Wednesday, August 31, 2011

On the Migron Issue

From Moshe Dann's op-ed:

...Relying on the opinion of the State Prosecutor’s Office and Civil Administration, the Supreme Court accepted Arab claims that Migron was built illegally on “private Palestinian land.”  The Supreme Court, however, did not investigate or examine the issue, since it does not deal with such questions; only the District Court has this authority. The State and Civil Administration never explained why they did not object initially, or why they changed their position; there is strong suspicion that the reason is political.

Although the area of Migron is registered to Arabs, the district court has not authoritatively decided this issue. Since the alleged original Arab owners are deceased or unknown, there are serious questions of whether the Arab claimants really do own the land. Moreover, despite the 64 plots in dispute, only four petitioners have appeared. Why hasn’t the government accepted their petitions, and where are the rest? These and other questions regarding ownership will be considered when the case is heard in the Magistrate’s Court.

How the land was acquired by the Arabs who now claim it is important. Under Turkish, British and Jordan rule, large tracts of state land were given to individuals, tribes and villages by the sovereign power on condition that they pay taxes and use the land within a specified amount of time, usually 10 years. Land not used within the given time reverts to the state.

The area of Migron was never used or developed by its Arab claimants, then or now. But there is a more important question...

The Arab claimants have rejected generous offers of compensation and alternative sites which more than match the value of Migron’s land. Their refusal is understandable since, according to Jordanian and PA law, selling land to Jews is a capital crime. Hundreds of Arabs suspected of such transactions have been tortured, jailed or lynched.  Pushed by NGOs like Yesh Din and Peace Now, therefore, the Arab claimants are used as political pawns...

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6 comments:

Anonymous said...

How can a piece of land in the West Bank belong to a crowd of alien losers from Brookyln playing at being pioneers and not the people who live on it who have the relevant documentation ?

Anonymous said...

Does this farce happen anywhere else in the world ?

YMedad said...

Well, probably because (a) it's Jewish national land; (b) Arabs conquered and occupied it; (c) King Hussein illegally distributed land - or, if he did it legally as the "sovereign", then Israel, now the "sovereign" can do the same - distribute state lands to cronies.

Oh, and we're not all from Brooklyn. Are you from the British Mandate of Palestine? or the Turkish Ottoman villayet of whatever or the West Bank of the Hashemite Kingdom of Jordan all of which is the Land of Israel. But you know that.

Anonymous said...

How is it "Jewish national land"? By what law ?

What authority backs up the claim?

YMedad said...

Try The Council of the League of Nations:

Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them; and

Whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2nd, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country; and

Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and

Whereas the Principal Allied Powers have selected His Britannic Majesty as the Mandatory for Palestine; and

...Whereas by the aforementioned Article 22 (paragraph 8), it is provided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Nations;

Confirming the said mandate, defines its terms as follows:

Article 5

The Mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power.

Article 6

The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.

Anonymous said...

Let's see what the UN says on September 20. Once the Yanks wake up to what the lobby is doing to their interests you won't even have American support. It's all downhill from here.