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'''Migron ''' ({{lang-he|מגרון}}) is an unauthorized<ref name = "JPMarch252012" /> [[Israeli outpost]] in the [[West Bank]]. Located 14 kilometers north of [[Jerusalem]], it falls under the jurisdiction of the [[Mateh Binyamin Regional Council]]. It is the largest outpost of its kind, with a population of 300.<ref name="HCJ-ruling-Haaretz"/> The council says it was founded in 1999 and re-founded in 2001,<ref>{{cite web| url=http://www.binyamin.org.il/eng/?CategoryID=254 | title=Profile Migron| fist=| last=| publisher=Mateh Binyamin Regional Council| work=| date=| page=| accessdate=29 November 2011}}</ref> on land registered before 1967 by the villagers of [[Burqa]].<ref>[[Amira Hass]], [http://www.haaretz.com/news/national/migron-s-palestinian-neighbors-waiting-to-see-if-they-get-land-back-1.420878 Migron’s Palestinian neighbors waiting to see if they get land back'], at [[Haaretz]] 27 March, 2012.</ref>The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this.<ref name="BBC_GC4">{{cite web |url=http://news.bbc.co.uk/2/hi/middle_east/1682640.stm |title=The Geneva Convention |publisher=[[BBC News]] |date=10 December 2009 |accessdate=27 November 2010 }}</ref>
'''Migron ''' ({{lang-he|מגרון}}) is an unauthorized<ref name = "JPMarch252012" /> [[Israeli outpost]] in the [[West Bank]]. Located 14 kilometers north of [[Jerusalem]], it falls under the jurisdiction of the [[Mateh Binyamin Regional Council]]. It is the largest outpost of its kind, with a population of 300.<ref name="HCJ-ruling-Haaretz"/> The council says it was founded in 1999 and re-founded in 2001,<ref>{{cite web| url=http://www.binyamin.org.il/eng/?CategoryID=254 | title=Profile Migron| fist=| last=| publisher=Mateh Binyamin Regional Council| work=| date=| page=| accessdate=29 November 2011}}The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this.<ref name="BBC_GC4">{{cite web |url=http://news.bbc.co.uk/2/hi/middle_east/1682640.stm |title=The Geneva Convention |publisher=[[BBC News]] |date=10 December 2009 |accessdate=27 November 2010 }}</ref>


