Eliav Schochetman, Hebrew University Professor of Law Emeritus and Dean of the Shaari Mishpat Law College, gave a lecture a few years ago on the subject of “The implications of forcible expulsion in the light of Israeli civil rights law and in light of international law”

Regarding the constraints on such matters in Israel, Prof. Schochetman mentioned the state of Israel preserves its democratic system under the constraints of ” The Israel Basic Human Rights Law” which oversees Israeli democratic institutions in matters of human rights and civil liberties, much as the US Bill of Rights ensures that the US government can never trample on the human rights and civil liberties of American citizens.

That Israeli Basic Human Rights Law is based on the 1948 Universal Declaration of Human Rights, to which all democratic governments are adherents.

Prof. Schochetman asserted that in the current situation, given the legal precedents from Israeli court cases and from court cases around the world, any Israeli government decision to expel people from their homes, even in the context of a diplomatic move, would represent a wanton violation of basic human rights and civil liberties that are protected under Israeli and international human rights law.

Prof. Schochetman cited clause 9 of the Universal Declaration of Human Rights,which states that it is illegal for sovereign governments to expel their own citizens from their homes, their private properties or from their farms.

Since the only group slated for expulsion would be Jews, it may be recalled that the government of Serbia was held liable for international prosecution at the International High Court of Justice in the Hague, under the charge of “ethnic cleansing”, after leaders of Serbia expelled an ethnic minority, solely because of their religion.

Prof. Shochetman noted that no expulsion can take place without a decision of Israel’s Knesset parliament that would hold up under international human rights law and Israeli civil liberties statutes.

Amona obstinacy was with the govt, which was negligent in its examination of the land issues connected to Amona.

The govt decision to expel the people from Amona as a result of this neglect was predicated on finding a place for the people who had been living there for 20 years to be located to a new area.

However, the gov’t chose to ignore fundamental human rights and threw them out in the cold before it had arranged for new homes.

The gov’t had 2 years to make this arrangement. The people were ready to go. However, wanton neglect of the govt won out, with too many media outlets speciously reporting that this was some kind of outpost, and not a community that had thrived for 20 years.

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David Bedein is an MSW community organizer and an investigative journalist.   In 1987, Bedein established the Israel Resource News Agency at Beit Agron to accompany foreign journalists in their coverage of Israel, to balance the media lobbies established by the PLO and their allies.   Mr. Bedein has reported for news outlets such as CNN Radio, Makor Rishon, Philadelphia Inquirer, Los Angeles Times, BBC and The Jerusalem Post, For four years, Mr. Bedein acted as the Middle East correspondent for The Philadelphia Bulletin, writing 1,062 articles until the newspaper ceased operation in 2010. Bedein has covered breaking Middle East negotiations in Oslo, Ottawa, Shepherdstown, The Wye Plantation, Annapolis, Geneva, Nicosia, Washington, D.C., London, Bonn, and Vienna. Bedein has overseen investigative studies of the Palestinian Authority, the Expulsion Process from Gush Katif and Samaria, The Peres Center for Peace, Peace Now, The International Center for Economic Cooperation of Yossi Beilin, the ISM, Adalah, and the New Israel Fund.   Since 2005, Bedein has also served as Director of the Center for Near East Policy Research.   A focus of the center's investigations is The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). In that context, Bedein authored Roadblock to Peace: How the UN Perpetuates the Arab-Israeli Conflict - UNRWA Policies Reconsidered, which caps Bedein's 28 years of investigations of UNRWA. The Center for Near East Policy Research has been instrumental in reaching elected officials, decision makers and journalists, commissioning studies, reports, news stories and films. In 2009, the center began decided to produce short movies, in addition to monographs, to film every aspect of UNRWA education in a clear and cogent fashion.   The center has so far produced seven short documentary pieces n UNRWA which have received international acclaim and recognition, showing how which UNRWA promotes anti-Semitism and incitement to violence in their education'   In sum, Bedein has pioneered The UNRWA Reform Initiative, a strategy which calls for donor nations to insist on reasonable reforms of UNRWA. Bedein and his team of experts provide timely briefings to members to legislative bodies world wide, bringing the results of his investigations to donor nations, while demanding reforms based on transparency, refugee resettlement and the demand that terrorists be removed from the UNRWA schools and UNRWA payroll.   Bedein's work can be found at: www.IsraelBehindTheNews.com and www.cfnepr.com. A new site,unrwa-monitor.com, will be launched very soon.


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