Settler at Amona outpost
Photo: AP
What about the Arabs?
Government ignores illegal Arab building while enforcing law against Jewish builders
Illegal building by Israelis in the West Bank is considered a criminal offence, requiring expedited moves to obtain demolition orders.
That's how the justice ministry flexes the muscle of the judicial system. But is that really the case?
Rampant illegal building
More than 1,000 illegal buildings have been built each year by Jerusalem Arabs since 1997. Only 30-40 are destroyed each year.
Tens of thousands of illegal buildings are built each year by Arabs in the Galilee, the Arab Triangle, the Negev, Ramla and Lod. About 100 are demolished each year.
Illegal Outpost
Efrat Weiss
Some 200 settlers break into army base to protest planned evacuation of Amona outpost, set for Thursday. IDF claims settlers damaged military vehicles. Meanwhile, Soldiers struggle to force invaders out
Since 1967 there has been more Arab building in Jerusalem – a majority of which is illegal – than Jewish building. But the Israeli government flexes its muscle against a few dozen Jewish buildings in Hebron and the rest of Judea and Samaria, while keeping its eyes tightly closed in the face of the plague of illegal Arab building.
Impotent government
The government is impotent judicially and politically in the fight against illegal Arab building, which threatens Israeli sovereignty in Jerusalem and the rule of law in general.
Palestinian documents found in Orient House, the now-closed PLO headquarters in the city, show that illegal Arab building in the city is part of an overall strategy to prevent the "Judaization" of Jerusalem.
The Palestinian Authority supports such building in the capital (Shuafat, Beit Hanina and A-Zaim) in order to prevent Jewish neighborhoods from linking to one another (French Hill and Pisgat Zeev; Maaleh Adumim to Jerusalem.)
Illegal building runs rampant along Route 443 from Jerusalem to Modiin, in a drive to turn it into an internal Arab road while threatening Jewish freedom of movement between Tel Aviv and Jerusalem.
But the Israeli government enforces the law with regard to a few dozen Jewish buildings in Hebron and throughout the West Bank.
PA, Saudi support
In 1999 a Palestinian document reported the Israeli government's "stubborn intent to destroy 400-500 illegal houses in Beit Hanina and Shuafat."
But in 2000 a different document said, "There is nothing to worry about," because Israel would only destroy a few dozen buildings, and building could therefore be accelerated."
And so, with PA support, Saudi funding and under the tightly-closed eyes of Israel, illegal building became a norm, to the benefit of many Palestinian functionaries.
It is even an effective way to protest Jewish sovereignty in Jerusalem, to block development plans around the country, to limit Jewish freedom of movement on essential traffic routes, to aid Palestinian terror and to aid criminals.
Thriving business
By forging title documents for land and buildings has become a thriving "business" that is taking control of state lands, on absentee assets and the "small Palestinian."
It feeds a phenomenon of blackmail, threats, gang warfare and illegal inhabitants and provides a feeding ground for terror.
But the Israeli government enforces the law against a few dozen Jewish buildings in Hebron and around Judea and Samaria.
Swiss cheese
Administrative and legal processes have made slow process in trying to uproot the clear and immediate threat of illegal Arab building. These usually stand to support open violations of the law. For example, a demolition order is signed only if it is impossible to obtain a retroactive building permit – a clear incentive to break the law!
Demolition orders are signed only if the building was built on state land that was intended for public building, roads, parks or absentee property.
Demolition orders are signed only if building was completed no more than 30 days before the order was signed if people live there, and 60 days if it is empty.
The process of appeal – open to explicit criminals – turns the law into Swiss cheese.
Waging war… but against who?
Concern for the rights of unabashed criminals, instead of waging war on illegal Arab building, stands today before the government and judicial branch.
But the Israeli government enforces the law against a few dozen Jewish buildings in Hebron and around Judea and Samaria.
Yoram Ettinger is an expert in Middle East affairs and is a former consul general in New York and advisor to the Ministry of internal security
