promote stability, the committee encouraged Israelis and Palestinians to record their land purchases within an agreed upon time frame of between four and five years, after which anyone who did not complete the process would lose rights to property. The committee further proposed that Israelis would only be allowed to purchase land in Judea and Samaria under the auspices of an authorized body.
@ yamit82:
Please stop talking scriptures with TTW.
TTW Said:
How many times do I have to tell you to shut up before you stop talking about Jeshua, jesus, the messiah and messianic Jews. Last warning. If you do it again I will ban you permanently.
yamit82 Said:
Pinchas Said:
Many thanks for your comment and understanding. My heart felt apology to you and others who might have been offended by the phrase “non-messianic Jews”. Since there are Jews in Israel and around the world who believe in Yeshua as their Messiah and also call themselves Messianic Jews and Jews for Yeshua, I thought calling other Jews as “non-Messianic” won’t be offensive. Thanks for your advice.
@ Pinchas:
None of the prophets in the Scriptures ever foretold the coming of a “messiah”. But they did prophesy that one day G-d will give back to Israel what He took away from us in the year 586BCE: our Temple, our sovereignty and independence, and our Monarchy.
The Jewish concept of the Messianic age is a Utopian ideal but..? According to R. Yosef Albo [Sefer HaIkkarim), If Judaism is likened to a tree, the messiah is not even a twig in relative importance.
@ TTW: While I appreciate your good feelings and intentions towards the Jewish people please refrain from calling us “non-Messianic Jews”. The term Messianic Jew was created during the 1970’s to disguise the fact that this is a Christian group of Jews who converted to Christianity. Belief in the Messiah is a central tenant of Judaism so we Jews have always been and continue to be ‘messianic’. To refer to me as a “non-messianic Jew” is insulting and disrespectful. We Jews accept you as a Christian and even though we don’t agree with your theology we don’t try to come up with other names to call you.
Ted Belman Said:
That has never been my intention and it won’t be.
@ TTW:
The fact that organizations like CUFI and many Christians support Israel is no reason to allow Christians to missionize on Israpundit or in Israel. We appreciate your support but don’t like you talking about Jesus or Christianity as though we respect its tenets. As you have seen, many Jews have an entirely different view of the Gospels. By asking you not to comment on such things I am protecting you from their views and them from your views. It serves no purpose but to antagonize them and as a result you. An acrimonious exchange is a distraction that only serves to divide. I prefer that we emphasize what unites us.
The mere assumption by you that we respect your theology or sources, is itself upsetting.
Ted Belman Said:
One commentator by the name viiite (may not be exact) raised a question about a role of religion. I was responding to the questions raised. I strongly want to encourage those who believe in Biblical Christianity to stand with the Jews and the state of Israel. In about a week time CUI (Christian United for Israel) will meet in Washington D.C. to discuss about the current situation in the Middle East and then go out and talk to their representatives in order to encourage them to stand with Israel. We have to stand together in order to defeat our common enemies. Something that you should know is Christianity started as a sect of Judaism by the Jews. As the number of non-jews believers incraesed, a division which later gave a chance for those who were Christians in name only to carry out a despicable acts against the Jews. Something anyone should remmebr is the fact that there were/are a lot of Christians who stood/stand with the Jews no matter the cost.
TTW Said:
Stop talking about Christian theology.
Andrew Said:
It is not my intention to offend you or anyone who has a real concern for the only one Jewish state in the world and its people. If there is something that needs correction, please let me know. Thanks!
TTW – please don’t. What you posted would be considered offensive here to many people.
@ Eleanor Doctor LL.B.:
Eleanor there is a progressive secular movement in both the US and Israel.
Christian and Jews alike need to stop it in its tracks.
I believe my friend Yamit (Uncle Nahum) would agree with that.
