Dura al-Qara: State wishes to resume building on Palestinian land seized by military orders

The state wants to officially renew building on private Palestinian land in 40 settlements built on land seized by military orders before 1979. This came to light in the state’s response to the High Court of Justice in a petition by a Palestinian resident of the village of Dura al-Qara, submitted by Yesh Din, against the illegal construction of two buildings on the edge of Beit El, in an area seized for military purposes.

By pursuing this policy the state is renouncing the Elon Moreh ruling. The decision has momentous international consequences because it violates commitments the government of Israel made in the "road map" and at the Annapolis summit.

The state’s response to the court indicates that the political echelon intends to legalize the construction – which is on private Palestinian land – since there is nothing to preclude it from doing so in this case (according to the state's position) in order to exhaust the full building potential of Beit El and preserve the interests that led to the establishment of Beit El; furthermore, the seizure order was issued before the Elon Moreh ruling was given.

This means that in 40 existing settlements built on the basis of military seizure orders (orders issued for temporary military-security needs) where construction continued after the Elon Moreh ruling, the state's position is that exhaustion of the planning channels should be permitted. The state concedes that issuing new military seizure orders to build civilian settlements has been forbidden since the Elon Moreh ruling was issued, but maintains there is no preclusion to realizing those that were issued before the ruling for civilian construction, even if it is not military (and cannot be military).


Further information about the petition
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