West Bank outpost
Photo: Shaul Golan
Justice Arbel, '14 years?'
Photo: Sebastian Scheiber
Justice Meltzer, 'No clear guidlines'
Photo: Yaron Brenner
High Court: Why aren't laws enforced against Palestinians?
During session on Regavim movement's petition demanding explanation as to why construction laws are not enforced against illegal Palestinian structures, Supreme Court Justice Edna Arbel wonders how only three demolition orders issued in past 14 years
Supreme Court judges in a session on illegal construction in the West Bank Thursday wondered why the State fails to enforce laws against illegal construction when it comes to Palestinians building in the West Bank.
Justice Edna Arbel said it is outrageous that for 50 illegal structures, only three demolition orders were issued in the past 14 years. "From 1996 – 14 years? I think this is undoubtedly over the top," the judge said.
Justice Hanan Meltzer added, "The problem is that there are no clear and orderly guidelines on when action should be taken and when it shouldn't in order to prove that there is no distinction between populations, and then they get that feeling that actions is taken only against the Jewish residents. If this is illegal construction, what difference does it make?
A petition was filed by the Regavim movement some three months ago, in which the court was asked to order the defense minister and the Central Command chief to argue why they have not been taking the necessary measures to execute demolition orders in the Palestinian villages of as-Sawiyeh and Yatma, near the Rehalim settlement in the West Bank.
In response the State said the petition should be rejected, since the authorities in the region implement general enforcement in the Palestinian sector according to their own discretion and the relevant priorities.
The State's response further stated that since 1996, enforcement proceedings were opened in the case of 50 structures in the village of as-Sawiyeh, out of which three demolition orders were approved.
In Thursday's hearing, the Regavim organization's legal counsel Amir Fisher said there was a serious trend of illegal Palestinian construction, with nothing being done to curb it.
During the session, Judge Meltzer asked the State's representative, Attorney Hila Gorni, if the approach taken towards illegal Palestinian construction was similar to that taken against illegal construction by Jewish settlers, and whether there was a difference in priorities.
Gorni said in response that there was a difference, since Israeli construction can be done on private land. On the other hand, she said the consideration of whether Palestinian homes should be demolished due to lack of construction permits, was a less relevant consideration.
