By David Singer ——Bio and Archives--April 28, 2023
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A showdown between Israel’s Government and High Court of Justice on May 1, 2023 concerning the demolition and evacuation of an illegal Bedouin encampment – Khan al-Ahmar - is threatening to shred the implementation of the Hashemite Kingdom of Palestine solution, cause an international uproar and create a humanitarian crisis in Judea and Samaria (West Bank) and Gaza.
Three judges of the High Court of Justice on May 24, 2018 unanimously rejected a final appeal by the 200 residents of Khan al-Ahmar to demolish and evacuate its residents – finding the Government had that right “under the letter of the law”.
Two sites for their evacuation have been rejected by the residents:
Nine adjournments had been granted since 2018 until February 1st of this year when these three Judges refused to grant the newly-installed Netanyahu Government a tenth adjournment for a further four months - creating an immediate political crisis by ordering the Government to come up with a plan of evacuation by April 2, 2023 and relisting the matter for final hearing on May 1.
The Judges were oblivious apparently to the political ramifications they were causing for the Government by refusing another adjournment and demanding a timetable for demolition.
That plan of evacuation was apparently not provided by the Government to the Court by April 2.
Instead a submission has been filed in the Court by the Government arguing that only the Government should decide on the timing of any demolition – not the Court:
“The petitioners have not proven any cause which would justify court intervention in the broad discretion the political echelon has regarding the manner and timing of the implementation of the demolition orders in the [Khan al-Ahmar] compound ... the question of timing and method of implementation the [demolition] orders are influenced by wide and varied political and security considerations. As such, and bearing in mind the classified information on which these considerations are based, the position of the political echelon is that the decision regarding the question should be left in their hands...is a complex and sensitive question, the consequences of which exceed mere construction and planning laws,” and could have consequences “for Israel’s foreign relations and security.”
Up to 445,000 protestors demonstrating throughout Israel every Saturday night for the last thirteen weeks have been demanding no suggested reforms be made by the Government to the High Court’s jurisdiction to hear and determine cases brought before it.
They have now been joined by two of the demonstrators’ most-hated politicians - Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir – who both unsuccessfully argued that the Government in its submission should allow the Court to make an order for Khan al-Ahmar’s demolition on May 1 – the last thing these protestors would want to see – resulting in continuing further demonstrations to prevent.
How is this looming showdown going to be avoided?
My humble opinion: Israeli Prime Minister Netanyahu needs to confirm to the Court that one of his senior officials has been discussing implementing the Saudi-based Hashemite Kingdom of Palestine solution or alternative solutions in alleged secret back channel meetings with a senior PLO official for the last three months.
This disclosure should be sufficient for the Court to grant a further adjournment – avoiding any damaging confrontation between the Government and the Court – leaving those secret negotiations to determine the fate of Khan al-Ahmar and thousands of other illegally-built Arab structures.
What a tangled mess we weave...
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Author’s note: The cartoon — commissioned exclusively for this article — is by Yaakov Kirschen aka “Dry Bones”- one of Israel’s foremost political and social commentators — whose cartoons have graced the columns of Israeli and international media publications for decades
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David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International—an organization calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at: jordanispalestine.blogspot.com