Over 1,000 illegal houses are built annually – by Jerusalem Arabs – since
1997. Only 30-40 are demolished by the authorities.
About 10,000 illegal houses are built, annually, by “Green Line” Arabs in
the Galilee, Negev, “Triangle”, Lod and Ramleh. About 100 are demolished.
Since 1967, there has been more Arab residential (largely illegal)
construction in Jerusalem than Jewish construction in the capital of the
Jewish State.
But, Israel is enforcing the law in an iron-fist manner when it comes to a
few scores of Jewish houses throughout Judea & Samaria and Hebron (built on
a Jewish-registered property, which was ravaged by Arabs in 1929).
Legal and governance impotence have characterized Israel’s battle against
illegal Arab construction, which threatens Israel’s sovereignty and the rule
of law in Jerusalem and all over the country. Palestinian documents, found
at the PLO’s “Orient House”, highlight illegal construction as a key
instrument in the campaign to erode the Jewish character of Jerusalem.
According to the documents, the Palestinian Authority (PA) has enticed
illegal construction in Jerusalem’s Arab neighborhoods of Shoafat, Beit
Haninah and A-Zaim, in order to prevent continuity between the Jewish
neighborhoods of French Hill and Pisgat Ze’ev, and to avert the unification
of Jerusalem and Ma’aleh Adoumim. Illegal construction is raging along
Highway 443, the critical road from Tel Aviv to Jerusalem, with the aim to
transform it into an Arab road, threatening the security of Jewish
transportation. While a 1999 Palestinian document anticipated that Israel
was determined “to demolish 400-500 illegal houses in Beit Haninah and
Shoafat”, a 2000 document notified the PA that “no need to worry”, since
Israel would only demolish a few houses, and illegal construction could
proceed with full speed ahead. But, Israel is determined to enforce the law
in an iron-fist manner when it comes to a few scores of Jewish houses in
Hebron and throughout Judea & Samaria.
Illegal Arab construction has become a norm, led by the Palestinian
Authority (many PA officials reside in illegal homes), bankrolled by Saudi
petrodollars and observed by the wide-closed eyes of Israel.
Illegal construction has become an effective means to challenge Jewish
sovereignty over Jerusalem, to undermine major infrastructure and housing
projects in the Negev and Galilee, to limit the freedom/security of Jewish
movement along major transportation arteries, to facilitate terrorism and to
exacerbate crime.
For instance, illegal construction in the Jerusalem Arab neighborhood of
Silwan has been a platform for intensified terrorism and felony. Forging
real estate titles has proliferated in the Arab sector, robbing state-owned
land as well as privately owned Arab land, fueling extortion, protection,
gang-wars and the importation of illegal Arab residents from Hebron and
other towns to Jerusalem – a fertile ground for terrorism. But, Israel is
determined to enforce the law in an iron-fist manner when it comes to scores
of Jewish houses in Hebron and throughout Judea & Samaria.
Legal and administrative proceedings, to uproot the imminent and present
danger of illegal construction, have been extremely cumbersome. In fact,
they have encouraged disregard and violation of the law. For example, a
demolition order may be attained only if a construction permit cannot be
obtained – by the offender - retroactively! A demolition order would be
authorized by the courts only if the illegal structure were built on a
state-owned-land zoned for public purposes, for road construction, for a
“green area”, etc. A demolition permit for an occupied/populated house would
be issued if construction were completed less than 30 days before filing
complaint (less than 60 days for unoccupied house). In addition, the ultra
permissive appeal process, available for construction offenders, has
transformed the law into a “Swiss Cheese”. Apparently, concern for civil
rights of criminals, who deliberately violate the law and undermine Israel’s
national security – rather than the battle against the plague of illegal
Arab construction – has preoccupied the concern of Israel’s judiciary. But,
Israel is determined to enforce the law in an iron-fist manner when it comes
to scores of Jewish houses in Hebron and throughout Judea & Samaria.