@ Steven
Steven. If your community is anything like my smaller community, practically all the Children learn in Hebrew school is Hebrew Language and the Holocaust and they are taught by teachers, most of whom are non-observant “yordim” thereby setting a counterproductive message to our children. The increasingly large and influential Reform Movement teaches that a Jew is defined, not by the Torah, but by doing what they define as Tikum Olam, as if Jews have a monopoly on doing good unto others. When our secular young people seek spirituality, they certainly don’t find it in their homes or in their schools.
Perhaps we can take some comfort from statistics indicting that the preponderance of Jews who joined the cults during the Age of Aquarius, eventually returned to their roots. Let’s hope that these Jewish converts return to their roots while they are still in their dating and mating stages.
steven l Said:
There are many evangelical Christians who love the Jews (non messianic and messianic-Jews)and the state of Israel. The Messianic Jews, in order to maintain their Jewish identity, do not want to be called simply a Christian. Although they believe in Yeshua as the Jewish Messiah, they celebrate all Jewish holidays recorded in the Torah and teach their children about their Jewishness. The real problem is from those Jews who continue to vote for democrats in the face of hatred that comes from some of the democratic party members, the current US Administration – which includes the State Department and some of the self hating secular Jews, who prefer assimilation instead of proudly teaching their children about their Jewishness.
If E Levy is correct, why has Israeli gvts backpedaled for 64 years? and even NOW!
Obama is a symptom. The democrat Jews and the far left are the real problem.
@ Eleanor Doctor LL.B.:
Most American Jews who have joined another religion know nothing about what has been done to the Jews over the past 2,000 years.
People do not know history and history does not repeat itself. It is never the same people who are victims but later generations. Past generations set-up future generations for catastrophes. Just like the $16 trillion now and 22$ trillions in a few more years.
@ rongrand:
JUST GET RID OF OBAMA NOT YOURE GRANDMOTHERS DEM NOT A KENEDY BUT A THUG REMEMBER NEVER AGAIN
@ rongrand:
I prefer Yamit’s opinion over Laura’s any day in the week.
@ Lee:
Again I call on Laura who I believe has a pulse on this.
As far as I am concerned many of my friends support Israel.
Please give me a reason why Americans would not support Israel.
I hate to repeat myself but I must.
Israel is our only true friend and trusted ally in the ME.
There are many out there who want everyone to believe Americans don’t support Israel.
Don’t buy into it.
James B – Canada Said:
I have been fighting with anarchists and leftists online who simply hate the Jews and Israel. When challenged, they do not have facts to prove their assertions. I do not see many individuals who defend Israel and the Jews on different web sites. It is advisable if Israel will assign and encourage its supporters to fight on different websites before her enemies wrongly define her thereby mobilizing others to hate her without cause.
@ rongrand:Although I would agree that many people in the US (although I don’t believe it’s a majority) support Israel, I don’t believe that the US government has supported Israel for some time now. People misunderstand the difference between friendship between individuals and friendship between nations — it’s actually entirely different. While individuals relate to Israel in how they like (or dislike) what is does, and, among other things, their shared beliefs, likes and dislikes — nations relate on a totally different, superficial basis. They are only concerned about how the relationship will benefit them, how they can use it to advance their position in the world. It’s not a personal thing; it’s strictly political and business. And in the case of Israel and the US, Israel was very beneficial to the US after WW II when the US was not able to obtain intelligence info on the USSR; it was Israel who supplied the majority of intelligence for the US in that area. Since then, its “friendship” with Israel has allowed the US to establish a military presence in the Middle east (prior to the invasion of Iraq), as well as the ability to gather intelligence using equipment on those military establishments. However, over time, the US has “made friends” with other nations (both allies and enemies) in order to broaden their scope and lessen its reliance on Israel (which, in turn, the US hopes will make it more popular with the Muslim nations). But now, especially since establishing a presence in Iraq and Afghanistan, the US government seems to feel (and hence the way it acts) that it no longer needs Israel. (This by the way is more of a decision by the State Department and US intelligence agencies rather than the current and future administrations.) The US is under the mistaken belief that it understands the Muslim world and will be able to deal with it (although lesson learned by Britain and France should teach them otherwise).
dennis moel Said:
Actually he employed the Torah, not your christian “logos”.
