Tuesday, January 07, 2014

FRAMEWORK TO BE PRESENTED SOON TO ISRAEL-BALESTINIANS



Grenade hurled at IDF base near Bethlehem

No casualties or damage in attack, which comes amid escalation in West Bank violence

January 6, 2014, 11:43 pm 1
A Palestinian attacker hurled a grenade Monday at an IDF base near Bethlehem, marking an escalation in violent incidents in the West Bank.No one was hurt and no damage was caused in the attack, which came hours after US Secretary of State John Kerry wrapped up his 10th visit to the region.On Christmas, an IDF patrol vehicle came under fire from a passing car near the West Bank settlement of Tekoa, in the Etzion Bloc south of Jerusalem. No injuries or damage were reported.The soldiers on patrol reported hearing shots from a nearby vehicle, but were unable to apprehend the fleeing suspects.

IDF frees alleged ‘price tag’ attackers held by Palestinians

Settlers reportedly beaten after entering West Bank village to ‘retaliate’ for Israeli authorities uprooting olive trees

January 7, 2014, 4:52 pm 8-The Times of Israel
The IDF negotiated the release Tuesday of Israeli settlers who were captured by Palestinians and held in a building in the village of Qusra near the West Bank city of Nablus. The settlers had been beaten by their captors.They allegedly approached Qusra in an attempt to carry out a “price tag” attack, in protest over the Israeli Civil Administration’s uprooting earlier in the day of a settler olive grove near the West Bank outpost of Esh Kodesh.The settlers, said to have come from Esh Kodesh, were reported to have clashed with the Palestinian village’s residents.The settlers were surrounded and held captive for more than two hours, Channel 2 reported, saying 16 settlers were involved. Other reports put the number of detained settlers at 13, though Qusra’s village council head later claimed only eight settlers had been held there during the clashes. The army said 11 settlers were evacuated from the building where they were held.A Qusra resident said that the group had “attacked a Palestinian youth” and were “surrounded in the house,” where they had congregated.“I was tending my fields when a group of around 30 settlers came down the hill and attacked us with stones,” a Palestinian farmer told Reuters. ”We chased them and they fled to a house under construction. They were cornered there and some of the people here beat them — they had attacked us on our own land.”But one of the settlers injured in the clash told Army Radio that he and his friends were merely hiking in the area and were attacked unprovoked.
Settlers from the Esh Kodesh outpost, leaving the West Bank village of Qusra, January 7 (photo credit: Zachariah, Rabbis for Human Rights)
Settlers from the Esh Kodesh outpost, leaving the West Bank village of Qusra, January 7 (photo credit: Zachariah, Rabbis for Human Rights)
A resident of the village named Ziad disputed the claim that the settlers were hiking. He showed a Channel 2 reporter a sledgehammer that he said was brandished by one of the settlers and said they were also armed with metal pipes and wooden beams.If they were hiking, he said, “Why do they need to veil their faces? They came to attack farmers. They broke olive trees.”“Of course we hit them,” he continued. “I have to defend myself. The [Palestinian] guys could have killed them. They held them for three hours. We told them we could have killed them but didn’t. ‘Next time maybe we’ll kill you,’ we said.”The IDF said in a statement quoted by the AFP news agency: ”During the confrontation mutual rock-hurling took place, injuring some of the Israelis.”“Initial inquiry suggests the confrontation erupted following a law enforcement activity which took place earlier today in Esh Kodesh,” the statement added, alluding to allegations of ‘price tag’ violence on the part of the settlers.Price tag attacks, acts of vandalism usually performed against Arab property and typically carried out by Jewish nationalists in retribution for government moves, have become increasingly common in recent years. Mosques, churches, dovish Israeli groups and Israeli military bases have been targeted in such attacks.In late December, a home and three vehicles in a West Bank refugee camp were vandalized, in a suspected “price tag” attack related to the release of 26 Palestinian prisoners and ongoing peace talks.Israeli officials have vowed to crack down on the attacks.

