Identifier
Created
Classification
Origin
08JERUSALEM2043
2008-11-14 14:41:00
CONFIDENTIAL
Consulate Jerusalem
Cable title:
HIGH COURT OF JUSTICE HALTS CONSTRUCTION IN WEST
how-toVZCZCXRO1224 PP RUEHROV DE RUEHJM #2043 3191441 ZNY CCCCC ZZH P 141441Z NOV 08 FM AMCONSUL JERUSALEM TO RUEHC/SECSTATE WASHDC PRIORITY 3242 INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY RHEHNSC/WHITE HOUSE NSC PRIORITY
C O N F I D E N T I A L JERUSALEM 002043
SIPDIS
NEA FOR FRONT OFFICE. NSC FOR ABRAMS/RAMCHAND/PASCUAL
E.O. 12958: DECL: 11/14/2018
TAGS: KWBG IS PBTS PGOV
SUBJECT: HIGH COURT OF JUSTICE HALTS CONSTRUCTION IN WEST
BANK OUTPOST
Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)
C O N F I D E N T I A L JERUSALEM 002043
SIPDIS
NEA FOR FRONT OFFICE. NSC FOR ABRAMS/RAMCHAND/PASCUAL
E.O. 12958: DECL: 11/14/2018
TAGS: KWBG IS PBTS PGOV
SUBJECT: HIGH COURT OF JUSTICE HALTS CONSTRUCTION IN WEST
BANK OUTPOST
Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)
1. (C) Summary. The Israeli High Court of Justice issued a
temporary injunction on November 12 against continued
construction on 35 housing units in Jabal Artis (aka Pisgat
Yacov) outpost, north of Beit El settlement. According to
the lawyer representing the two Palestinian owners of the
land on which the outpost is built, the Court's order
represents a "daring and far-reaching" decision in favor of
Palestinian landowners and may set a precedent for other
outposts. End summary.
ISRAELI HIGH COURT ISSUES INJUNCTION
--------------
2. (C) Lawyer Dror Etkes of Yesh Din, an NGO providing legal
assistance, told PolOff November 13 that the Israeli High
Court issued a temporary injunction against further
construction on and occupation of 35 housing units in Jabal
Artis (aka Pisgat Yacov) outpost, north of Beit El
settlement. Etkes, who represents the Palestinian owners of
the land in question, said the order may have implications
for other cases, because there are hundreds of similar
removal orders pending against illegal settlements built on
private Palestinian land. He said removal orders had been
pending against the illegal Jabel Artis/Pisgat Yacov outpost
for years, but "the government was never serious about
carrying them out." Etkes said he is not sure what tipped
the Court's scales in favor of the Palestinian landowners,
but the Court rejected the settler defense that the
construction was necessary for religious reasons.
SETTLERS SCRAMBLE TO OCCUPY ILLEGAL OUTPOST HOUSING UNITS
-------------- --------------
3. (C) Etkes said the 35 housing units subject to the High
Court's injunction include five buildings and five caravans.
He said settlers began scrambling to occupy all the housing
units when Yesh Din filed an appeal two weeks ago, to deter
government enforcement of the injunction. Etkes said he
expects the GOI to claim it plans to evacuate and demolish
the housing units following this "daring and far-reaching"
High Court injunction, but is skeptical about prospects for
follow-through.
WALLES
SIPDIS
NEA FOR FRONT OFFICE. NSC FOR ABRAMS/RAMCHAND/PASCUAL
E.O. 12958: DECL: 11/14/2018
TAGS: KWBG IS PBTS PGOV
SUBJECT: HIGH COURT OF JUSTICE HALTS CONSTRUCTION IN WEST
BANK OUTPOST
Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)
1. (C) Summary. The Israeli High Court of Justice issued a
temporary injunction on November 12 against continued
construction on 35 housing units in Jabal Artis (aka Pisgat
Yacov) outpost, north of Beit El settlement. According to
the lawyer representing the two Palestinian owners of the
land on which the outpost is built, the Court's order
represents a "daring and far-reaching" decision in favor of
Palestinian landowners and may set a precedent for other
outposts. End summary.
ISRAELI HIGH COURT ISSUES INJUNCTION
--------------
2. (C) Lawyer Dror Etkes of Yesh Din, an NGO providing legal
assistance, told PolOff November 13 that the Israeli High
Court issued a temporary injunction against further
construction on and occupation of 35 housing units in Jabal
Artis (aka Pisgat Yacov) outpost, north of Beit El
settlement. Etkes, who represents the Palestinian owners of
the land in question, said the order may have implications
for other cases, because there are hundreds of similar
removal orders pending against illegal settlements built on
private Palestinian land. He said removal orders had been
pending against the illegal Jabel Artis/Pisgat Yacov outpost
for years, but "the government was never serious about
carrying them out." Etkes said he is not sure what tipped
the Court's scales in favor of the Palestinian landowners,
but the Court rejected the settler defense that the
construction was necessary for religious reasons.
SETTLERS SCRAMBLE TO OCCUPY ILLEGAL OUTPOST HOUSING UNITS
-------------- --------------
3. (C) Etkes said the 35 housing units subject to the High
Court's injunction include five buildings and five caravans.
He said settlers began scrambling to occupy all the housing
units when Yesh Din filed an appeal two weeks ago, to deter
government enforcement of the injunction. Etkes said he
expects the GOI to claim it plans to evacuate and demolish
the housing units following this "daring and far-reaching"
High Court injunction, but is skeptical about prospects for
follow-through.
WALLES