Israeli High Court Hearing Tomorrow: Migron or Rule of Law?

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Last month I wrote in the Huffington Post that "As the Illegal Outpost of Migron Goes, So Goes All of Israel."  I noted: "...This decision [on Migron] will be a litmus test of Israeli rule of law and, ultimately, of Israel's capacity to make peace with the Palestinians....should the Israeli government find a way to 'kosher' the settlers' land theft in Migron, it will give a green light for the settlers to build illegally everywhere in the West Bank, knowing that no one, not even the Supreme Court, can or will stop them. In such a case, even if a future Israeli government is more serious about peace than the current one, settler actions on the ground will undoubtedly seek to block any agreement."

That time for that litmus test is now upon us. 

Tomorrow (9:30am Israel time), the Israeli Supreme Court will consider the government of Israel's request that the Court cancel its ruling that the illegal outpost of Migron must be evacuated by March 31, 2012, and instead accept the "compromise" the government has worked out with the settlers.  Under this "compromise," Israel's rule of law would be officially thrown out the window.  Instead of being held to account for their law-breaking, under the "compromise" settlers would be rewarded for their actions and Israel would formally break its longstanding commitment not to establish new settlements. This will be the final hearing prior to the Court deciding whether it will agree that the government's proposal is an acceptable resolution to the case against Migron.

Tomorrow the Israeli Peace Now movement will submit its own arguments to the Supreme Court in opposition to this proposed travesty of justice.  Ahead of tomorrow's hearing, Peace Now organized a group of some of Israel's most well-respected jurists to publish an open letter decrying the compromise as a blatant desecration of Israel's precious democracy and rule of law.  These jurists understand what is at stake here.  They understand that accepting this "compromise" would tell the world that Israel cannot truly claim to be a nation with rule of law.  If this "compromise" is accepted, Israel will show a face to the world of a country where rule of law has been perverted to mean "rule by law" - a country where laws can be tailored and subverted by those with political power to promote their agenda, and where the rights of any party under law can be erased at whim.

The jurists' letter states:

"...The Migron compromise is a dangerous precedent that will severely damage the supreme courts status and verdicts. The government is seeking to avoid executing the verdict and to alter it in accordance to its political needs.  Accepting the compromise will allow the Migrom settlers to continue inhabiting  private Palestinian land for an even longer period of time, and will seriously harm the principal of equality of the law.  If the Migron compromise is accepted, it will undermine the foundations of our legal system, allow for state approved theft, and will undermine the publics' faith in the Supreme Court."

Peace Now Yariv Oppenheimer stated: "This is a recipe of how not to comply with the Supreme Court. Building a new and isolated settlement deep in the heart of the territories goes against Israel's interest and is aimed at placating an extremist settler minority."

Israel's Channel 10 TV recently aired a segment about Migron and the cost the Migron "compromise" will impose on Israeli tax payers.  That report (subtitled in English) can be viewed here.

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The settlements prove that Isreal is not interested in peace.

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