Tag: jerusalem district court

Battle for Area C
כ"ז אב התשפ"ג - 14 August 2023
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The illegal events venue in Gush Etzion

After months of unanswered complaints and correspondence, Regavim has taken its battle against an illegal events venue up a notch: A new petition filed jointly with the Gush Etzion Regional Council demands immediate enforcement. “The Palestinians are partying at our expense.“

A new petition to the Jerusalem District Court demands the immediate demolition of an illegal event complex, built without the necessary permits on the outskirts of the village of Al-Khader – in Area C, which is under full Israeli jurisdiction. The complex has a commanding location adjacent to Route 60, the major thoroughfare connecting the communities of Gush Etzion and Mount Hebron to Jerusalem that is traveled by thousands of motorists every day.

The site houses several structures in a multi-level entertainment and events compound complete with a spacious parking lot. When work at the site first began, Regavim and the Gush Etzion Regional Council appealed to the enforcement authorities to prevent the land-grab and illegal construction. It took months and months for the Civil Administration to respond to the repeated appeals, and the response was the same as in thousands of cases Regavim has pursued over the years: The Civil Administration claimed that stop-work orders and demolition orders had indeed been issued – and enforcement would be carried out “according to established priorities.”

Nonetheless, over the course of the past year, development work was completed – in complete disregard for any orders that were or were not issued, and the perpetrators even submitted a request for a retroactive permit, which was rejected. Throughout this entire farce, the compound has continued to host events every day. There has been absolutely no enforcement of any kind against this illegal business enterprise, the structures built at the site, or the perpetrators – who continue to laugh all the way to the bank.

The Regavim-Gush Etzion petition mentions both the close proximity to the road, and the fact that the structures were built within an area under military orders that prohibit construction of any kind due to the sensitivity of the location: “The very real security risk posed by the compound to all users of the road requires increased enforcement, not tacit acceptance of illegal activity by enforcement authorities that have made a habit of turning a blind eye to Arab construction offenses.”

Proximity to the Highway: The illegal complex with Route 60 in the background

According to Regavim’s data, there are more than 370 illegal structures and dozens of agricultural encroachments in this area alone, resulting in a takeover of thousands of dunams of land in the open areas that is suffocating the southern approaches to Jerusalem and forming a stranglehold around the capital.

“The Palestinians are celebrating here – and what they’re celebrating is Israel’s lack of governance,” says Moshe Shmueli, Regavim’s Field Coordinator for Judea and Samaria. “This is a complex that hosts weddings and parties every evening, on one of the busiest roads in the vicinity of Jerusalem, less than half a kilometer from the tunnel road. We see again and again how the Battle for Area C has long been waged: annexation tactics are not limited to planting trees and other agricultural projects, or construction of shacks and shanties. The Palestinian Authority is on a massive construction spree in all of Judea and Samaria from south to north – building parks, event venues, recreation complexes, institutions and factories. We are witnessing the fulfillment of Palestinian declarations about the unilateral establishment of a state – and the State of Israel continues to ignore it.”

Shlomo Ne’eman, Head of the Gush Etzion Regional Council and Chairman of the Council of Jewish Communities in Judea and Samaria, adds: “It’s time to put an end to the celebration! This complex was built by Arabs who are taking advantage of the lack of enforcement against the rampage of illegal construction in the area. The compound is located on land which for the most part falls under a military order prohibiting construction of any kind. To make matters worse, it is built on archeological antiquities: the complex’s pool is built on a burial cave, trampling not only the priceless history but the law that requires preservation and scientific examination and documentation of our heritage.”

Despite Civil Administration orders, these lawbreakers violated the law time and time again and continued with illegal construction. The Gush Etzion Council invests massive efforts in the fight against the hostile Arab takeover of our national land resources. This illegal complex is located in a strategic area that connects Gush Etzion to Jerusalem, and we demand immediate enforcement and oversight.”

Illegal schools
כ"ג אייר התשפ"ג - 14 May 2023
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Before
After

Following our petition, Civil Administration forces tore down an illegal Palestinian school, built in the Herodion Nature Reserve and Heritage Site in Gush Etzion.

63 days after the Jerusalem District Court ordered to seal off and demolish the illegal structure, and despite UN efforts to delay law enforcement, the school was taken down.

