High Court Postpones Evacuation, Destruction of Netiv Ha’avot

Jerusalem, 28 February, 2018 (TPS) -- Israel’s High Court for Justice approved state request Wednesday to postpone the planned destruction of Netiv Ha’avot, previously scheduled for March 6. The court has rejected multiple motions to legalize the outpost, or at least parts of it, in the past, but approved the request for an extension in order to allow the 17 families who will lose their homes to make alternative housing arrangements.

While accepting the petition to delay the evictions to June, the Court emphasized that the ruling was a postponement, not a reversal of the original ruling. The court also rejected a state petition to retroactively approve six of the 17 houses which were built in part on privately owned Palestinian land, stressing that the decision to demolish the outpost was not based on the fact that some of the houses were built in part on land belonging to Palestinians, but also on the fact the none of the houses were built with permits.

“We praise the decision, which puts common sense before [strict adherence to the law] and which takes into account the [effect it may have] on the families and children [living there],” said Gush Etzion Regional Council Head Shlomo Ne’eman. “This decision allows the residents a smooth, humane transition from their homes to the temporary housing in the inhumane reality of the demolition of their homes,” he added.

Representatives of Netiv Ha’avot praised the decision, but also said their struggle will continue, as their desired outcome is the state approving the construction of legal houses on the same land. “The High Court did their job by approving the state’s request to postpone the evacuation until there is a humanitarian solution. That being said, [our] struggle will no be over until [we] return to permanent houses in the neighborhood,” said representatives of the outpost.

Defense Minister Avigdor Lieberman also welcomed the decision, saying it would “allow for dialogue with the residents, in order to reach an agreed upon solution.”

“As part of a ruling that would have been better had it never existed, the court found it in its heart to be considerate of the residents. This postponement is a humanitarian issue, which would allow for the residents to move directly to new houses, without needing to spend the coming holidays as nomads,” read a statement by the Yesha Council, an umbrella organization of local and regional councils of Jewish communities in Judea and Samaria (and formerly in the Gaza Strip).

“That being said, it is unfortunate that the court did not approve a plan to leave the six houses, that [only small portions of are contested]. We will grow and get stronger, and for every house that is demolished in Netiv Ha’avot, we will build 10 more,” they added.