Friday, December 4, 2015

The Levy Report - Israel’s legal grounds in Judea and Samaria


Entries in Levy Report (5)

March 14, 2014: Edmond Levy - In Memoriam

This Tuesday, former High Court Justice Edmond Levy died at age 72.
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Credit: The Yeshiva World
Levy was born in Iraq and came to Israel with his family when he was 10.  Roughly a decade after becoming a lawyer and opening a practice, he was appointed as a military judge.  Subsequently, he moved to the Kfar Saba Magistrate Court, and then to the Tel Aviv District Court.  In 2000, he was appointed to the High Court, where he remained until his 2011 retirement.
Levy had a sterling reputation for integrity and sensitivity to the common man.  He was said to be devoid of the elitist mentality that affects many on the High Court.  As a traditionally observant Jew with a right wing political orientation, he was considered an anomaly within the more leftist and secular High Court culture.  In certain circles he was revered for this orientation.  It should be noted that he was adamantly opposed to the disengagement (sic) from Gaza. 
For all of this he has earned our respect and admiration.
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When all of this is said, however, what Edmond Levy has been best known for in the last couple of years is the major report that bore his name: this is his legacy.

In January, 2012, Prime Minister Netanyahu appointed a committee to examine the status of Israeli building in Judea and Samaria. Levy headed the committee, and was joined by international lawyer and former ambassador Alan Baker and Tehiya Shapira, retired Tel Aviv District Court Judge.

Their Report - “The Status of Building in Judea and Samaria,” released on July 8, 2012 – concluded that because of both historical and legal factors, the decades-long presence of Israel in Judea and Samaria is not “belligerent occupation”; that Israel’s situation is unique (sui generis); and that Israel has the legal right to settle in Judea and Samaria. 
After two decades of Oslo thinking, which had shifted the mentality of many in the government towards the Palestinian narrative, this was a brave conclusion, long over-due and of huge importance.
We have it on good authority, that when the prime minister first received the Report, he was positive about it. But then he took the measure of the left wing opposition he was going to face, and tabled it. It was never even brought before the Ministerial Committee on Settlements for discussion.
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In the late fall of 2013, I began, with co-chair Jeff Daube, a major campaign to promote Israel’s legal grounds in Judea and Samaria (http://wehavelegalgrounds.org/). 
The Levy Report has been a key part of the documentation we are using in the campaign.  Thus am I keenly aware of Edmond Levy’s efforts: I feel a special appreciation for his contribution and believe that the nation owes him a debt of gratitude.
There is talk in many quarters now about renewed efforts to promote the adoption of the Levy Report.  I think that would be the very finest way to honor his memory, while serving Israel at the same time.
May Edmond Levy’s family be comforted among the mourners of Zion and Jerusalem, and may his memory be for a blessing.
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© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution.

If it is reproduced and emphasis is added, the fact that it has been added must be noted.
Posted on Friday, March 14, 2014 at 04:02AM by Registered CommenterArlene in CommentsPost a Comment EmailEmail | PrintPrint

January 26, 2014: Legal Grounds

These are the legal grounds Israel has in Judea and Samaria – charges by the international community not withstanding.  It is what I - and my co-chair on this effort, Jeff Daube, head of the Israel office of ZOA – are working on ever diligently with regard to the Levy Report and associated documentation.

I am eager to share the URL for our website (which is up, looking splendid, but still a work in progress): http://thelevyreport.org .  Please, see it and share it!

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I see what’s coming down the road in all likelihood (some of you have already heard this from me):

Just days ago, the EU ambassador to Israel declared that if the “peace talks” fail because of the settlements (which means the PA declares it cannot go on because of the settlements), then, “Naturally…the blame will be put squarely on Israel’s doorstep.”

Oh...naturally...

This feels like a carefully orchestrated plan to put the onus on Israel, with the PA then marching to international organizations and agencies for support.  It will not do for Israel to make claims about rights in Judea and Samaria at that point. This position has to be in place prior to that. It is not enough to say, “Well, we cannot go back to the 1967 line for security reasons.”  It absolutely MUST be said that we have legal grounds in Judea and Samaria. And said now.

This is what our campaign is about, at its core: Defending Israel’s legal rights to the land.
  
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I wrote recently about the African migrant problem here in Jerusalem.  After I had done so, I came across an article on the subject – “The week of the economic migrant” by Ben Caspit that was so powerful that I want to return to the issue just briefly, to share some of his thoughts (emphasis added):

When refugees flee their homelands, they bring their wives and children along with them. Ninety percent of the infiltrators here in Israel are men. The women are also starting to trickle in, bit by bit, but in very small numbers.
”We’re talking about men between the ages of 24-45 – the working years.
All of the African migrants I’ve spoken with have openly admitted to me that they came here to work, to improve their lives. Real refugees flee from their homeland and request refugee status as quickly as they can in a neighboring country. These people, though, have passed through four or five countries on their way here, since the nearest country wasn’t good enough.

“...What we are doing now is transferring some of them to the Hulot facility, a center with amazing living conditions. You can go take a look yourself. The facility was originally built for the IDF (which was furious when it was expropriated).
The migrants can take classes, get three square meals a day and even have full access to health services. It’s a full-service center.
”In the rest of the world, when refugees reach a neighboring country in a desperate attempt to save their lives, they are housed in refugee camps. Take a second to research this. Syrian refugees live in tin structures and tents in such camps. That’s how refugees all over the world live. If Hulot were actually a refugee camp, it would be the fanciest one in the world.
But no, our refugees want to live in Tel Aviv.
Because that’s where they can find work. And by the way, all of them are working. We noticed that this week, too.

