Uprooting the Olive Tree

by Lloyd Philip Johnson

  “I would argue that you can take your choice. We simply don’t know for sure. But the boy denies the charge and has stuck to his story during three weeks of imprisonment.

  “But the greater question is what incited this conflict? Our military curfew isolated him from his family at age ten. He did everything he could to get back home on the other side of the curfew line. Do you want the world to know we imprison such children at that age, and keep them in solitary confinement without established charges? Contrary to our law of imprisonment of young people below age fourteen, he has served his time and more. He should be released immediately.”

  The court became quiet as Uri sat. Jamal noticed the older judge bit his lip and nodded, staring at the back wall. Finally, the presiding judge, after looking with eyebrows raised at her other colleague, elicited a headshake from him. “Hearing no other questions from the court, and I have none, let me tell you this. I have no doubt that we will decide your petition very soon since this involves a child still in prison. I have grandchildren and understand.”

  Jamal smiled, turning to Uri, whose gaze fixed on the judge. He nodded.

  “Let’s turn to the second petition. We will hear first from Mr. Katsman and then the counsel for the settlement expansion in Zubuda. I have a question, Mr. Katsman,” she began. “Have you met the family involved and visited the farm?”

  “Yes.”

  “I understand that Faisal Farhan was injured severely by one of our bulldozers? Compound fracture of the lower leg?”

  “Correct. He is currently immobilized with an open wound and external fixation of his fractured leg now many weeks after the injury.”

  “What did you observe on visiting the farm or orchard?”

  “From the large Israeli community on the hill above, our IDF built a new road winding down to the orchard below next to the separation fence. The foundations of a wall extension are being built and partially in place. The unfinished and yet unpaved road leads directly to the north edge of an olive and apricot orchard where a Caterpillar bulldozer had stopped. No one was around. One tree, a large olive tree at least fifty years old, lay on its side, uprooted. No other trees were damaged. I learned from the IDF the machine will be inactive until a crucial part arrives from the US.”

  The presiding judge flipped through several pages of the brief. Turning to her left she asked her colleague, a younger man with reading glasses and short gray hair, “Do you have questions?”

  “I do. Mr. Katsman, why in your view did the military court place a demolition order on this particular farm when no others around received one?”

  “As I read the proceedings of the court, they cited inadequate documentation of ownership over the past twenty years and the expressed need of the community above for this land. I don’t know why others are immune from a demolition order. I could speculate that it involved proximity to the community, and that they requested demolition so they can grow their new city down the hill to the fence.”

  “How big a farm is it?”

  “Forty dunhams—about ten acres.”

  “Not a big one. Hardly worth the trouble.”

  “It’s big to the owners. Their only means of livelihood.”

  “Has the community offered to buy them out, or proposed land in the Negev as a trade?”

  “Not to my knowledge.”

  “Would that be a satisfactory solution to the family?”

  “I can’t speak for them, but I doubt it. They expressed an attachment to their land as part of them. They quoted a friend who said, ‘The land is our mother; our mother is not for sale.’”

  “It looks like we will need more information from both the community and the family before a final decision.”

  “We agree, Your Honor. We are asking only for an injunction for thirty days to stop any further destruction of the farm and trees. That will give both sides a chance to martial their arguments to present to you for a final decision. That seems to be the just and fair course of action for now.”

  The justice nodded to the presiding judge.

  “I have no further questions. I see the counsel for the settlement in question has arrived.” The head justice nodded to the tall, lean attorney, a young, blond man who hurried to the other end of the long table.

  “Thank you, Your Honor. Our community only last week learned of this appeal to the Supreme Court. The military court last year ordered the expansion of our growing town under Israeli law and we have proceeded to implement that plan. I thank the Supreme Court for allowing us to present our case to continue with it. You have before you the original court documents and our current hurried defense of the need for growth. I would be happy to answer any questions you may have regarding them. We would like more time to develop our arguments before the court, but thank you for this preliminary opportunity.”

  “Since we have had little time to consider your position, please summarize your case for the court.”

  “Thank you, Your Honor. First, the natural growth of our community demands more space for building new units as our population increases. This is consistent with the long-term policies for so-called settlements, which our government has pursued in Judea and Samaria for decades. The land belongs to greater Israel under the ancient covenants, and you in this court have confirmed the rights of our government to expand into areas B and C where we have jurisdiction according to Israeli law.”

  The presiding judge frowned but said nothing.

  “Secondly, in this case, under the Prescription Law, 5718-1958, farmers must prove uninterrupted cultivation of their land for fifteen years, or after registration of title, twenty-five years. The defendants have not done that to date.

  “Third, the state is allowed to take land under 5710-1949, the Land Requisition Act, if it is necessary for, and I’m quoting, ‘the defense of the state, public security, the maintenance of essential supplies or essential public services, the absorption of immigrants or the rehabilitation of ex-soldiers or war invalids.’ In the present case, the community needs this expansion to accomplish the very purposes stated in the law.”

  “Are you saying that public security would be threatened by the family that currently farms the land?”