@ Eleanor Doctor LL.B.:
The Dead End of Jewish Culture
One-quarter of American Jews have rejected watered-down Judaism in favor of full-strength Christianity. Why?
What Makes Bernie Run?
Thanks to C.R. for employing the Word. The Almighty
(who happens to be bigger than Obama) has already spoken
and given the Land to Israel. Ezekiel 48:29-35 indicates
that even more will be Israel’s final inheritance.
Dennis Moel, Louisville, KY
Israel can no longer rely on the USA and its leadership knows it (Witness recent overtures to Russia and China.). However, the reason has more to do with assimilation that with Western anti-semitism, though both are operative.
Since the 1960s the number of Jews in the USA dropped from approximately 8 million to approximately 5.5 million, not withstanding the influx of huge numbers of Russian and Israeli Jews. The 5.5 million are based on the widest definition of who is a Jew, “anyone who says they are a Jew”. Approximately 1/3 are intermarried and the demographic studies indicate that the vast majority of children of intermarried couples do not call themselves Jews when they are adult. Another third are couples where one has converted, in most cases, non-halachically. The vast majority of GRANDchildren of these marriages do not call themselves Jews when they are adult.
As Alan Dershowitz, the famed civil rights lawyer, predicted, the Jews of America will, in a few generations, consist of small orthodox communities living closely to their religious and educational institutions. Most, if not all of us, who are non-observant Jews with non-observant families will be gone.
Muslim populations, meanwhile, are burgeoning. They live in tight enclaves and they vote in unison. So much for the clout of the American Jewish Community in the future.
I am concerned by the Levy report recommendations regarding Govt. It seems to infer that the right of jews to settle will be subject to govt clarifying its positions. This may serve to deprive Jews once and for all of the stronger international basis for legal settlement: san remo, LON & UN Charter. It will make the rights of Jews subservient to the political positions of the GOI. It will remove jewish rights and set that removal in stone. It is the GOI which is the main problem in the first place that has been ignoring jewish rights of settlement and rather than encouraging those rights, as mandated by international law, has been obstructing those rights. I maintain that the rights of jews to settle west of the jordan river is separate and apart from any GOI and in fact remains an international right even in the absence of Israeli sovereignty over the west bank. Jordan was violating that right when it exercised sovereignty and Israel is violating that right since. The current Levy position strengthens the GOI and Israel but does not strengthen Jewish rights. The GOI has no right to obstruct Jewish settlement west of the Jordan merely because it took physical control. GOI laws, policies and execution are obligated firstly to”encourage” jewish settlement and any exercise of control should be guided to facilitate that “enouragement”. I will not feel confident until a report is issued which states that Jewish rights to settle under international law west of the Jordan river is universal and not dependent upon the state of Israel but rather the state has the duty of facilitation of that separate jewish right.
Ron, I agree that the majority of Americans support Israel.
This is indeed a bit of good news, but why did it take an Isreali government so long to establish a committee to get a legal backing for what was obvious to any other than a bigot. And of course Bernard Ross’s and Nigel Shaw’s points must also be taken into account.
Having all this to hand, two questions beg answers. How can the High Court ignore this opinion, demand that its legal rulings be executed and the government not reverse action already taken in Ulpana and Migron? When will the government translate this finding into legislation? (Dare I hope that the findings become law before the US presidential elections?)
Bernard Ross properly quotes Golda’s observation re Fakestinians. That observation must be constantly reiterated and a question appended: If you must babble about a West Bank, where is the East Bank is please?
@ Pinchas:
I guess that says all that needs to be said about the “press” in question.
@ Bernard Ross:You are right Bernard. Even in the acknowledgement that Jewish settlements in Yehudah and Shomron are legal, the report still implies the right of the phantom “Palestinians” to make claims on the land.
As the so-called “Peace Process” is dead, it should be buried, and all talk of a two state solution should cease.
