Who Owns Israel’s Supreme Court?

When hearing in the news of yet another “settlement” slated for demolition it inaccurately conveys the message that the Supreme Court is rightfully clamping down on roaming outlaw settlers seeking to steal land away from the local Arabs and who arbitrarily decided to pitch their tents and set up an “illegal settlement.”

But, the land on which Migron was built had always been unoccupied, unfarmed land.

So let’s talk facts.

What is happening today in Migron is a microcosm of what organizations such as Peace Now is trying to do throughout Judea and Samaria. Since the Supreme Court ruled to destroy Migron, several hundred more families and buildings have been added to the destruction lists. Israel’s Supreme Court has become a tool of Peace Now.

Who was actually responsible in establishing the Jewish community of Migron 12 years ago?

Migron is a hilltop that overlooks route 60, the main road in Binyamin. Terrorists sat just off the highway in order to shoot at passing cars or at houses in the nearby Jewish communities. The Israeli government therefore, supported establishing the community of Migron to secure the road. Electricity, water, caravans − an entire infrastructure was supplied by the government. A plan was made for 500 families.

When Judea and Samaria were liberated in 1967, the State of Israel adopted the Jordanian land laws. According to these laws, the condition of land registration as privately owned is to work the land continuously over a minimum of ten years. However, if the registered land-owner does not work his land and hasn’t paid taxes on it over three years, he loses his right to the land and it reverts to the status of state-owned land.

The Ministry of Housing defined the land-owners of Migron as “the authority of governmental and abandoned property.” Since the land on which Migron was established was state land according to the adopted Jordanian laws, and since the government assisted in all phases of planning for the community of Migron, how can it be considered an “illegal outpost” by the Supreme Court?

On July 17, One Israel Fund, an organization that provides humanitarian and security assistance for the Jewish communities in Judea and Samaria, set out with a group of supporters to visit Migron: A lot from where a home in Migron once stood, its electric wires still swaying in the wind. Photo by Devora Friedman

The founders of Migron intentionally chose to avoid parcels of land that had been farmed or developed by Arabs. The Supreme Court, however, conveniently ignores the land laws. What is even more ludicrous, is that the plaintiffs in the case, spurred on by Peace Now have not been able to prove ownership.

Yet, despite our moral and legal rights, Jews have actually purchased land parcels of Migron. The supposed Arab “owners” in fact never saw themselves as owners of the land and acted as if they were receiving a gift. Well over 60% of Migron has been purchased from these dubious owners.

So, why does the Supreme Court of Israel ignore the law? Why does the Supreme Court order demolitions of “settlements” when no valid proof of ownership by the Arab plaintiffs is provided?

Who owns the Supreme Court?

The struggle for Migron represents the Jewish people’s struggle to settle throughout Judea and Samaria as well as the validity that we are returning home to the land of our forefathers.

Not far from Har HaTzofim/Mount Scopus, Migron is set against the backdrop of the Hills of Moav.

Migron is the Land of Israel.

About the Author
Author of THE GILBOA IRIS (Gefen Publishing House) and SETTLING FOR MORE: FROM JERSEY TO JUDEA (Urim Publications).