This school is only one out of more than 100 illegal school buildings that were built in Judea and Samaria, as part of the Palestinian Authority’s plan to take over Area C and the open spaces.

Yesterday morning’s enforcement is the first step in restoring law and order to the area, and it is certainly not the last: now, we need to restore the site and deal with the hundreds of similar cases of illegal takeovers of lands and nature reserves in this area and beyond.

Environmental abuse
כ"ח ניסן התשפ"ג - 19 April 2023
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An aerial image of the illegal Beit Fajjar quarry

“Have any of you ever been to the quarry?” – that’s what the judge asked the State representatives in last week’s District Court hearing in the case of the Beit Fajjar quarry.

The Beit Fajjar quarry, located in east Gush Etzion and mainly in Area C, is the largest illegal quarry in the country, spreading over about 1,600 acres.

In the last decade, Regavim has filed two petitions against the illegal quarrying – which, besides taking over huge swaths of land, causes major damage to archaeological sites.

Photo credit: Preserving The Eternal

In last week’s hearing, the State rejected the claims that there is ongoing damage to archeology, and claimed that quarry has not expanded significantly since 2005. Regavim’s lawyers presented findings that prove the opposite, causing the judge to wonder why the State authorities are unaware of the current reality. The judge demanded that up-to-date evaluations be carried out and an answer submitted to the courts within 60 days.

We’ll continue to monitor the situation on the ground, as part of the battle to preserve Israel’s land resources.

Illegal schools
ו' חשון התשפ"ב - 12 October 2021
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A screenshot of the Kisan village’s Facebook page that notes Swiss involvement in the construction of an illegal school

In early September, there was a special celebration in the village of Kisan in eastern Gush Etzion in honor of the opening of a new school. But, as we told you before, the school was built without permits by the Palestinian Authority.

The construction period was short, and lasted just over a year. As soon as construction started, we sent urgent letters to the Civil Administration and the other Israeli authorities to stop yet another land grab. But that didn’t help. So we went to the Jerusalem District Court, although our petition was rejected because of the State’s promise in the court hearing to enforce the law at site.

But, of course, the law wasn’t enforced, and the school began to function in September 2020. Immediately, we petitioned the Court (again) to request an interim order that would prevent the opening of the school, but the Court didn’t comply with our request. And now, a year later, the illegal school in Kisan celebrates the Israeli authorities’ failure.

And it’s important to mention a line published on the village’s Facebook page: “It’s worth noting that the Kisan school project was funded by the Swiss Agency for Development and Cooperation (SDC)”. That’s right, the famously ‘neutral’ Switzerland, that claims not to take any side in any conflict, is defying Israeli law, the European Union charter, and international law. The Swiss government is aiding the Palestinian Authority’s plan to establish a de-facto state in a territory that belongs to Israel according to international agreements.

For years, we’ve been protesting against the gross intervention of European governments in Area C. And for years, the State of Israel has decided to shut its eyes and ears as it squanders state lands. This is a major disgrace – in every sense.

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

Battle for Area C
ח' תשרי התשפ"ב - 14 September 2021
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Illegal construction on IDF Training Ground 918

This article first appeared on the JNS Wire.

Through incessant legal and procedural appeals, the PA has upended Israeli law enforcement and set the system against itself, creating facts on the ground and laying the foundations of a Palestinian state in the heart of the land of Israel.

It’s no secret that the system of law in force in Judea and Samaria is far from ideal: In the aftermath of the Six-Day War, the Israeli government balked.

Rather than applying Israeli law to the territory liberated in 1967 — territory that had always been within the internationally recognized borders of the Jewish homeland—Israel chose instead to “temporarily” maintain the existing legal framework. Despite the fact that Jordan’s invasion, occupation and annexation of Judea and Samaria (the areas that it then began to refer to as “the West Bank” as a means of justifying its presence there) were illegal, and were never recognized by the international community, Israel deemed it more prudent not to act on its very solid and exclusive claims to the historic heartland of Israel.

Instead, it left the territory to the mercy of a hodgepodge of legal relics, pasted together with a smattering of military orders, that has continued to hold sway for more than half a century — longer than the Jordanian occupation and the British Mandate combined.