“The migrant workers’ campaign we witnessed last week scares me. It is based on naïveté mixed with lies and a twisted reality. It was organized by human rights organizations, many of which are led by Israelis – Israeli anarchists.
”The old leaders of the infiltrators disappeared overnight, and new ones took their place. They are being briefed and handed ready-made signs. Buses are being reserved for them and they are being spoon-fed slogans.
They are acting in a disciplined manner and are not violent. At least up until now they haven’t been.
”They’re saving the violence for the nighttime in Tel Aviv; there aren’t any cameras there. In Tel Aviv, thousands of weak Israelis have been left to fend for themselves: old people, the disabled, Holocaust survivors, the housebound, people who’ve had their whole lives taken from them, not to mention their belongings.
”People who are too scared to go downstairs to the corner market for fear of being mugged...”

There’s more.  Read it all. You’ll learn about Israel’s liberal policies regarding infiltrators as compared to policies of other nations.

http://www.jpost.com/Opinion/Op-Ed-Contributors/The-week-of-the-economic-migrant-338067

And keep this to refer to, and share, when you read about how horrible Israel is to the refugees.

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I am picking up from several quarters heightened concern about al-Qaeda activity.  (Please understand, this is the same al-Qaeda that Obama declared was on the run.)

Last Wednesday, the Shin Bet released information about “an al-Qaeda plot, directed from the Gaza Strip, to carry out mega terror attacks in Israel against both US and Israeli targets,”  Those targets – to be hit via twin suicide attacks - were the US Embassy in Tel Aviv and Binyanei Ha'uma – the Jerusalem Convention Center.

Reportedly initiated on the direct orders of al-Qaeda head Ayman al-Zawahiri, the plot involved an Arab resident of east Jerusalem, who was to be sent to Syria for training, and a Gaza-based al-Qaeda operative, as the point man for the attacks.  Two other recruits were also involved, one from a Jerusalem neighborhood; contacts were made via Skype and Facebook.

The fact that the point man was allowed to operate freely from Gaza indicates to the Shin Bet that “Hamas allows Salafists to carry out terror attacks as long as they are not targeting them.”

Three men have been arrested, but the Gaza-based operative is still at large.

It has also become increasingly clear, the security organization said, that the civil war in Syria, a magnet for terror operatives throughout the Middle East, has deepened the roots of al-Qaeda and other like-minded organizations in the region.
Those organizations, the Shin Bet said, are striving to link up with willing Palestinians in the West Bank and East Jerusalem in order to strike Israel and Western targets.
“...Yoram Schweitzer and Aviv Oreg, two fellows at the Institute for National Security Studies in Tel Aviv, recently wrote that al-Qaeda head al-Zawahiri’s frequently articulated plans are for extremist Muslims to gather in Syrian territory and, after toppling Assad, to use their perch there as ‘a training pad for jihad operations against Israel.’”
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As to Syria being a magnet for terror operatives, a senior Israeli intelligence official, speaking on condition of anonymity, has alleged that there are now “more than 30,000 al-Qaida linked fighters are active in Syria, a huge increase over previous Western estimates.”  (Emphasis added)
This situation, warned the official, is causing Israel to have to re-evaluate its policy with regard to the Syrian civil war:
“He claimed that the Islamic rebel groups in Syria currently focused on toppling Assad intend to turn their sites on Israel after dispatching the Syrian government.
"’After Assad and after establishing or strengthening their foothold in Syria they are going to move and deflect their effort and attack Israel,’ he told The Associated Press.
“...With the absence of any potential ally and any hope that a good resolution could come from the fighting, Israeli conventional wisdom has held that it was better off with it continuing and having the rival forces stay busy butchering each other rather than noticing Israel.
“But that may not be the case anymore. ‘The longer the war in Syria continues, the more jihadists and radicals are coming to this territory,’ the official said.”
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On the very same day that the al-Qaeda plot was announced, two Palestinian Arab residents of Hevron were arrested for storing a cache of weapons in their home.  We’re talking about an Uzi submachine gun, an M-16 assault rifle, a carbine rifle, hand guns and some 8,000 bullets.  It is believed that these weapons were being held for terrorist attacks.
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A marvelous follow-up story:
I wrote last week that when Canadian Prime Minister Harper was speaking at the Knesset, there was an outburst from two Arab MKs, who subsequently stormed out, angry about Harper’s praise for Israel.
One of those MKs was Ahmed Tibi, who claimed that the village, Arara, where MK Taleb Abu Arar lives, has “no water and no electricity” unlike what might be found in Syria. 
Members of the NGO Regavim, which fights for Jewish land rights in Israel, decided to visit that village.  See the Regavim website-https://regavim.org.il/en/ - and scroll down to “Another lie uncovered by Regavim,” click on it and you’ll find a video of the Tibi outburst and the visit to the village, with English subtitles. As you might well imagine, signs of electricity and more were quite apparent. Delightful.
A signal lesson here: Do not believe what the Arabs say.  They have no shame whatsoever with regard to telling blatant lies to suit their purposes. Obviously, it never occurred to Tibi that anyone would check.  We have to expose them a whole lot more often.
PM Netanyahu, in his remarks following Tibi’s outburst, commented that he never sees any Arabs would want to leave Israel (to go, for example, to Syria), and he understands this. Laughter. It is very true: They carry on about Israel’s treatment, but never take themselves elsewhere. Israeli Arabs have far, far better treatment - with full civil and human rights, and all perks of citizenship where it applies – than they would receive in any other country in the Middle East.
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© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution.

If it is reproduced and emphasis is added, the fact that it has been added must be noted.