Responding to a petition filed in 2006 by [[Peace Now]], Israel's [[Supreme Court of Israel#High Court of Justice|High Court of Justice]] ruled on 2 August 2011 that Migron was illegally built on lands belonging to Palestinians and ordered Israel to dismantle the outpost by April 2012.<ref>{{cite news |title=Israel's Supreme Court orders state to dismantle largest West Bank outpost |author=Chaim Levinson 02.08.11 |url=http://www.haaretz.com/news/diplomacy-defense/israel-s-supreme-court-orders-state-to-dismantle-largest-west-bank-outpost-1.376583 |newspaper=[[Haaretz]] |date=2 August 2011 |accessdate=25 March 2012}}</ref> The [[Israeli government]] decided not to obey the court order, and instead pursued an agreement with the settlers that gave them time to delay the move until 30 November 2015. However, on 25 March 2012 the High Court reaffirmed its earlier ruling and ordered the [[Israel Defense Forces|IDF]] to evacuate Migron by 1 August 2012, while making clear that this court ruling is an obligation, not a choice.<ref name = "JPMarch252012" >{{cite news |title=Court says Migron must be evacuated by August 1 |author=Tovah Lazaroff, Joanna Paraszcuk |url=http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=263338 |newspaper=[[The Jerusalem Post]]|quote=As the state has made clear, no body is authorized to permit the establishment of a settlement on private land|date= |accessdate=March 25, 2012}}</ref>
Responding to a petition filed in 2006 by [[Peace Now]], Israel's [[Supreme Court of Israel#High Court of Justice|High Court of Justice]] ruled on 2 August 2011 that Migron was illegally built on lands belonging to Palestinians and ordered Israel to dismantle the outpost by April 2012.<ref>{{cite news |title=Israel's Supreme Court orders state to dismantle largest West Bank outpost |author=Chaim Levinson 02.08.11 |url=http://www.haaretz.com/news/diplomacy-defense/israel-s-supreme-court-orders-state-to-dismantle-largest-west-bank-outpost-1.376583 |newspaper=[[Haaretz]] |date=2 August 2011 |accessdate=25 March 2012}}</ref> The [[Israeli government]] decided not to obey the court order, and instead pursued an agreement with the settlers that gave them time to delay the move until 30 November 2015. However, on 25 March 2012 the High Court reaffirmed its earlier ruling and ordered the [[Israel Defense Forces|IDF]] to evacuate Migron by 1 August 2012, while making clear that this court ruling is an obligation, not a choice.<ref name = "JPMarch252012" >{{cite news |title=Court says Migron must be evacuated by August 1 |author=Tovah Lazaroff, Joanna Paraszcuk |url=http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=263338 |newspaper=[[The Jerusalem Post]]|quote=As the state has made clear, no body is authorized to permit the establishment of a settlement on private land|date= |accessdate=March 25, 2012}}</ref>
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===Land ownership===
===Land ownership===
According to the Israeli organisation [[Peace Now]], most of the land Migron sits on is owned by a number of Palestinian families living in the nearby villages of [[Burqa, Ramallah|Burqa]] and [[Deir Dibwan]].<ref name="MigronPetion"> {{cite web | url=http://peacenow.org.il/eng/content/migron-petition | title=The Migron Petition | publisher=Peace Now | date=October 2006 | accessdate=29 November 2011}}</ref> In July 2008, additional questions were raised as to the ownership of some of the land that Migron stands on. According to a news report, Abd Allatif Hassan Sumarin, who supposedly sold a plot of land to Binyamin Regional Council owned Al Wattan Ltd in 2004, had been dead since 1961.<ref>{{cite web| url=http://www.haaretz.com/hasen/spages/999615.html | title=Murky dealings over Migron| first=Uri| last=Blau| publisher=| work=Haaretz| date=8 July 2008 | pages=| accessdate=29 November 2011}}</ref> These suspicions were later confirmed by an [[Associated Press]] investigation.<ref>{{cite news|first=Matti |last=Friedman| title=AP IMPACT: West Bank land deal leads to California|url=http://au.ibtimes.com/articles/20081219/ap-impact-west-bank-land-deal-leads-to-california.htm|newspaper=International Business Times|date=19 December 2008|accessdate=21 August 2011}}</ref>
According to the Israeli organisation [[Peace Now]], most of the land Migron sits on is owned by a number of Palestinian families living in the nearby villages of [[Burqa, Ramallah|Burqa]] and [[Deir Dibwan]].<ref name="MigronPetion"> {{cite web | url=http://peacenow.org.il/eng/content/migron-petition | title=The Migron Petition | publisher=Peace Now | date=October 2006 | accessdate=29 November 2011}}</ref> In July 2008, additional questions were raised as to the ownership of some of the land that Migron stands on. According to a news report, Abd Allatif Hassan Sumarin, who supposedly sold a plot of land to Binyamin Regional Council owned Al Wattan Ltd in 2004, had been dead since 1961.<ref>{{cite web| url=http://www.haaretz.com/hasen/spages/999615.html | title=Murky dealings over Migron| first=Uri| last=Blau| publisher=| work=Haaretz| date=8 July 2008 | pages=| accessdate=29 November 2011}}</ref>.</ref>.According to the head council the land was registered before 1967 by the villagers of [[Burqa]].<ref>[[Amira Hass]], [http://www.haaretz.com/news/national/migron-s-palestinian-neighbors-waiting-to-see-if-they-get-land-back-1.420878 Migron’s Palestinian neighbors waiting to see if they get land back'], at [[Haaretz]] 27 March, 2012.</ref> These suspicions were later confirmed by an [[Associated Press]] investigation.<ref>{{cite news|first=Matti |last=Friedman| title=AP IMPACT: West Bank land deal leads to California|url=http://au.ibtimes.com/articles/20081219/ap-impact-west-bank-land-deal-leads-to-california.htm|newspaper=International Business Times|date=19 December 2008|accessdate=21 August 2011}}</ref>