It’s no secret that this outmoded and convoluted system is a gold mine for construction offenders. Nor is it a secret that the Palestinian Authority and its generous European supporters have perfected the art of using this “system” to their advantage.

Antiquated, ineffective and labyrinthine Jordanian regulations have been famously exploited in what is known as “lawfare”: Through incessant legal and procedural appeals, the PA has upended Israeli law enforcement and set the system against itself, creating facts on the ground that are re-drawing the map and laying the foundations of a Palestinian state in the heart of the land of Israel.

Over the past two years, Regavim has filed a number of administrative petitions in the Jerusalem District Court (which serves as the Court for Administrative Affairs) against the Ministry of Defense and the Civil Administration, regarding instances of illegal construction and de facto annexation by the P.A. and its local authorities. Specifically, Regavim’s petitions sought the implementation and execution of the “Order for Removal of New Structures,” military legislation created by the defense establishment in 2018 to cut through the legal and bureaucratic red tape that characterizes “standard enforcement procedures” in Judea and Samaria, the legal quicksand that has made law enforcement virtually non-existent.

Again and again, the state’s lawyers argued for dismissal of Regavim’s petitions on jurisdictional grounds: The New Structures Order, they claimed, does not fall within the jurisdiction of the Administrative Court, and should be heard in the High Court of Justice (HCJ).

But when Regavim petitioned the HCJ to compel the state to enforce the “New Structures Order,” the government’s lawyers argued that the petitions should be dismissed out of hand, because an alternative legal remedy is available — namely, “standard enforcement procedures” arising from the Planning and Construction Code. Even though these alternative legal remedies have not been enforced, the state argued, the proper forum for hearing these cases is … the District Court.

The long and short of it is that the government’s enforcement arm is trying to dodge any and all cases involving its failure to enforce the law — either under the New Structures Order or under the Jordanian Planning and Construction Code, whether in the District Court or in the HCJ.

Avi Segal, Regavim’s attorney, explained: “At issue is a broader question that goes beyond the individual cases. The government is shirking its responsibility to enforce the law. This is a deliberate attempt to create a legal ‘Catch 22’ that will neuter the law and empty it of all meaning, while at the same time limiting the public’s ability to scrutinize and evaluate the state’s continued inaction before a court of law — whatever court that may be.”

In the HCJ hearing on Sept. 13, Justices Anat Baron, Yael Vilner and Ofer Grosskopf had some very pointed criticism for the State Attorney. The justices required the government to provide answers, rather than hiding behind procedural cat-and-mouse jurisdictional arguments.

The court’s decision is quite clear: The state will not be allowed to continue to duck the questions raised by Regavim’s petitions, nor will it be allowed to continue to use the “Catch 22” of jurisdiction to avoid enforcing the law. The state was required to submit, within 60 days, substantive arguments regarding its failure to enact the “Removal of New Structures Order” in these cases.

Furthermore, the state was required to submit, within 60 days, an update on its progress towards amending the “Removal of New Structures Order,” so that the question of jurisdiction is clarified once and for all.

Perhaps this will go down in history as the day that the government was forced to own up to its failure to protect Israel’s interests in Judea and Samaria, and the day that the Israeli version of “Catch 22” began to unravel.

Illegal schools
כ"ז אלול התשפ"א - 04 September 2021
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It took a mere 12 months for the Palestinian Authority to build this enormous, impressive, and illegal school in Kisan, eastern Gush Etzion.

As soon as construction was underway, we petitioned the Jerusalem District Court – since the Israeli authorities did absolutely nothing to prevent yet another land grab. In response to our petition, the State representatives told the judges that Stop Work Orders and demolition orders had been issued against the illegal structure, however they refused to commit to a timetable of when the law would be enforced. Unfortunately, the Court accepted the State’s claims and rejected our petition.

The months passed by, construction was completed, and students are now pouring into the school.

We promised not to allow the story to end this way, so we’ve decided to file another petition with the Court. Rather than rewarding illegal activity, the State should be made to close down the school!

This school is merely one example of a widespread phenomenon. Recently, we published – in Hebrew – a comprehensive report about illegal, PA-built schools in Area C. The English version should be available in the nearby future. Our report reveals that, over the last decade, the Palestinian Authority has built 100 (!) schools without permits in strategic areas.

