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Closing eyes is not good faith: the High Court has stopped another attempt to launder construction in the territories
The ruling given regarding Mitzpe Karmim poured cold water on Mandelblit and the settlers' attempt to create a device for the wholesale training of buildings erected on private Palestinian land. Similar to the ruling that invalidated the Settlement Law, the judges once again blocked a legal instrument under the guise of interpretation - trying to transfer land to the settlers
Tags- High Court
- Expecting vineyards
- Avichai Mandelblit
Daniel Dolev
Thursday, 27 August 2020, 22:49- Share on Facebook
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The ruling given today (Thursday) in the matter of Mitzpe Karmim is reminiscent of basic insights that have been almost forgotten, at least by the Israeli public: relations between the State of Israel and the settlers and the Palestinians are not a dispute between a seller and a buyer in Haifa or Herzliya.
Attorney General Avichai Mandelblit and the settlers of Mitzpe Karmim tried to import into the territories the mechanism known as "market regulation." This is a legal mechanism that stipulates that a person who bought a property in good faith will, under certain conditions, be able to continue to hold it even if a defect in the transaction is discovered later. In real estate, for example, the law stipulates that a buyer who relied in good faith on the taboo and bought a property, will continue to own it even if it turns out that there was a mistake in the taboo, and in fact the person who sold him the property was not allowed to do so. The idea is to give protection to buyers who have acted responsibly, to enable a normal trading life.
The territories' version is an order of the General Command of the Central Command from 1967, regarding government property. Section 5 of the order provides that any transaction made between the Commissioner of Government Property and another person, in an asset which the Commissioner considered at the time to be Government Property, shall remain in force even if it turns out later that it is not in fact Government Property.
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More than 400 dunams in favor of the settlements. The entrance to Mitzpe Karamim (Photo: Yonatan Zindel, Flash 90)
In short, it can be said that Supreme Court President Hayut and her deputy, Hanan Meltzer, killed every part of this interpretation, as far as Mitzpe Karamim is concerned: To claim that the state has acted in good faith all these years.
But the most important statement of the ruling goes far beyond the boundaries of the small outpost, and concerns more than a thousand buildings in territories erected on private Palestinian land. Mandelblit hoped that the same structures could be whitewashed retrospectively through several legal mechanisms. When he refused to defend the regulation law in the High Court, he argued that there are alternative legal instruments that infringe on the Palestinians' property rights to a lesser extent - chief among them market regulation. But that required a very broad interpretation of the terms and terms mentioned in the order.
More on Walla! NEWS
The High Court ordered the demolition of houses built on private Palestinian land in the Mitzpe Karmim outpost
To the full article
Poured a bucket of cold water on the interpretation. President of the Supreme Animals (Photo: Yossi Zamir Globes)
Judges Hayut and a waiter today poured a bucket of cold water on this interpretation. If the ombudsman wanted to use the market regulation - the Supreme Court president and its deputy reminded him which market is operating across the Green Line. More than 400 times. The conclusion is clear: the West Bank-style market regulation is not intended to allow a normal commercial life, but to be another instrument that works for the benefit of the Jewish settlers, at the expense of the Palestinians.
Hoped the buildings could be bleached in retrospect. Spokesman Avichai Mandelblit
Similar to the ruling on the Settlement Law, Hayut refused to accept a mechanism designed solely to steal land from Musa, and transfer it to Moshe. Therefore, it held that the language of the law, or in this case the order, should be interpreted in a narrow and concise manner. A deal should be a deal, government property must be government property, and in this case state lands, and winking and stating facts on the ground while closing eyes to clear warning signs - cannot be considered good faith.
Although the ruling allows, in principle, a mechanism of "a kind of market regulation" to be applied to land in Judea and Samaria, this means that it is quite possible that it will also make it possible to launder buildings erected on private Palestinian land. But at the same time, animals and a waiter have set a high standard that will not allow market regulation to be turned into wholesale laundering.
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