Yehudah and Shomron must be annexed. Before this is done, the arguement must be made to Israelis and the Jewish people first.
As Golda said, “THERE IS NO SUCH THING AS THE PALESTINIAN PEOPLE.” THe land is ours according to San Remo and more importantly, G-D ALMIGHTY.
Although it is welcome news to see the “rights” of jews to settle ascending I am disturbed by the exclusion of other facts which form an even stronger binding international basis for settlement: the san remo treaty, the league of nations mandate and the UN Charter affirming and acknowledging obligations under the L of N mandate. The arguments here cite international law under the Geneva conventions but omit the other international law. It is strange to me that the clearest and most binding agreements that encourage jewish settlement west of the jordan river are omitted on a regular basis. Can anyone explain this repeated omission, legally? Is there a defect in the claim of internationally binding legal settlement of jews west of the Jordan river under san remo, LON and UN charter? As these agreements appear not to have ever been rescinded the repeated omission by the Israeli govt gives credence to there being a defect in the argument.
The finding of this committee got almost zero press at least in the English Israeli news sites.
The best news in decades for the State and People here.
Also… Happy INDEPENDENCE DAY!
I understand why the agnostic, ultra secular minority of former Jews, in reality unJews if not totally non Jews themselves, have gone absolutely nuts realizing their their run at treason is over.
The “vahadah Plesner” for example.
That misfit demands huge financial penalties against JEWS and their schools that refuse violence laden drafts alike those of the Czars as well as opening of criminal files against ONLY Haredim and religious are totally gruesome examples of what I have been warning about for years.
IT IS NOTHING ABOUT serving but about attempts to assaulting JEWS.
That ghastly element does not only operate their specially selected psychopaths and “judges” to assault Jews and Jewish Heritage. They now directly opted for grotesquely illegal, discriminatory, ukase styled Czarist shrieking acts.
They do not only have copied the “YEVSKTZIAH” from their KGB, (The Shabak Jewish Section), but now also want to recreate other sinister activities from the same origin.
That is just but one such insane reaction.
Just days ago came to light that the KFIR unit was ordered to train to AMBUSH JEWS!!!! They would find excuses for that later…
I warned before and I do so again…
The unJewish garbage WILL OPEN FIRE and murder if they are not stopped cold NOW!
Thanks so much for posting this. The truth of the matter is that this is finally becoming a consensus among the population here in Israel. I think that very truth emboldened this “report”. For once the government is listening to it’s constituents instead of the outside powers pressing their agendas in on us. While we welcome the support from any population around the world willing to lend it, the bottom line is that we must consolidate our own agenda and stand strong against the growing enemy. We see the events swinging against us in the world at large and specifically in our own neighborhood. If we, as a nation, don’t have a single intent towards the preservation of our nation, then we have no hope. May HaShem watch over us all!
@ C.R.:
I am sure Laura can shed some light on this.
I believe the majority of Americans support Israel although some of our elected officials may be anti-Semites.
Above all there is no reason not to support Israel. Israel remains our only true friend and trusted ally in the ME.
From the beginning–American support of Israel has been one hand extended and the other behind the back with a knife–which periodically reaches around and stabs Israel in the back!
Ron: Sir, I hope that you are right.
I have soured on the West. Especially the Anglo world. Specially England and Ireland. This is a cesspool of hate towards Jews. Just peruse any comments on any english speaking media web site. Hard for me to have any compassion for those people in England. They are generally very unattractive and live in tiny creeky apartments fed propaganda from the BBC, faced with a growing demonic muslim populace. The sooner England sinks in the ocean, the better I will feel.
As for the USA, I have mixed emotions. When an American soldier is killed, I grieve with the American people.
But when I read news and opinions from precious metals websites and I read as often as I can – maybe I am sick in the head worrying about our currencies, I will always read comments about Rothschilds, Jews, Zionist criminals, USS Liberty, Shalom Bernanke, Hymie Aipac, and on and on and at any moment, many of these sites with well thought out articles could turn into holocaust denying sites at any moment.
