The destruction of fifty-one Jewish homes in Ofra and Amona in February by order of the High Court raises questions about Israel’s claim to be “the nation-state of the Jewish people.” The evictions made no sense, and, although Prime Minister Netanyahu signed an agreement on behalf of the government with the residents of Amona to provide alternative housing in a new community, he has failed to honor his commitment. The families remain in distress, helpless and homeless.
Absurdly, this destruction and others served no one. Jews were traumatized; Arabs can’t use the land for security reasons and because they cannot prove ownership; most Israelis perceived it as a national disgrace; it alienated many and undermined trust in the High Court and the government; and it wasted money and resources. No one benefited!
Although Jews were accused of building on “private Palestinian land,” the question of who owned the land was never heard by an Israeli civilian court. No valid proof of ownership was presented. The destruction, moreover, violated the law in Israel and all other democratic countries: someone who has built in good faith on land which he/she later discovers belongs to someone else is entitled to pay compensation to the legal owner when the value of the building is worth more than the land.
Touted as “the rule of law,” the destruction was intended to demonstrate the power of the High Court regardless of any government decision, or legal issue. The High Court’s decision was meant as a clear political message to the government: it, not the government, would decide the fate of Jewish communities in Judea and Samaria, “the settlements.” The High Court’s assertion, therefore, challenges the basis of Israeli democracy, the role of its judiciary, and its definition as the nation-state of the Jewish people.
The struggle over that definition arose in 2011, when MK Avi Dichter proposed a Basic Law: “Israel as the nation-state of the Jewish people.” The purpose of his bill was to codify the nature and values of Israel as a Jewish and democratic state and to prevent Israel from becoming a binational state. Although supported by the government coalition, including PM Netanyahu and opposition MKs, it did not pass a preliminary reading.