Migron, Mateh Binyamin

Migron
Hebrew	מגרון
Founded	1999 (re-founded in 2001)
Council	Mateh Binyamin
Region	West Bank
District	Judea and Samaria Area
Coordinates	31°53′23.42″N 35°16′17.01″E / 31.8898389°N 35.2713917°E / 31.8898389; 35.2713917Coordinates: 31°53′23.42″N 35°16′17.01″E / 31.8898389°N 35.2713917°E / 31.8898389; 35.2713917
Migron

Rally at Migron on Yom Haatzmaut 5768/2008

Migron (Hebrew: מגרון‎) is an unauthorized Israeli settlement in the West Bank founded in 1999 and re-founded in 2001 according to the Mateh Binyamin Regional Council.^[1] The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this.^[2] Migron is 5 kilometers north of Jerusalem in the jurisdiction of the Mateh Binyamin Regional Council in the northern West Bank.^[3] It is the largest unauthorized settlement in the West Bank and home to approximately 50 families.^[4] On August 2nd, 2011, Israel's Supreme Court issued a ruling ordering the state to dismantle the outpost by April 2012.^[4]The ruling may have to be revisited as the claim of land ownership, on which it was based, was withdrawn in November.^[5]

Location

Migron is 5 kilometers north of Jerusalem in the jurisdiction of the Mateh Binyamin Regional Council in the northern West Bank.^[3] It is situated just off Highway 60 between Ofra and the Shaar Binyamin Industrial Park and is named after the village Migron mentioned in Isaiah 10:28 as being a village somewhere on the route between Ai and Mikhmas that the Assyrian army advanced along.^[6][7]

Population

Migron is home to approximately 50 families and is the largest unauthorized settlement in the West Bank.^[4] A group of about 60 mobile homes house approximately 300 Jewish settlers.^[8]

Legal status

The international community considers Israeli settlements in the West Bank illegal under international law, but the Israeli government disputes this.^[2]

Sasson Report

According to the Sasson Report, based on the brigade commander of the area, "Migorn was established a few days prior to Operation Defensive Shield in April 2002. At first a request for a cellular radio tower on the hill top was filed. At that time there was a wave a of deadly terrorist attacks around the country. The Israel Defence Forces could not deny the request that would have improved communication with the place especially given the need for emergency contact with casualties, and all this in spite of fact that the land for which the request was filed was private Palestinian land.".^[9] The report also relates that some time later five caravans were placed next to the radio tower and though he was told that the caravans have no authorization neither was he given authorization to evacuate them. The report also says that the infrastructure for Migron was fully funded by the Housing Ministry at the cost of four million NIS, even though these were private Palestinian lands, with no statutory planning and no cabinet decision regarding the construction.^[9]

In July 2008, questions were raised as to the ownership of some of the land that Migron stands on. According to a news report, Abd Allatif Hassan Sumarin, who supposedly sold a plot of land to Al Wattan Ltd in 2004, died in 1961. (Al Wattan is owned by the Binyamin Regional Council).^[10] These suspicions were later confirmed by an Associated Press investigation.^[11]

The settlers of Migron have been preparing for the evacuation of the settlement since Ariel Sharon announced the dismantling of the settlement in 2003.^[12] On 11 August 2008 the settler leadership voted to move on to an undeveloped area of a nearby settlement, an Israeli Defense Ministry proposal to relocate the unauthorized Migron outpost.^[13][14] From the Sasson Report it was concluded that more than 4 million NIS of public funds were improperly invested in the outpost.^[15] On 17 December 2006, the Israeli Government, responding to a petition from Palestinians from Deir Dibwan and Burqa claiming to own some of the land upon which Migron is located, concluded that there was never any authorization from any official granting its establishment. In addition the Israeli State admitted the outpost stands on private Palestinian land. After Israeli Prime Minister Ehud Olmert and Israeli Defense Minister Ehud Barak decided to evacuate the unauthorized outpost of Migron the Israeli State Prosecution informed the Israeli High Court of Justice of the decision.^[16][17][18] A defense official said in August 2008 that the settlers would be moved to new homes in a nearby settlement, however construction of new homes could take months.^[19]