Posted on Sunday, January 26, 2014 at 04:14PM by Registered CommenterArlene in , CommentsPost a Comment EmailEmail | PrintPrint

December 19, 2013: Levy Campaign Participation

My readers already understand that the Campaign to promote the Levy Report has gotten underway here in Israel, and that it's a major task.

We will be launching a website very soon, and have just put up our FaceBook page:
https://www.facebook.com/TheLevyReport
If you are FaceBook savvy, I ask, please, that you like this page and share it.  Get your friends involved and ask them to do the same.
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The FaceBook project is a key part of the campaign.  It not only broadcasts the issue, it serves as a vehicle for communicating with MKs regarding the importance of their participation.  You will be hearing more about this.
But for now. please begin with putting out the word.  We are looking for thousands of "likes."
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The Levy Report was written by a three person committee headed by Justice Edmund Levy; the committee was mandated by Prime Minister Netanyahu with determining the status of building in Judea and Samaria.  The Report was released in July 2012 after a year of extensive research based on law and history:
It concluded that Israel's situation is unique, that Israel is not an occupier in Judea and Samaria, and that the "settlements" are not illegal.  Nor, says the Report, do the Geneva Conventions apply to Israel's situation.
Prime Minister Netanyahu accepted the Report and then, because of pressures, shelved it without even so much as a committee discussion.
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Meanwhile, Obama continues to call the communities in Judea and Samaria "illegitimate" and an "obstacle to peace" and Mahmoud Abbas of the PLO continues to promote the lie that Israel must move back behind a non-existent "1967 border."  That alleged border was only a temporary armistice line, and yet the world believes him because the Israeli government is not dynamically refuting him.
We need that Levy Report.  The situation is not going to get better, it will only get worse.  The fact of negotiations, which is most regrettable in any event, is no reason to refrain from promoting the Report. If there must be negotiations, let Israel at least state her rights and negotiate from strength. 
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I cite here two recent examples of the sort of thing that occurs regularly, which makes the Report so necessary:
Earlier in December, the American Studies Association (ASA), a Washington DC based group counting some 5,000 members devoted to the interdisciplinary study of American culture and history, voted to boycott Israeli academic institutions.
The vote was passed unanimously by the association's national council, which voiced protest over “the Israeli occupation of Palestine and the expansion of illegal settlements and the Wall in violation of international law..."
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And then, even more outrageous, and outraging:
"Senior European Union members warned Israel Monday that it will be held responsible for the failure of peace talks with the Palestinians if it announces the construction of new settlement housing...
"The ambassadors expressed their concerns that Israel would announce plans for more settlement construction in the West Bank after releasing Palestinian prisoners at the end of the month, in keeping with its commitment to the Palestinian Authority, something Israel did after the previous two rounds of prisoner releases earlier this year.
“'New announcements of settlement activity after the third round of prisoner releases at the end of the month might be a fatal blow for the peace process,' the ambassadors said.
"The stern warning by the major EU powers was coordinated with US Secretary of State John Kerry, who has played an integral part in negotiations between Israel and the Palestinians over the past few months."
"Settlements" are here, again, considered "illegitimate" and the "stumbling block to peace."  Israel - which had not committed to a building freeze when entering the negotiations -  is accorded no right to build by the EU. 
Not that Israel needs the EU to accord her the right. But it's high time Israel claimed that right unequivocally.
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What's outrageous here, of course, transcends even the issue of Israel's right to build: The EU - while saying not a word about PA incitement - is inviting the PLO to quit negotiations and blame Israel.  
The anti-Israel stance of the EU is broadly recognized.  But why make it easier for this group to attack Israel utilizing distorted perspectives?
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Regavim has put out the following press conference in response to the withdrawal of former minister Benny Begin in involvement in the Prawer plan for Bedouin land allocations:
"Former Minister Begin’s decision to resign, must be seized by the government as an opportunity to change the Begin plan and make it an improved and more just solution for all citizens of Israel, especially the Bedouins in the Negev.
"We call upon the elected officials of the State of Israel not to cower in the face of extreme pressure of a tiny but violent minority, here in Israel, using the delegitimization of Israel internationally, as a tool to harm the State and distort the discussion.
"The land of Israel is the most important and scarce resource of the State of Israel and we have to treat that dear resource responsibly.
"We have to grab this opportunity and place in the law the necessary amendments in order to deal with the real needs of the Bedouin population and not only serve a small minority of Bedouin with land claims.
"The violence and the threats of the Arab MKs and a small minority of Bedouin against this unprecedented and extremely generous plan of former Minister Begin, proves once again that giving free gifts, sends a message of weakness and enlarges their appetite.
"We call upon the Ministers and Members of Knesset not to discard 7 years invested in finding a just solution and return to the principles as laid out by the Goldberg commission and original Prawer legislation, to continue in the quest to put forward a suitable law that will organize Bedouin settlement in the Negev." 
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Elie Wiesel - Holocaust survivor, author, Nobel Peace Laureate, and human rights activist - placed a full page ad in the NYTimes yesterday and the same ad in the Wall Street Journal today. Paid for by philanthropist Michael Steinhardt, it was co-sponsored by Rabbi Shmuley Boteach.
 
Credit: NYTimes
Writes Wiesel:
"...should the civilized nations of the world trust a regime whose supreme leader said yet again last month that Israel is ‘doomed to annihilation,’ and referred to my fellow Jewish Zionists as ‘rabid dogs?’"
We must "appeal to President Obama and Congress to demand, as a condition of continued talks, the total dismantling of Iran’s nuclear infrastructure and the regime’s public and complete repudiation of all genocidal intent against Israel. And I appeal to the leaders of the United States Senate to go forward with their vote to strengthen sanctions against Iran until these conditions have been met."
You can find the full text of the ad below.  Please share it and refer to it:
Bravo on this!  May he have an impact that causes a ripple effect of ever-broadening protest on Iran.
There will be much more to follow on the subject soon.
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© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution.

