Jerusalem:The Israeli High Court has demanded that the government clarify its decision to withdraw oversight powers regarding construction in the southern West Bank desert, known as the "Judean Desert."
According to Maan News Agency, the court's demand follows a Palestinian petition that argues the government's decision contravenes the Oslo Accords. This legal action comes amidst a significant increase in buildings in the area, from 268 in 1998 to 3,048 by the summer of 2023, based on Israeli data.
A panel of Supreme Court justices, led by Chief Justice Yitzhak Amit, issued a conditional order requiring the government to explain its decision. This order coincided with the inauguration of the 26th Israeli Knesset members. The Palestinian petition calls for the cancellation of Israeli censorship orders on construction within the area.
The disputed area, located in the Dead Sea and Judean Desert region, covers approximately 167,000 dunams. The Wye River Agreement of 1998 placed the area under Palestinian civil responsibility, classified as Area B, with Israel maintaining supreme security responsibility. The agreement allowed for existing buildings to be maintained while prohibiting new construction. However, data from the Israeli Ministry of Settlement Affairs shows a rise in buildings from 268 in 1998 to 3,048 by the summer of 2023.
Citing these developments and alleged violations, the Israeli Political and Security Cabinet approved the transfer of building control powers to Israel last summer. Subsequently, Israeli army orders authorized the Civil Administration to issue demolition orders, resulting in the demolition of seven buildings in the area.
The legal battle currently centers on a Palestinian school built within the reserve, with the Regavim movement and the Hebron Hills Settlements Council petitioning for its demolition. The court is considering this petition alongside the Palestinian petition.
The Palestinian Authority representative argues that Israeli monitoring violates agreements and infringes on residents' property rights, while the Israeli government contends that Palestinian construction violates understandings, justifying Israeli actions.
The court order has drawn criticism from right-wing organizations and settlement council leaders in the West Bank, who caution that the decision may halt monitoring and demolition operations. Roi Drucker of the Regavim movement questioned whether the country is run by an elected government or Supreme Court judges, criticizing the two-year-long legal proceedings. Yaron Rosenthal, head of the Gush Etzion Regional Council, called for demolishing homes built since the Oslo Accords, stating that ongoing legal proceedings threaten the security of East Gush Etzion and Israel residents.