Jerusalem:The Israeli High Court has demanded that the government provide an explanation for its decision to transfer monitoring powers of construction in the southern West Bank's Judean Desert to Israeli authorities. This demand follows a Palestinian petition arguing that the decision contradicts the Oslo Accords.
According to Maan News Agency, the court's decision comes amid a significant increase in construction within the region, with the number of buildings rising from 268 in 1998 to 3,048 by mid-2023, based on Israeli data. Chief Justice Yitzhak Amit, leading a panel of Supreme Court justices, issued a conditional order requesting the government to clarify its decision as the 26th Israeli Knesset members were sworn in.
The controversy stems from a Palestinian petition seeking to annul Israeli censorship orders on construction. The area in question, located in the Dead Sea and Judean Desert region, covers approximately 167,000 dunams. Under the 1998 Wye River Agreement, the area was designated as Area B, placing it under Palestinian civil responsibility but with Israel retaining supreme security control. The agreement allowed for the maintenance of existing structures but prohibited new constructions.
Israeli authorities contend that the transfer of building control powers was necessary due to repeated violations, as described by Israel, prompting the Israeli Political and Security Cabinet to approve the move last summer. Following this, Central Command's commander, Avi Blot, authorized the Civil Administration to issue demolition orders, resulting in the demolition of seven buildings.
The legal conflict has intensified over the fate of a Palestinian school built in the reserve. Petitions from the Regavim movement and the Hebron Hills Settlements Council demand its demolition, which the court is considering alongside the Palestinian petition. The Palestinian Authority argues that Israeli oversight infringes on property rights, while the Israeli government maintains that Palestinian construction defies the agreements, thus justifying Israeli actions.
The court's order has sparked criticism from right-wing groups and settlement council leaders in the West Bank, who caution that this decision might impede monitoring and demolition activities. Roi Drucker from the Regavim movement questioned the court's role versus that of the elected government, criticizing the prolonged legal process. Yaron Rosenthal, head of the Gush Etzion Regional Council, expressed concerns over security implications and advocated for demolishing structures built after the Oslo Accords.