The government formally acknowledges that the Homesh outpost is illegal and must eventually be dismantled, but asks the court to not get involved in the matter, in response to a petition by the left-wing organization Yesh Din.
Yesh Din filed its petition earlier this year, forcing the government to explain why it allowed settlers to establish a near-permanent presence in Homesh, despite that being explicitly illegal under the 2005 disengagement law, which ordered the eviction of the Israeli settlement as well as several others in the northern West Bank and all of those in the Gaza Strip.
Ahead of an impending court hearing, the state responds to the Yesh Din petition and acknowledges that the renewed outpost at Homesh is indeed illegal under Israeli law and that Israelis are barred from even visiting the site.
The state repeatedly asserts that security forces are working to prevent Israelis from reaching Homesh — indeed a number of checkpoints have been established there — but that some settlers circumvent those efforts by ascending to the site on foot. As a result, there is a group of a few dozen settlers present at the site at all times. The government fails to address the fact that security forces could go up to the site and remove those present, but choose not to.
The government says the issue has grown increasingly complicated in the past six months, following a terror attack just outside Homesh, in which one Israeli settler — Yehuda Dimentman — was shot dead, leading to increased tensions and violence in the area. Settler leaders and right-wing politicians have also called for the outpost to be retroactively legalized as a form of retaliation for the deadly attack.
In its response, the government says the site will eventually be fully dismantled, but has set no deadline for itself to complete that task, and instead states that the decision to enforce the law is made “at the discretion” of the defense minister and in response to “ongoing situational assessments that the defense minister is constantly making.”
Yesh Din, which opposes Israel’s ongoing military control of the West Bank, lambastes the response, calling for the government to dismantle the illegal outpost immediately.
“Despite the fact that the State of Israel acknowledges unequivocally that the Homesh settlement is an illegal outpost that must be evicted, it is not evicting it. The decision to choose the timing of the eviction is a mistake — Homesh must be evicted immediately regardless of any political consideration. Despite the state’s claim, it is important to note that military forces are allowing the presence of settlers in the Homesh settlement,” the organization says.