High Court issues conditional order: We are forced to move toward a conclusion in the matter of Khan al Ahmar
This evening (Sunday) the High Court of Justice issued a conditional order in the most recent round of the Khan al Ahmar case. Tonight’s order, giving the government 120 days to explain its failure to fulfill the three-year old commitment to enforce the law “in the near future,” follows the government’s most recent request for an additional postponement:
“In light of the frequent requests for extensions and postponements, some of which were justified but most of which were less so; and in light of the amount of time that this petition has been pending, nearly three years; and in light of the fact that this ‘saga’ has been unfolding since 2009 when demolition orders were issued … we are forced at this juncture to take a further step toward a conclusion, by issuing a conditional order.”
The Regavim Movement, petitioner in the ongoing battle over the illegal encampment in the Adumim region, reacted to the new order: “The fact that we have been forced to petition the High Court of Justice again and again in order to compel the government to enforce the law is bad enough. Even worse is the government repeatedly giving a commitment to the High Court that it will enforce the law – and then failing to do so. It is not the job of the judicial branch to bail the executive branch out of the mess it’s made.”
Israeli government asks High Court for an additional 30 days in the Khan al Ahmar case “due to the Prime Minister’s intensive involvement in the military crisis in Europe.” Regavim: “We may petition for a summary judgement.”
This evening (Tuesday) the state’s attorney requested an additional 30-day extension, in order to enable “the most senior levels of government, particularly the Prime Minister, to weigh in on this matter.”
The government had been required to respond to Regavim’s most recent High Court of Justice petition no later than this past Sunday (6 March 2022), but as the deadline approached the state requested a 48-hour extension. As this extension runs out, the state has requested an additional postponement, this time for 30 days. The request, submitted in a deposition signed by the Director of the National Security Council Eyal Hulata, claimed that the reason for the latest request was “circumstances that have arisen in the sphere of international diplomacy, including the Prime Minister’s involvement in the European military crisis.”
The Regavim Movement reacted to this latest request for postponement: “To the best of our knowledge, Prime Minister Bennett has returned from his trip to Europe, and as far as excuses go, this one is exceptionally flimsy. We are considering requesting a summary judgement.”
This morning, Bedouin lawbreakers herding flocks of thousands of sheep invaded the IDF Tzeelim Base, leading to a confrontation with the Israel Police and the Green Patrol who were called out to remove the intruders from the IDF’s live-ammunition training area. The intruders called in backup of their own – Bedouin residents of the Bir Hadaj squatters’ camp – who stoned the police officers, faced off with the enforcement patrol, and attempted to run over one of the inspectors.
As this scene was unfolding, a different face-off was taking place in the Knesset, where ministers were embroiled in a tug-of-war over the government’s new five-year plan for the Negev. Over the past several weeks, the previous five-year plan (2397) – a ₪3 billion package that included 200 million shekels for forestation, land protection and law enforcement – ran its course. The new plan, which the government is scheduled to debate and approve this week, does not include one single shekel for these crucial projects; the chapter on enforcement was simply cut out of the draft legislation.
The plan in its present form includes funding for Bedouin municipalities but is completely devoid of any allocation of resources for enforcement authorities. It will cause long-term damage to the state of governance in the Negev.
Increased enforcement activity in the Negev over the past year is the result of government decisions and budgetary allocations legislated in 2017. As it now reads, the new Negev Five-Year Plan will cut the oxygen supply for enforcement, and the results will be felt over the coming years. Under no condition should this plan be approved; all ‘carrots’ and no ‘sticks’ is not a plan, it’s a recipe for disaster.
Regavim first petitioned the High Court of Justice over a decade ago for the evacuation of Khan al Ahmar, the illegal squatters’ camp encroaching on Route 1 and the Jewish community of Kfar Adumim.
This evening, Amit Segal reported on Channel 12 News that the Bennett-Lapid government intends to relocate the squatters a mere 300 meters (330 yards) away from their current location.
This hare-brained scheme, hatched by the Ministry of Defense, will turn the Palestinian Authority’s flagship outpost in Judea and Samaria into a permanent, recognized Palestinian settlement.
The PA targeted this point on the map precisely because of its critical strategic value as the link between Bethlehem, Ramallah and Jericho – an area where there is no Palestinian Arab presence. Enabling the takeover and de facto annexation of this strategic location will be a fiasco for the security and strategic integrity of the State of Israel.
The Israeli government invested millions, preparing an alternative location for relocation of Khan al Ahmar on Israeli state land in Jahalin West, but the relocation of the squatters has been stalled solely due to European pressure.
It is inconceivable that the very same members of this government who repeatedly attacked Netanyahu for his failure to evacuate the squatters of Khan al Ahmar are now responsible for this bizarre, pathetic alternative – one that is far worse in every way.
