This ruling should send shivers down the spine of everyone who respects the rule of law. It means that Israel's Supreme Court has been compromised by a political agenda that discriminates against Jews. By abandoning the Ottoman rules, the High Court may well have undermined the rule of law, by changing the age-old principles of land occupancy in Judea and Samaria by sudden judicial fiat.
Once again former chief justice Dorit Beinisch and a few of her colleagues have usurped the role and powers of the legislature and sought to create new law.
In a ruling last week, Beinisch and a panel that included Justices Edna Arbel and Miriam Naor, vehement opponents of settlements, held that Michael Lessans, a Jewish plumber who lives in Kedumim, in the Shomron, must evacuate 45 dunams (approx. 11 acres) of land on which he had planted 1,300 trees because Arabs claimed this area belonged to them.
The court ordered Lessans to remove the trees immediately and compensate the Arab claimants and the Civil Administration. The court ruled that Jews, unlike Arabs, could not claim land by chazaka (acquired right of possession) ≠ an Ottoman statute under which working the land for three to 10 years could be a basis for claiming ownership.
Lessans, who immigrated from Baltimore 40 years ago, planted the area with wheat, corn and barley in 1996, and in 2006 planted olive trees.A year later Arabs objected and in 2009 ≠ assisted and represented by Peace Now and Yesh Din ≠ filed a petition against Lessans. The land was never registered in tabu and the Arab claimants offered no proof of ownership.
According to Lessans, a document from the Ottoman period presented bythe Arab claimants refers to the right to rent "a place" in the area ≠but no precise location is specified and the alleged owner is not listed. Therefore, it is impossible to know if Lessans' orchard is"the place," or not. Although the lower court rejected Arab claims of ownership, Peace Now and Yesh Din went directly to the Supreme Court,where they knew they could win on politics, rather than law.
In his appearance before the Supreme Court, Lessans offered to give the entire orchard to the Arabs if they could prove ownership. The court refused the deal. If the Arabs can't prove they own the land,however, why did the court order the trees removed and likely destroyed? These crucial facts were not reported in the media, which accepted the court's decision without question.
The same tactic of appealing directly to the Supreme Court ≠ which does not examine evidence ≠ was used in legal disputes over contested areas such as Migron. But in Lessans' case the court went beyond deciding on a specific place and issued a discriminatory edict. The justices did not rule on who owns the land ≠ since the Arab claimants clearly do not. They ruled on who did not own the land ≠ namely Michael Lessans, because, according to the court, the right to acquire land by chazaka does not apply to Jews.
If neither Lessans nor Arab claimants own the land, however, who does? The court was silent.
This ruling should send shivers down the spine of everyone who respects the rule of law. It means that Israel's Supreme Court has been compromised by a political agenda that discriminates against Jews.
Beinisch's ruling must also be considered along with her decision a few months ago regarding Migron that all land not certified as belonging to the State should be considered private Palestinian land,regardless of whether currently or in the future claimed or used by non- Arabs (i.e. Jews). Her earlier ruling also erased various categories of public land established under Ottoman rule, much of which is unsurveyed and disputed.
Beinisch's intent may have been to provide a more orderly system of land ownership than existed previously. But ruling that a law allowing someone to acquire unused and unclaimed land applies to Arabs but not Jews entrenches a system of inequality that legitimizes Arab encroachment and claims, and prevents any meaningful reforms.
Her ruling restricts Jews and encourages Arabs to take over land not claimed by the State of Israel, or by Jews. One would assume,moreover, that her ruling would legitimize Arab-Israeli citizens, or Arab citizens of the PA or Jordan who use the Ottoman law to seize land in Judea and Samaria.
Ever since 1967, the Israeli Civil Administration has consistently applied Jordanian law (i.e. Ottoman land law) on land issues in Judea and Samaria. This practice was what lead the late Plia Albeck to count goat droppings on land designated for possible Jewish civilian use, lest the areas in question infringe Arab possession rights which were recognized under Ottoman law. The late prime minister Menachem Begin was also scrupulous about observing these legal formalities.
By abandoning the Ottoman rules, the High Court may well have undermined the rule of law, by changing the age-old principles of land occupancy in Judea and Samaria by sudden judicial fiat.
Courts are empowered to interpret laws, not to make them. In democratic societies that's what legislatures are for. Whether judges support or oppose settlements, their opinions should reflect impartial deliberations. Anything less renders the judicial system a farce in black robes.