  “Yes, even though our separation fence is a barrier to them, they do have access to the land through a checkpoint and could pose a threat to our community. We need to grow, and the only practical way is to enlarge down the hill to the wall that is already there. That would provide the security we need from them or other Palestinian terrorists.”

  “Has the community been threatened?” the presiding judge continued.

  “Not so far, Your Honor. We are simply requesting the court to prevent any future problems by confirming the decision of the military court to allow us to proceed with the development.”

  She looked at her colleagues. “If there are no further questions, we will adjourn and inform you of our decision within a few days, regarding an injunction to temporarily halt the development while your cases are completed.” The presiding judge banged her gavel as the three justices stood along with all in the courtroom and left.

  Uri turned to Jamal with a shrug. “I don’t have a good feeling about this one.”

  CHAPTER 55

  The Israeli Cabinet Room in Jerusalem crackled with excited conversations of the ministers wondering why this emergency meeting had been called for at ten o’clock in the evening. Uri had been discussing the day’s events in the Supreme Court with Carmella, explaining the strong arguments by his opponent, the lawyer for the settlement. The Cabinet members clustered in small groups as usual before the start of the meeting. He looked around the room seeing the defense minister motion for him to come.

  “Uri, I heard some distressing news today.”

  “What was that, Dan?”

  “That you advocated in the Supreme Court today for a Palestinian about a land matter in Samaria without discussing it with me.”

  “I hadn’t thought that necessary.”


  “That was an order of the military court that you challenged, our court under my jurisdiction. You know either the prime minister or myself are in charge of settlements as our enemies like to call them.”

  “Under our law the Supreme Court exists as an appellate body, and as a lawyer I have the right to represent clients. Under the new law, Palestinian lawyers are excluded from representing clients, and I chose to help.”

  “You bring the weight of being a cabinet minister beyond your credentials as an attorney giving you an unfair advantage in the courtroom. Despite that the issue is not in the province of the Ministry of Internal Affairs. You stepped out of your place to defend an enemy of the State of Israel.”

  “Do you want to know why I did that?”

  “I don’t care why you acted contrary to your position and in disloyalty to it.”

  Uri turned red in the face. “I did what my conscience told me after much consideration. Given the same situation, I would do it again.”

  “We’ll see what the prime minister decides to do with you.”

  With that the defense minster walked away and sat down as the prime minister banged his gavel to start the meeting.

  “Gentlemen and ladies, I want to inform you that three teens in an Israeli community near Hebron in Judea have just been kidnapped and murdered. We don’t know who did it but are investigating. This may provide the incident we have been looking for to punish Gaza again for Hamas, for their tunnels and the rockets. Carefully done, we may be able to prevent the Hamas and Fatah political parties to form a single government for Palestine, to plead to the world for full recognition. Worldwide reaction to the murders must be swift. We have a chance to use this incident to mow the lawn again in Gaza. This time we have Iron Dome to protect us from their rockets. So I want to hear from you suggestions for moving ahead.”

  After an hour’s debate, often contentious, the prime minister summarized the discussion, adding his own input in places. There would be no autopsy of the young victims. They would be buried quickly. But the press releases coming from government sources would all state that the bodies had not been found but were being sought and the young men could still be alive, prolonging suspense and sympathy in Israel and around the world. He would issue press statements blaming Hamas, the political party in Gaza, even though the murders took place in the so-called West Bank near Hebron.

  “We have our forces marshaled and have been ready for several weeks near the Gaza border,” the defense minister advised. “The incident we have been waiting for is now here. The Air Force is ready to strike and the land and sea blockade is of course in place. The defense forces are ready on the Gaza border. So these Palestinian terrorists will have no place to hide, trapped in their small enclave. We have a chance to destroy Hamas once and for all. I see no reason to delay.”

  Uri thought of the only Palestinians he had ever really talked to, Najid, Faisal, and Almas, and oh yes, the lawyer Jamal. He winced at the phrase Palestinian terrorists. It seemed they never used the first word without adding the second. Although he had grave misgivings about the deception involving the murdered teens and using that lie to precipitate a war, wouldn’t he have to go along with it? He’d only compound his difficulty by raising questions. Given the anger of his colleague from defense, he could be in real trouble with the prime minister. The two thought alike.

  Uri sighed at the vote to start another bombardment of a mostly civilian refugee population in the name of destroying Hamas. What would be different this time around? Would it accomplish anything or be just another war like the previous one that killed over a thousand civilians and solved nothing?

  After the unanimous vote to affirm the actions, he drove home wondering what he would do with his own conscience.

  ***

  Carmella woke up and turned on the light from their king-sized bed as her husband tiptoed into the adjoining bathroom. “It’s two in the morning. What was that emergency cabinet meeting about?”

  Uri sat on the edge of the bed and explained his conversation with the defense minister of the Yisrael Beitenu, the “Israel is our Home” party. “He’s powerful in the government and could make it miserable for me to stay in the Cabinet. But I’m not sorry for what I did. In both cases, the boy and the family about to lose their farm needed to be represented well in the Supreme Court.”