If it is reproduced and emphasis is added, the fact that it has been added must be noted.

Posted on Friday, December 20, 2013 at 03:21AM by Registered CommenterArlene in , CommentsPost a Comment EmailEmail | PrintPrint

November 27, 2013: Giving Thanks

Tonight begins Chanukah, which marks two events. 
The victory of the Maccabees over Hellenistic forces that were destroying Judaism. 
And the miracle of the oil in the rededicated Temple that lasted for eight days when it should have been enough for only one day. Thus the lighting of candles for eight days and the use of oil in cooking foods, such as sufganiyot (donuts) here in Israel.
Over the past few days, I’ve gone to four different stores in an attempt to find Hanukkah candles. When I ask about the candles, the clerks look at me like I’ve lost my mind and try to show me other candles I might like to buy. It’s not that they don’t know what Hanukkah is or that candles are involved in it. It’s that their vision of Hanukkah is just Jewish Christmas … so I’m asking them for candles about a month too soon. Except that, this year, Hanukkah begins next week and I need some candles. All of these stores are going to stock their shelves with Hanukkah candles in mid-December and they’re going to be perplexed that no one’s buying them. And then they’re going to order fewer boxes of candles for 2014, assuming that the Jewish community has either left town en masse, has given up on Hanukkah, or is shopping at a different store.
Credit: Kohenari
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When we light the candles we say that they are for remembering the miracles and the wondrous victories that were ours in those days, for which we are to be thankful.
Indeed, but miracles and victories are with us always, and always there are reasons for giving thanks.
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MK David Rotem, of the Yisrael Beitenu party, is Chair of the Constitution, Law and Justice Committee. 
David Rotem
Credit:  Ariel Jerozolimski/JPost
He has now announced that there will be a hearing in that Committee on the Levy Report, which provides the legal basis for Israel's rights in Judea and Samaria.  The Commission had determined, after extensive legal research, that Israeli building in Judea and Samaria is not illegal, that Israel is not an "occupier," and that the Geneva Convention does not apply to those Israelis living in Judea and Samaria.
Rotem's announcement came after a year in which nothing was said in the Knesset about the Levy Report.  The date of the hearing has yet to be announced, but it will be soon.
The JPost carried a story about this today:
And it included this quote by Rotem:
"It’s our duty to ensure that Justice Levy’s report is adopted by the government.”
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The theme of thanks, of course, has an additional meaning this year, for tomorrow, the first day of Chanukah, is also Thanksgiving.
And so I say Chanukah Sameach, and Happy Thanksgiving, and end will a lovely little video of the Chanukah classic Ma'oz Tzur:
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© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution. 
If it is reproduced and emphasis is added, the fact that it has been added must be noted.


Posted on Wednesday, November 27, 2013 at 05:49PM by Registered CommenterArlenein  CommentsPost a Comment EmailEmail | PrintPrint

October 28, 2013: A Levy Report Campaign!

Just yesterday plans were finalized for launching the first stage of a major effort aimed at securing the acceptance of the Levy Report.

You will find an article about it here:

http://frontpagemag.com/2013/arlene-kushner/restoring-israels-rights-the-levy-report/

But I want to take the time in this posting to provide a bit of background and explain what the report is and why it is important.

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The Jewish claim to the land of Israel -- certainly including all of Jerusalem and Judea and Samaria -- is solid.  It is predicated first on our ancient history in the land.  Jews are, in fact, the indigenous people here, having maintained a continuous presence for almost 4,000 years.  Our ancient heritage actually can be found not in western Israel, but in eastern Jerusalem and Judea and Samaria.

In addition to heritage, there is solid legal precedent for our claim to the land -- via the San Remo Conference, the Mandate for Palestine, and more.

