The JPOST Article Headline Reads:
The IDF’s Judicial Empire in Judea and Samaria
by Moshe Dann
What Does This Mean?
Israel cannot claim to be a democracy as long as nearly a half-million of its citizens are under the IDF’s anti-settlement judicial dictatorship.
In response to calls from the international community and anti-Israel organizations to “end the occupation,” referring to the presence of Jews in Area C of Judea and Samaria, aka “the settlers,” supporters of Israel respond: “We are not occupying someone else’s land; this land belongs to Israel and the Jewish people by law and by history.”
But the IDF’s judicial system in Area C, aka “the occupied territories,” which represents the state, composed of the Military Advocate General (MAG), the IDF Prosecutor’s Office, and the Civil Administration takes a position in line with Israel’s critics and the international community. As MAG’s website states, Area C, in which all settlements are located, is “subject to belligerent occupation,” which means “the occupation of territory belonging to another country.”
The young soldier recruits are being held hostage by the Military Advocate General, the IDF Prosecutor’s Office and the Civil Administration on one hand, and their moral courage and defense of Israeli citizens on the other hand.
"MAG’s decisions have led directly and indirectly to the murder of Israeli Jews"
Israel’s High Court also takes the position that Israel is in “belligerent occupation” of the “occupied territories.” Although it maintains that the status of the territories is unclear, it has never ruled on the question. This issue is examined by Prof. David Kretzmer, in his study, “The law of belligerent occupation in the Supreme Court of Israel” (International Review of the Red Cross, 2012).
"To whom, then, does Judea and Samaria belong?""MAG applies Jordanian Law"
[…] Jordan invaded Judea and Samaria in 1948 as part of genocidal war against the newly established state, committed war crimes and established an illegal and brutal regime that was not recognized by the international community.
[…] MAG decided that Jordanian law prevails in Area C, as it does in the Palestinian Authority-controlled areas. MAG’s decisions not only deny the rights of the Jewish people to their homeland, they seem to be contrary to what most of the Israeli government believes.
[…] In the absence of a government decision to extend Israeli law to Area C, therefore, the “rule of law” is whatever MAG and the High Court decide. MAG has sole and exclusive power and jurisdiction and it dictates what rules apply in disputes over land ownership.
Ironically, even bizarrely, the IDF’s legal system in Area C, the High Court and thus the Israeli government are legitimizing the claim that Israel is occupying Palestinian territory, and that Israelis/Jews are stealing private Palestinian land.
"When cases are brought against Jewish farmers, homeowners, or even IDF security measures, MAG provides misinformation to the High Court, which orders the destruction of Jewish property and changes in security infrastructure."
[…] Instead of protecting Jews, MAG seeks to destroy Jewish property and Jewish communities, such as Amona and parts of Ofra, while promoting fraudulent and non-existent Arab land claims. MAG squanders millions on destroying Jewish property, while allowing Arabs and Beduin to take over state-owned land, aided by the European Union and other anti-Israel organizations. The IDF’s legal system in Judea and Samaria is directed by high-ranking officers who oppose the settlement movement.
"We are being stabbed in the back by our own."
"We need to 'drain this swamp.'”
Read the full article HERE
In my post on Amona, An Assessment … of Private Land (from Regavim), I outlined Six Errors of the establishment concerning the governance of the Land. The above article on the IDF MAG lays out the anti-Israel strategy to destroy ….
Read more about Regavim HERE and HERE and HERE.
The Philosophical Division is between the Israelis who go by the International Anti-Israel UN Nations vs. the Israelis who abide by the First Rashi in the Chumash:
"In the beginning: Said Rabbi Isaac: It was not necessary to begin the Torah except from “This month is to you,” (Exod. 12:2) which is the first commandment that the Israelites were commanded, (for the main purpose of the Torah is its commandments, and although several commandments are found in Genesis, e.g., circumcision and the prohibition of eating the thigh sinew, they could have been included together with the other commandments). Now for what reason did He commence with “In the beginning?” Because of [the verse] “The strength of His works He related to His people, to give them the inheritance of the nations” (Ps. 111:6). For if the nations of the world should say to Israel, “You are robbers, for you conquered by force the lands of the seven nations [of Canaan],” they will reply, "The entire earth belongs to the Holy One, blessed be He; He created it (this we learn from the story of the Creation) and gave it to whomever He deemed proper When He wished, He gave it to them, and when He wished, He took it away from them and gave it to us." Chabad: Bereshis with Rashi