The Regavim Movement’s recent High Court of Justice petition targeting Defense Minister Benny Gantz’s refusal to revoke an anti-Jewish law still in force in Judea and Samaria is approaching the next stage, and Regavim has released a video highlighting the issue.

“The situation is so ridiculous, it’s difficult to explain how it has continued for so long,” said Tamar Sikurel, Regavim’s spokesperson. “The State of Israel continues to enforce a law that discriminates against Jews and bars them from purchasing land in the heart of the Land of Israel. Discrimination of this kind would be immediately struck down in any other modern democracy – but here, in our ancestral land, the government of the Jewish state is afraid to protect the rights of the Jewish People. It’s an outrage, an affront to justice and equality, and a badge of shame”.

Nearly two months ago, the High Court of Justice issued a conditional order to repeal Jordanian Law #40 in response to a petition filed by the Regavim Movement; the government and the Minister of Defense were given 60 days to file arguments in defense of their continued enforcement of the law that prohibits the sale of land in Judea and Samaria to Jews.

As the deadline nears, the Regavim Movement has called upon Defense Minister Gantz to adopt the professional opinion of former defense ministers Lieberman, Netanyahu and Bennett – an opinion shared and supported by the Ministry of Defense’s experts and legal advisers – and repeal the racist law without delay.

“Defending this indefensible law will only add insult to injury,” added Sikurel. “Defense Minister Gantz – don’t wait for the High Court to intervene. Strike down Jordanian Law 40 today!”

Responding to a petition filed by the Regavim Movement, Israel’s High Court of Justice (HCJ) issued a preliminary injunction against Defense Minister Benny Gantz, who has refused to repeal the Jordanian law still in force in Judea and Samaria prohibiting the sale of land to Jews – despite the recommendations of previous ministers and Ministry of Defense professional and legal advisers.

Today (Tuesday) the High Court of Justice handed down a preliminary injunction requiring the government to submit, within 60 days, a defense of its continued enforcement of Jordanian Law #40 which prohibits the sale of land in Judea and Samaria to Jews. This law, passed in the 1950s during the Jordanian occupation, remains in force to this very day.

Among the many restrictions that apply exclusively to Jews and limit their ability to purchase land in Judea and Samaria, this is perhaps the most egregious – but it is certainly in not alone: Jews, and only Jews, are denied access to the Land Registry for this region, unlike any other area under Israeli jurisdiction, where land deeds and property titles can be obtained with the click of a mouse and downloaded from the government’s website. Likewise, Jews – and only Jews – are required to obtain approval of any property transactions (even when both the buyer and seller are Jews) in Judea and Samaria; Jews alone are subject to a staggering array of military orders that obstruct the use of land. – and the list goes on and on.

Since the liberation of Judea and Samaria in 1967 from Jordanian occupation (which was almost universally rejected and condemned by the international community), land purchases for settlement by Jews were carried out according to extremely convoluted work-around procedures designed to evade the problem rather than solve it: Corporations were registered as legal entities in Judea and Samaria, for the purpose of circumventing the prohibition against sale of property to Jewish individuals , thus avoiding “the Jewish problem.” Aside from the inherent racism of this arrangement, the work-around “solution” has posed a major obstacle to the development of Judea and Samaria, and a major violation of Jews’ fundamental rights.

In late 2018, the Ministry of Defense’s legal counsel and professional staff initiated an examination of Jordanian Law #40 and the regulations that require Jews to receive special permits for property transactions, with an eye toward their repeal.

The conclusions of this examination, reflected in a policy recommendation that took shape in the final months of Minister Avigdor Lieberman’s tenure, were finalized during the tenures of Netanyahu and Naftali Bennet who succeeded Lieberman at the helm of the Defense Ministry. They recommended the repeal of the restrictions that prohibit Jews from purchasing land, as well as a very significant easing of requirements for special land – transaction permits.

Regavim petitioned the High Court of Justice when the current Minister of Defense, Benny Gantz, announced that he does not intend to repeal Law #40 – despite the recommendations of the Ministry of Defense professionals and his predecessors, Netanyahu and Bennett.

Justices Hendel, Groskopf and Shochat today issued a preliminary order against Defense Minister Gantz, and required him to present his arguments against the repeal of the law within 60 days.

The Regavim Movement welcomed the news of the newly-issued order. Attorney Boaz Arzi said, “Our petition asked an obvious question: How is it possible in Judea and Samaria, of all the places in the world, a racist law still prohibits Jews from buying property? The High Court of Justice has demanded that the government explain why this law is still on the books, and why it is still enforced.”

