LEGAL SHOWDOWN OVER NINE OFRA HOUSES: SETTLERS SAY

C O N F I D E N T I A L JERUSALEM 001011

C O R R E C T E D C O P Y. ADDED (C) MARKING TO PARA 6.

SIPDIS

OPS PLEASE PASS TO THE SECRETARY'S PARTY; NEA FOR FRONT
OFFICE; NSC FOR ABRAMS/SINGH/PASCUAL,

E.O. 12958: DECL: 06/13/2018

TAGS: KWBG PBTS PREL PHUM IS
SUBJECT: LEGAL SHOWDOWN OVER NINE OFRA HOUSES: SETTLERS SAY
"SELF DEFENSE" JUSTIFIES SHABBAT CONSTRUCTION

Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)


1. (C) SUMMARY: Israeli NGOs have petitioned the High
Court of Justice (HCJ) to stop construction of nine homes in
the West Bank Settlement of Ofra, asserting they are on
private Palestinian land. According to the NGOs, the Civil
Administration has confirmed Palestinian land registration
and issued stop work orders. Lawyer Michael Sfard, who filed
the High Court petition, expects a ruling in favor of the
Palestinians, but questions the GOI's willingness to
implement it. POLOFF visited the site with Ofra settlers on
June 13 and observed ongoing construction. Ofra's rabbi has
ruled construction may continue on the Sabbath to accelerate
the construction timetable. END SUMMARY.

Palestinian families appeal to High Court to stop construction
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2. (C) Israeli lawyer Michael Sfard informed POLOFF on June
13 that he assisted Israeli NGOs B'Tselem and Yesh Din and
five Palestinian families from Ein Yabrud to petition the HCJ
to halt construction of nine homes in Ofra settlement. Sfard
explained that the land in question is registered to the five
families. In the interim, Sfard said the GOI is expected to
reply to the petition on June 15. Sfard said he Civil
Administration has issued "orders prohibiting continued
construction at the site" and "final demolition orders"
against the structures.



3. (C) Sfard told POLOFF that he expected the court to rule
the construction illegal saying "there is no legal way to
make it kosher," but cautioned that "the question is
implementation," Sfard called Ofra the "wild wild west" and
said "rule of law in the area is non-existent." Sfard said
he filed an urgent request on June 12 for an interim order to
prevent settlers from entering the homes, but has not
received a response. Settlers told POLOFF June 13 they
provided the HCJ with an affidavit affirming that all nine
houses are now occupied.



4. (C) In recent months B'Tselem and Yesh Din have obtained
documentation from the Civil Administration indicating that
the majority of Ofra is on private Palestinian land, and thus
have labeled it "the largest unauthorized outpost in the West
Bank" in their petition. The groups say the Civil
Administration has confirmed that Ofra has no approved town
plan. Michael Sfard said a petition against construction in
the interior area of an established settlement is
unprecedented. (NOTE: The new construction does not expand
Ofra's footprint, but fills in internal areas of the
settlement surrounded by completed housing. Ofra itself is
comprised of some 400 houses. END NOTE).

Construction continues, even on Shabbat
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5. (C) POLOFF visited Ofra (east of Ramallah) on June 13 to
investigate these reports. POLOFF toured the building site
with Ofra settler Ruchie Avital. All nine homes appeared to
be approximately 80 percent completed, with construction
crews (mostly Palestinian laborers) working furiously on a
Friday afternoon--when most workers normally have left for
weekend. Although it was not apparent, Avital told POLOFF
the homes are now occupied.


6. (C) Avital told POLOFF that Ofra's chief rabbi ruled that
construction crews may work on Saturdays (Shabbat) to
complete the project before the court ruling. Avital
stressed to POLOFF that the construction crews are non-Jewish
and said there is precedent for the ruling--in 1948 the rabbi
of Latrun (on the road between Tel Aviv and Jerusalem) ruled
even Jews could farm their land on the Sabbath to prevent
Jordanians from seizing it. The halachic (Orthodox Jewish
religious law) justification for the ruling, according to
Avital, is rooted in the Jewish right to "self defense" as
well as the exception for "life and death" situations. She
said Ofra residents are concerned about the impending legal
case. "People are upset here. Everyone's talking about it",
she added. She attributed controversy over the houses and
land to "left-wing" groups stirring up trouble by suddenly
identifying Palestinian landowners who had never spoken up
until now."



WALLES