For at least 20 years, however, there has been a concentrated delegitimization campaign waged by the Palestinian Arabs and their supporters that attempts to discredit our rights to the land.
The perception that Jewish rights to the land have been diminished has been fueled by Palestinian Arab leader Mahmoud Abbas and his cohorts, who – in insisting ad nauseum that Israel’s proper place is behind the “1967 border” – reveal themselves to be major advocates of the dictum that, “If you tell a lie big enough and keep repeating it, people will eventually come to believe it.”
Of course this business of a “1967 border” is a lie: there was no border established to Israel’s east after the War of Independence ended in 1949, only a temporary armistice line.  The armistice agreement was not even with a “Palestinian people,” but with Jordan.  Nor did Security Council Resolution 242 require Israel to pull back fully from Judea and Samaria, which was secured defensively during the Six-Day War in 1967.
But why bother with facts when a myth more favorable to the political interests of the Palestinian Arabs can be successfully generated?  Today, a good part of the world believes that Judea and Samaria consist of “Palestinian land,” which Israel must “return.”  The president of the United States speaks in such terms.  Jewish communities in Judea and Samaria, called “settlements” (pejoratively), are referred to either as “illegitimate” or “illegal,” and the stumbling block to peace. Eastern Jerusalem, today part of the united capital of Jerusalem under full Israeli sovereignty, is called “Arab Jerusalem.”
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This Palestinian Arab myth could not have been successfully generated had successive Israeli governments self-confidently and persistently presented truths to counter the lies. Regrettably, since Oslo, this has rarely been the case. While no Israeli government has ever declared Judea, Samaria and the eastern part of Jerusalem to be “Palestinian land,” some have skirted close to embracing this position by behaving “as if.”  Some Israeli leaders to the left have swallowed the notion in its essence, speaking in terms of what the Israelis owe the “Palestinians.”  Some others are ideologically opposed to any such concept but timid about bucking a position that is politically correct internationally.
In other places you may read about the "competing" Israeli and Palestinian Arab "narratives" concerning the land.  You will not hear that from me.  There are not two "narratives" of equal weight that are simply a matter of perspective. There is the truth about the situation, and there is the invented narrative -- the deliberate lie crafted for malign political purposes.  Regrettably, many of our own leaders have not spoken the truth boldly enough for some time now.
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Prime Minister Netanyahu is not ideologically committed to a "Palestinian state." His problem, rather, is that he is timid before the international community.  He prefers to "play the game," believing -- mistakenly -- that in doing so he will lessen the pressure on Israel and accrue favor for Israel in the international community.
In January, 2012, Netanyahu appointed a committee – popularly referred to as the Levy Committee – to examine the status of Israeli building in Judea and Samaria. Edmund Levy, former Justice of the High Court, headed the committee; its other members were Alan Baker, international lawyer and former adviser for the Foreign Ministry, and Tehiya Shapira, retired Tel Aviv District Court Judge.
The Committee’s Report, which was released on July 8, 2012, is 90 pages long in the original Hebrew.  (Only summaries exist in English.)  It consists of both conclusions and recommendations and provides legal arguments and research.
The accusations currently being leveled by the international community against Israel as a violator of “international law” because of building in Judea and Samaria are countered by the Levy Report conclusions.  That is, because of both historical and legal factors, the decades-long presence of Israel in Judea and Samaria is not “belligerent occupation.” Israel’s situation is unique (sui generis) and Israel has the legal right to settle in Judea and Samaria.
The Report then offers a number of important recommendations, consistent with the conclu­sions, regarding adjustments in Israeli policies and practices in Judea and Samaria. These recommendations would clarify the rights of Israeli citizens living in Judea and Samaria, who currently find themselves at a serious disadvantage: The Israeli legal system default there favors Arabs.
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I have it from an impeccable source that when Prime Minister Netanyahu first saw the Report, he declared, “Ah, this is just what we need.”
But information about the report was leaked, and Netanyahu, confronting the international furor that would result from its official adoption, did an about-face.  The Report, which was to be referred to the Ministerial Committee on Settlements for discussion, was tabled. To this day, it sits in a drawer somewhere, effectively never having seen the light of day.
And so, the Levy Report disappeared from the radar screen of public awareness.  But it was not forgotten by Israeli activists and politicians with a nationalist orientation, who understood its enormous importance.
In the fall of 2012, a small group of seasoned activists (including yours truly) formed an ad hoc committee to pursue plans for securing the adoption of the Report by the government. International lawyers and politicians were consulted, the political climate was assessed and assessed again; and plans for a campaign evolved through several permutations.  Persons and organizations of prominence who would lend their names to the campaign were sought.  Additionally, and necessarily, backers to provide funds were secured.
As the plans for the campaign have coalesced over the last few months, the Campaign Committee has become convinced that the timing is right.
This is, first, because of the farcical “negotiations” with the Palestinian Authority.  If there are going to be such negotiations (certainly not advocated by the Campaign Committee) it is important that Israel negotiate from strength, and this means stating Israeli rights without equivocation. There is scant time to delay on this. It’s one thing to concede that Israel “must” withdraw from at least part of Judea and Samaria, because this is “owed” to the Palestinian Arabs, and quite another to say that it is Israeli land by right and any concessions to the Palestinian Arabs would be a matter of choice and discretion.
Then there has been an encouraging shift within the government, with a greater number of ministers and deputies who are nationalist or who tend to be opposed to the notion of a Palestinian state, such as: Moshe Ya’alon; Naftali Bennett; Danny Danon; Yisrael Katz; Tzipi Hotovely; Ze’ev Elkin; Uzi Landau; Yair Shamir; and Uri Ariel. Add to this list Yuli Edelstein, Speaker of the Knesset.
Lastly, there is Prime Minister Netanyahu’s second Bar Ilan speech of October 6. Instead of speaking of a “two state solution,” as he had previously, he emphasized Jewish rights in the land.  A change of tone that many consider significant.
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And now, at long last, the Levy Report Campaign is kicking off.
The Campaign Committee is operating with the assistance of Regavim, a fine Israeli organization that works “to ensure responsible, legal & accountable use of Israel’s national lands and the return of the rule of law to all…aspects of the land.”  (See http://regavim.org.il/en
The campaign is envisioned in two stages – first within the Knesset and then more broadly within the public domain.
It is so new that neither a name nor a logo are yet in place.  But the services of the educator who will work with the members of the Knesset have been secured.  There will be major social media aspects to this effort, as well as organizational work done within the Knesset – in large part by Knesset members themselves – to generate significant and sustained support for the Report.  Already, members of the Knesset approached informally have expressed considerable enthusiasm.