In January 2012, the Jerusalem Magistrate’s Court accepted the request by Palestinian plaintiffs to withdraw a civil suit filed in 2008 claiming ownership of the land.<ref name=jp20120119/> They were ordered them to compensate Migron residents and the State for court costs.<ref name=jp20120119/> Migron’s attorney Amir Fischer claimed the Palestinians did not provide any evidence that they owned the land and withdrew their claim at the moment in the process when they had to provide proof of land ownership.<ref name=jp20120119/> Both Shlomy Zachary who represents the Palestinians along with attorney Michael Sfard, on behalf of Yesh Din, said that the opposite was true.<ref name=jp20120119/> Zachary said the fact that the withdrawal came at the point in the legal process where proof of ownership was required was coincidental, and both claimed that proof of ownership had already been provided.<ref name=jp20120119/> They cited the Magistrate’s Court's decision, which said "There is no basis to the claim that the plaintiff’s lack evidence to prove their rights to the land" and claimed that the suit was withdrawn because Israel's High Court of Justice had subsequently decided to destroy the outpost.<ref name=jp20120119/> Fischer opposed the permission to withdraw the suit and wanted the court to force the Palestinians to prove their claim.<ref name=jp20120119>{{cite web |url=http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=254390 |title=Palestinians must compensate Migron settlers |publisher=[[The Jerusalem Post]] |date=19 January 2012 |accessdate=19 January 2012 }}</ref>
In January 2012, the Jerusalem Magistrate’s Court accepted the request by Palestinian plaintiffs to withdraw a civil suit filed in 2008 claiming ownership of the land.<ref name=jp20120119/> They were ordered them to compensate Migron residents and the State for court costs.<ref name=jp20120119/> Migron’s attorney Amir Fischer claimed the Palestinians did not provide any evidence that they owned the land and withdrew their claim at the moment in the process when they had to provide proof of land ownership.<ref name=jp20120119/> Both Shlomy Zachary who represents the Palestinians along with attorney Michael Sfard, on behalf of Yesh Din, said that the opposite was true.<ref name=jp20120119/> Zachary said the fact that the withdrawal came at the point in the legal process where proof of ownership was required was coincidental, and both claimed that proof of ownership had already been provided.<ref name=jp20120119/> They cited the Magistrate’s Court's decision, which said "There is no basis to the claim that the plaintiff’s lack evidence to prove their rights to the land" and claimed that the suit was withdrawn because Israel's High Court of Justice had subsequently decided to destroy the outpost.<ref name=jp20120119/> Fischer opposed the permission to withdraw the suit and wanted the court to force the Palestinians to prove their claim.<ref name=jp20120119>{{cite web |url=http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=254390 |title=Palestinians must compensate Migron settlers |publisher=[[The Jerusalem Post]] |date=19 January 2012 |accessdate=19 January 2012 }}</ref>

Revision as of 15:06, 27 March 2012

Migron
Template:Hebrew
CountryIsrael
DistrictJudea and Samaria Area
CouncilMateh Binyamin
RegionWest Bank
Founded1999 (re-founded in 2001)

Migron (Hebrew: מגרון) is an unauthorized[1] Israeli outpost in the West Bank. Located 14 kilometers north of Jerusalem, it falls under the jurisdiction of the Mateh Binyamin Regional Council. It is the largest outpost of its kind, with a population of 300.[2] The council says it was founded in 1999 and re-founded in 2001,Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Responding to a petition filed in 2006 by Peace Now, Israel's High Court of Justice ruled on 2 August 2011 that Migron was illegally built on lands belonging to Palestinians and ordered Israel to dismantle the outpost by April 2012.[3] The Israeli government decided not to obey the court order, and instead pursued an agreement with the settlers that gave them time to delay the move until 30 November 2015. However, on 25 March 2012 the High Court reaffirmed its earlier ruling and ordered the IDF to evacuate Migron by 1 August 2012, while making clear that this court ruling is an obligation, not a choice.[1]

Geography

Migron nursery school

Migron is located 14 kilometers north of Jerusalem in the northern Binyamin, 7.7 km east of the Green line, outside of the Separation Barrier. It falls under the jurisdiction of the Mateh Binyamin Regional Council.[4] It is situated on a dominant hilltop over Highway 60, the main road that connects the northern West Bank with the southern areas, between the settlement Ofra and the Shaar Binyamin Industrial Park.