You might be thinking: ‘These schools are crucial for the education of Palestinian schoolchildren!’ But no. Our data indicates that these schools are no humanitarian necessity; they were quickly set up, without permits, in order to advance the Fayyad plan. The density in PA schools (313 students on average per school) is lower than in Israeli schools (337 students on average per school) and much lower than the density in schools in Jordan (476.9 students on average).

An analysis of our data also proves that these new schools weren’t built to compensate for problems of long distances. All of the schools, without exception, were established between a few hundred meters to three kilometers from already-existing schools.

You see, the PA knows all too well that Israel is unlikely to knock down the illegal schools. If Israeli authorities enforce the law, the media pump out heartbreaking photos of underprivileged children being ‘denied’ an education. If Israel turns a blind eye in order to avoid a black eye, the schools become anchors for new outposts in previously uninhabited – and generally uninhabitable – areas, and more funding pours in to alleviate the humanitarian hardships of these fabricated communities.

On a daily basis, the PA works to change the map, seizing strategic points throughout the territory. We call on the State of Israel to internalize, once and for all, that in the BattleforAreaC it has a right, responsibility, and a national interest to prevent illegal Palestinian construction. Time to wake up, before a de-facto Palestinian terror state is established in Israel’s heartland!

Battle for Area C
כ"ז אב התשפ"א - 05 August 2021
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Yesterday, the Jerusalem Municipality and Israeli security forces tore down the illegal business complex at the north-eastern entrance to Jerusalem. The busy road going into the city can now be widened, which is sure to ease the traffic that drivers have become accustomed to near Hizma.

Every day, hundreds of thousands of Jewish and Arab residents who drive past Hizma suffer from the heavy traffic caused by the illegal complex. The complex also caused huge environmental damage because of waste disposal and misconduct of goods. And due to the proximity to the security fence, the businesses also provided a security threat.

Recently, we told you about the hearing on our petition at the Jerusalem District Court. During the hearing, a representative of the Ministry of Defense presented a secret enforcement plan to the judges while no one else was in the room. Our impression was that the Court reviewed the plan seriously, thus we agreed to pull our petition. However, we protested the decision to postpone enforcement at the complex, and demanded that the authorities implement the plan, in line with their promise to the Court.

Yesterday, the State finally fulfilled its promises and demolished a significant part of the complex. It’s a shame, however, that this case had to reach the Courts instead of the State enforcing the law straight away, when the first illegal business opened up.

The Binyamin Regional Council can now go ahead with their plan to add more lanes to the road, improving the lives of all the region’s residents.

We’re satisfied with this success, and will continue to advocate for law and order, equal enforcement and equal protection under the law as our only bulwark against chaos – now and always. To support our activities, make an online, tax-deductible donation here.

Battle for Area C
ט' אב התשפ"א - 18 July 2021
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Illegal construction in Duma, not far from Shechem

We’ve often mentioned the “Order for Demolition of New Structures” – legislation from 2018 that was approved by the High Court in recent rulings. On paper, the legislation empowers the demolition of new, illegal structures in Judea and Samaria within 96 hours.

However, since the legislation was passed, the Civil Administration has rarely used the enforcement tool – despite the widespread problem of mass illegal construction.

Regavim has filed a number of District Court petitions to force the Civil Administration to apply the legislation. In these court hearings, State Attorney representatives explained that the District Court has no right to judge cases involving the “Order for Demolition of New Structures”, and that these cases must go to the High Court of Justice.

So we acted in line with this standpoint, and recently we petitioned the High Court about the huge take-over of land in the Arab village of Duma. We demanded that the High Court judges instruct the Civil Administration to issue the Order.

But now the State Attorney representatives have asked to reject our petition on the basis that the authority to hear cases lies with… the District Court!

We’re confused. One moment, the State Attorney says that these cases must be heard in the High Court; the next moment, they say it’s the District Court.

As you probably assumed, while the Courts play a game of ping-pong, the residents of Duma continue their charge toward more land grabs. Recently, they even fully paved a new “road” without permission, as part of the #BattleforAreaC.

