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A New Israeli Law Allows Illegal Settlers to
Steal Palestinian Land Anywhere
By
Uri Avnery
Al-Jazeerah, CCUN,
December
19, 2016 |
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Israeli theft of
Palestinian lands since 1947 |
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Remember Naboth AN INCREDIBLE piece of
legislation is now being debated in Jerusalem. The country is busy
with a settlement called Amona. There, deep in the occupied territories, a
few dozen Jewish families have set up an illegal settlement – illegal even
under Israeli law, not to mention international law. Trouble is,
they did not take the trouble to find out who owns the land on which they
settled. As it turns out, it actually belongs to private Arab farmers. The
Israeli Supreme Court ordered the settlers to evacuate the site.
Evacuate Jews? Unthinkable! The Amonites swore "passive" resistance. This
means calling upon tens of thousands of settlers from all over the occupied
Palestinian territories to rush to the scene. It means crying babies,
screeching girls, violent youngsters pushing bewildered soldiers (many of
them settlers themselves), men wearing Nazi-era yellow stars, woman
clutching their many weeping children, cameras galore. Awful. So, as
the date set for the evacuation comes closer and the court refuses to grant
another postponement – after years of legal playing around – the government
has found a way out: the Amona settlers will move a hundred yards, to land
on a part of the same hill which does not officially belong to private
persons. In return for this favor by the settlers, the government
promises to enact a "legitimization law", an invention of sheer legal
genius. It says that in many dozens of places all over the West Bank, where
other settlements have been set up on private Palestinian property, the land
will simply be expropriated, and the rightful owners will be paid
compensation. In short: a gigantic act of stealing the property of
private persons, who happen to be Palestinian Arabs, in order to
"legitimize" the settlements of fanatical far-right Jews. WHEN
I read the text of the proposed bill, I was reminded of a sentence in the
Bible that has always bewildered me. It's in
Exodus (12). When
Pharaoh at long last allowed the Children of Israel to leave Egypt, after
the awful ten plagues, they did something extraordinary.
"And the
Children of Israel …borrowed of the Egyptians jewels of silver and jewels of
gold and raiment…and they spoiled the Egyptians." Since the
Children of Israel were leaving for good, "borrowing" meant stealing. And
not from Pharaoh and the state, but from ordinary people, their neighbors.
It is now generally agreed among experts that the exodus never really
happened, and that the story was written about a thousand years after the
purported event. But why would a writer attribute to his forefathers such
disgusting behavior? Especially when it never happened? The only
answer I can imagine is that the writers and editors at the time saw nothing
disgusting in this story. Cheating and plundering non-Israelites was
alright. It is also alright now for the settlers and the government
of Israel. (How do we know that the exodus story was invented at a
much later time? Among other indications, because the Egyptian places
mentioned in the story did not even exist at the time of the imaginary
Moses, but did exist at the time of the Maccabees, many centuries later,
when the text was written.). ANOTHER CHAPTER of the Bible is
even more pertinent to the present happenings. It is a text which every
Israeli schoolboy learns in his early teens. In the Hebrew original it is of
exquisite literary beauty, apart from its overpowering moral power.
It recounts (1 Kings, 21) that:
"Naboth the Jezreelite had a
vineyard…hard by the palace of Ahab, king of Samaria. And Ahab spake
unto Naboth, saying: "Give me thy vineyard, that I may have it for a garden
of herbs, because it is near unto my house, and I will give thee for it a
better vineyard than it, or, if it seems good to thee, I will give thee the
worth of it in money." And Naboth said to Ahab: "The Lord forbid it
me, that I should give the inheritance of my fathers unto thee! And Ahab
came into his house heavy and displeased…But Jezebel his wife came to him
and said unto him: "Why is thy spirit so sad?"
The wife took matters
into her own hands, ordered the elders of Samaria to put Naboth on trial on
false charges, and had him stoned to death. God the Almighty did not
like this at all. He sent his prophet, Elijah, who accosted Ahab and said
unto him: "Hast thou killed and also taken possession? …
Where dogs licked the blood of Naboth, shall dogs lick thy blood!"
And so it came to pass. Ahab died a hero's death in battle, felled by an
arrow shot at random. The dogs licked his blood from his battle-carriage.
They also ate the flesh of Jezebel, his wife. In Hebrew the story
sounds infinitely more beautiful than in translation. Non-religious people
can read it with as much aesthetic pleasure as the religious.
IF GOD were around today, he would surely send one of his on-duty prophets
to Binyamin Netanyahu (a nice Biblical-sounding name), and tell him about
today's blood-licking dogs. (Journalists? TV reporters?)
The
proposed "legalization" of the taking of private Arab property, under any
conditions, is sheer theft. Any Arab landowner would quote Naboth, "Allah
forbid it me…" Netanyahu does not need to trouble his wife, Sarah'le,
who has her own troubles with the law. Instead of Jezebel, he has the
Knesset and the Attorney General. Yet the proposed solution – moving
the settlers a few yards to government-owned properties – is no better than
Ahab's proposal to Naboth. Actually, it is much worse. King Bibi,
like king Ahab, offers money in compensation, but he does not offer other –
and better – land. Actually, he expects the Arabs to take the money and move
to Brazil or Sweden. The offer to move the settlers of Amona to
"government lands" nearby needs some explanation. How come that the Israeli
government owns lands in the occupied West Bank (as distinct from the East
Bank of the Jordan river, which is the Kingdom of Jordan. The government and
the settlers themselves call the territory Samaria, as in the Bible.)
In the good old days of the Ottoman Empire, the land belonged to the Sultan,
who rented it out to the fellaheen (peasants). Before World War I, when the
Sultan was – as usual – bankrupt, he sold off some land to private subjects,
mostly rich Arab merchants in Jaffa, Beirut or Monte Carlo. They were
absentee landlords. and the peasants on the land did not change.
However, most of the land continued to belong to the Sultan, until the end
of World War I, when the government of the new British mandate in Palestine
took over. The local Palestinian peasants, of course, remained. This
was the situation when – after the Israeli-Arab war of 1948 – the Royal
Jordanian government took possession of the land. Nothing changed. The
government of Jordan retained formal ownership of the land, the fellaheen
worked their plots as they had done for many generations. When
Israel conquered the West Bank in 1967, a totally different situation arose.
Unlike the Turks, the British and the Jordanians, the present Israeli
government has designs on the land. It wants to turn it over to Jewish
settlers, extreme rightist settlers, extreme religious settlers or both.
The legal fiction of "Government-owned land" became a reality
overnight. Huge stretches of land on the West Bank suddenly belonged to the
government of Israel. Other huge stretches, which belonged to the
Palestinians who had fled or were driven out in the 1967 war, so-called
"absentee property", was also expropriated by the Israeli government.
All this is now "government land", on which Israelis can settle freely
according to Israeli law. No need to add that all this is totally illegal
under international law, which categorically forbids the "occupying power"
from moving its citizens into the occupied territory. This, then, is
the legal situation: putting Israeli settlers on "government lands" is legal
under Israeli law, but absolutely forbidden under international law. Putting
settlers on private Palestinian land is forbidden by both international and
Israeli law. As of now, the Amona settlers are asked by the
government to move to nearby "government land". They now face the choice
between eviction or agreeing to walk the hundred yards to their new abode.
I WONDER what the prophet Elijah would have said about all this.
He was not a person given to understatement. Israeli dogs will not
lick the blood of Netanyahu. Nor will they eat the flesh of Sarah'le. God
forbid.
***
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