Interesting to see the outcome of this legal battle: will they prevail? I doubt it. Obviously the IDF is peeved; very good, I hope it sets a precedent: an expensive proposition, but if they keep getting sued, maybe they'll think twice ...

Civilian Outpost Sues IDF For Illegal Demolition of Jewish Homes

Av 3, 5769, 24 July 09 09:20

by Maayana Miskin

(Israelnationalnews.com) Residents of Yad Yair, in the Binyamin region, have filed a damage suit against senior IDF officials over the destruction of their community in 2008. The demolition was carried out solely in order to punish residents of the area, they argue, and took place without legal justification.

Not only was the destruction unjustified, plaintiffs say, it was carried out without prior warning, thus depriving residents of the community of their legal right to a hearing. IDF officials did not not warn residents that their homes were to be destroyed, and even lied about the impending operation the night before, plaintiffs say, assuring residents that troops were in the area on a counter-terror mission, and not in preparation for a demolition.

At the time of the demolition, a temporary Supreme Court order delaying destruction of Yad Yair was in effect, residents of Yad Yair claim. Residents say that much of their personal property was needlessly destroyed during the demolition.

The suit has been filed against Judea and Samaria district commander Brigadier-General Noam Tivon, Civil Administration head Brigadier-General Yoav Mordechai, and Binyamin Brigade commander Colonel Aviv Reshef.

Plaintiffs are demanding NIS 432,290 from the two officials responsible for coordinating the demolition – Tivon and Reshef.

In response to the lawsuit, IDF spokesmen accused Yad Yair residents of attempting to intimidate military officials. "The IDF rejects any effort to threaten commanders in order to discourage them from carrying out the tasks assigned to them by the state of Israel," they said.

Buildings in Yad Yair were destroyed legally, "with authorization and authority," they continued.

Yad Yair was established 18 years ago in memory of terror victim Yair Mendelson of Dolev. Residents of the community say they purchased the land on which the town was built from a local Arab, but the Civil Administration has refused to register the sale.

A few comments, from A7 talkbacks:

1. 'Only Following Orders'.Hmm.
One has to assume from the commanders responses that WHATEVER The State says to do they will do. So, IF the State decides that all the Jews in Judea and Samaria are too much to handle and must be subdued, shot if necessary, then they will say - the State made me do it, I was only following orders.

What kind of morons respond this way? Simple - when fighting ones enemies everything is on the table. When ordered to destroy Jewish communities a red line has been crossed.

Too bad these automatons haven't figured it out, but they will be held accountable at one point in time.
Adina Kutnicki, Israel, (24/07/09)

3. Seig Heil!
The Waffen SS had “authorization and authority,” also.
D'veed Natan, Kfar Adumim (24/07/09)

5. Lawsuit
Congragulations. Get the traitors guilty and others will tremble to follow
Mel, RSA (24/07/09)

7. Attempting to destroy our settlements must carry a HUGE price tag.
There are three key components to ending the monstrous crimes of settlement freezes and expulsions of Jews from Judea and Samaria. The first is massive physical resistance to any such attempts. We need to mobilize countless thousands of people to physically stop the abomination. The second key is making the perpetrators pay a HUGE price tag legally and in all other terms. The third is rapidly rebuilding any ruined communities. For this, we need a fund solely dedicated to creating as many and as large Judea and Samaria outposts as possible.
Chaim, (24/07/09)

9. Good! Justice, justice you shall seek. Kole hacavode
This is exactly what we need to learn from the successful anti-Jewish leftist groups. they sue, they cite, they fil, they record, they snoop...and it works.

The wise man is not stiff, he is flexible and can adapt as the situation demands. We can learn from our enemies. We can learn from btselem and mimik them. we can be b'tselem ha b'tselem.
Jacob, Boston (24/07/09)

... and from our friends:

nik:

finally!!!! some Jews with a little guts!!! bravo!!! nik.

