The High Court of Justice today, Sunday, 2 Nissan 5772 rejected the state-brokered deal to save Migron, a deal that permits residents to remain for another few years as their community is rebuilt in a nearby location, which will take an estimated 3.5 years. The court however did grant a few additional months before the residents must leave or be expelled, pushing the deadline to August 1, 2012.
The panel of judges headed by Justice Asher Gronis also including Justices Miriam Naor and Salim Jubran ruled such an extension is simply unacceptable despite the state’s efforts to reach a solution that is amenable to all parties as opposed to the possibility of another forced expulsion. The court ruled that granting such an extension at this stage would simply be an affront to the judicial system, pointing the case is in court for five years, during which a solution could have been found. The court feels that the time has come for the petitioners, Peace Now representing PA (Palestinian Authority) residents, to enjoy the fruits of the court’s ruling by implementing the court’s decision.
Gronis was critical of the government for not evacuating the residents from the community during the last five years. Nevertheless, the court stated it was bending over backwards by granting yet another extension, until August 1st. The court feels this is sufficient time for the residents to make alternative living arrangements.
For the residents of Migron there are expressions of outrage, anger, pain and concern as they feel the land in question is being ripped out from under them, unjustifiably, and they are now beginning to contemplate their future with the cloud of expulsion hanging over their heads.
The ball may now bounce back to the Knesset’s court for legislation that will bypass the court’s ruling.
For Peace Now, the response was one of delight for what they feel is a long overdue decision.
(YWN – Israel Desk, Jerusalem)
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4 Responses
You do understand that it only takes 61 votes in the knesset to overrule the Supreme Court.
It’s time for the government to tell the High Court to take its ruling and shove it up its behind. It should announce that it does not recognise the court’s authority to make this decision and refuses to commit the crime of stealing the Migron residents’ homes from them.
Andrew Jackson famously said “John Marshall has made his decision; now let him enforce it”; I’m afraid that if Netanyahu were to say the same thing the court may well try!
#2- You realize the famous case involving Jackson involved his, and the Congress’s, desire to engage in some “ethnic cleansing” (as we call it now – confiscation of private property, forced death marches – the sort of things that are now considered to be crimes against humanity).
Remember, that it only takes 61 members to overrule the Israeli Supreme Court. All the settlers need is a majority of the parliament. There’s no need to turn fascist over it.
Yes, Akuperma, I realise what the Jackson case was about. It’s still heartening to hear of a president who put the judiciary in its place. But at least Marshall didn’t try enforcing his decrees; the Israeli court might actually try.
Please tell me exactly what would be fascist about telling the Israeli Supreme Court to stuff its decision. The decision is plainly illegitimate, and it’s far past time that someone put these thugs in their place. Netanyahu doesn’t control 61 votes, but he can control the army and police and order them to leave these people alone. Everyone agrees they’ve done nothing wrong, they’re living on their own property, so by what right are they to be expelled? How does a judicial diktat change that?