Bennett: No to '67 Lines,' No to Splitting Jerusalem

Bennett slams veiled references to splitting Jerusalem, warns the world, ‘We’re not your experiment.’
By Maayana Miskin-First Publish: 1/7/2014, 7:56 PM-Israelnationalnews

Economy Minister Naftali Bennett
Economy Minister Naftali Bennett-Flash 90
The term “1967 lines” has been used regarding talks between Israel and the Palestinian Authority, in reference to the PA claim of ownership to all land that was under Jordanian control between 1949 and 1967.
The words have been used to conceal the true weight of the concessions being demanded, Minister of Economy Naftali Bennett (Jewish Home) warned Tuesday, in a speech at the Institute for National Security Studies.“Friends, the games are over. We won’t play with words anymore: the ’67 lines’ means splitting Jerusalem, and giving up the Mount of Olives – where Menachem Begin, Rabbi Kook, and Eliezer Ben-Yehuda are buried – and giving up the Kotel, the Temple Mount and the Old City,” he declared.
“How will history remember a leader who agrees to give up Jerusalem? How will it remember the first leader in Jewish history who dares to do that? And what’s more, to do it voluntarily?” Bennett asked.“Is the prayer of Jews worldwide, ‘In Your mercy, return to Your city, Jerusalem’ a party slogan, which can be changed overnight?” he demanded.A concession like that may win Israel temporary goodwill from the international community, Bennett said, but it would come at a high price: “another round of attacks and terrorism, which we would come into weaker than before, and with no moral right to defend ourselves after having declared that what is ours – is not ours,” he warned.“These are the decisions that take real leadership,” he continued. “That we will never agree to give up Jerusalem, a united city under Israeli sovereignty, and only Israeli. We will not accept a terrorist Palestinian state, we will not accept an agreement based on the 67 lines.“We will not exchange territory as if we were doing cut-and-paste on some Word document on the computer. We will not agree to a border along Highway 6, meaning rockets on Highway 4.“We will not stay in a government that endangers our children’s future and divides our capital due to international pressure. We won’t sit in a government that makes the easy, and dangerous, decision,” he declared.Regarding international pressure on Israel, Bennett said, “We didn’t come here in order to be the world’s experiment… We will make decisions about ourselves by ourselves, for the simple reason that only we will pay the price… Are those who pressure us today going to be killed in our place tomorrow?”Israel should not fear standing up to international pressure argued Bennett, saying “We’ve had great leaders in Israel who knew how to say ‘no.’ We survived.”

US ambassador: Framework draft to be presented soon

Dan Shapiro says interim proposal for Israeli-Palestinian accord will cover security, borders, Jerusalem and all other ‘core issues’