Etymology

Migron is named after the village Migron mentioned in the Hebrew Bible in Isaiah 10:28 as a village somewhere on the route between Ai and Mikhmas along which the Assyrian army advanced.[5][6]

History

According to the Mateh Binyamin Regional Council, Migron was founded in 1999 and re-established in 2001.[7]Now the largest unauthorized settlement in the West Bank, it has a population of 300 living in 60 mobile homes. [2][8]On 2 August 2011, the Israeli Supreme Court issued a ruling ordering Migron to be dismantled by April 2012.[2]

According to the Sasson Report, Migron was established in April 2002, a few days before Operation Defensive Shield. A request for a cellular radio tower on the hilltop was granted by Israel Defense Forces although ownership of the land was then still in dispute.[9] Some time later, five caravans were placed near the radio tower. These caravans had no authorization but no order was was given to remove them. According to the report, the infrastructure for Migron was financed by the Housing Ministry at the cost of NIS four million NIS, despite the lack of statutory planning or a cabinet decision approving the construction.[9]

Migron caravans, 2008

Land ownership

According to the Israeli organisation Peace Now, most of the land Migron sits on is owned by a number of Palestinian families living in the nearby villages of Burqa and Deir Dibwan.[10] In July 2008, additional questions were raised as to the ownership of some of the land that Migron stands on. According to a news report, Abd Allatif Hassan Sumarin, who supposedly sold a plot of land to Binyamin Regional Council owned Al Wattan Ltd in 2004, had been dead since 1961.[11].</ref>.According to the head council the land was registered before 1967 by the villagers of Burqa.[12] These suspicions were later confirmed by an Associated Press investigation.[13]

In January 2012, the Jerusalem Magistrate’s Court accepted the request by Palestinian plaintiffs to withdraw a civil suit filed in 2008 claiming ownership of the land.[14] They were ordered them to compensate Migron residents and the State for court costs.[14] Migron’s attorney Amir Fischer claimed the Palestinians did not provide any evidence that they owned the land and withdrew their claim at the moment in the process when they had to provide proof of land ownership.[14] Both Shlomy Zachary who represents the Palestinians along with attorney Michael Sfard, on behalf of Yesh Din, said that the opposite was true.[14] Zachary said the fact that the withdrawal came at the point in the legal process where proof of ownership was required was coincidental, and both claimed that proof of ownership had already been provided.[14] They cited the Magistrate’s Court's decision, which said "There is no basis to the claim that the plaintiff’s lack evidence to prove their rights to the land" and claimed that the suit was withdrawn because Israel's High Court of Justice had subsequently decided to destroy the outpost.[14] Fischer opposed the permission to withdraw the suit and wanted the court to force the Palestinians to prove their claim.[14]

According to Arutz Sheva (Israel National News), by February 26, 2012, not all claims of ownership of the land of Migron are settled. The state of Israel said that "(..) there will be no civilian presence at the present site of Migron until the claims of ownership of the land are all settled. In addition, it insists that all buildings at the site be razed and says that only if it turns out that the land has no private owner can they be rebuilt."[15] The new settlement will be near Yekev (winery) about two kilometers away from Migron, and the families must only move after completion of its construction.[16]

