Seizure of land in Jerusalem nullified
JERUSALEM -- Israel's attorney general nullified yesterday a recent decision by Israeli Cabinet ministers to seize Jerusalem land of absentee Arab owners, declaring that it violated domestic and international law.
The decision by Meni Mazuz blocked what attorneys for the landowners said was an attempt by Israel to confiscate thousands of acres of Jerusalem land and to cement Israeli control over the eastern sector of the city, whose fate is one of the most difficult issues in any future peace talks. The Palestinians hope to make east Jerusalem the capital of an independent state, while Israel claims the entire city as its capital.
Hundreds of acres of Jerusalem land have been seized in recent months, the attorneys said. Mazuz issued his ruling after ordering an urgent review, saying he was never consulted about the policy, which was secretly approved by Cabinet ministers last summer. The United States also had asked Israel to reverse the decision after it was brought to light last month.
The Cabinet ministers decided last summer to enforce a long-dormant ''absentee property" law that allowed Israel to seize the property of Palestinians who fled or were driven from their homes during the 1948-49 Mideast war. Since capturing east Jerusalem in the 1967 Mideast War, Israel had never applied the law to the disputed area of the city.
Prime Minister Ariel Sharon's office declined to comment.
Mohammed Dahla, a lawyer who said he represents many Palestinians in the Beit Jalla suburb south of Jerusalem, said: ''This is a very important decision. It is basically fulfilling justice for Palestinians. It was unjust, unconstitutional and illegal under international law."
Also yesterday, Israel said it wouldn't hand over five West Bank cities to Palestinian authorities in the coming days as indicated earlier until militants stopped attacking Jewish targets in the Gaza Strip. Israeli Defense Minister Shaul Mofaz delivered the message to former Gaza security chief Mohammed Dahlan during a meeting Monday night after a barrage of mortars against Jewish settlements in the coastal region.
The random shooting death of a 10-year-old Palestinian girl in a southern Gaza schoolyard earlier that day prompted the attacks. Israelis and Palestinians each say the other fired the shot.
Israel's stance increases the pressure on Palestinian leader Mahmoud Abbas in advance of his expected meeting around Feb. 8 with Sharon. Unless he's able to clamp down on the violence, the meeting is unlikely to net significant results.
The plan to pull back from the West Bank cities followed Abbas's election last month and his decision to deploy Palestinian security forces to secure the border between Israel and the Gaza Strip. Israeli leaders said they believed Abbas was making a genuine effort to halt the violence.
Israelis are hoping the summit will address their security concerns. Palestinians want thousands of Palestinian prisoners in Israeli jails released, a formal truce on both sides, and steps toward a resumption of peace talks.
But Abbas may lack the political and military clout to halt the attacks, which continued yesterday with more mortar fire against Gaza settlements. No serious injuries or damage was reported.
Palestinian officials objected yesterday to Israel's preconditions, saying it was unreasonable to expect the newly elected Abbas to stop the violence in a few weeks when the Israeli military had failed for four years. Abbas had recently persuaded militants to adhere to an informal cease-fire, but he has refused to forcibly dismantle the groups as Israel insists.
''It's not enough to get Hamas [militants] to flip on the safety of their Kalashnikov rifles," said Dore Gold, a Sharon adviser. ''Those rifles have to be collected and destroyed."
Palestinian leaders fear that a forcible crackdown on militant groups would lead to a Palestinian civil war.
By many accounts, the Palestinian security forces are 41,000 strong, 36 percent larger than what was stipulated in the 1993 Oslo Accords that established the Palestinian Authority.
Mohammed Shtayeh, a senior aide to Abbas, said Israel should halt its military activities in Palestinian territories if it wants violence to die down.
Material from the Associated Press was included in this report.
