Government asks court to dismiss petitions to force it to demolish Khan al-Ahmar

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

View of the Bedouin village Khan al-Ahmar, in the West Bank on January 23, 2023. (Yonatan Sindel/Flash90)
View of the Bedouin village Khan al-Ahmar, in the West Bank on January 23, 2023. (Yonatan Sindel/Flash90)

The government asks for the petitions against the state demanding it immediately demolish the illegal Bedouin encampment of Khan al-Ahmar in the West Bank to be dismissed, insisting that the timing of such action is squarely within the purview of the government itself.

Despite ultranationalist leaders in the cabinet including Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben Gvir having repeatedly called for the immediate demolition of Khan al-Ahmar, the state argues there is no room for judicial intervention since it is a diplomatic issue which the court should not involve itself in.

The government nevertheless insists in its response that its position is that Khan al-Ahmar should be evacuated and demolished and that the question is not whether to do so, but when and how.

“The petitioners have not proved any cause which would justify court intervention in the broad discretion the political echelon has regarding the manner and timing of the implementation of the demolition orders in the [Khan al-Ahmar] compound,” wrote the state.

The state says the timing of the demolition as demonstrated by classified materials shown to the court “is a complex and sensitive question, the consequences of which exceed mere construction and planning laws.”

It added that the evacuation of the encampment could have consequences for Israel’s foreign relations and security.

The right-wing Regavim organization, which is one of the petitioners demanding Khan al-Ahmar be immediately demolished, denounces the government’s position, saying “the Israeli government has created the silver platter on which we will be handing the Palestinian Authority a state in the heartland of Israel: the illegal outpost known as Khan al-Ahmar.”

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