The illegal outpost of Khan al Ahmar, next to Route 1

Regavim first petitioned the High Court of Justice over a decade ago for the evacuation of Khan al Ahmar, the illegal squatters’ camp encroaching on Route 1 and the Jewish community of Kfar Adumim.

This evening, Amit Segal reported on Channel 12 News that the Bennett-Lapid government intends to relocate the squatters a mere 300 meters (330 yards) away from their current location.

This hare-brained scheme, hatched by the Ministry of Defense, will turn the Palestinian Authority’s flagship outpost in Judea and Samaria into a permanent, recognized Palestinian settlement.

The PA targeted this point on the map precisely because of its critical strategic value as the link between Bethlehem, Ramallah and Jericho – an area where there is no Palestinian Arab presence. Enabling the takeover and de facto annexation of this strategic location will be a fiasco for the security and strategic integrity of the State of Israel.

The Israeli government invested millions, preparing an alternative location for relocation of Khan al Ahmar on Israeli state land in Jahalin West, but the relocation of the squatters has been stalled solely due to European pressure.

It is inconceivable that the very same members of this government who repeatedly attacked Netanyahu for his failure to evacuate the squatters of Khan al Ahmar are now responsible for this bizarre, pathetic alternative – one that is far worse in every way.

The planned relocation will do little to improve the lives of the squatters, but it will set a dangerous precedent of state-sanctioned annexation for the dozens of illegal squatters’ camps throughout the region that were established according to the Khan al Ahmar model.

Jahalin West: the relocation site that remains ready and waiting for the squatters of Khan al Ahmar
Enforcement in Judea and Samaria

We got our hands on the information that we worked so hard to receive, finally. The news is upsetting, but it’s important for everyone to know. Israel’s Ministry of Defense has admitted that it has two different levels of enforcement in Judea and Samaria: one for Jews, and one for Arabs. We’ll let you guess where the enforcement is more heavy-handed.

For many months, we’ve been awaiting answers from the Ministry of Defense about the enforcement guidelines that are exercised in Judea and Samaria. Thanks to the petition that we filed, the Ministry was forced to admit that it’s not exactly ‘neutral’. Illegal Arab structures – in; illegal Jewish structures – out.

There’s no equality here, just plain racism. “Israeli construction that invades private land” is at the top of the enforcement priorities list, while “Arab construction that invades private land” is at the bottom of the list.

There are 60,000 illegal Arab structures in Judea and Samaria. 60,000! The law can and should be implemented against them, yet the Ministry of Defense allows the law enforcement bodies to turn a blind eye.

We demand that the Ministry of Defense assembles one list with all its enforcement priorities – to allow for equal, transparent, and fair management of its policies.

The Regavim Movement issued a scathing rebuttal of Defense Minister Benny Gantz’s statement earlier today comparing the Palestinian Authority’s takeover of land in Judea and Samaria to Israeli land grabs.

The written statement by Gantz was issued as an official reply to a parliamentary query submitted by MK Keti Shitrit (Likud) requesting clarification of the Defense Ministry’s response to the hostile takeover of the open spaces of Judea and Samaria.

In his response, publicized by Amiel Yarhi, political correspondent for the Kipa news site, the Defense Minister noted “attempts to trespass and to commandeer land in Judea and Samaria by both Palestinians and Israelis.”

Gantz referred to renewed issuance of construction permits for the Palestinian sector in Area C as the solution to the problem of land grabs.

Meir Deutsch, Director General of Regavim, responded: “This document indicates that the present Defense Minister is completely clueless regarding the strategic issues involved. This is nothing less than a revisiting of a “Yom Kippur War-style” implosion for the Defense Ministry,” Deutsch said.

“The Defense Minister has compared a situation described by the Palestinian Authority itself as its primary objective for the past decade, establishing the Palestinian state in Area C – an objective that is funded by European support in the hundreds of millions of dollars each year that has enabled the Palestinian Authority to pave dozens of kilometers of roads, put up thousands of electricity poles, build hundreds of public structures, schools and religious institutions in illegal outposts, supports agricultural work that has already taken over hundreds of thousands of dunams of Israeli state land, and orchestrate the construction of some 3500 illegal structures each year – and the Minister of Defense of the State of Israel compares this enormous, organized, systematic program of annexation to illegal construction in the Jewish sector in Judea and Samaria, the sum total of which amounts to some 3000 structures.”

