Another Method of Stealing Land From the Arabs

The theft of Arab land by Jewish settlers has been going on for over a century, but as Uri Zohar used to sing, 'Ha-rosh ha-yehudi mamzi lanu patentim" ("The yiddishe kopf invents new devices"), and I am always intrigued by the methods used to steal land belonging to individual Palestinians and the Palestinian people.

This land theft is at the heart of the Zionist enterprise and, in my opinion, will be the ultimate reason why that enterprise will fail. Call me a religious fanatic, but I believe that over the long term (sometimes a very long term), justice is done, especially when the injustice is blatant. I believe in a God of vengeance, and that God (through natural processes) uprights the apple cart when it has been overturned by the rotten apples. OK, so it didn't work with other native peoples. But who says that the crimes against the Native Americans will not come back to haunt America, until some modicum of justice is done?

But enough of theology.

This land grab method is rather simple: a settlement sees what lands it wishes to take over, allots the land to one of its members for land use, prevents the Arabs owner from cultivating the land, and then after a few years claims ownership of the land, on the grounds that it had not been cultivated by its Arab owners. Lack of cultivation was one of the tricks used by the infamous Peliah Albeck to declare private land "public land" and parcel it out to the yuppie community of Efrat.

Read about it here in Haaretz

Court case reveals how settlers illegally grab W. Bank lands

By Meron Rapoport

West Bank settlements have expanded their jurisdictions by taking control of private Palestinian land and allocating it to settlers. The land takeover - which the Civil Administration calls "theft" - has occured in an orderly manner, without any official authorization.

The method of taking over land is being publicized for the first time, based on testimony from a hearing on an appeal filed by a Kedumim resident, Michael Lesence, against a Civil Administration order to vacate 35 dunams (almost 9 acres) near the Mitzpe Yishai neighborhood of the settlement. Official records show the land as belonging to Palestinians from Kafr Qaddum.

Lesence's lawyer, Doron Nir Zvi, admitted at the hearing that the land in question was private Palestinian property. However, Lesence claims ownership on the grounds that he has been working the land for more than a decade, after he received it in an orderly procedure, complete with a signed agreement, from the heads of the Kedumim local council.

Affidavits from Civil Administration officials stated that Lesence began cultivating the land only in the past six months.

Attorneys Michael Sfard and Shlomi Zecharia, who represent the Palestinian landowners on behalf of Yesh Din - Volunteers for Human Rights, insist their clients continued to work the land, and that the army and settlers from Kedumim are denying their access to it.

Kedumim residents who testified before the board said that the Palestinian have no problem reaching their lands. However, a visit to the area reveals a different picture: The guard at Mitzpe Yishai announced that "it is forbidden to allow Arabs in" to the lands abutting the neighborhood. After the Palestinians approached their property on foot, an army patrol arrived and moved them off. When the commander was told they have Civil Administration documents proving they own the land, the commander replied: "Documents don't interest me."

The land-takeover method was developed in Kedumim and neighboring settlements during the mid-1990s, after the Oslo Accords, and continues to this day.

Zeev Mushinsky, the "land coordinator" at the Kedumim local council, testified as to how it works: Council employees, Mushinsky in this case, would map the "abandoned lands" around the settlements, even if they were outside the council's jurisdiction, with the aim of taking them over. The council would "allocate" the lands to settlers, who would sign an official form stating that they have no ownership claim on the m, and that the council is entitled to evict them whenever it sees fit, in return for compensating them solely for their investment in cultivating the land.

Kedumim's former security chief, Michael Bar-Neder, testified that the land "allocation" was followed by an effort to expand the settlement. Bar-Neder said that once the settlers seized the lands, an application would be made to the military commander to declare them state-owned, since under the law covering the West Bank, anyone who does not cultivate his land for three years forfeits ownership of it.

A Righteous Man in Sodom -- Dror Etkes.

Haaretz published a good piece today about how the West Bank settlers grab land and keep Palestinian villages from expanding.

Here is the Hebrew link:

http://www.haaretz.co.il/hasite/spages/879100.html

and here is the English link

http://www.haaretz.com/hasen/spages/878955.html

The article was written by Amos Harel, who has coauthored the definitive study of how Israel stole and continues to steal Palestinian land in the West Bank and Gaza.

Let me say off the bat that I can't stand Israelies who demonize the settlers. The immorality of the settlements attaches to the entire Israeli society, me included. I have nothing to say about the morality of the settlers, either, most of whom I put in the "captive children" category (captive of their post-Holocaust trauma and Zionist ideology). Of course, excusing doesn't mean exculpating.

Here is the lead:

"West Bank settlements have been allocated huge amounts of land, but use very little of it, according to a Peace Now report.

"Only nine percent of the area under settlement jurisdiction has been built on, and only 12 percent is being used at all, the report said, citing Civil Administration figures.

"But despite their huge unused land reserves, 90 percent of the settlements exceed their boundaries, and about one-third of the territory they do use lies outside their jurisdiction, the report added.

"The findings attest to the government's ongoing cooperation with the settlements' expansion, Peace Now charged: On one hand, the state earmarks huge tracts for the settlements, out of all all proportion to their size, in order to prevent Palestinian construction in those areas. Yet once an area is closed to Palestinians, the settlers begin seizing adjacent Palestinian lands, often privately owned, that lie outside their jurisdiction."

You know, there is a famous midrash brought by Rashi in the beginning of his commentary on Torah, in which the nations of Canaan accuse the Israelites of stealing the land. "You are listim (thieves)." Now, had the Jews written that midrash today, they would have said thinks like, "No, this is not stealing at all...actually, these territories are disputed; we are administering them; we are able to do things for the benefit of the settlers because of the Fourth Geneva Convention which allows us to do things for the benefit of the inhabitants (even though, technically speaking, it doesn't apply); anyway, we build settlements on public land; the Palestinians themselves have lots of illegal building." Yada, yada, yada.

All the above is crapola. The only real justification I understand is what the Midrash answers: "The earth belongs to the Lord. He decides to whom he can give it. He gave it to you; he can give it to us." (By the way, I wonder what the nations responded to that.)

In other words, if the "Pals" don't like it, they can go to hell, or to Detroit, whichever they prefer. (No anti-Detroit jokes.)

But Israel can't say that, right? And so they have to lie, they have to steal through deception, and they have to do it quietly, so the world -- and even the Israelis -- don't know.

That is why Dror Etkes is one of my heroes. He doesn't sit in Tel-Aviv and kvetch on Shenkin St. He and Hagit Ofran, who is taking over from him, know every piece of land being stolen from the Palestinians in Eretz Yisrael. The evil done in the West Bank can only be done in the dark, like ganavim be-layla.

Will publicizing this stuff succeed? To me, that's not the point. The point is that, like my hero Magnes, he stands up and denounces the immorality and the arrogance of power.