  “But that wasn’t the reason for the emergency meeting,” Carmella said, now wide-awake.

  “No. It looks like we’re going to “mow the lawn” again in Gaza, lose more lives on both sides, all on false pretenses.”

  “Another war?!” Carmella searched his face. “Why? It’s been only two years since Returning Echo in 2012 and five since Cast Lead.”

  Uri shook his head. “And I voted for it.” He continued to tell his wife the whole story of the meeting and the final decision to attack Gaza. “I didn’t have the courage to say that the collective punishment of nearly two million people for the acts of one or two murderers is not right. But more than that, the PM has blamed Hamas in the world press and is taking revenge on them when the actual killing took place near Hebron in Judea, not even near Gaza. So we are going to unleash the full force of our ground, sea, and air and might ostensibly destroy the rockets and tunnels of a group of militants and a huge number of women and children in the process.”

  “But you have to support our government in the war against the terrorists.”

  “You’re right, Carmella, but I don’t have the heart for another useless war every two years. Against mostly civilians. Nothing ever changes. These operations accomplish nothing except killing lots of civilians and a few Hamas militants and a few of our soldiers, occasionally an Israeli civilian or two.” He sighed. “I don’t know what’s happened to me lately.”

  “We’ve both changed, Uri, since Najid and Ashley came into our lives, and saved yours.”

  CHAPTER 56

  Fatima answered her cell phone in their Haifa apartment. They had invited Sami over to join the family for dinner so he wouldn’t have to cook and eat alone. She excused herself and went into her bedroom to talk. “Najid?” She recognized his number.

  “No, this is Ashley, Fatima. I have some news.”

  “I hope it’s good.”

  “I received a call from Jamal just a few minutes ago. He told me about going with Uri Katsman to the Supreme Court to argue for Ali’s release. He said the guy was very forceful, understood both Ali’s side of the story and Israeli law. He spoke very—”

  “Did the court decide anything yet?”

  “Do you have plans for tomorrow?”

  “We’ll be visiting Ali as we do every day now.”

  “Well, plan on a bus trip to Jerusalem and Bethlehem with Ali.”

  Fatima started jumping up and down. “Are you sure? They are really going to let us take Ali out of that horrible prison?”

  “That’s what Jamal said. Our prayers are answered. The High Court apparently sent an order to the head of the Interrogation Center yesterday afternoon ordering Ali’s freedom. Jamal asked me to tell you so you can prepare to bring Ali home tomorrow!”

  Fatima squealed with delight, ran with her phone into the front room shouting to her parents and Sami, “They’re going to let us take Ali home!”

  Pandemonium broke loose with everyone talking and laughing while Jamilah wiped away a few tears in the midst of her joy.

  “Oh, sorry, Ashley. I forgot to thank you. Are you still there?”

  “I heard your family and Sami, Fatima. That is thanks enough.”

  ***

  Jamal punched in their number slowly from his office in East Jerusalem. If Uri read the High Court correctly it didn’t look like Faisal and Almas would be able to save their farm. However, he could tell them of the temporary good news.

  “This is Jamal. How is Faisal?”

  “His wound has healed now. It looks like they will be taking out the pins soon and put on a walking cast. Then he can be up and around at least with crutches.�
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  “Good to hear.”

  “Did you go to court with Mr. Katsman?”

  “We did. He presented a strong case for you. But the lawyer for the settlement also did well for them, citing Israeli law that in his view justified their taking your farm.”

  “I can’t believe they can make stealing our land sound legal and right.”

  “Neither can I. Nor can most countries of the world that want the expansion of settlements stopped. It is clearly illegal by the Geneva Conventions governing what an occupying army can do.”

  “But, Jamal, that doesn’t keep them from doing it to us and to many in the West Bank while they talk of wanting peace. Anyway, when will we have a decision of the court?”

  “We do have the initial one now. An injunction to halt demolition of your orchard for thirty days.”

  “At least that is something like good news. Let me get Faisal on the speaker phone so we both can hear your explanation.”

  “Good afternoon, Faisal. I’m pleased to hear your leg is healing well. I just told Almas that we have a thirty day injunction to halt the bulldozers from destroying your farm.”

  “Thank you. I’m looking forward to being up walking again. But tell us what this means for us and the orchard.”

  “It means that they cannot go on your land or destroy any trees or anything else for a month.”

  “That’s good. And after that?”

  “We don’t know. The thirty days will allow us to prepare the strongest case possible to present to the court to save your farm. The settlement lawyer will be doing the same. Mr. Katsman will represent us.

  “So this is just a temporary reprieve, Faisal. The final decision of the court will come at some time after both sides present their arguments, and following the court’s internal debate.”

  “I don’t see how they can rule that stealing another’s land is okay to do.”

  “I can’t either. But the other side is using Israeli law, including old ones from 1949, to justify taking Palestinian property for the State of Israel. So despite the temporary victory, don’t assume a favorable decision to overturn the military court order. It may not happen. We’ll just have to wait. Expect the best, but plan for the worst.”