Wednesday, February 24, 2010

Mamilla update and the text of the judgments

The Jewish Journal of Los Angeles has an op-ed by Rabbi Marvin Hier where he discusses the article I found in the Palestine Post about how the Supreme Muslim Council approved building on the Mamilla Cemetery in 1945 - including its own offices - showing how the Muslim community no longer considered it sacred ground.

It also has an article about the 1945 plan, which mentions me:
The blog, titled Elder of Ziyon, is written anonymously and serves as a watchdog against anti-Zionism.
I'm anonymously famous!

While we are on the topic, I have uploaded the text of the Israeli Supreme Court judgment on the original case (it was corrupted so I had to recover the text only, not the formatting.) I also have the text of the judgment concerning the appeal.

For people who care to read it, one can see that all of the arguments against the building were heard, discussed and dismissed by Israel's Supreme Court. The people who are now making a stink over the museum are being dishonest by repeating only their side of the story and not mentioning how their arguments were demolished, twice. For example, in the appeals judgment:

Furthermore, from the various data produced to us, it appears that the “purple area” has been deeply excavated and that the work of moving the tombs and interring the human remains has been completed. Such being the case, it can no longer be said that the Court’s intervention is necessary for the purpose of implementing the recommendations of Mr Sulimani in the report that he filed so that the whole site will be excavated. In view of this state of affairs, it is not clear what relief the Petitioners are seeking from the Court. Are they seeking to stop the construction of the Museum at the site even though the tombs and human remains that were there have been moved? Or is it sought to move the tombs back to the site and thereby prohibit construction? One way or the other, it is clear that those applications cannot be met and there is no cause to do so either, in view of the express findings of the judgment in the first petition.

We have gained the impression that whilst the first petition was filed with the intention of raising factual and legal pleas against the venture and obtaining the Court’s decision, the filing of the petition herein was essentially intended to bring about a delay in the Museum’s construction, in such a way as amounts to an abuse of court proceedings.
The first judgment is much lengthier and describes each sides' arguments in great detail. One of the more laughable claims made by the anti-museum side was this one:
It submitted the opinion of Dr Hassan Sanalla of 12 December 2006, which reviewed the extensive protection given to Jewish burial sites in Islamic countries, and the general protection extended to sites of a religious character in international law

The most important cemetery in the Jewish world is on the Mount of Olives, which is not only ancient but also still being used today. And that cemetery was mercilessly defiled by the Jordanians between 1948 and 1967:
On the Mount of Olives, the Jordanian Arabs removed 38,000 tombstones from the ancient cemetery and used them as paving stones for roads and as construction material in Jordanian Army camps, including use as latrines. When the area was recaptured by Israel in 1967, graves were found open with the bones scattered. Parts of the cemetery were converted into parking lots, a filling station, and an asphalt road was built to cut through it. The Intercontinental Hotel was built at the top of the cemetery. Sadar Khalil, appointed by the Jordanian government as the official caretaker of the cemetery, built his home on the grounds using the stones robbed from graves. In 1967, the press published extensive photos documenting that Jewish gravestones were found in Jordanian Army camps, such as El Azariya, as well as in Palestinian walkways, steps, bathrooms, and pavement.

Here are some pictures of the desecration. (h/t Boker Tov Boulder)

Here are Jewish tombstones used as pavers for a road:

For building a wall:

For building a bench:
The hypocrisy is stunning.