January 7, 2014, 3:42 pm 6
The US ambassador to Israel said Tuesday that a framework proposal on all issues at the heart of the Israeli-Palestinian conflict would be presented to both sides soon.Dan Shapiro told Israel Radio that the proposal would cover security arrangements, borders, Jerusalem and all the other “core issues.”He said it will be presented to the Israelis and the Palestinians in a few weeks’ time.US Secretary of State John Kerry has been visiting the region often since talks resumed last July, shuttling between Israel and Palestinian leaders to mediate talks.Kerry has been pushing for the outlines of a peace deal. He is trying to nudge Palestinian Authority President Mahmoud Abbas and Israeli Prime Minister Benjamin Netanyahu closer to a pact that would establish a Palestinian state alongside Israel.He left the region on Monday having failed to win agreement from the sides on a framework for continued negotiations for a permanent deal. Some reports suggest he will return as soon as next week.Netanyahu told his Likud Knesset faction Monday that “there is no American framework document yet,” and that even if it could be agreed upon, it would not be binding on the sides, Channel 2 reported. Netanyahu also assured the Likud MKs that he had not given in to American pressure for more flexible positions regarding the fate of Jerusalem and the Jordan Valley, and said he was only too aware of the consequences of dismantling settlements in the absence of a viable peace accord, the report said.Kerry has made 10 trips to the region this year, initially expressing confidence that a permanent peace accord, providing for a Palestinian state alongside Israel, could be wrapped up by the end of April. More recently, though, evidently realizing that this was a tall order, he has been pushing the less ambitious “framework” idea.Netanyahu on Monday, however, reportedly told the Likud that even the framework plan, which Kerry has not yet been able to finalize, would not be binding on the two sides. The prime minister also said there would be elements in the non-binding paper that he and his party colleagues wouldn’t like, and elements that the Palestinians wouldn’t like.The two sides have long been at odds over almost every aspect of the core issues involved in a two-state accord. Kerry has been reportedly pushing Netanyahu to agree to at least keep talking on the basis of a Palestinian state to be established along the pre-1967 lines, with land-swap adjustments, and urging Abbas to recognize Israel as a Jewish state.Beyond these points, the two sides are said to disagree over security arrangements, border demarcations, the fate of Jerusalem and Palestinian refugee demands under a permanent deal. There have also been disputes over who will be released in a final phase of prisoner releases by Israel of terror convicts in the coming months. And it is unclear whether the Palestinians are prepared to extend the current talks beyond their scheduled expiry date in late April.An official in Ramallah told Palestinian newspaper al-Ayyam that the meetings recently held between Kerry and the Palestinian leadership failed to reach an agreement on any issue.“We talked about everything, but without agreement on anything,” the official said in an article published Monday.According to the newspaper, the Palestinians presented their positions on all the issues to Kerry, and are expecting to be presented with the positions of the US secretary of state for the framework agreement.

US said to seek adding ‘Jewish state’ language to Arab Peace Initiative

John Kerry reportedly preparing to push idea at upcoming meeting with Arab League officials

