There has been a lot of hysteria over the Levi Commission Report, released in Israel last night Australia time (for anyone who can read Hebrew, the report is available HERE. Unfortunately, my limited grasp of Hebrew does not extend to complex legal documents).
Like this for example:
Accepting the substantial elements of this report means this: no more occupation, annexing the West Bank, giving citizenship to Palestinians, end of Israel as a Jewish-democratic state. Or, of course, it could really become apartheid, and not give Palestinians citizenship at all. This is what the Zionist Right is leading us to: the end of the two-state solution.
the Levy Committee avers that government encouragement of any construction conferred an “administrative assurance,” even if there were no legal and official permits issued.
Now, Israel uses the same British common law system as Australia does to form the basis of its legal system. I have never heard of any concept of “administrative assurance” that can be used in lieu of a permit. Generally, you have no permit, you can’t build.
There are a few other recommendations that also sound a little poorly thought-out, like removing various powers to evict settlers and making it easier to build settlements.
But then there’s this:
The committee recommends legalizing all the outposts even without a retroactive government decision, and to do so as follows: To issue an order delineating the settlement and designating the adjacent areas as needed to accommodate natural growth; to cancel the need to get permission from the political echelons for every single stage in the planning process, and to not implement demolition orders that have already been issued.
See, that sounds a little familiar. It’s similar, in a way, to something Ehud Barak was suggesting a couple of months ago. That sounds like Israel unilaterally annexing parts of the West Bank, which is altogether not a terrible idea IMO. It could reduce the bickering that goes back and fourth about borders and land swaps if Israel just says something to the effect of, “this is what we want, this is what we don’t want. You don’t like it? Make us a better offer.”
The committee also recommends the cancelation of the “bothersome use order” that allows the head of the Civil Administration to force settler-farmers off ostensibly Palestinian land, even if there is no Palestinian complainant … Levy believes that these are land disputes that the state should not involve itself in, but that should be sorted out before the courts. The committee, in fact, recommends setting up a special court to deal with land disputes in the West Bank.
That doesn’t sound like a terrible idea either – mostly because a court ruling is more binding than this strange state restraining order thing they have at the moment.
Finally, I’ll address the point about the Fourth Geneva Convention and belligerent occupation. I have looked into this at length, and it is basically true. The current international humanitarian law never predicted anything like the situation in the West Bank, so it is a huge grey area. Everyone who tells you it’s definitely legal or illegal is making laws where there aren’t any.
Irrespective of that, the current legal regime applied in areas B and C of the West Bank is a bizarre military administration derived from the Jordanian law as it stood in 1967 – it needs to be overhauled, and exercising some form of sovereignty is the only way that Israel could actually do that.
So basically, some good may yet come of this report. I’m also very skeptical of news reports on an 89-page document that was released a few hours before – we’re pretty much seeing reports on the executive summary. It’s never a good idea to jump to conclusions on these things.
In fact, in all probability, nothing will ever come of this report. It is dated 21st June – presumably when it was made available to cabinet, even though it only became public yesterday – meaning that the government has had it for over three weeks and hasn’t moved on it. My bet is that they won’t, this will be consigned to the massive vault of reports that caused a minor media shitstorm and were subsequently forgotten. The Israeli government must have somewhere.