High Court: Pullout legal, Gaza not part of Israel

[sharonbn]

An expanded panel of the High Court on Thursday upheld the government's plan to withdraw from Gaza and parts of the West Bank, removing a major legal obstacle to the pullout.

The 11-judge panel headed by Chief Justice Aharon Barak also determined that "Judea and Samaria [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel."

The panel rejected 12 petitions by opponents to the withdrawal from all Gaza Strip and four West Bank settlements, ruling the pullout can go ahead as planned and does not violate the settlers' human rights.



http://www.haaretz.com/hasen/spages/586419.html

[Gilgamesh]

An expanded panel of the High Court on Thursday upheld the government's plan to withdraw from Gaza and parts of the West Bank, removing a major legal obstacle to the pullout.

The 11-judge panel headed by Chief Justice Aharon Barak also determined that "Judea and Samaria [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel."

The panel rejected 12 petitions by opponents to the withdrawal from all Gaza Strip and four West Bank settlements, ruling the pullout can go ahead as planned and does not violate the settlers' human rights.



http://www.haaretz.com/hasen/spages/586419.html

As soon as the judges finshed they sentence, each pulled out a little red flag with a yellow sickle and hammer. No body of right mind, would think differently about the courts.

Israel is the only country in the world, where judges appoint each other to possitions, and all the judges are in fact belong to one extended family. The high court Hammula are know for their anti Zionist opinions.

[Ophra]

As soon as the judges finshed they sentence, each pulled out a little red flag with a yellow sickle and hammer. No body of right mind, would think differently about the courts.

Israel is the only country in the world, where judges appoint each other to possitions, and all the judges are in fact belong to one extended family. The high court Hammula are know for their anti Zionist opinions.

Absolute rubbish .... why don't you all go create your own State seeing how nothing is right with the one we have ????

This is an important decision and not to be trivialised ....

"" The verdict also noted that the lands of the West Bank and Gaza Strip are not legally included within the borders of the State of Israel, and Israel does not have jurisdiction over these territories. ""

[SjocoSjon]

http://www.comnix.nl/june09gaza.html

[Gilgamesh]

Absolute rubbish .... why don't you all go create your own State seeing how nothing is right with the one we have ????

Fear the day we will make good use of your suggestion. We will leave you under an "enlighted" Arab ragime, so you could feel good as advanced and as progressive as you wish...

"" The verdict also noted that the lands of the West Bank and Gaza Strip are not legally included within the borders of the State of Israel, and Israel does not have jurisdiction over these territories. ""

Seems the court is picky about when to impose his jurastiction in the territories and when to ignore... typical double standards.

[Mediocrates]

http://www.comnix.nl/june09gaza.html

How charming next thing ya know the EU will declare that Israeli body parts raining down from the sky is an illegal deposting of toxic waste too.

[minusthejihad]

http://www.comnix.nl/june09gaza.html

whatever dude

[Mediocrates]

I wonder though under what jurisdiction your courts imagine they can enforce the right to do or not do something to the people who are there? If the state has no legitimate jursidiction then it would appear to be a sort of legal no man's land in Gaza. Does that mean that according to the court's ruling you would have to evacuate the IDF and only the IDF immediately? Does that mean that you must sever utilities; water, gas, power and sewer immediately? It would appear so since only the jurisdiction is illegal and not civilians who happen to live there. I particularly like the 'seized during warfare' part since that would tend to void, by there own definition any enlargment to Israel after 1947. I would suggest that if you have any property in Jerusalem you put it up for sale soon. Here ya go - the new Israel

http://www.jewishvirtuallibrary.org/...y/partmap.html

[varian]

The weaponry that can now be employed by Arab states against Israel is far more deadly than what could be employed in the late 1940's. Both the Gaza and Golan are essential to the security of Israel in this new century. It is a very dangerous move to give these areas up for some "political" solution.

[Mediocrates]

Does the Israeli legal system have any notion of case law or precident or 'constitutionality' such as it is? Or do they just pull decisions out of their ears?

[SteveK]

Absolute rubbish .... why don't you all go create your own State seeing how nothing is right with the one we have ????

This is an important decision and not to be trivialised ....

"" The verdict also noted that the lands of the West Bank and Gaza Strip are not legally included within the borders of the State of Israel, and Israel does not have jurisdiction over these territories. ""

Hi Ophra:

Based on our current land holdings, I assume that the following prophecy was
fulfilled:

Zechariah (2:16)

... HASHEM will take Judah as His heritage, His portion upon the Holy Land, and He will choose Jerusalem again. ...

The fulfillment of this prophecy seems to be a very decisive milestone for some next events in the future as revealed by Zechariah (2:14 - 4:7).

By the way, this section of Zechariah (2:14 - 4:7) is the upcoming HafTarah
to be read on the Shabbat of June 18, 2005.

[varian]

The 11-judge panel headed by Chief Justice Aharon Barak also determined that "Judea and Samaria [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel."
http://www.haaretz.com/hasen/spages/586419.html[/url]

This would mean Israel ceding all rights to Jerusalem as well, wouldn't it? This can't be considered a serious option, can it? Give up the secure areas of Gaza and Golan, and then rip the heart and soul (Jerusalem) from Israel - it seems that Israel will cease to be Israel. What's next; free tickets to Auschwitz???

[Carmi]

The weaponry that can now be employed by Arab states against Israel is far more deadly than what could be employed in the late 1940's. Both the Gaza and Golan are essential to the security of Israel in this new century. It is a very dangerous move to give these areas up for some "political" solution.

Gaza isnt exactly essential to the security of Israel--we can live without it. Basically the only security issue you would face is terrorists could use it as a platform for launching attacks and stockpile weapons closer to Israel. Dont get me wrong though, Im against the pullout.
The West Bank is the most strategically important mass of the area, it is the high ground of Israel and quassams launched from it can reach most of Tel Aviv, and the SA-7 would be in range of Ben-Gurion Airport. Next of course would be the Golan, because it looks down upon Israels interior. I believe you could live without the Golan if you had the West Bank, but theres no way I would advocate giving it up in exchange for "peace" with Syria.

[FOGOMAINS]

Gaza isnt exactly essential to the security of Israel--we can live without it. Basically the only security issue you would face is terrorists could use it as a platform for launching attacks and stockpile weapons closer to Israel. Dont get me wrong though, Im against the pullout.
The West Bank is the most strategically important mass of the area, it is the high ground of Israel and quassams launched from it can reach most of Tel Aviv, and the SA-7 would be in range of Ben-Gurion Airport. Next of course would be the Golan, because it looks down upon Israels interior. I believe you could live without the Golan if you had the West Bank, but theres no way I would advocate giving it up in exchange for "peace" with Syria.

I hope that Israel will not give up WB and the Golan. You are right, these areas will be used for terrorists activities only. Negotiations with Arabs and especially the PA are useless. They never kept agrrements.

[eyl]

Seems the court is picky about when to impose his jurastiction in the territories and when to ignore... typical double standards.

The Court ruled in accordance with Israeli law - since Israel never annexed the West Bank or Gaza (unlike Jerusalem and the Golan), they are not - by Israeli law - Israeli territory (note that the decision distinguishes between annexed and non-annexed territory)