High Court rules Mitzpe Kramim settlement outpost will not be evacuated

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

Mitzpe Kramim. (Gideon Mermelstein)
Mitzpe Kramim. (Gideon Mermelstein)

The High Court of Justice rules the Mitzpe Kramim settlement outpost built on private Palestinian land should not be evacuated since it was allocated by the government to the settlers in good faith.

The High Court had previously ruled in 2020 that “good faith” legal measures did not apply to Mitzpe Kramim and that the outpost should be demolished, but determined that the “good faith” principle could be applied to other settlements built on private land.

Legal representatives for the settlement argued that they had received the land in good faith from the Settlement Division of the World Zionist organization and that even though the land turned out to have private Palestinian ownership the settlement should be allowed to remain.

The High Court today upholds that position, which allows the legal tool known as “market regulation” to be employed. The tool grants retroactive legalization to outpost homes built on Palestinian land so long as they were constructed in “good faith.”

Opposition leader Benjamin Netanyahu welcomes the ruling, saying he would formally legalize the settlement and work toward the legalization and success of “settlement outposts and settlements all over the country” if he is able to establish a new right-wing government after the coming elections.

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