The Mandelblit Judgment is soothing: annexation?

Attorney General Avichai Mandelblit gave a speech this evening (Tuesday) at the INSS Institute of National Security Studies in Tel Aviv, entitled “Strategic Assessment for Israel 2020 – Looking to the Next Decade”.

During his remarks, he referred to the Centennial Plan presented by the US President, “We are all excited about the historic and strategic event. We will give our best advice, be there and help, but at the end of the decision is the political echelon. ”

The court hinted that it was not certain that it would give green light to the decision on the issue at the cabinet meeting, “should help the government implement its policy, but be careful about restraining the transitional government. We will see what the urgency of the issue is. Sound and decide. ”

“My perception is that I need to help the government implement its policy and it has rules – there is a need to be strict about restraining a transitional government. If a request is made, I will examine it legally. There are other urgent things in the transitional government. I do not negate anything,” the court noted.

He says, “In 99 percent of cases, we implement it. In cases where that doesn’t happen – the exception becomes a rule. In the end, we are a state of law, that’s part of our power.”

It should be noted that by law, applying Israeli sovereignty to the territories of Judea and Samaria does not require legislation in the Knesset, and for that purpose it is sufficient to make a government decision according to which an appropriate “decree” is issued, since the territories of Judea and Samaria were part of Mandatory Palestine.

This is in accordance with Article 11B of the Ordinance of Law and Judgment (1948), which was approved by the Provisional State Council and remains in force to this day. This section states: “The law, jurisdiction and administration of the State shall apply in all territories of the Land of Israel which the Government has determined by order.”

Applying sovereignty to the Golan Heights in the early 1980s required the enactment of the Golan Heights Law, because the plateau was not part of Mandatory Israel. On the other hand, the Israeli law applied to the liberated territories of Jerusalem after the Six Day War was carried out by order of the Eshkol government shortly after the war.