January 7, 2014, 10:43 am 14
The US is reportedly exploring the possibility of altering language in the 2002 Arab Peace Initiative to include recognition of Israel as a Jewish State should the country reach a peace deal with the Palestinians.According to a Monday report in Palestinian newspaper al-Ayyam, citing Western sources, the US negotiating team is investigating the possibility.The changed language, which would insert a key Israeli demand into the 2002 Saudi-drafted Arab Peace Initiative, would also include the stipulation that Israel’s Arab citizens not be affected by recognition of Israel as a Jewish state.The initiative’s current language calls for the Arab world to offer comprehensive peace with Israel in exchange for a full pullout from all territories it captured in the 1967 Mideast war.The Palestinian report comes a day after US Secretary of State John Kerry left the region after four days of intense talks, including several hours in Riyadh in which he said he gained Saudi backing for his peace push.Ramallah has not given permission for any changes to the Arab League initiative, according to al-Ayyam.Kerry is expected to meet in Paris soon with Arab League foreign ministers who sit on the monitoring committee of the Arab Peace Initiative, the paper reported, and may present the idea to them.
It is not clear when the meeting would take place.Kerry’s trip to the region was reportedly to push the sides to agree to a framework plan which would guide future discussions.The US diplomat met with Saudi leader King Abdullah on Sunday and said the king’s 2002 initiative “has been part of the framework that we’ve been piecing together — both in inspiration and substance.”The initiative, revolutionary when it was introduced, has been endorsed by the Arab League and, technically, remains in effect.“Saudi Arabia’s initiative holds out the prospect that if the parties could arrive at a peaceful resolution, you could instantaneously have peace between the 22 Arab nations and 35 Muslim nations, all of whom have said they will recognize Israel if peace is achieved,” Kerry said.“Imagine how that changes the dynamics of travel, of business, of education, of opportunity in this region, of stability. Imagine what peace could mean for trade and tourism, what it could mean for developing technology and talent, for job opportunities for the younger generation, for generations in all of these countries,” Kerry said.Israel, however, has conditioned any peace deal with the Palestinians on recognition of the country as a Jewish state, a demand the Palestinians have rejected.Prime Minister Benjamin Netanyahu told his Likud Knesset faction Monday that “there is no American framework document yet,” and that even if it could be agreed, it would not be binding on the sides, Channel 2 reported. He also assured the Likud MKs that he had not given in to American pressure for more flexible positions regarding the fate of Jerusalem and the Jordan Valley, and said he was only too aware of the consequences of dismantling settlements in the absence of a viable peace accord, the report said.
Kerry has paid 10 trips to the region this year, initially expressing confidence that a permanent peace accord, providing for a Palestinian state alongside Israel, could be wrapped up by the end of April. More recently, though, evidently realizing that this was a tall order, he has been pushing the less ambitious “framework” idea.
Netanyahu on Monday, however, reportedly told the Likud that even the framework plan, which Kerry has not yet been able to finalize, would not be binding to the two sides. The prime minister also said there would be elements in the non-binding paper that he and his party colleagues wouldn’t like, and elements that the Palestinians wouldn’t like.The two sides are believed to be at odds over almost every aspect of the core issues involved in a two-state accord. Kerry has been reportedly pushing Netanyahu to agree to at least keep talking on the basis of a Palestinian state to be established along the pre-1967 lines, with land-swap adjustments, and urging Abbas to recognize Israel as a Jewish state.Beyond these points, the two sides are said to disagree over security arrangements, border demarcations, the fate of Jerusalem and Palestinian refugee demands under a permanent deal. There have also been disputes over who will be released in a final phase of prisoner releases by Israel of terror convicts in the coming months. And it is unclear whether the Palestinians are prepared to extend the current talks beyond their scheduled expiry date in late April.
A Palestinian official told al-Ayyam that the meetings recently held between Kerry and the Palestinian leadership failed to reach an agreement on any issue.“We talked about everything, but without agreement on anything,” the official said.According to the newspaper, the Palestinians presented their positions on all the issues to Kerry, and are expecting to be presented with the positions of the US secretary of state on the framework agreement.The Palestinian official added that when the Palestinian Authority speaks about East Jerusalem, it does not mean outlying villages such as Abu Dis or the Shuafat area, but rather the city itself. One of the ideas presented by Kerry during the talks on the formulation of the framework agreement is that Jerusalem would be united but the Palestinians would “have their capital within it.”

Unilateral Palestinian statehood — real threat or ‘big bluff’?

Pundits agree that PA action in the international arena drove Israel to negotiate; what they differ on is what’ll happen if talks break down

