Thursday, July 05, 2012


Nadene Goldfoot
Judge Levy is not the first legal expert to say that  Israel has,  according to international law,  the legal right to live and build in Judea and Samaria.  Eugene Rostow and Stephen Schwebel have also ruled that they are not breaking international law.  They just investigated their position once again and take the same stand as found earlier.

Israel, a land where justice has always been extremely important, from times of their very beginnings with Moses to the present,  revisited the their legal status once again to get a new read on it by retired Supreme Court Justice Edmond Levy.  He headed a committee that has been examining the legality of Jewish construction in Judea and Samaria and  declared on Tuesday that Israelis have a legal right to settle the region, a decision that Israel had already come to take after winning the 1967 war. 

 Israel was attacked in 1967 by surrounding states of Egypt, Jordan and Syria, who lost.  The UN has upheld a ruling that Israel is breaking international law of building in what they call the Palestinian territory citing the 4th Geneva Convention.  It should be mentioned that the UN is also top heavy with 48 Muslim majority countries who would rather get rid of Israel entirely and find fault with her at every possible moment.   In fact, Syria is up again to serve on the Human Rights Council of 2013 along with such countries as Pakistan and Venezuela.

Israel was promised by the mandate holder, England, in the Balfour Declaration to have a Jewish Homeland in Palestine.  The original decided piece was lopped off and 80% of it was offered to the Palestinian Arabs who rejected it and have continued to do so for 64 years!  This included Judea and Samaria.  Actually, they were being piggish in wanting Israel's piece as well and in my opinion, weren't after a state but after a way of getting rid of the Jews. At that time they had not voiced any claims of nationalism at all, being Arabs coming from many of the surrounding countries whereas the Jews were in dire need of a homeland and wanted their own homeland back once again after a 2,000 year wait for it.  To the Jews, the land was holy.

At the very least, Jews have this right to live in the lands that they control under the agreements with the Palestine Authority, he has stated.  The establishment of Jewish settlements in Judea and Samaria, which the press calls "West Bank" is in itself, not illegal.

"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 report continued to say that the 4th Geneva convention's part addressing 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.

There were some criticisms for Israel in the report, though.  The problems were the dozens of new neighborhoods that had been erected without government authorization but not halted by the government, either, and without a link to the mother community.  Several had been built outside the legal jurisdiction allotted to the community .  The ruling is that they are to operate within the confines of the law and this must be enforced better in the future.  This situation is undoubtedly why Netanyahu had this committee formed.  

The committee gave recommendations to be followed.  Future problems of unauthorized communities will be dealt with from now on in a faster manner.  Rules are now clear and must be enforced.

Judge Levy, born in Iraq, was an active criminal lawyer.  He was appointed to the supreme court in 2001.

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