The current report recognizes an intermediate reality: At hand is a disputed territory; two entities hold it; none of the sides is considered an "occupier." There is disagreement regarding ownership, which needs to be clarified through different means, but there is no definition of "occupation" in the international legal sense of the word. Another dramatic point in the report is its stance on communities which were built without a government decision ("Unauthorized"). The report concludes that because their creation and development occurred with the knowledge, encouragement and agreement of the most senior government echelons, "this conduct must be considered to be 'authorization.'"
Committee to Examine the State of Construction in Judea and Samaria
The biggest news story of the week, perhaps of the year, slipped under the media radar yesterday: Edna Adato of Israel Hayom revealed the main points of a report drafted by the Committee to Examine the State of Construction in Judea and Samaria, headed by retired Supreme Court Justice Edmond Levi. The report touches upon the heart of the Israeli-Palestinian conflict and makes sense of the matter. One can say that the government received permission to toss attorney Talia Sasson's report on settlement outposts into the dustbin of history.
Levi's report concludes that Israel has the right to settle Jews in Judea and Samaria, and that it is incorrect to say that building settlements is illegal according to international law: "According to international law Israelis have the legal right to settle in all of Judea and Samaria, and at the very least in territories under Israeli control based on agreements with the Palestinian Authority; and therefore the creation of settlements in and of itself is not an illegal act."
The committee also concludes: "From the viewpoint of international law, statutes regarding the 'occupation' are inapplicable due to the special legal and historical circumstances regarding the decades-long Israeli presence in Judea and Samaria."
Since the 1970s, senior jurists in Israel and abroad have argued that Israel is completely within its rights to settle its citizens in Judea and Samaria. Among them are the President of the International Court of Justice in The Hague, Judge Stephen Schwebel; Prof. Elihu Lauterpacht of Cambridge University; and Prof. Eugene Rostow, the former Deacon at Yale's school of law, all of whom, along with others, have voiced their clear opinions in regards to Israel's just claim over Judea and Samaria within the historical and legal circumstances.
Since the Six-Day War, however, Israel has refrained from declaring the permanent status of the territories it won, excluding Jerusalem and the Golan Heights.
Into this vacuum Chief Justice Aharon Barak and others inserted the legal paradigm of "Belligerent Occupation," according to which military governance draws its authority from the rules of international law in territories that were won in war. The significance is that Israel is deemed, allegedly, to be a foreign occupier, and it doesn't have the right to apply its sovereignty over, or to move its civilian population into, those territories.
Some of the measures which hostile legal bodies have taken against the settlement enterprise in Judea and Samaria stemmed from this perception. These measures, which aimed at strangling the settlement enterprise, received justification from the State Prosecutor's Office due to its adoption of the Belligerent Occupation paradigm, despite the current government's many objections.
If the territories aren't occupied, the Left has argued over the years, they must be annexed, including the populations there. But the reality isn't a polar one, it is complex. The current report recognizes an intermediate reality: At hand is a disputed territory; two entities hold it; none of the sides is considered an "occupier." There is disagreement regarding ownership, which needs to be clarified through different means, but there is no definition of "occupation" in the international legal sense of the word.
A perception of Belligerent Occupation occurs when one country conquers the territories of another country. In our case, the last sovereign power was the British Mandate, which received its legitimacy from the League of Nations to create a national home for the Jews in the Land of Israel.
The Jordanian occupation was never recognized (aside from Britain and Pakistan), and Israel never conquered "Jordanian territory." Moreover, Jordan renounced its sovereignty over these territories toward the late 1980s.
Another dramatic point in the report is its stance on communities which were built without a government decision ("Unauthorized"). The report concludes that because their creation and development occurred with the knowledge, encouragement and agreement of the most senior government echelons, "this conduct must be considered to be 'authorization.'"
Therefore, "the act of eviction from these communities is impractical and a different solution must be found, such as compensation or alternative land offers. For this reason the committee has suggested to the state that it refrain from carrying out demolition orders in these communities, which it is in essence responsible for creating." If the government adopts the report's conclusions, it means that the folks working with Mike Blass over at the State Prosecutor's Office will no longer be able to deny, in the state's name, the existence of these communities and won't be able to advance their destruction through dry legal claims.
The government has taken a great step in the right direction on this matter, much to the chagrin of the enemies of the settlement enterprise, and to the joy of its supporters, comprising most of the Jewish population in Israel.
Now a world war will ensue against the report and against Levi.
All the old arguments and slandering tactics will be dusted off and put to use; left-wing organizations will enlist the help of their friends from across the globe, and the alienated juridical elite will fight against the most natural thing to us as a people: the return to our homeland, the cradle of our nationhood.
There is no need to become over-excited; this is exactly what this government was elected for. It is the will of most of the people, and it is also a historical decree.
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 won’t 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 – Does the Left or the world like us any better? Do they respect us more? Isn’t 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?
Latest KingsCalendar Editor Articles by R.P. BenDedek
I do apologize for the singing – mine – and by way of explanation, the reason that you hear me saying ‘hello’ (twice) is that a man told his son to say hello and when I decided to say ‘hello’ a lady walking passed me thought I had said it to her and so she also greeted me with ‘hello!’
Everyone is so concerned to be politically correct and so worried about being perceived racist, that they fail to see that in fact the true racists with the truly incorrect political agenda are the ones pointing the finger and doing the name calling. (In psychology it would be called reaction formation; the suppression of one impulse by the promotion of a counter impulse.)
Having met up with my pen friend we went ‘somewhere’ and there was this big open paved garden type area and there were platforms going nowhere which you ascended by climbing stairs. Through the middle of the paved courtyard-garden ran a little pond. I was fully aware of its existence but so focused was I on taking a good photo that I was walking while looking through the viewfinder of the camera. I fell straight into the pond.
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]