January 7, 2014, 11:47 pm 1-The times of Israel
Notwithstanding the best intentions of US Secretary of State John Kerry, the current round of peace talks between Israel and the Palestinians may fail (shocking, we know). But what happens then? Well, the current Israeli government may be fine with the status quo — the emphatic absence of a Palestinian state — but Palestinian Authority President Mahmoud Abbas has vowed to resume steps to unilaterally advance the PA’s statehood bid, a move Jerusalem is extremely wary of.Yet Israeli experts disagree whether Israel really has something to worry about. Is it just a “big bluff” (as one international law scholar claimed), or would a unilateral Palestinian bid make it impossible for Israel to ever reach a peace agreement that takes its positions into consideration (as another academic argued)? To prevent, or at least defer, the unilateral Palestinians statehood campaign — that was one of the main reasons why Prime Minister Benjamin Netanyahu, however grudgingly, agreed to resume direct peace talks with the Palestinians in July 2013. The PA’s commitment to refrain from unilateral steps during the course of the talks was a large factor in the Israeli government’s decision to sit down at the negotiating table — perhaps even more so than Kerry’s relentless pressure.Last week, after Israeli ministers advanced a bill to annex the Jordan Valley, Saeb Erekat, the PA’s chief negotiator, said that the proper response would be to “seek statehood recognition by the United Nations and other international bodies.” Abbas, however, has promised to remain at the table at least until the April deadline initially set for the talks. But if the current efforts break down without an agreement — and if the past has taught us anything, it’s that the next crisis of faith is generally merely a matter of time — the Palestinians have made it clear that they won’t hesitate to turn to the international community.“At the end of the day, these negotiations won’t succeed, and Abu Mazen [Abbas] has a strong card in his hand: an appeal to the UN institutions,” said Ahmed Tibi, an Israeli MK who once served as adviser to Yasser Arafat and maintains close contacts with the Palestinian leadership, in an interview last week. “There are more than 60 agencies in the UN, and sooner or later he will turn to them. That will cause a diplomatic confrontation.”
Tibi is certainly not alone in his fear that the talks will collapse sooner or later. Indeed, most members of Israel’s government are exceedingly skeptical. And yet they agreed to start negotiating. They voted to release Palestinian prisoners and risked being blamed for the talks’ failure (including the threat of European Union sanctions), just because the Palestinians promised that they wouldn’t make further moves to be recognized as a state, at least not for for nine months.But what exactly is Israel afraid of? After all, “Palestine” is already recognized as a nonmember observer state by the United Nations; an overwhelming majority of 138 states supported that moved in November 2012 (nine countries opposed and 41 abstained). The chances of a “State of Palestine” being admitted as a full-fledged member of the UN prior to signing a peace treaty with Israel are minimal. The Americans have vetoed such efforts in the past and there are no indications they wouldn’t do it again.At least, so goes the conventional wisdom. One Israeli diplomatic official warned, however, that there are no guarantees that the US will forever continue to put the kibosh on a Palestinian application for full UN membership.“If Abbas gets all other members of the Security Council to agree, he might manage to drive the Americans into a corner,” the official said. “Washington might at some point become fed up with being the only country to oppose Palestinian statehood, and embarrassed and fearful of international isolation, they might accede to the Palestinians’ request.”‘Since the Palestinians joined UNESCO, they hijacked the organization’s agenda and now it’s all about bashing Israel. Their strategy is working’But even assuming that for the time being the Americans will continue to wield their veto power, the mere fact of Palestinian statehood coming to a vote again and again will slowly have an impact, an Israeli academic specializing in international law said. He recalled that the UN Security Council did not formally condemn South African apartheid because of the British veto, but eventually an international consensus emerged to demand the racist regime’s immediate demise. A similar scenario is plausible vis-à-vis Palestinian statehood, said the academic, who asked to remain unnamed because he didn’t want to be quoted comparing Israeli policies with apartheid.In the meantime, though, the Palestinians don’t need full UN membership to incriminate Israel on the international stage, an Israeli official said. As soon as they are admitted into the World Health Organization, Habitat or other UN programs, “they could have our arms twisted,” he said.Before the current round of peace talks commenced, the Palestinians were quite successful in their quest to achieve “incremental recognition,” he said. “Since they joined UNESCO, they hijacked the organization’s agenda and now it’s all about bashing Israel all the time,” added the official, who asked to remain anonymous so he could more freely discuss sensitive diplomatic issues. “All the Palestinians do all day is get yet another condemnation against Israel. And their strategy is working.”In 2011 UNESCO — the United Nations Educational, Scientific and Cultural Organization — admitted “Palestine” as a full member. Since then, Israeli and Palestinian officials have sparred about UNESCO’s positions and declarations vis-à-vis the Israeli-Palestinian conflict. During a debate at the 37th session of UNESCO’s World Heritage Committee in June, the Jordanian delegation, at the behest of the PA, submitted a resolution slamming Israel over its Jerusalem policies. UNESCO officials at first denied the resolution’s very existence but it was eventually adopted by a large majority.

