The Supreme Court issued a temporary injunction today halting the fencing off of a 3500-dunam site at Salfit on the West Bank intended for the expansion of the Jewish settlement of Ariel near Jenin. Local Arabs who claim to own parts of the land were given 15 days to pinpoint their claims. The government will then be required to show cause why the land should not remain open and unfenced.
The court order does not apply to work in the settlement itself. The complainants produced sworn affidavits from two members of the Sheli faction, Col. (res.) Meir Payil and Gen. (res.) Mattityahu Peled, stating that the land the government proposes to attach to Ariel has no security value nor, in fact, does the settlement itself.
Today’s ruling was the third intervention by the Supreme Court in West Bank settlement activities in recent weeks. In the first, concerning lands at Bethel, the court upheld the government’s right to seize privately owned land if it is needed for security purposes. But in the second, the court ordered a halt to the construction of the Gush Emunim settlement of Elon Moreh near Nablus until the government supplies proof that it is necessary for security. The court order today emphasized its insistence on proof of security needs.
Chief of Staff Gen. Raphael Eytan is due to submit a sworn affidavit attesting to the security value of Elon Moreh. Originally, he had submitted only a statement which was challenged by other ranking officers and was rejected by the court. The army in fact has made it clear that it does not consider any and all tracts of land on the West Bank to be of security value. State Attorney Gavriel Bach presented the army’s position to the Supreme Court Tuesday.
He argued that a 500-dunam tract seized for the settlement of Mattityahu in the Ramallah area was important for security because it is located only 12 kilometers from Ben Gurion Airport and could be used by an enemy to disrupt air traffic by rocket fire. But in the case of the Joabari hill outside Hebron, the army refuses to assert any security claim. For that reason the government rescinded its earlier orders to seize the hill for the expansion of the Orthodox township of Kiryat Arba, a Gush Emunim stronghold adjacent to Hebron.
Help ensure Jewish news remains accessible to all. Your donation to the Jewish Telegraphic Agency powers the trusted journalism that has connected Jewish communities worldwide for more than 100 years. With your help, JTA can continue to deliver vital news and insights. Donate today.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