Evacuation orders

Ariel Sharon announced that Migron would be dismantled in 2003.[17] On 17 December 2006, the Israeli government, responding to a petition from Peace Now and residents of Burqa and Deir Dibwan, conceded that the establishment of Migron had not received official authorization. On 12 February 2007, the Israeli High Court of Justice ordered the government to submit a report within 60 days on steps that would be taken to remove the outpost. On 1 May 2007, the government told the court that Prime Minister Ehud Olmert had instructed the Defence Ministry to prepare an evacuation plan within the next two months. A 60-day extension was requested.[10] On 8 July 2007, the government requested a further 90-day extension so that the new Minister of Defence, Ehud Barak, could formulate his position on the issue.[10]

On 23 January 2008, the government informed the court that “The Prime Minister and Defense Minister have decided that the outpost Migron, which was constructed on Private Palestinian land, will be evacuated within six months, that is until the beginning of August 2008”. In addition the statement also expresses that the Defense Ministry reserves the right to “request from the Supreme Court an extension on this date, if it deems necessary”.[18] The promise was accepted by the Supreme Court on 6 February 2008. On 13 August 2008, the government declared that the Yesha Council had agreed to decide within 30 days to which location to transfer the outpost,[19] on November 24 2008 the government signed an agreement with the settlers to remove the outpost to the settlement of Geva Binyamin. On November 26, the Supreme Court ordered the government to explain within 45 days why it didn't remove the outpost.[10]

2008 Yom Haatzmaut celebration at Migron

In her summation Supreme Court President Dorit Beinisch criticized the State “Today you are submitting papers full of promises, but without any knowledge of who will actually see this through in 3 years time, your statements have turned into meaningless words. In your statements you have revealed some of your secrets: you explain how the evacuation will be carried out, but you never actually say that it will be carried out”. On 2 February 2009 the government responded with the declaration that they intend to construct a new neighbourhood in an existing settlement for the evacuees of the Migron outpost. On 28 June 2009, the government submitted an affidavit to the courts, according to which the Ministry of Defense authorized the construction of a new neighborhood in the existing settlements of Geva Binyamin. The construction would include 50 housing units for the evacuees of Migron and another 1,450 units for new settlers.[10]

Supreme Court ruling

On 2 August 2011, in response to a petition filed by Peace Now along with Palestinians, Israel's Supreme Court issued a ruling ordering the state to dismantle the outpost by April 2012.[2] Supreme Court president Dorit Beinisch wrote: “There is no doubt that according to the law a settlement cannot be built on land privately owned by Palestinians”.[8] It is the first time the Supreme Court has ordered the state to dismantle an outpost in the West Bank.[2] The ruling was denounced by several Members of Knesset, including Tzipi Hotovely (Likud), who called it “hypocritical”,[20] and Moshe Feiglin (Likud), who accused the Supreme Court of denying Jewish land rights.[21] The Yesha Council accused the court of applying a double standard and of needlessly inflaming tensions.[22] The Israeli newspaper Haaretz called the ruling “one of the most serious indictments ever filed against Israel's political establishment, legal system and security apparatus”.[23]

The Israeli government decided not to obey the court order, and instead pursued an agreement with the settlers that gave them time to delay the move until 30 November 2015. However, on 25 March 2012 the High Court reaffirmed its earlier ruling and ordered the IDF to evacuate Migron by 1 August 2012, while making clear that this court ruling is an obligation, not a choice. Knesset Speaker Reuven Rivlin (Likud) held out the possibility of legislation which would nullify the court's decision.[1]

Yesh Din petition

In early September 2011, a force of approximately one thousand police officers destroyed three illegal permanent structures in Migron,[24] arresting six youths among the 200 protesting settlers.[24] The three buildings were ordered to be destroyed by the Supreme Court, following a petition issued by the Israeli human rights group Yesh Din. In response to it, it is alleged that settlers set a mosque in the West Bank village of Qusra, south of Nablus, on fire.[25]