Yet scarier, in the eyes of some Israelis, is the prospect of Palestinians turning to the ICC and suing Israeli leaders for war crimes or crimes against humanity. Joining the Hague-based court is a bit more complicated, because it would expose the PA itself to law suits, and it isn’t clear that membership in the ICC would be in its best interests, the Israeli official said. “We’re not really worried about being condemned by the ICC; they can threaten whatever they want,” he said. On the other hand, it would be “a major headache” if the Palestinians did try to drag Israelis in front of the court for alleged misdeeds.“Such a process would involve such besmearing and casting of allegations that would take us a long time to defuse,” the official said. “Not only is it a waste of time, but it’s a declaration of diplomatic war. And if it’s a war, you need to dedicate resources to fighting it, and doing this will prevent us from focusing on other measures to defuse the conflict.”
In 2009, Palestinian Justice Minister Ali Khashan asked the ICC to investigate Israel’s conduct in the West Bank and the Gaza Strip. The prosecutor’s office initially declined the request, noting that the Palestinian Authority was not a state and that consequently the court had no jurisdiction to launch an investigation into acts committed in the territories it claims. After “Palestine” attained nonmember state status at the UN in 2012, the prosecutor’s office released a brief statement saying that it “will consider the legal implications of this resolution.” It has yet to issue a new ruling on the matter.

‘A big bluff and an empty threat’

According to Alan Baker, a former legal adviser to the Israeli Foreign Ministry, the Palestinian threat of a unilateral statehood drive is absolutely nothing to be afraid of. “This is a big bluff; it’s just an empty threat,” he said. “So the Palestinians will go to the International Health Organization, the International Postal Union and the Civil Aviation Authority. So what? That won’t give them statehood. It won’t make a difference, because Israel is still sitting in Judea and Samaria [the West Bank], and any change can only come about as the result of a negotiation process.”And there is no cause to fear a Palestinian onslaught against Israel in international forums, averred Baker, a former Israeli ambassador to Canada, as such attacks have been going on for years. “There are 20 or so anti-Israel resolutions at the UN at any given moment, so how is this night different from any other night?” Palestinian attempts to influence the agendas of UN bodies actually did more damage to the credibility of those international organs than to Israel’s interests, he posited. Many diplomats and parliamentarians have told him, he said, that the international community is becoming “increasingly fed up” with Palestinians trying to appropriate UN organizations for their political purposes and, in the process, distracting those bodies from their actual jobs.Neither does the specter of an ICC trial against Israel faze Baker. “That’s a completely empty and utterly unrealistic threat,” he said. Even if the court’s prosecutor ruled that “Palestine” could file a complaint against Israeli leaders for war crimes, an investigation would have zero chances of succeeding because the Palestinians would need to prove that the alleged offenses took place on Palestinian sovereign territory. “But the Palestinians themselves agreed [in the 1993 Oslo Accords] that the final status of territories is subject to negotiations.”Likewise, Israel has nothing to fear from “Palestine” turning to the UN’s International Court of Justice, Baker said. It’s possible that it would be asked to write an advisory opinion on Israel’s actions in the West Bank – as it has in the past – but “there’s no guarantee that it wouldn’t be counterproductive to whoever is asking for it.”So if Israel has nothing to worry about, in terms of unilateral Palestinian steps toward statehood, why did Netanyahu let himself be pressured into entering peace talks? One senior cabinet minister told The Times of Israel that it was in Jerusalem’s interest to “buy time.” While the talks may ultimately amount to nothing, he suggested, nine months of diplomatic quiet were well worth the effort.Baker didn’t buy that argument, saying he failed to understand why the American and Israeli governments gave credence to Palestinian threats. “The damage was caused by Kerry, when he said if Israel doesn’t make concessions Israel would be under attack by international community — as if they aren’t already. The Palestinians are laughing all the way to the bank,” he said. “I’m flabbergasted at the naivete that exists within the US administration, but even more so in the Israel government.”The only possible reason for Jerusalem’s behavior was that Washington might have threatened not to veto a Palestinian attempt to get full UN membership, Baker surmised. “I wouldn’t put it past Kerry, for whom I have absolutely no respect, to make such a threat,” he said.‘How will IDF soldiers react when their superiors are being accused of war crimes and the like?’Amichai Cohen, a senior lecturer of international law at Ono Academic College, said that even if international courts are unlikely to condemn Israel, such a scenario wasn’t impossible. At the ICC, for instance, it is the chief prosecutor who makes these decisions based on his own criteria, and he might not take into consideration the views of Israeli experts and pundits. “When assessing a certain risk, you don’t only look at how low the chance is of a certain scenario coming true, but you also think about the damage that could be done in the unlikely case that it does come true,” he said.Less than the threat of censure, the mere idea of Israeli politicians and generals standing trial could inflict great damage on the state, both externally (in terms of reputation) and internally, Cohen continued. “How will IDF soldiers react when their superiors are being accused of war crimes and the like?” he asked. The very prospect of such a scenario does not necessarily mean that Jerusalem should feel pressured to make concessions; there is cause, however, to take the Palestinians’ threat into consideration, he said.Jerusalem currently does not recognize the Palestinian Authority as a state, he said, and much of the international community understands that a peace treaty will have to be signed between both sides, and that Israel has legitimate demands for any deal. But as soon as the world welcomes “Palestine” as a legitimate member in the family of nations — with or without Jerusalem’s blessings — Israeli claims and arguments against Palestinian statehood will not be heard anymore, Cohen predicted. “We haven’t arrived at that stage yet… but we’re getting there.”

