{"id":10049,"date":"2014-12-02T15:10:18","date_gmt":"2014-12-02T13:10:18","guid":{"rendered":"http:\/\/www.reunion68.se\/?p=10049"},"modified":"2014-12-02T16:48:27","modified_gmt":"2014-12-02T14:48:27","slug":"10049","status":"publish","type":"post","link":"https:\/\/www.reunion68.se\/?p=10049","title":{"rendered":"The Levy Report on Legality of Building in Judea & Samaria"},"content":{"rendered":"
\"\"<\/a>The Levy Report on Legality of Building in Judea & Samaria<\/a><\/strong><\/span><\/span><\/h5>\n

Hana Levi Julian <\/strong><\/span><\/p>\n

\n
\"Former

Former Justice Edmond Levy’s committee report declares Israel’s legal right to own Judea and Samaria. Photo Credit: Photo by Kobi Gideon \/ Flash90<\/em><\/span><\/p><\/div>\n

The Levy Commission Report, which examined the legality of Israeli construction in Judea and Samaria, has now been translated in its entirety into the English language.<\/strong><\/span><\/p>\n

Although the translation and contents are the product of the Regavim group, the section of \u2018Conclusions and Recommendations\u2019 is from the original Israeli Government translation.<\/span><\/p>\n

The Levy Commission Report was assigned on 13 February 2012 by Prime Minister Binyamin Netanyahu and then-Justice<\/span>
\n Minister Yaakov Ne\u2019eman. The three-member panel that examined the issue of building in the so-called \u201cpost-1967\u2033 territories included retired Supreme Court Justice E.E. Levy, chairman; retired District Court Judge Tehiya Shapira; and Ambassador Alan Baker.<\/span><\/p>\n

International law is not as simple as it first appears with regard to the status of Judea and Samaria, according to the Levy Commission.<\/span><\/p>\n

If viewed from the eyes of the Palestinian Authority leadership, Israel\u2019s status is that of a \u201cmilitary occupier\u201d and the settlement endeavor is that of an entirely illegal phenomenon, the Commission states in the report. \u201cThis approach denies any Israeli or Jewish right to these territories\u2026 they claim that the territories of Judea and Samaria are \u201coccupied territory\u201d as defined by international law in that they were captured from the Kingdom of Jordan in 1967.<\/span><\/p>\n

\u201cConsequently, according to this approach, the provisions of international law regarding the matter of occupation apply to Israel as a military occupier, i.e. Regulations concerning the Laws and Customs of War on Land. The Hague, 18 Octover 1907, which govern the relationship between the occupier the occupied territory, and the Fourth Geneva Cnvention Relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.\u201d<\/span><\/p>\n

However, noted the Commission, there exists another legal position as well, \u201cinter alia by the Regavim movement\u201d and by the Binyamin Regional Council.<\/span><\/p>\n

\u201cThey are of the view that Israel is not an \u201cOccupying Power\u201d as determined by international law inter alia because the territories of Judea and Samaria were never a legitimate part of any Arab state, including the kingdom of Jordan. Consequently, those conventions dealing with the administration of occupied territory and an occupied population are not applicable to Israel\u2019s presence in Judea and Samaria.<\/span><\/p>\n

\u201cAccording to this approach, even if the Geneva Convention applied, Article 49 was never intended to apply to the circumstances of Israel\u2019s settlements. Article 49 was drafted by the Allies after World War II to prevent the forcible transfer of an occupied population, as was carried out by Nazi Germany, which forcibly transferred people from Germany to Poland, Hungary and Czechoslovakia with the aim of changing the demographic and cultural makeup of the population.<\/span><\/p>\n

\u201cThese circumstances do not exist in the case of Israel\u2019s settlement. Other than the fundamental commitment that applies<\/span>
\n universally by virtue of international humanitarian norms to respect individual personal property rights and uphold the law that applied in the territory prior to the IDF entering it, there is no fundamental restriction to Israel\u2019s right to utilize the land and allow its citizens to settle there, as long as the property rights of the local inhabitants are not harmed and as long as no decision to the contrary is made by the government of Israel in the context of regional peace negotiations.\u201d<\/span><\/p>\n

It was the opinion of the Levy Commission that Israel\u2019s status was not that of a \u201cmilitary occupier\u201d with all that the term<\/span>
\n implies, in accordance with international law.<\/span><\/p>\n

\"\"
\nAbout the Author: Hana Levi Julian is a Middle East news analyst with a degree in Mass Communication and Journalism from Southern Connecticut State University. A past columnist with The Jewish Press and senior editor at Arutz 7, Ms. Julian has written for Babble.com, Chabad.org and other media outlets, in addition to her years working in broadcast journalism.<\/em><\/span><\/p>\n

\"\"<\/p>\n\n

Download the PDF file .<\/a><\/p>\n<\/object>\n

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The Levy Report on Legality of Building in Judea & Samaria Hana Levi Julian The Levy Commission Report, which examined the legality of Israeli construction in Judea and Samaria, has now been translated in its entirety into the English language. Although the translation and contents are the product of the Regavim group, the section of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[24],"_links":{"self":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/10049"}],"collection":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10049"}],"version-history":[{"count":17,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/10049\/revisions"}],"predecessor-version":[{"id":10051,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/10049\/revisions\/10051"}],"wp:attachment":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10049"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10049"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10049"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}