Manipulating Israel's judicial system ≠ using the Supreme Court, the State Prosecutor and Civil Administration against the rights of Jews to live in Judea and Samaria ≠ undermines democracy, Zionism and the rule of law. Allowing this pseudo-judicial travesty to continue pollutes our entire system of government.
These days, final preparations are being made for the fourth Sovereignty Conference, which will be held on Sunday, the 16th of Tevet, February 12th, in conjunction with the periodical Basheva (and will be broadcast live on Arutz 7). In this conference as well, in which ministers, members of Knesset and public figures will take part, the various ideas of how to promote sovereignty will be presented. However, in contrast to previous conferences, in this conference, Matar and Katsover intend to outline a plan that will offer a first response to the challenges of sovereignty.
Palestinian leaders preach nonstop hatred of Jews and continually incite murderous violence against them. Palestinian schools teach children of every age that suicide martyrdom must be their highest goal. These attitudes are deeply ingrained in their culture, and getting their own state wonít change them. In fact, any Palestinian state would almost certainly be taken over by Hamas, whose charter explicitly calls for the death of all Jews everywhere.
The government of Israel has evacuated Amona Ė Does the Left or the world like us any better? Do they respect us more? Isnít it better to apply the law in Judea and Samaria, to absorb exactly the same condemnations that we get in any case, but to do it to rescue the Land of Israel and Amona as part of it?
Former US ambassador to the UN John Bolton, who reportedly had been a candidate for deputy secretary of state, published a poignant article in The Wall Street Journal last month in which he dubbed the two-state solution a deadend vision. Bolton claims that such an imaginary state with zero economic viability will harm not only Israel, but also the Palestinians themselves.
An Israeli public opinion poll, released on the eve of President Trumpís Inauguration, shows an overwhelming majority of Israelis are ready for sovereignty Ė now. The vast majority of the Israeli population would like to see Israeli sovereignty being applied over Judea and Samaria. Only seven percent of the public is interested in establishing a Palestinian state in these areas.
Given the new American Presidentís desire to actually cause the USA to prosper, and given the number of calls for breaking the regulatory strangle hold that some political bodies have on business and the community, I thought it might be worthwhile republishing this litte tale.
The point in providing these videos on behalf of the Clarion Project is to hopefully assist in getting the word out that the extreme liberal progressive ideology does not represent REALITY when dealing with the politically motivated fundamentalist Islamist plan.
Since 2004 he has been writing academic articles, social commentaries and photographic 'Stories from China' both here at KingsCalendar, and formerly as a contributing columnist at Magic City Morning Star News (Maine USA) where from 2009 to 2015 he was Stand-in Editor. He currently has a column at iPatriot.com and teaches English to Business English and Flight Attendant College Students in Suzhou City Jiangsu Province People's Republic of China.)
BenDedek originally created the site to publicize his research results into the Chronology of Ancient Israel. Those results were published under the title: 'The King's Calendar: The Secret of Qumran.' Whilst there have been many attempts to solve the chronological riddle of the Bible's synchronisms of reigns of the kings of Israel and Judah and their synchronism with other Ancient Near Eastern Nations, no other research is based on a simple mathematical formula which could, if it is incorrect, be disproved easily. To date, no one has been able to dismiss the mathematical results of this research.
Free to air Academic articles set forth Apologetics for and results of his discovery of an "artificial chronological scheme" running through the Bible, Josephus, the Damascus Documents of the Dead Sea Scrolls, and Seder Olam Rabbah. Check the Chapter Precis Page to see details of each chapter and to gain access to the Four Free to Air Chapters
(The Download book does not contain a section on Seder Olam)
Definition: King's Calendar Chronological Research
The Premise: Between the 5th and 3rd centuries BCE (but continuing down to at least 104 BCE), Sectarian redactors transcribed the legitimate 'solar year' chronological records of Israel and Judah, into an artificial form, with listed years as each comprised of 12 months of 4 weeks of 7 days, or 336 days per year, thus creating a 13th artificial year where 12 solar years existed.
When the Synchronous Chronological Data provided in the Books of Kings and Chronicles for the Divided Kingdom Period are measured in years of 336 days, the synchronisms actually align. [Refer to Appendix 5. to see how it synchronises the Divided Kingdom Period]