Supreme Court defends private security in East Jerusalem

Israel’s highest court rebuffs argument that private guards funded by the Housing Ministry carry out unlawful policing

January 7, 2014, 5:18 pm 0-The times of Israel
The Supreme Court on Tuesday indicated it would uphold government funding for private security companies guarding dozens of Jewish compounds in East Jerusalem, rebuffing an appeal by local Palestinian residents and the Association for Civil Rights in Israel.The Housing Ministry currently employs two private security companies to guard 70 Jewish compounds located within Arab neighborhoods in East Jerusalem at an annual cost of NIS 67 million ($19 million). According to ACRI, 370 security guards are tasked with guarding 2,500 Jewish residents in these neighborhoods.The outsourcing of security for Jewish compounds in East Jerusalem dates back to the early 1990s, when private contractors were employed to guard the home of then-housing minister Ariel Sharon in the Muslim Quarter of the Old City.Ongoing friction between the security guards and local Palestinian residents, sometimes escalating to armed violence, led a government-appointed committee in 2006 to recommend transferring security responsibility from the Housing Ministry to the police. The recommendation was initially adopted by the government but overturned four months later.
In its petition, ACRI argued that security in East Jerusalem should be placed solely in the hands of the police, claiming that armed private security companies unlawfully carry out policing duties such as neighborhood patrols. In September 2010, Silwan resident Samer Sarhan was shot dead by a security guard in a case still being debated in court.The state, acting as defendant in the case, argued on Tuesday that the prerogatives of the security companies do not amount to policing and are limited primarily to static defense of residential homes. An average of 140 violent incidents a month in East Jerusalem justify the existence of enhanced state-funded security, the state added, noting that guards are legally and professionally subordinate to the police.
Declining to discontinue the activity of the security companies, the three-judge panel headed by Chief Justice Asher Grunis proposed establishing an arbitration body within the Housing Ministry to deal with complaints against security guards on a case-by-case basis, a proposal ACRI seemed inclined to reject. Justice Grunis said that if ACRI refuses to accept the compromise proposal within 48 hours it is likely to lose the case.
Mazen Odeh, a 29-year-old resident of the Silwan neighborhood in East Jerusalem and one of the petitioners in the case, said he had little hope in the court ruling in favor of the Palestinians. In June 2010 Odeh was shot in the leg by guards protecting the Jewish compound of Beit Yonatan in Silwan. Never questioned by police, Odeh was nevertheless recognized by the National Insurance Institute as a terror victim.“The court is biased toward the settlers and their guards,” Odeh told The Times of Israel. “The state and the court are effectively telling the settlers: ‘Kill Arabs and we are with you, we will acquit you.”