The goal of the campaign, of course, remains acceptance of the Levy Report by the government. Right now a process is being set in place that will take time to unfold, step-by-step.  It would be foolish and unrealistic to anticipate immediate acceptance.  First the climate must be created.
The Campaign Committee believes this effort will provide support for the prime minister, so that he is bolstered from within the nation – and thus better able to resist outside pressures.  As well, the campaign should, in time, shift public perceptions regarding Israel’s rights.
As the campaign progresses, I will, of course, follow through with additional information.
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A word about sovereignty.  The committee is certainly not ideologically opposed, but is not promoting this -- and takes no position on the specific form it might take --  because in our opinion it is premature. There will be no serious action towards sovereignty -- either over Area C or all of Judea and Samaria -- until the government of Israel first declares our RIGHT TO THE LAND, and there is broad public understanding of that right.  This is what the Levy Report is about.  It is a vehicle for changing the paradigm of thinking.  We believe it lays the necessary ideological/legal groundwork for what will follow.
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Readers, please note that we are seeking support in two respects.  First, we have a coalition of organizations that are supporting our venture in principle.  If you are associated with an organization that would like its name added, or would like information to that end, please contact me.
And then, while sufficient funds were raised to kick this off, additional money is required for an aspect of the campaign that has been added since the budget was drafted.  If you are interested in more details and think you might be able to help, please! do contact me.
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© Arlene Kushner. This material is produced by Arlene Kushner, functioning as an independent journalist. Permission is granted for it to be reproduced only with proper attribution.

If it is reproduced and emphasis is added, the fact that it has been added must be noted.

Posted on Thursday, October 31, 2013 at 02:32PM by Registered CommenterArlene in


We have Legal Grounds

Welcome

For too many years now, Israel’s true situation has been buried under an avalanche of lies to which there has not been sufficient response.  Many people have very mistaken ideas about Israel’s legal rights in Judea and Samaria.



We are working to change this.

"The Jewish People has a natural, historical and legal right to its homeland and to its eternal capital, Jerusalem."
- From the preface to Resolution 5251 of the Israeli Cabinet, December 2012.

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The Campaign for Israel’s Legal Grounds
The fact that Israel has solid legal grounds in Judea, Samaria and eastern Jerusalem is at the core of our campaign. Our goal is to promote a change in the current situation so that the government

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The Levy Report – What Is It?
In January, 2012, Israeli Prime Minister Binyamin Netanyahu appointed a committee to examine the status of Israeli building in Judea and Samaria. Edmund Levy, former Justice of the High Court, headed…

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Why Is It Important to Accept the Levy Report?
The Report provides Israel with a legal vehicle for asserting her rights in Judea and Samaria. For too many years now, Israel’s true situation has been buried under an avalanche of lies to which…

Read more
Answering the Need
We see again and again what happens when the international community is ignorant about Israel’s rights.We are challenged and energized by this: The record must be set straight.

Read more

12 comments:


  1. “The Jewish People has a natural, historical and legal right to its homeland and to its eternal capital, Jerusalem.”

    – From the preface to Resolution 5251 of the Israeli Cabinet, December 2012

    Cabinet Resolution 5251 was passed by the Cabinet in as a statement countering the November 29, 2012 UN General Assembly resolution 67/19 passed ‒ in response to a petition by the UN representative from “Palestine”‒ that upgraded “Palestine” to “non-member observer status.”

    That is, it was a defensive or responsive measure, not simply a statement of pride in Israel’s rights or an expression of what those rights are.

    Who knows about this statement, even inside of Israel? Is it drawn on in broader contexts?

    We want people to be aware that this statement of rights was passed. We believe that this is precisely the sort of message the Israeli government must be delivering day in and day out, for all the world to hear.

    And this ties directly to the Campaign you will read about here.

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  2. The Campaign for Israel’s Legal Grounds

    The fact that Israel has solid legal grounds in Judea, Samaria and eastern Jerusalem is at the core of our campaign.

    Our goal is to promote a change in the current situation so that the government of Israel speaks in one voice, providing consistent messages to the Israeli public and the international community about those legal grounds – and then follows by adjusting policies so that they reflect those rights.

    Israel has been timid about doing this for too long, and the messages received by the Israeli electorate and the international community remain confused. A poll indicates that many Israelis don’t even understand what Israel’s legal grounds are. This entire situation weakens Israel critically. Israel is forever responding defensively instead of coming forth assertively.

    We are currently working within the Knesset, encouraging members of the Knesset to take a stand on the issue of Israel’s legal rights by making appropriate statements and otherwise working with our campaign. We do hope to follow this work with outreach to the larger Israeli community.

    The Legal Grounds

    The irrefutable evidence for Israel’s legal rights in Judea, Samaria and eastern Jerusalem is vast and broad-based.

    There is historical evidence, including the fact of an unbroken Jewish presence in the land for 3,500 years, well documented via archeology. Jews are the indigenous people in Israel.

    There are decisions and documents grounded in international law, such as the Mandate for Palestine and certain United Nations Security Council Decisions.

    There are court findings and assessments by lawyers and academics who are experts in international law and Israeli law. The question of a nation’s right to retain land secured in a defensive war has been examined.

    A great deal of writing has been done, as well, to refute the fallacious charges that Israel is an “occupier” in Judea and Samaria, and Jerusalem beyond the Green Line, and that the Fourth Geneva Convention applies to Israel’s situation. Additionally, there has been consideration of the inequitable standards applied to Israel as compared to the standards by which the other nations of the world are judged.

    On this website we provide a cross-section of writings and statements that apply to the various issues. You can find material under “Relevant Articles” here.

    The Levy Report

    Our campaign for promoting Israel’s legal rights has drawn heavily on the Levy Report.

    The Report is not an original work that forges new concepts, but rather a broad assessment by three legal experts – including a former Justice of the High Court and a lawyer with expertise in international law – of existing data and documentation, as carefully considered over a period of intensive research. The conclusions it draws are of considerable value to our campaign because it pulls together the evidence and provides one document that can be effectively utilized and promoted. What is more, it provides recommendations based on its conclusions that are valuable as the fight for the legal rights of Israeli citizens living in Judea and Samaria is fought.

    In the end, it is not the Report itself as a document that is important so much as the principles it espouses.

    We do not believe it is necessary to secure official adoption by the government of the Levy Report at this point. What we are seeking is unofficial acceptance of its findings and principles.