The planned relocation will do little to improve the lives of the squatters, but it will set a dangerous precedent of state-sanctioned annexation for the dozens of illegal squatters’ camps throughout the region that were established according to the Khan al Ahmar model.
Following the decision to suspend the KKL forestation project in southern Israel, the Regavim Movement decried the government’s capitulation, charging this decision as continued “protection payments” to Mansour Abbas that make the next round of violence and domestic terrorism inevitable.
The Raam Party and the Bedouin know full well that they can dictate to the government through the use of political pressure, strongarm tactics and violence. When you cave in to terrorism and blackmail, you invite the next round of violence. Prime Minister Bennett and Interior Minister Shaked have repeatedly asked that the “government of change” be judged by actions, not words. Today, the government’s decision to surrender to terrorism and to suspend the planting project is a an action that speaks louder than words. The words we’re hearing are Ayelet Shaked’s – but the tune the government is dancing to is being sung by Mansour Abbas.
From the May 2021 Riots through the Electricity Law, from the Palestinian Authority’s de facto annexation of Area C through countless hours of Knesset committee hearings and fieldwork, from countless courtroom appearances through grinding parliamentary policy sessions, from our constant presence on the ground to our incessant efforts to bridge the gaps in law and enforcement, policy and vision – this year, as every year, we present a summary and overview of Regavim’s activities.
As always, we take stock of the year’s achievements and challenges with the approach of Tu B’Shvat, the day we celebrate the natural rebirth of the Land of Israel – and the founding of Regavim.
This year, as we have for the past 15 years, we did our utmost to insure that land policy in the State of Israel reflects core Jewish and Zionist values, using every possible means to combat the unrelenting opposing forces that seek to obscure and disrupt the connection of the Nation of Israel to this good and sacred Land.
We’re pleased to present our in-depth annual report here.
Thank you for your partnership and continued support.
Recently, we went on a field tour of the Adumim region (E1) with Tribe Journal to see up close the illegal Arab takeover of the territory. Naomi Kahn, Director of Regavim’s International Division, explained how the Bedouin are being used as pawns by the Palestinian Authority to create facts on the ground, in accordance with the Fayyad plan.
Over a decade ago, then-Prime Minister of the Palestinian Authority Salam Fayyad outlined his vision for a future Palestinian state throughout Judea and Samaria. The strategic, meticulous, well-funded, EU-backed plan seeks to take control of Area C, the section of Judea and Samaria under Israeli jurisdiction, and unilaterally establish a de-facto Palestinian state.
Israeli governments have failed to offer an adequate response to this strategic threat. Through various activities, Regavim and others are working hard to change the tide and help the Israeli government begin to win the Battle for Area C.
Last week, we participated in a Public Security Committee hearing in the Knesset about agricultural crime. Regavim’s Director General, Meir Deutsch, presented the Committee with Regavim’s multifaceted plan to combat the issue. In his opening remarks, Deutsch shared with chairwoman MK Merav Ben Ari that this was the 14th (!) meeting about agricultural crime in which we’ve participated over the years, and sadly they’ve all felt the same.
In every meeting, the difficult reality is surfaced, the Police says what it has to say, the farmers express their anger, and life goes on (without change) until the next meeting. However, this time, perhaps there’s reason for hope. Before we explain why, it’s important to outline briefly what our plan is:
After dealing with the issue of agricultural crime for years, Regavim formulated a plan that is predicated on the simple principle that, in order to achieve real change, different forces must join arms: the Police, the farmers, the State Attorney, and the judiciary.
If one of these forces, each constituting a link in the chain, isn’t effective, the whole battle will be unsuccessful. The government plan must be comprehensive and include more than just the establishment of special police units. The plan must consider the matter of insurance for farmers, provide backing for farmers to file complaints with the Police despite their despondence (accompanying the complaints, improving service, etc), allocate resources to the Police, amend legislation to help the State Attorney, and seek to increase punishments in the Courts.
On this occasion, unlike the previous Knesset meetings in which the discussion focused solely on bolstering the Police, the Agriculture Minister’s representative announced that the Minister intends soon to reveal a comprehensive plan to fight agricultural crime.
Although we’ve become used to disappointments, we prefer to keep pushing and remain optimistic. We hope that the tides are changing, and that we’ll see substantial change in the nearby future. Keep following for updates.
Regavim: “We exposed the terrorist ties of Palestinian NGOs years ago, and we congratulate Minister of Defense Gantz for his important decision to officially blacklist organizations that have been actively pursuing Israel’s eradication.”
In a report released in 2018 entitled “The Roots of Evil,” the Regavim Movement exposed the connection between the Union of Agricultural Work Committees and the Peoples’ Front for the Liberation of Palestine. Late last week, Israel’s Minister of Defense took the necessary – and long overdue – step of officially banning the UAWC, along with five additional PFLP-affiliated organizations.
