Justice in Jerusalem

by Reuven Kaminer

Published by Portside

Jerusalem
June 7, 2012

My readers appreciate the fact that the law is incredibly
complicated. Therefore, I am volunteering, here and now, to
simplify a very thorny issue - presently at the heart of
Israeli politics, an issue which threatened to make life
rather difficult for King Bibi, the First.

In an Israeli settlement on stolen land in the Occupied
Palestinian Territories (OPT), it turns out that there is a
small parcel of privately owned land (by an Arab) upon which
some thirty apartments have been built and occupied by settler
families. After tons of legal battles, the Israeli High Court
of Justice ruled that construction on this bit of privately
owned (Palestinian) land was illegal from the beginning to the
end and ordered the demolition of the buildings.

The settlers and their allies demanded that King Bibi do
something.  This was no simple matter even for B1 who did not
want to antagonize every decent liberal in the country by
deliberately flaunting the honor and the prestige of the HCJ.
King or not, the settlers were preparing to roast his royal
highness's dignity by passing a law to legalize the robbery of
that small parcel of land in the settlement.

Now it may seem complicated, but Israel and most of the body
politic therein, including the HCJ consider that the Israeli
robbery of the entire land of Palestine is totally legal and
justified.

Accordingly, within the June 1967 borders, the government and
courts express Israeli sovereignty. Within the OPT, the IDF
and the Government of Israeli exercise sovereign rights and
powers either by virtue of Military Emergency orders or by
virtue of the ruling by the Israeli Supreme Court that, get
this, Israel is the acting sovereign instead of the Hashemite
Kingdom of Jordan. Thus, in the eyes of Israel, and its
vaunted court system, the executor and the arbiter of Israel's
liberal soul and conscience, it is perfectly legal to steal an
entire country, in this instance, Palestine.

So what's the problem with these thirty apartments? It is
this. Along with the rest of civilized peoples, Israel has
provisions defending the rights of private property. You can
steal an entire country, but you cannot steal a parcel of
land.

Bibi's party and coalition was up in arms against the
scheduled demolition operation a few weeks off. Their move was
the introduction of a special bill legalizing the illegal
acquisition of that troublesome parcel. Now this bit of
threatened legalization threatened to convert the
distinguished jurists of the HCJ into a gaggle of clowns.
Moreover, the HCJ could, if they dared, strike down the law as
unconstitutional. (This can be done, despite the fact that
Israel does not have a constitution - I told you that the law
is complicated - but we will leave this side issue for another
time).

The settlers and the settler lobby were frothing at the mouth.
They demanded that Bibi support the legalization bill.

As abhorrent as it sounds, the King was in a minority. But
King Bibi is not a king for any old reason So, the King
cracked the whip and threatened to expel rebellious ministers
from the cabinet and suggested a "compromise" to his
followers. This compromise was a "beut." The apartments would
be "sawed up" and rebuilt a few kilometers down the road. And
King Bibi has a real pacifier for the settler tantrum. Israel
will commence construction, starting now, of another 1,000
housing units be built in the OPT. Homes, streets, utilities,
commercial areas in honor of the compromise.  Why should
Israeli Jews fight other Israeli Jews when they can amicably
decide to rob some more Palestinian territory? You tell me.
Hallowed be the name of the High Court of Justice in
Jerusalem. Hallow be the principle of private ownership in an
expropriated land. The Knesset rejected the legalization bill.
Bibi does not need a Knesset approval for bigger and better
annexations.

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