    You will find a good deal of information about the Levy Report on this website.

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  3. The Levy Report – What Is It?

    In January, 2012, Israeli Prime Minister Binyamin Netanyahu appointed a committee to examine the status of Israeli building in Judea and Samaria. Edmund Levy, former Justice of the High Court, headed the committee; its other members were Alan Baker, international lawyer and former adviser for the Foreign Ministry, and Tehiya Shapira, retired Tel Aviv District Court Judge. Their Report “The Status of Building in Judea and Samaria” – was released on July 8, 2012.

    It: Provides basic legal conclusions. Because of both historical and legal factors, the decades-long presence of Israel in Judea and Samaria is not “belligerent occupation.” Israel’s situation is unique (sui generis) and Israel has the legal right to settle in Judea and Samaria. The accusations currently being leveled by the international community against Israel as a violator of “international law” because of plans to build in eastern Jerusalem and Judea and Samaria are countered by the Levy Report conclusions. Offers a number of important recommendations, consistent with the conclu­sions, regarding adjustments in Israeli policies and practices in Judea and Samaria.

    These recommendations would clarify the rights of Israeli citizens living in Judea and Samaria, who currently find themselves at a serious disadvantage when conducting land transactions in Judea and Samaria: It cannot be overemphasized: The Israeli legal system default in Judea and Samaria favors Arabs claims in land transactions. [Note: in time we can add specific examples of legal situations that the recommendations address. We don’t have to have this the moment the website is up.] When the prime minister was presented with the 90-page Report, which includes legal arguments, he declared, according to one impeccable source, “This is just what we need!” But then contents of the Report were leaked, and the prime minister began to understand the political opposition it might face. He tabled the Report, which has never even been brought before the Ministerial Committee on Settlements for discussion. The full text in Hebrew was briefly on the prime minister’s website, but was removed.

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  4. Why Is It Important to Accept the Levy Report as Policy?

    The Report provides Israel with a legal vehicle for asserting her rights in Judea and Samaria.

    For too many years now, Israel’s true situation has been buried under an avalanche of lies to which there has not been sufficient response. A large part of the international community and even some Israelis on the left have very mistaken ideas about Israel’s legal rights in Judea and Samaria.

    —Public Advocacy

    Advocates for Israel who work to defend Israel against those who make claims of Israeli occupation in Judea and Samaria and the illegality of Israel’s position require a solid legal foundation for making effective counter-arguments.

    —Negotiations

    While the PA makes continual assertions about the “1967 border” – which does not exist – and “occupation,” and “Palestinian land,” the Israel government tends to talk in terms of security, ignoring the question of rights.

    This is simply not an acceptable situation. Israel must assert her rights with strength. The conclusions of the Levy Report can provide the government with a strong negotiating position and protect Israel from making concessions that should not be made.

    Heritage and National Legitimacy

    The areas to which Jews are told they have no rightful claim are actually at the heart of the ancient history of the Jews in their land: This is true with regard to the Temple Mount and Kotel; Hebron, where the Tomb of the Patriarchs stands; Shilo, where the Tabernacle stood; and many other sites.

    No self-respecting people sacrifices its own heritage. To surrender this heritage – which is at the heart of the Jewish connection to the land – is to weaken Jewish legitimacy everywhere in Israel.

    —Legal Position

    It is only a matter of time before Israel confronts challenges to her rights in Judea and Samaria in various international political and legal forums. It is imperative that a strong and appropriate legal position be established on the record now.

    —Civil rights

    While the world worries about civil rights for others, civil rights for Jews are often shunted aside. It is vital that the rights of Jews be acknowledged. There is a strong legal basis for Jewish rights in Judea and Samaria that must not be surrendered.

    On the All-important Issue of Sovereignty

    The Report makes no mention of applying sovereignty to Judea and Samaria because annexation is a political decision, and the Report addresses legal and historical grounds only.

    However, it cannot be overemphasized: the recognition of Israel’s legal and historical rights to the land is a necessary precursor to establishment of sovereignty. It is essential to establish a foundation upon which political action in the future can be based.

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  5. Answering the Need

    We see again and again what happens when the international community is ignorant about Israel’s rights.We are challenged and energized by this: The record must be set straight.

    Join with us in combating these misrepresentations.

    On March 27, 2014, a delegation of Belgian parliamentarians visited Judea and Samaria. During the visit, delegation head Senator Anke Vandermeersch noted that she was “surprised to see how different the reality here is compared to what we are shown by the European media.”
    Israel Hayom: Belgian lawmakers visit Judea and Samaria

    On February 17, 2014, Boycott, Divestment, and Sanctions South Africa put out a call for people to join the 10 annual Israeli Apartheid Week, March 10 – 16:
    “IAW is an annual international series of events (including rallies, lectures, cultural performances, music shows, films and workshops) that seek to raise awareness of Israel’s apartheid policies against the indigenous Palestinians and garner support for the Boycott, Divestment, and Sanctions (BDS) against Israel campaign which is aimed to bring an end to Israel’s apartheid policies and violations of international law.”

    On January 22, 2014, Lars Faaborg-Andersen, the EU ambassador to Israel, declared that if the peace talks fail, “Naturally, the blame will be put squarely on Israel’s doorstep.” He explained that it would be “logical” to assume that the failure was the result of “settlement activity.”
    On January 13, 2014, a report was released by Payvand News regarding boycotts in the Netherlands:
    “The Netherlands has seen a number of its companies terminate cooperation with Israeli companies over Israel’s ongoing occupation. The latest is PGGM, the largest Dutch pension management fund. PGGM made the decision to divest all its funds from Israel’s five largest banks because all of them are involved in some way in the settlements…the Netherlands government is creating an atmosphere which encourages boycotts and divestment from Israel.