I look at people differently. White and Black. I do not wish to paint millions of people with the same brush but I would prefer an Israel to be rich in gold, silver and oil free of the US dollars and a puppet of the US. US leaders are very corrupt and wish to be on a Saudi payroll, espesh the Dems. The Jewish Dems are crazed leftists that make Jews look stupid.
Based on the numbers, Israel must seek strong ties with the BRIC nations.
A growing minority of Americans do not support Israel and a growing part of America are not Anglo Saxon Protestants nor Catholic, from awful parts of the muslim jungle.
This is true–but none of this matters to an anti-semitic Godless world–they are not about the truth–but rather they are about the lie!
What is most important is what God has said about the Jews and Israel!
Genesis 13:14-15 And the Lord said unto Abram, after that Lot was separated from him, Lift up now thine eyes, and look from the place where thou art northward, and southward, and eastward, and westward:
For all the land which thou seest, to thee will I give it, and to thy seed for ever.
Genesis 17:7-8 And I will establish my covenant between me and thee and thy seed after thee in their generations for an everlasting covenant, to be a God unto thee, and to thy seed after thee.
And I will give unto thee, and to thy seed after thee, the land wherein thou art a stranger, all the land of Canaan, for an everlasting possession; and I will be their God.
It is about time that we hear that “upon completing the committee’s tasks, and considering the testimonies heard, the basic conclusion is that from an international law perspective, the laws of ‘occupation’ do not apply to the unique historic and legal circumstances surrounding Israel’s decades-long presence in Judea and Samaria.”
The legal Rights of the Jewish People have been neglected far too long by Israeli governments, allowing the delegitimization, and demonization, all because of the false notion of “Occupation”.
We hope to hear more and more voices speak out in support of our legal rights to Yehuda and Shomron, and debunk the widely louded misnomer of ‘settlements, and occupation”
@ James B Canada:
Well Jim, I am not sure about that. I do believe a majority of Americans support Israel although some administration people may not, the president in particular.
I would say he is no friend of Israel.
Laura has a pretty good pulse on American support of Israel.
Let’s get her opinion.
Ron Grand – I no longer believe that the USA is united with Isreal. Millions and millions of Americans want to see it dead.
Given the pathetic state of the finances of the American govt., and its obligations, Israel should no longer take one penny from them.
The hate to Jews and Israel will surely grow as Americans wake up from their MSM induced slumber when their currency is seriously devalued. Anger will follow directed at Jews and Israel pushed on by many websites and the MSM; financed by the House of Soddie arabia.
Israel and the Jewish people must begin to prepare. Gold, Silver, Prepping.
rongrand Said:
I agree. God bless you and yours; USA and Israel.
@ Laura:
Happy Independence Day to you and your family.
G-d bless the United States of America and G-d bless Israel.
The global jihad hate us both.
We must stand united.
Norman, I am as happy as you are that realization is setting in among the Israeli judicial, legislative and administrative bureaucracies that the Jewish state has full legal right to settle anywhere in Shomron and Yehuda.
But that alone is not the “definitive statement of Zionist values and Jewish national rights…”
The most definitive statement of all are the estimated 722,000 or more Jews who already last year were living in Yehuda, Shomron, Golan and the reunited parts of eastern Jerusalem, and the millions of more Jews who will be living there in the times of our children and grand children, and in the centuries to come, in beautiful and well-planned cities and villages, in agricultural communities, and working in commercial and industrial centers right there in the heartland of the Jewish nation — the Jewish heartland of the age of the judges and kings of Israel and Judea, and the heartland of the Jewish nation forever.
Above all else, Zionism is the territorial imperative of the Jewish nation.
Arnold Harris
Mount Horeb WI
Happy Independence Day.
I think this is a definitive statement of Zionist values and a vindication of Jewish national rights in Judea and Samaria.
This framework should guide Israeli government policy in the future.
Its much needed and long overdue.