References

  1. ^ a b c Tovah Lazaroff, Joanna Paraszcuk. "Court says Migron must be evacuated by August 1". The Jerusalem Post. Retrieved March 25, 2012. As the state has made clear, no body is authorized to permit the establishment of a settlement on private land
  2. ^ a b c d e Levinson, Chaim (2 August 2011). "Israel's Supreme Court orders state to dismantle largest West Bank outpost". Haaretz. Retrieved 2 August 2011.
  3. ^ Chaim Levinson 02.08.11 (2 August 2011). "Israel's Supreme Court orders state to dismantle largest West Bank outpost". Haaretz. Retrieved 25 March 2012.{{cite news}}: CS1 maint: numeric names: authors list (link)
  4. ^ Shragai, Nadav (7 February 2008). "Migron founders: Gov't okayed, funded settlement". Haaretz. Retrieved 29 November 2011.
  5. ^ Isaiah 10 / Hebrew - English Bible / Mechon-Mamre
  6. ^ Carl Friedrich Keil (1857 Digitized 21 Sep 2007) Translated by James Martin Commentary on the Book of Joshua p.181
  7. ^ "Profile Migron". Mateh Binyamin Regional Council. Retrieved 29 November 2011. {{cite web}}: Cite has empty unknown parameter: |fist= (help)
  8. ^ a b Greenberg, Joel (4 August 2011). "Israeli outpost ordered removed". The Sydney Morning Herald. Retrieved 29 November 2011.
  9. ^ a b Sasson, Talya. "The Sasson Report" (PDF) (in Hebrew). pp. 105–107. Retrieved 29 November 2011.
  10. ^ a b c d e "The Migron Petition". Peace Now. October 2006. Retrieved 29 November 2011.
  11. ^ Blau, Uri (8 July 2008). "Murky dealings over Migron". Haaretz. Retrieved 29 November 2011.
  12. ^ Amira Hass, Migron’s Palestinian neighbors waiting to see if they get land back', at Haaretz 27 March, 2012.
  13. ^ Friedman, Matti (19 December 2008). "AP IMPACT: West Bank land deal leads to California". International Business Times. Retrieved 21 August 2011.
  14. ^ a b c d e f g "Palestinians must compensate Migron settlers". The Jerusalem Post. 19 January 2012. Retrieved 19 January 2012.
  15. ^ Ronen, Gil. "Government Reneges on Migron". Arutz Sheva. Retrieved 27 February 2012.
  16. ^ Ronen, Gil. "Agreement Reached on Migron". Arutz Sheva. Retrieved 27 February 2012.
  17. ^ Shuman, Ellis (17 December 2003). "Settlers prepare for "last stand" at unauthorized Migron outpost". Israelinsider.com. Retrieved 29 November 2011.
  18. ^ Yoaz, Yuval (23 January 2008). "State: Migron outpost to be evacuated within six months". Haaretz. Retrieved 29 November 2011.
  19. ^ Lazaroff, Tovah (7 August 2008). "Settlers leaders to vote on moving Migron outpost". Jerusalem Post. Retrieved 29 November 2011.
  20. ^ "Hotovely on Supreme Court 'Hypocrisy'". Arutz Sheva. 2 August 2011. Retrieved 3 August 2011. 'The Supreme Court's decision is hypocritical and reflects a lack of equality before the law,' she said.
  21. ^ "Feiglin: No Arab Land in Migron". Arutz Sheva. 2 August 2011. Retrieved 29 November 2011. 'The High Court's decision stems from a world view that rejects the right of Jews to their land, simply because they are Jews.'
  22. ^ Glickman, Aviad (2 August 2011). "High Court orders Migron eviction by 2012". Ynetnews. Retrieved 29 November 2011. A Yesha Council statement denounced the court's ruling: 'The High Court of Justice never misses a chance to rule against the Jewish settlement and throw a match on a powder keg needlessly.'
  23. ^ "The Migron test". Haaretz. 4 August 2011. Retrieved 29 November 2011.
  24. ^ a b Levinson, Chaim (5 September 2011). "Israel demolishes three illegal houses in West Bank outpost, six arrested". Haaretz. Retrieved 29 November 2011.
  25. ^ Levinson, Chaim; Issacharoff, Avi (5 September 2011). "Settlers set fire to West Bank mosque after Israel demolishes illegal structures in Migron". Haaretz. Retrieved 29 November 2011.
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