Supreme Court ruling

On August 2nd, 2011, in response to a petition filed by the Israeli Peace Now organisation, Israel's Supreme Court issued a ruling ordering the state to dismantle the outpost by April 2012.^[4] Supreme Court president Dorit Beinisch wrote, "There is no doubt that according to the law a settlement cannot be built on land privately owned by Palestinians."^[8] It is the first time the Supreme Court has ordered the state to dismantle an outpost in the West Bank.^[4] The ruling was denounced by several Members of Knesset, including Tzipi Hotovely (Likud), who called it "hypocritical," and Moshe Feiglin (Likud), who accused the Supreme Court of denying Jewish land rights.^[20][21] The Yesha Council accused the court of applying a double standard and of needlessly inflaming tensions.^[22] The Israeli newspaper Haaretz called the ruling "one of the most serious indictments ever filed against Israel's political establishment, legal system and security apparatus."^[23] The ruling, based on the Palestinian claim of ownership of the land, may have to be revisited, as the Palestinians involved failed to provide proof and have, in fact, withdrawn their lawsuit.^[5]

References

1. ^ Mateh Binyamin Regional Council profile Migron
2. ^ ^{a b} "The Geneva Convention". BBC News. 10 December 2009. http://news.bbc.co.uk/2/hi/middle_east/1682640.stm. Retrieved 27 November 2010. 
3. ^ ^{a b} Ha'aretz 7 February 2008 Migron founders: Gov't okayed, funded settlement By Nadav Shragai
4. ^ ^{a b c d e} Levinson, Chaim (2 August 2011). "Israel's Supreme Court orders state to dismantle largest West Bank outpost". Haaretz. http://www.haaretz.com/news/diplomacy-defense/israel-s-supreme-court-orders-state-to-dismantle-largest-west-bank-outpost-1.376583. Retrieved 2 August 2011. 
5. ^ ^{a b} Altman, Yair (8 November 2011). "Palestinians drop Migron damages suit". Haaretz. http://www.ynetnews.com/articles/0,7340,L-4145507,00.html. Retrieved 18 November 2011. 
6. ^ Isaiah 10 / Hebrew - English Bible / Mechon-Mamre
7. ^ Carl Friedrich Keil (1857 Digitized 21 Sep 2007) Translated by James Martin Commentary on the Book of Joshua p 181
8. ^ ^{a b} Greenberg, Joel (4 August 2011). "Israeli outpost ordered removed". The Sydney Morning Herald. http://www.smh.com.au/world/israeli-outpost-ordered-removed-20110803-1ibjj.html. 
9. ^ ^{a b} The Sasson Report, pages 105-107
10. ^ Ha'aretz 8 July 2008 Murky dealings over Migron By Uri Blau
11. ^ Matti Friedman (19 December 2008). "AP IMPACT: West Bank land deal leads to California". International Business Times. http://au.ibtimes.com/articles/20081219/ap-impact-west-bank-land-deal-leads-to-california.htm. Retrieved 21 August 2011. 
12. ^ Israelinsider.com 17 December, 2003 Settlers prepare for "last stand" at unauthorized Migron outpost By Ellis Shuman
13. ^ Jpost 4 August 2008 Adam settlement to accept Migron families By Tovah Lazaroff
14. ^ Jpost 12 August 2008 Settler leaders agree to move Migron By Tovah Lazaroff
15. ^ USA Today 14 August 2005 No one knows full cost of Israel's settlement ambitions Associated Press
16. ^ Peace now
17. ^ Ha'aretz 23 January 2008 State: Migron outpost to be evacuated within six months By Yuval Yoaz
18. ^ Jpost 7 August 2008 Settlers leaders to vote on moving Migron outpost By Tovah Lazaroff
19. ^ Ha'aretz 12 August 2008 Government to move illegal outpost Migron to existing settlement By Reuters
20. ^ "Hotovely on Supreme Court 'Hypocrisy'". Arutz Sheva. 2 August 2011. http://www.israelnationalnews.com/News/Flash.aspx/216683#.TjkkEmE-aW4. Retrieved 3 August 2011. "'The Supreme Court's decision is hypocritical and reflects a lack of equality before the law,' she said." 
21. ^ "Feiglin: No Arab Land in Migron". Arutz Sheva. 2 August 2011. http://www.israelnationalnews.com/News/Flash.aspx/216693#.TjklCmE-aW4. Retrieved 3 August 2011. "'The High Court's decision stems from a world view that rejects the right of Jews to their land, simply because they are Jews.'" 
22. ^ Glickman, Aviad (2 August 2011). "High Court orders Migron eviction by 2012". Ynetnews. http://www.ynetnews.com/articles/0,7340,L-4103429,00.html. Retrieved 3 August 2011. "A Yesha Council statement denounced the court's ruling: 'The High Court of Justice never misses a chance to rule against the Jewish settlement and throw a match on a powder keg needlessly.'" 
23. ^ "The Migron test". Haaretz. 4 August 2011. http://www.haaretz.com/print-edition/opinion/the-migron-test-1.376868.