צילום: Lior Mizrahi // The entrance to the Migron outpost in the West Bank. The High Court ordered it be dismantled by the end of March next year.

High Court orders largest West Bank outpost to be dismantled

High Court accuses the state of dragging its feet on removal of Migron outpost • Settlers accuse the High Court of "showing contempt for the rule of law" • Peace Now praises the "most dramatic decision on settlements since the disengagement."

The High Court of Justice on Tuesday ordered that by the end of March 2012 the state must dismantle the West Bank outpost of Migron, which it said was built illegally on privately owned Palestinian land.

In response to a petition filed five years ago by Peace Now and Palestinians in the Ramallah area, the state confirmed that Migron, located three miles north of Jerusalem, is an illegal outpost that must be removed, but requested time to negotiate with its residents and give them an opportunity to leave on their own accord.

The High Court had previously agreed to similar requests, but this time accused the state of dragging its feet and ordered it to raze the outpost.

Migron, which covers large swaths of land, is the largest illegal outpost in Judea and Samaria, and is home to about 250 residents.

"We made every effort to show restraint and patience to find a compromise, despite the brazen violation of the law," the judges wrote in their ruling, adding that they approached the matter delicately to avoid having the conflict appear political in nature.

"This is the most dramatic decision made regarding settlements since the disengagement [from the Gaza Strip in 2005]," Peace Now head Yariv Oppenheimer said.

According to data compiled by Peace Now, there are 99 unauthorized outposts in the West Bank, 80 of which are built at least partly on privately owned Palestinian land.

One of the founders of Migron, Itai Harel, criticized the court's decision. "The judicial branch in Israel is also the legislative and executive branch," Harel said. "The High Court refused to listen to the evidence we presented. This is a political decision disguised as a judicial ruling."

"The High Court has shown contempt for the rule of law," Itzik Shadmi, chairman of the Binyamin Settlers Committee, said following the ruling.

Meanwhile, Judea and Samaria Police on Monday served restraining orders to 12 settlers, barring them entry to areas in the West Bank.

The restraining orders were issued on the recommendation of the Israel Security Agency (Shin Bet) and were signed by GOC Central Command Maj. Gen. Avi Mizrahi, who is the sovereign authority in the West Bank.

The orders were issued following claims that the settlers, residents of Yitzhar and nearby settlements, have been involved in violent activity, including the vandalism and arson of Palestinian cars, mosques and buildings, over the past two years. The restraining orders range from three months up to one year.

The Association for Civil Rights in Israel condemned the move on Tuesday, citing the restraining orders as an affront to the individuals' basic human rights.

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