How Migron was lost
Caroline Glick describes the shocking (unless you live in Israel and understand how the system works) story of how Migron was lost. On the face of it, Weinstein's defiance of a legally binding government decision was unlawful. Certainly it would appear to be grounds for his immediate firing. But while shocking, Weinstein's rank insubordination was not unique.One of my regular readers often calls for a land registry that would provide evidence of claims to property rights, particularly in Judea and Samaria. After you read this article, you might conclude that won't help.
As relates to Israel's legal rights in Judea and Samaria, Weinstein is guided not by the law but by the ideology of the far Left. This ideology received formal expression in a 2005 report on unauthorized Israeli communities in Judea and Samaria authored by former assistant state attorney Talia Sasson. The Sasson Report represented a wholesale renunciation of all Israeli claims to legal rights over Judea and Samaria. It was unhinged from both Israeli and international law.
And it was embraced by the legal fraternity.
After Sasson finished her report, she joined the post-Zionist Meretz Party. In 2009 she ran unsuccessfully for Knesset.
In an attempt to mitigate the damage Sasson's report caused to Israel's legal position in Judea and Samaria, in February Netanyahu commissioned retired Supreme Court justice Edmond Levy to lead a task force of distinguished jurists and present the government with a report setting out Israel's legal rights to Judea and Samaria. Netanyahu asked Levy to also offer recommendations for implementing those rights in relation to the Jewish communities in Judea and Samaria.
Weinstein didn't even wait for the Levy Commission to begin its work before he sent Netanyahu a letter informing him that the commission's report would have no impact on his handling of issues related to Israel's rights to the areas. And as his decision to ignore the legally constituted ministerial committee's position on Migron made clear, Weinstein continues to behave as though he and his colleagues sit above Israel's democratically elected representatives.
Many on the Right are urging Netanyahu to adopt the findings of the Levy Commission as official government policy. While such a move certainly can't hurt, it is hard to see what difference it would make in practice. Weinstein has already pledged to defy the government. So even if the report is adopted, the government's lawyers will refuse to defend its positions.
Weinstein is only able to behave as he does because he operates in an environment where the Supreme Court has usurped the power of Israel's elected governments to determine state policy.
Read the whole thing.
Labels: Migron, standing and justiciability, Supreme Court, Yehuda Weinstein
posted by Carl in Jerusalem @ 9:54 PM
2 Comments:
The people with some clout, who don't want the U.S. to take part in creating a judenrein area on land that is specified by standing treaties as open for Jewish ownership, ask for the legal references and documentation. Only confusing narratives with accidental title facts show up on the internet. That new report is invisible. If you guys only want to bicker with your Leftists, while our Leftist (and your green $lu$hfund patron - he thinks he bought you) Obama, puts your enterprise down the garbage disposal, then what is there to say. I guess saying that it woudn't matter is one approach. But I, for one, REJECT that, as I reject the ethics of Israel's uplifting Obama by accepting, rather than turning your back on, his $billions for inadequate installations that will cause misery for the poor. Israel simply needs a County Clerk's office.
Israel's Left and the U.S. Left... whatever is going on from one moment to the next, we need to NEVER give up or give in to them. Having started to try to get the Left voted out in one very blue section of the U.S., I can say that it takes a LOT of tedious effort (establishing and maintaining county clerk operations will be quite tedious!!), and little by little things start to move.
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