A new legal opinion by the Kohelet Forum, written by attorney Avraham Shalev and commissioned by the Shomrim Al Hanetzach [Guardians of Eternity] organization, states that, contrary to the position of the Civil Administration and the National Guard’s legal advice over the years, Israel has an obligation to act against the destruction of heritage sites in Areas A and B.
The opinion was written against the backdrop of the intention to build a mosque on the territory of the archaeological site of Brechot Shlomo [Solomon's Pools], which, according to the organization, would have meant the irreversible destruction of antiquities, a move that was prevented following the intervention of the political echelon.
The organization claims that for years Israeli enforcement against damage to heritage sites in Areas A and B was avoided due to the position of the Civil Administration and the National Security Council (NSC)'s legal advice. They claim that the new opinion presents a legal foundation according to which Israel is obligated to act to protect heritage sites in these areas as well.
This morning (Thursday), a discussion was held in the Foreign Affairs and Security Committee's subcommittee on Judea and Samaria on the subject of violations of the Oslo Accords by the Palestinian Authority and the Israeli response. During the discussion, it is reported that representatives of the Civil Administration and the National Defense Ministry refrained from clearly answering who is the Israeli entity responsible for enforcing the Oslo Accords in Areas A and B.
According to the opinion, the actions and omissions of the Palestinian Authority constitute a violation of the articles in the Oslo Accords that oblige it to protect archaeological sites and prevent damage to them. It was further determined that in light of this violation, Israel is not limited by the agreements in this context, and it is entitled to exercise its powers in Areas A and B to prevent the destruction of heritage sites, when this is a specific suspension of the arrangements for the purpose of preventing damage and not a sweeping withdrawal from the agreements.
Shomrim Al Hanetzach stated that the opinion provides the political echelon and the cabinet with a legal foundation for immediate Israeli intervention. The organization said, "Solomon Pools and the Hasmonean Palaces also deserve a yellow line. "The time has come for Israel to occupy the area and operate with complete freedom of action. The heritage sites cannot wait. We call on the Israeli government to show governance and act immediately, so that we don't wake up in the morning and discover one day that 3,000 years of history have been destroyed because of legal advice that ties the hands of the executive and political echelons."