Chief Justice Beinish
Photo: George Ginsburg
High Court: Settlement freeze legal
Judges reject settlers' petition, say there were no decision-making flaws in freeze decision
Five months after the settlement construction freeze was declared, the High Court of Justice rejected Wednesday a settlers' petition, ruling that the State was not obligated to hear their reservations over the decision.
The three-member panel, headed by Chief Justice Dorit Beinish, rejected the settlers' argument that a military commander was unauthorized to order the freeze.
The relevant army commander "is authorized and even must operate in the area under his command in a manner that is commensurate with the policy determined by the government," the court ruled.
The judges also rejected the argument that the decision-making process was flawed because the decision's victims were not given the opportunity for a hearing.
"We are dealing with a broad policy decision with general implications for the public," the judges ruled, noting that such decisions do not require further discussion prior to being taken.
The petition was submitted by the Leal Forum for the Land of Israel and local authorities in Judea and Samaria. Referring to a previous court ruling, the Forum's director, Nachi Eyal said that the petition's rejection shows that for Beinish and her colleagues, hurting the rights of geese is more important that undermining the rights of Judea and Samaria's Jewish residents.
"The High Court's decision brings the public's trust in it to a new nadir," he said.
