It's the same in any lingo

בַּת-בָּבֶל, הַשְּׁדוּדָה: אַשְׁרֵי שֶׁיְשַׁלֶּם-לָךְ-- אֶת-גְּמוּלֵךְ, שֶׁגָּמַלְתּ לָנוּ
אַשְׁרֵי שֶׁיֹּאחֵז וְנִפֵּץ אֶת-עֹלָלַיִךְ-- אֶל-הַסָּלַע


How can one be compelled to accept slavery? I simply refuse to do the master's bidding. He may torture me, break my bones to atoms and even kill me. He will then have my dead body, not my obedience. Ultimately, therefore, it is I who am the victor and not he, for he has failed in getting me to do what he wanted done. ~ Mahatma Gandhi
If I am not for myself, who will be for me? If I am not for others, what am I? If not now, when? ~ Rav Hillel, Pirke Avot

This Red Sea Pedestrian Stands against Judeophobes

This Red Sea Pedestrian Stands against Judeophobes
Wear It With Pride

01 December 2009

Is That Legal?

At first I thought I might be the only one who has noticed the fact that the construction freeze in Yesha is not legal. It was only approved by the security cabinet, not the full cabinet. The freeze, since it is not part of any legal or binding negotiations with the PA, is not a security matter, it is a political one. Therefore, there is no legal obligation for anyone in Yesha to abide by it. But it looks like some folks have not only figured this out, they are doing something about it.

From Israel National News:
The Legal Forum for the Land of Israel has filed an appeal in the Supreme Court against the construction freeze in Judea and Samaria (Yesha). The appellants say the mini-security Cabinet has no right to enforce a blanket freeze on construction without receiving a full Cabinet decision.

Prime Minister Binyamin Netanyahu hurriedly convened his 15-member security cabinet last week, and rushed through an 11-1 vote in favor of the 10-month freeze. The two Shas ministers, opposing the decision, refused to take part in the vote – they walked out and did not vote against – and Minister Silvan Shalom, who later strongly opposed the decision, was abroad at the time. Only Infrastructures Minister Uzi Landau voted against.

The other members – Prime Minister Netanyahu and fellow Likud party Ministers Ne’eman, Yaalon, Meridor, Steinitz, Saar, and Begin; Ministers Lieberman and Aharonovitz of Israel Our Home; and Barak and Ben-Eliezer of Labor – voted in favor of the freeze.

The Legal Forum says the decision has no standing without full Cabinet approval. Netanyahu did not bring the matter to a vote at the this week's Cabinet session Sunday, nor does he intend to – unless the Supreme Court forces him.

“A non-security related decision that involves such a grave blow at the property rights of so many people may not be made so secretly with no prior warning and with no possibility for Cabinet members to appeal it,” Attorney Yossi Fuchs of the Forum explained. “The mini-Cabinet did not even claim that this was a security decision, but rather stated vaguely that its purpose is to encourage the renewal of talks with the PA…”

Fuchs also noted that, despite objections by Cabinet ministers, the matter was not brought before the full government. It was noted that Minister Landau announced that he would work to force the Cabinet to discuss the matter, and that Minister Shalom had strong criticism of the decision.

The Forum demands that the construction freeze be itself frozen: “Residents of Yesha have been harmed as of the moment that the decree was signed, but the government will lose nothing if it simply waits until after a government decision before proceeding with the freeze.

“This is not an urgent matter,” Fuchs continued. “It is not related to any agreement with the Palestinian Authority, which has even announced that it does not accept the freeze because it does not include Jerusalem. There is therefore no need to relate to it as a ticking time-bomb.”

Similar appeals should be filed by as many organizations/individuals as possible. Individual Yesha communities should file similar appeals. In the meantime, since this freeze has no legal standing, no one in Yesha should follow it, and communities should prevent inspectors from the Civil Authority to enter them. It's called civil disobedience, and it rocks.



2 comments:

Anonymous said...

Today Barak sent inspectors with yassmins to stop construction and seize equipment. Meanwhile Bibi has also stopped construction in Israel. The EU is going to vote to declare Jeruslaem (east) the capital of the PA state--which they are also going to unilaterally declare. Saying the freeze is illegal is way to little, way too late. Our country is plagued with corrupt self-serving politicians who have sold us down the river. A true low point in the history of the Jewish people.

Shtuey said...

I was calling for resistance to this proposed freeze ever since the idea was first floated. No action of any substance was engaged at any level in Israel or Yesha i.e. a popular uprising bent on dissolving this government and replacing it with a nationalist coalition. But the nationalist leadership is seemingly worthless. None among them are really willing to stick their necks out to save the country. The price is going to be paid with Jewish blood, as has been the case since the days of the first chorban.

We don't seem to learn, do we?