The decision is the most recent stage in the sixth petition filed by Regavim against the Palestinian Authority’s flagship outpost in the systematic takeover of Area C.

 

Presiding over the judicial panel, Justice Solberg’s decision included harsh criticism of the government’s conduct: “There is no doubt that the day is fast approaching when it will no longer be possible to accept the lack of clarity in this case, which requires a clear and decisive resolution – one way or the other.

 

Even if the various proposed solutions were sufficient cause to postpone the inevitable, it is not possible to stall indefinitely. Even attempts to reach a consensual resolution must have limits. At a certain point, these attempts become a source of contempt, and this we must not accept.

 

Our job as judges is to bring clarity to the petitions that are brought before us; this is our task, and this is our duty. We cannot sit idly by and do nothing in the face of this continued procrastination. We intend to complete the hearing process in this case soon after the government files its reply and after we consider any further responses to that reply; either way, this case must be resolved."

 

Justice Stein joined Justice Solberg’s decision, adding that “the principle of legality, which we have been entrusted to carry out and to encourage, does not allow the state to ‘sit on the fence’ for years at a time and gaze at illegal structures without taking a definitive decision to either regulate or demolish them.”

 

Justice George Kra expressed reservations regarding the criticism voiced by his fellow justices, noting that “at this time I see no reason to tie the court’s hands and limit our options regarding the continued adjudication of this petition.”

 

All this procrastination won’t change the bottom line: the Israeli government must take action against the ongoing Palestinian takeover of Judea and Samaria!

 

Khan al Ahmar has been, and continues to be, the test case for the larger strategic challenge - the battle for Area C.