Regavim has submitted a harsh response to the Court, calling for the judiciary not to allow the Civil Administration and the State Attorney’s Office to turn the rule of law into a joke. We’ve demanded that the High Court of Justice uses its power and authority to instruct the CA to put an immediate halt to illegal construction projects in Duma.

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

Illegal structure near Duma
Protection of archaeological sites
כ"ט תמוז התשפ"א - 09 July 2021
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Up close: The illegal school next to the Herodion

For over three years, Regavim has been involved in a legal battle over an illegal school built right next to the Herodion, probably one of Israel’s most important historical sites.  

Back in 2018, we petitioned the High Court of Justice against the Civil Administration as the new school was allowed to spring up without permits. A demolition order had been issued, but the Civil Administration took no steps to enforce it. Our petition was rejected because the State had reached an agreement with the construction criminal whereby he would submit a permit request to the Planning and Authorization Subcommittee.    

After his request was dismissed, he petitioned the Jerusalem District Court to protest the decision. The Court issued a temporary order to instruct that until a different decision is reached in this case, the Civil Administration would not take enforcement steps against the structure.    

Since our 2018 petition was rejected, we consistently questioned the Civil Administration to clarify where the school’s planning and administrative procedures stood. Occasionally, we received partial updates about the legal status of the school.    

In March this year, the Civil Administration responded that indeed the permit request submitted by the construction criminal was rejected, yet they are unable to tear down the school because of the temporary order from the District Court.    

However, the Civil Administration is simply not telling the truth.    

We checked and found that the construction criminal’s petition had already been dismissed, along with the temporary order that had been cancelled, ten days before the Civil Administration’s response. It turns out that there was no legal obstacle in the way of exercising the demolition orders! The Civil Administration didn’t mention this important fact, nor did it take any practical action.    

Now, with legal procedures exhausted, we demand that the Civil Administration act immediately to carry out the demolition order against the school – which has expanded over the last year.    

The Civil Administration must prove that it is committed to the rule of law and to the protection of important heritage sites that belong to the State of Israel. No more excuses!

Battle for Area C
י"ט תמוז התשפ"א - 29 June 2021
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Illegal construction in Nahalin

We’ve been in the business of protecting Israel’s land resources for many years, but this episode is something we’ve never encountered before. In one of our recent legal cases, the Jerusalem District Court accepted the Civil Administration’s narrative, despite its neglectful conduct, and decided to hit Regavim with a 10,000 shekels fine!

Let’s start from the beginning.

A year ago, we told you about the illegal expansion of the Nahalin village in Gush Etzion. The moment the new plots began to be developed (illegally!), we recognized the threat posed to the nearby community of Rosh Tzurim, which is being choked.

We approached the Civil Administration, an official enforcement body of the State of Israel that must act in accordance with the law, to demand law enforcement at the site. However, the CA didn’t do much. Inspectors came to the site and hung up stop work orders, but construction continued relentlessly. The orders were completely ignored, and the area is now an illegal, Arab neighborhood.

After we sent more alerts to the authorities and didn’t receive any proper responses, we filed a petition with the Jerusalem District Court against the Civil Administration. As usual, the CA told the judges that enforcement at the site would happen “in accordance with established enforcement priorities”. This was not surprising.

However, this time, instead of criticizing the CA for not doing its job, the Court bought the excuse of “enforcement priorities”! Our petition was rejected, and we were charged with the expenses, a hefty fine totaling ₪10,000.

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The Civil Administration’s goal is to exhaust Regavim, and to make us relinquish our efforts. You see, CA officials don’t really like it when we submit petitions and alerts, and when we present their deficiencies in the media and elsewhere. The CA prefers to deflect public criticism, attempting to hide their failures.

With each petition we file, we know that there is a chance that it will be rejected. But we are always guided by the importance of our mission, first and foremost: the protection of Israel’s resources and preservation of sovereignty. If Regavim didn’t exist, the situation on the ground would be much worse.

We call on you, our friends and supporters in Israel and abroad, to help us cover the costs. In order to continue our Zionist activities, and to point out the shortcomings of Israel’s enforcement bodies, we need your help. Make an online, tax-deductible donation here.

Aerial map of Nahalin; numbers indicate illegal structures