Tuesday, February 15, 2011

The Outposts Are Really NOT Illegal

From INN:-

Yehuda Shimon, an attorney...explains why his settlement is not “illegal.”

...“The source for the concept of illegal outposts, unauthorized settlements and the like...is the infamous Talia Sasson report, commissioned by then-Prime Minister Ariel Sharon back in 2005...Her report essentially coined the term 'illegal outpost'...Sasson essentially deemed 'illegal' any Jewish location built in Judea and Samaria after 2001 – when George Mitchell prepared a report...Ariel Sharon agreed at the time not to build any new towns. In 2003, again, Sharon’s Cabinet accepted the U.S. Road Map plan, but made it conditional upon 14 reservations(*) – including the total dismantling of all PA terrorist groups, the cessation of incitement against Israel, the waiver of any right of return of refugees to Israel, and more. The PA did not fulfill these conditions.

In her report, Sasson acknowledged that the choice of 2001 for the cutoff date distinguishing between “legal” and “illegal” outposts was made for political – not legal – reasons.

...Attorney Shimon noted that the Sasson Report never became a legal document or part of Israeli law. He said that the chairman of the Appeals Committee in the Finance Ministry’s Property Tax Department agreed with him on this point, when the matter came up in a legal hearing regarding rights of settlers whose property was destroyed by terrorists.

...Sasson listed four conditions whose absence, in her opinion, rendered a Jewish settlement in Judea and Samaria illegal: “The first is that the Cabinet has to have given its approval for its construction; the second is that it must be built on non-private land; the third is that there must be a recognized municipal zoning plan; and fourth, its borders must be determined by the local IDF Commander.”

...Shimon said. “First – regarding the Cabinet. Whoever determined that the Cabinet must approve the establishment of a new town? Not only is this not the law, and not only is it not logical, it also has never been this way in Israel. 90% of the towns in Israel were built without Cabinet approval!...“The second and third conditions are more acceptable and logical...the fact that the Regional Council must issue a zoning plan – this is a Catch-22, because the Council is powerless to do so without the signature of the Defense Minister. The current Defense Minister, Ehud Barak, has us in a bind, because he simply refuses to sign all new plans – and then he claims that the plans are illegal!”

“The fourth condition that Talia Sasson made up is that the borders must be approved by the O.C. Command. But here too – what is the source for this? It is totally arbitrary.”...

I can add that a Jewish residency in the Land of Israel can never be "illegal".

it can be unlicensed. Administratively unapproved. Non-zoned. Eevn non-recognized.

Not illegal.

P.S. The 14 reservations May 27, 2003

1. Both at the commencement of, and during the process, and as a condition to its continuance, calm will be maintained. The Palestinians will dismantle the existing security organizations and implement security reforms during the course of which new organizations will be formed and act to combat terror, violence and incitement (incitement must cease immediately and the Palestinian Authority must educate for peace).

These organizations will engage in genuine prevention of terror and violence through arrests, interrogations, prevention and the enforcement of the legal groundwork for investigations, prosecution and punishment. In the first phase of the plan and as a condition for progress to the second phase, the Palestinians will complete the dismantling of terrorist organizations (Hamas, Islamic Jihad, the Popular Front, the Democratic Front, Al-Aqsa Brigades and other apparatuses) and their infrastructure; collection of all illegal weapons and their transfer to a third party for the sake of being removed from the area and destroyed; cessation of weapons smuggling and weapons production inside the Palestinian Authority; activation of the full prevention apparatus and cessation of incitement.

There will be no progress to the second phase without the fulfillment of all above-mentioned conditions relating to the war against terror. The security plans to be implemented are the Tenet and Zinni plans. [As in the other mutual frameworks, the roadmap will not state that Israel must cease violence and incitement against the Palestinians].

2. Full performance will be a condition for progress between phases and for progress within phases. The first condition for progress will be the complete cessation of terror, violence and incitement. Progress between phases will come only following the full implementation of the preceding phase. Attention will be paid not to time lines, but to performance benchmarks (time lines will serve only as reference points).

3. The emergence of a new and different leadership in the Palestinian Authority within the framework of governmental reform. The formation of a new leadership constitutes a condition for progress to the second phase of the plan. In this framework, elections will be conducted for the Palestinian Legislative Council following coordination with Israel.

4. The Monitoring mechanism will be under American management. The chief verification activity will concentrate upon the creation of another Palestinian entity and progress in the civil reform process within the Palestinian Authority. Verification will be performed exclusively on a professional basis and per issue (economic, legal, financial) without the existence of a combined or unified mechanism. Substantive decisions will remain in the hands of both parties.

5. The character of the provisional Palestinian state will be determined through negotiations between the Palestinian Authority and Israel. The provisional state will have provisional borders and certain aspects of sovereignty, be fully demilitarized with no military forces, but only with police and internal security forces of limited scope and armaments, be without the authority to undertake defense alliances or military cooperation, and Israeli control over the entry and exit of all persons and cargo, as well as of its air space and electromagnetic spectrum.

6. In connection to both the introductory statements and the final settlement, declared references must be made to Israel's right to exist as a Jewish state and to the waiver of any right of return for Palestinian refugees to the State of Israel.

7. End of the process will lead to the end of all claims and not only the end of the conflict.

8. The future settlement will be reached through agreement and direct negotiations between the two parties, in accordance with the vision outlined by President Bush in his 24 June address.

9. There will be no involvement with issues pertaining to the final settlement. Among issues not to be discussed: settlement in Judea, Samaria and Gaza (excluding a settlement freeze and illegal outposts); the status of the Palestinian Authority and its institutions in Jerusalem; and all other matters whose substance relates to the final settlement.

10. The removal of references other than 242 and 338 (1397, the Saudi Initiative and the Arab Initiative adopted in Beirut). A settlement based upon the roadmap will be an autonomous settlement that derives its validity therefrom. The only possible reference should be to Resolutions 242 and 338, and then only as an outline for the conduct of future negotiations on a permanent settlement.

11. Promotion of the reform process in the Palestinian Authority: a transitional Palestinian constitution will be composed, a Palestinian legal infrastructure will be constructed and cooperation with Israel in this field will be renewed. In the economic sphere: international efforts to rehabilitate the Palestinian economy will continue. In the financial sphere: the American-Israeli-Palestinian agreement will be implemented in full as a condition for the continued transfer of tax revenues.

12. The deployment of IDF forces along the September 2000 lines will be subject to the stipulation of Article 4 (absolute quiet) and will be carried out in keeping with changes to be required by the nature of the new circumstances and needs created thereby. Emphasis will be placed on the division of responsibilities and civilian authority as in September 2000, and not on the position of forces on the ground at that time.

13. Subject to security conditions, Israel will work to restore Palestinian life to normal: promote the economic situation, cultivation of commercial connections, encouragement and assistance for the activities of recognized humanitarian agencies. No reference will be made to the Bertini Report as a binding source document within the framework of the humanitarian issue.

14. Arab states will assist the process through the condemnation of terrorist activity. No link will be established between the Palestinian track and other tracks (Syrian-Lebanese).

Second Source


1 comment:

contactos valencia said...

So, I do not really think this will work.