Opinion by Gershom Gorenberg: Shame on me for believing courts could stop the Israeli settlement machine
to tear down the houses. In these rulings and others concerning settlements, the court seemed to have at least one red line: It would protect Palestinians’ private property rights.
Nonetheless, the ground did not shake in other settlements. Small victories in court did not change larger government policies., handed down last week, the Supreme Court crossed its own red line. The ruling dealt with a West Bank outpost called Mitzpe Kramim, and overturned a previous order to evacuate settlers who built homes on Palestinian property.
It makes sense for Israeli activists to continue to fight in court, both to help individual Palestinians and to keep the issues in the public eye. But it’s a mistake to half-consciously treat the Supreme Court as a group of philosopher kings and queens who will reshape national policy in pure pursuit of justice. When dealing with the occupation, they are part of the occupying state. Even when seeking to be most objective, most just, they are shaped by the Israeli public conversation.
Those of us in Israel who see settlement and occupation as both unjust and a danger to the country have to devote much more effort to putting the issue back at the top of the nation’s political agenda. The court we need to convince is the court of public opinion.
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