Deutsch added that “the Defense Minister’s utter lack of understanding of this matter is an existential threat to the State of Israel. It is clear to us that this disgraceful document, which reflects a dangerous and reckless approach to the problem, will be a key piece of evidence in the official hearings of the Commission of Inquiry, the updated version of the Agranat Commission, that will be appointed to investigate and analyze the conceptual failure behind Israel’s acquiescence to the conquest of Israeli territory by the Palestinian Authority without a single shot being fired.”

The written statement issued by Gantz
Illegal construction on IDF Training Ground 918

A new Regavim petition to the High Court of Justice has exposed an illegal internal protocol created by the Civil Administration, an arm of the Ministry of Defense. The very people in charge of enforcement are aiding and encouraging illegal construction!

Let’s say theres an illegal structure built by an Arab in Area C, which is under Israeli jurisdiction. The construction offender receives a demolition order. But instead of actually demolishing the illegal structure, the State of Israel, via the Civil Administration, allows the criminal to launch a bureaucratic cat-and-mouse game. By simply applying for a building permit, submitting an appeal when the permit request is denied, applying for a ‘taba’ (urban planning permit), and even an “exemption from enforcement” – the offender enjoys blanket protection against enforcement for years on end – even though this protection has no basis in the law. As crazy as that sounds, it’s standard procedure.

Each request, no matter how ridiculous, automatically suspends enforcement, and pushes off the structure’s demolition by two or three years. By then, another planning request is submitted, enforcement is again suspended, and so on. Once the process finally runs it’s course, the structure is considered “old construction” – which doesn’t interest anyone, certainly not the Civil Administration’s enforcement officers.

The legal departments of Israel’s security establishment are responsible for this procedural protocol – which is aiding and abetting the creation of a terrorist state in the heart of the Land of Israel. The Palestinian Authority learned and mastered the game ages ago, and continues to build rapidly, illegally, and strategically, all the while flooding the system with nonsensical, futile permit requests in order to delay and eventually prevent enforcement.

Watch this video, and see how the Civil Administration has stacked the deck and undermined the law.

If you were asked to name a country where there is still a law in force that prohibits Jews from buying property, you might be tempted to make an educated guess based on the dark history of Europe and the long tradition of expulsion and persecution that was facilitated by anti-Jewish legislation over centuries. Places like Germany, England and France might spring to mind; Spain and Portugal might be in the running as well.

You probably wouldn’t guess that today, in the year 2021, a law is enforced by the State of Israel that prohibits Jews from purchasing privately owned property — but that is the sad and shocking truth. Law 40, enacted in 1953 by the Jordanians during their illegal annexation of Judea and Samaria, prohibits the purchase of privately owned land by non-Arabs, as well as the sale of privately owned land to non-Arabs (in other words, Jews). Not only is Law 40 still “on the books,” but it is actively enforced to this very day by the State of Israel’s legislative, judicial and security branches.

In a very real and undeniable sense, this legislation is, quite simply, racist. It is blatantly anti-Semitic. It is regressive, and an affront to the concepts of personal liberty, equality and property rights upon which democracy is based. Laws of this kind would not be allowed to stand anywhere in the civilized world, and it is nothing short of outrageous that the Jewish state has allowed this discriminatory and regressive legislation to remain in force in a judicial system that champions individual rights.

How, then, have Jews purchased property over the past 53 years? In 1971, the Military Commander for Judea and Samaria issued a “work-around” directive, by changing the Jordanian law that pertains to corporate ownership, while leaving Law 40 untouched. Thus, companies registered in Judea and Samaria — even if they are owned by Jews — are now permitted to purchase property in Judea and Samaria. Rather than strike down Law 40, the Israeli government has left it in place and designed a method of circumventing it.

Why, you may well ask? Why should this be necessary? Simply put, the State of Israel has spent decades avoiding any action that might be construed as an act of sovereignty in Judea and Samaria. It has bent itself into contorted legal positions in order to avoid fulfilling its most basic responsibilities to Israeli citizens and to the security of the State of Israel. It has procrastinated to the point of absurdity, creating a vacuum of governance and a black hole of law and order that continues to turn normal life — for Jewish and Palestinian residents of “Area C” alike — into a tangled bureaucratic nightmare.

The legal departments of both Israel’s Ministry of Defense and Civil Administration have recommended additional methods of circumventing or even amending Law 40. The Regavim Movement, on the other hand, has petitioned the High Court of Justice to strike down this racist legislation altogether, and to expunge this anti-Semitic vestige from the Israeli legal code. Striking down Law 40 is a statement of Israel’s commitment to equal and universal rights under the law — a statement that is long overdue.