An ongoing debate is raging within the government about how to insure the survival of the Jewish community of Amona. Located near the much larger community of Ofra, Amona is fighting a High Court order stating that it must be destroyed because it was built on “private Palestinian land.” In order to implement a just and sustainable solution, it would be wise to examine how Amona — which was established more than two decades ago with government backing on empty land — came to be considered “illegal.”
After the Six Day War in 1967, Israel placed the newly won areas of Judea, Samaria (the so-called West Bank), and eastern Jerusalem under military rule, hoping to trade all or most of them for peace treaties. With a few exceptions, Jews were not permitted to live in Judea and Samaria and its status seemed to be temporary and unclear. Government policy was ambiguous, at best. In order to provide a structure and authority that would allow normal life to continue, the government turned to the IDF which established the Coordinator of Government Activities in the Territories (COGAT), and the Minhal Ezrachi (Civil Administration).
Based on legal advisors, the IDF commander ruled that the IDF would follow Jordanian law completely and exclusively, except where it conflicted with IDF rules and regulations. This was an administrative decision, not law, and exceptions were made, for example to apply Israeli law concerning VAT. But regarding land ownership, the Minhal followed Jordanian law. This became important several decades later as Jews built new communities and as Arab Palestinians and NGOs Peace Now, Yesh Din and Rabbis for Human Rights, appealed to the High Court claiming that Jews had built their homes and property on “privately owned land.”
Their claims are based on massive land distributions that were carried out by Jordan during the early 1960’s in Judea and Samaria (the West Bank). These arbitrary land grants were unconditional and, according to Mandate and Jordanian law, when recorded in the land registry, gave the recipients title and permanent possession. Most of the land was never used and no taxes were paid, which are required by Ottoman law, and therefore should have nullified any claims of ownership.