Immediately after its publication in 2018, Regavim’s “Roots of Evil” report was presented to the Israeli government – MKs, ministers and other members of the defense establishment – and then to the US Ambassador and other foreign diplomats, as well as Members of the European Parliament.
Founded by George Habash in 1967, the PFLP is a Marxist-Leninist Palestinian terror group, originally supported by the Soviet Union. The PFLP, infamous for carrying out suicide bombings, shootings, and assassinations, hijacking commercial airlines and other attacks that harmed thousands of civilians in Europe, the Middle East, and Africa, is responsible for countless deaths and injuries in Israel. The PFLP is designated as a terrorist organization by governments around the world, including the US, EU, Canada, and Israel.
In order to circumvent international sanction while continuing its murderous assault against Israel and its citizens, the PFLP co-opted the discourse of human rights and international law and created a web of “civil society organizations,” which was exposed in a 2015 ruling by Israel’s Minister of Defense: “Civilian activities of the PFLP draw a systematic picture indicating deep involvement in achieving [PFLP] goals – which are terrorist attacks against Israel…” The PFLP established “civil society” and “charitable” foundations as a means of creating a “halo,” encouraging outside observers to associate the terror group with positive progressive values instead of violence,” using rights-based rhetoric to justify a host of illegal, violent activity and to obscure its ultimate goal – the elimination of Israel.
Meir Deutsch, Director General of Regavim: “We welcome the important decision taken by the Minister of Defense. Unfortunately, after the publication of our findings in 2008, the terror organization known as UAWC was allowed to continue its activities, which cost innocent lives: the UAWC was actively involved in the murder of Rina Shnerb.”
“The recent decision by Defense Minister Gantz illuminates the direct connection between terrorism and the Palestinian Authority’s aggressive, illegal annexation of Area C – under the guise of ‘human rights’ and ‘humanitarian aid.’ We hope that this important decision will result in the shuttering of these terror organizations and that our defense forces will take the steps necessary to halt the flow of funds that keep these terror fronts afloat.”
Khan al Ahmar: High Court of Justice grants the government an additional delay. “Compromise attempts have become uncompromising contempt.”
The High Court of Justice granted the government an additional six-month delay in the Khan al Ahmar case. Regavim: Kicking the can down the road isn’t the solution, it’s part of the problem.
This morning (Wednesday), the High Court of Justice approved the government’s request for an additional six month extension of the deadline, to present to the court its plan for the evacuation of Khan al Ahmar, an illegal Palestinian Authority/European Union –supported outpost in the Adumim Region. The decision is the most recent stage in the sixth petition filed by the Regavim Movement against what it has called “the Palestinian Authority’s flagship outpost in the systematic takeover of Area C.” In 2009, Regavim filed the first petition against this Bedouin encampment on Route 1, a few short minutes’ drive from Jerusalem, in an attempt to compel the Israeli government to enforce the law and block the PA’s creeping annexation of state land throughout Judea and Samaria.
Presiding over the judicial panel, Justice Solberg’s decision included harsh criticism of the government’s conduct: “There is no doubt that the day is fast approaching when it will no longer be possible to accept the lack of clarity in this case, which requires a clear and decisive resolution – one way or the other. Even if the various proposed solutions were sufficient cause to postpone the inevitable, it is not possible to stall indefinitely. Even attempts to reach a consensual resolution must have limits. At a certain point, these attempts become a source of contempt, and this we must not accept. Our job as judges is to bring clarity to the petitions that are brought before us; this is our task, and this is our duty. We cannot sit idly by and do nothing in the face of this continued procrastination. We intend to complete the hearing process in this case soon after the government files its reply and after we consider any further responses to that reply; either way, this case must be resolved.”
Justice Stein joined Justice Solberg’s decision, adding that “the principle of legality, which we have been entrusted to carry out and to encourage, does not allow the state to ‘sit on the fence’ for years at a time and gaze at illegal structures without taking a definitive decision to either regulate or demolish them.”
Justice George Kra expressed reservations regarding the criticism voiced by his fellow justices, noting that he “at this time I see no reason to tie the court’s hands and limit our options regarding the continued adjudication of this petition.”
The Regavim Movement, which has been at the forefront of judicial and public opinion efforts to combat Palestinian annexation in Judea and Samaria, has been waging the battle for law enforcement in the Adumim Region through over a decade of Supreme Court petitions.
Responding to this morning’s decision, Meir Deutsch, Director General of Regavim, noted: “The chronic ‘after-the-holidays’ excuse isn’t a solution – it’s part of the problem. In the case of Khan al Ahmar, procrastination is an attempt to ignore reality and erase hard facts. The state is attempting, for the umpteenth time, to push off its commitment to evacuate Khan al Ahmar – until after the next holiday, Passover. Procrastination won’t change the bottom line: The State of Israel must take action against the ongoing Palestinian takeover of Judea and Samaria. Khan al Ahmar has been, and continues to be, the test case for the larger strategic challenge.”