Updates:

Barak orders legal assistance for IDF officers sued by settlers
Jul. 27, 2009
Yaakov Katz , THE JERUSALEM POST

Defense Minister Ehud Barak ordered the ministry's counsel general to provide immediate legal assistance to IDF officers who have been sued by settlers.

Barak's office released a statement saying that the defense minister viewed the lawsuits filed by the right-wing radicals as a "way to prevent the officers from doing their jobs."

The two officers who have been sued are Judea and Samaria Division Commander Brig.-Gen. Noam Tibon and head of the Civil Administration, Brig.-Gen. Yoav Mordechai.


Barak Tries to Block Legal Action by Yesha Jews against Officers
Av 7, 5769, 28 July 09 07:48
by Hillel Fendel

(Israelnationalnews.com) Defense Minister Ehud Barak has instructed his ministry’s legal counsel to work with the Justice Ministry to stop Yesha residents from suing IDF officers.

The instructions are seen to be a response to at least two recent court suits: One against a Civil Administration officer for running over a Jewish resident near Shilo, and another against IDF officers for razing the Yad Yair outpost even after the army had received a faxed copy of a Supreme Court restraining order against the demolition.

In addition, two policemen have recently been convicted of using undue violence against Jewish pro-Land of Israel protestors.

Barak’s office released a statement saying, “The Defense Minister views gravely the attempt by extremist elements to terrorize IDF officers and office-holders by filing personal court suits against them with the goal of preventing them from carrying out their jobs properly.”

“Officers and soldiers who act in the framework of their jobs will receive full backing and support from the State and the defense establishment, and every attempt to restrict them will be met with firm opposition,” the statement continued.

The statement was reported to be a response to recent court suits filed by Jewish elements in Judea and Samaria against IDF officers – although Dan Eldad, Special Missions Head in the State Prosecution, says this was not the original intention. Eldad had just sent a letter to IDF officers, promising to support them in the event that they are sued by either Arabs or Jews.

However, circumstantial evidence indicates that Jewish litigants are the targets of the new instructions – and prominent Yesha figures have responded in kind. Orit Strook, head of the Yesha Civil Rights organization, says, “State employees that caused damage in the course of actions they took as emissaries of the State need not, according to law, be responsible for the damage. However, this is true only when they act correctly and properly within the framework of the law. Soldiers can raze many outposts without being sued – but only if they do not go beyond the law.”

'Don't Preach to Us!'
In addition, Itzik Shadmi – a Lt.-Col. in the reserves and a former IDF Deputy Brigade Commander – wrote to Central Commander Gen. Gadi Shamni in response to the latter’s remarks about “false complaints” on the part of Yesha residents against IDF personnel.

Shadmi wrote sharply, “Don’t preach to us. The best of our sons are the fighters and officers in the most elite IDF units, and the IDF belongs to us much more than it does to you.”%ad%

“We saw how you abandoned Lt. Adam Malul and Sgt. Evyatar Gadasi to the mean-spirited suits filed by extremist left- groups," Shadmi wrote, "and we saw how you took action against Brigade Commander Col. Itai Verub for testifying in favor of his underling, Lt. Malul.” Malul has been in detention for months for using violence while arresting an Arabs in Kafr Kadum.

The Lawyer and the Pool
The law suit regarding the Yad Yair destruction was filed by Attorney Doron Nir-Tzvi on behalf of the family that lived there and the Yad Yair association.

Just over a year ago, Civil Administration and police officials destroyed a small swimming pool belonging to Attorney Nir-Tzvi outside his home in the small Jewish neighborhood of Havot Yair. Havot Yair is located in Samaria, 15 miles east of Herzliyah. The lawyer said at the time that he thinks he knows why only he was targeted: "There are 22 families here, and the fact that they hit only the pool and not the other houses is because they are trying to terrorize a lawyer who has been representing [right-wing] anti-establishment causes for ten years… I am comforted by the fact that at this very hour, dozens of houses are being built in Jewish towns all over Judea and Samaria.”