    “PGGM’s decision is the latest in a series of Dutch businesses cutting ties with any Israeli venture that is connected to the settlements. Last month, a Dutch water company cut ties with Israel’s national water company, Mekorot, because of its operations in the settlements. In September, a major Dutch engineering firm canceled a contract to work on a sewage treatment plant because the project was located in East Jerusalem, beyond the Green Line (the border of Israel before it captured the West Bank in 1967). That cancellation was said to have been pushed for by the Netherlands’ government.”

    On January 12, 2014, Catherine Ashton, EU foreign policy chief, made a statement in response to an Israeli announcement of building in Jerusalem and Judea and Samaria:
    “I was deeply concerned to hear the latest announcement by the Israeli authorities to advance settlement plans once more in the West Bank including East Jerusalem…

    “The settlements are illegal under international law…”

    Ashton to Israel: Stop settlement building now | The Times of Israel

    On December 16, 2013, the American Studies Association announced a boycott of Israeli universities.
    “The boycott is one prong of a global justice movement that is anchored in international law and universal principles of human rights. It aims to help end Israel’s violations of Palestinian rights…

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  6. “We are targeting Israeli universities because they work closely with the government and military in developing weapons and other technology that are used to enforce the occupation and colonization of Palestinian land…. The fact is that universities are active participants in, and important enablers of, Israel’s repressive, unjust, and illegal policies toward the Palestinians.”

    Curtis Marez, President of the ASA and chair of the ethnic studies department, UCSD, “In Defense of an Academic Boycott of Israel,” In the Chronicle of Higher Education, Dec. 31, 2013.

    On January 15, 2012, Ban Ki Moon, UN Secretary-General said:
    “The Israeli occupation of Arab and Palestinian territories must end…Settlements, new and old, are illegal.”

    Israel National News

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  7. MK Ayelet Shaked

    “I call on the Israeli government to adopt the report of Edmond Levy, according to the recommendation of the Minister of Justice, in order to prevent unnecessary pain and destruction”

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  8. Minister Yuval Steinitz

    “The government must debate, approve and implement the Levy Report in order to prevent the morally and legally illogical situation in which only in Judea and Samaria an entire neighborhood can be moved years after it was established”

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  9. Knesset Speaker Yuli Edelstein

    “It is very important that the Levy report by adopted by the Israeli government”

    “I called on Prime Minister Netanyahu to immediately bring the report of the Levy Commission to a discussion and hopefully to a vote in the ministerial committee on Judea and Samaria”

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  10. Prime Minister Benjamin Netanyahu

    “This report addresses the question of the legality and legitimacy of the settlements in Judea and Sumaria on the basis of facts and claims that must be seriously examined”

    

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  11. How Should Israel’s Legal Grounds be Promoted?

    Many people—both inside of Israel and internationally—are either totally unaware of the extent of Israel’s legitimate legal rights or the significance of those rights for Israel. A group of veteran activists in Israel—determined to address this situation—has come together and now functions as the Committee for Promoting Israel’s Legal Rights and Acceptance of the Levy Report.

    The Committee is asking all Members of the Knesset:

    To educate themselves about the issues surrounding Israel’s legal rights and the conclusions of the Levy Report.
    To publicize issues of Israel’s legal rights in different contexts: To mention it in articles they write, in interviews they give, in speeches, and in public discussions.
    To promote our campaign on their Facebook pages and websites by providing the URLs to our Facebook page – https://www.facebook.com/TheLevyReport – and website – http://thelevyreport.org – and requesting that people like the Facebook page.
    To support – via participation or assistance with planning – major events in the Knesset designed to promote issues of Israel’s legal rights.
    To urgently convey their convictions about the importance of speaking out on Israel’s legal rights to the highest echelons of the Government of Israel, and to inform international leadership of the support for Israel’s right that exists within the Knesset.
    The Committee is available to facilitate this process — to provide materials and the talking points so essential to making the case for Israeli’s legal rights, as spelled out in the Levy Report.

    For questions and assistance, particularly for help getting this message out via traditional and/or social media, click here to contact us.

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  12. Put all politics aside - fighting and quashing terrorism is a matter of world survival
    The world needs to put together immediately an International task forces to fight terrorism and Muslim extremists. It needs to be a well trained force with substantial resources and manpower as well as an International intelligence cooperation with no restriction. It has to be a unified and cohesive battle to abolish terrorism at all costs. Let the terrorists know that there is no hole they can hide in, that the world terrorist task force and other law enforcement agencies will get them wherever they are. We must shut off all their resources, financing, financial institutions and any source that supply them with any kind of support; weaponry, economic, information, etc. whatsoever.
    I urge the world powers at large to take these terrorist events seriously with utmost urgency. The situation is at a critical stage and if immediate all out action is not taken in all parts of the world, terror and mayhem will take over the world and we will not be able to stop it.
    Just imagine if one of those terrorist got a hold of a nuclear suitcase bomb. Do I need to describe it any further.
    Is there a leader today (please stand up) in the free world who can take the bull by the horn and initiate this global war on terrorism.
    YJ Draiman
    P.S. God grant me the SERENITY to accept the things I cannot change, the COURAGE to change things that I can, and the WISDOM to know the difference.
    Fighting terrorism is not unlike fighting a deadly cancer. It can not be treated just where it is visible - every diseased cell in the body must be destroyed completely with no traces left.
    When a poison strikes the human body, the only way to address it, is to remove it and destroy it completely. That is the way the terrorist organizations should be treated.
    YJ Draiman

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