Sunday, April 01, 2012

Yedidya Atlas: The “Objective Truth” in the Strange Case of Migron


By: Yedidya Atlas

Sara Hirschorn, in her recent op-ed in The Times of Israel, “Who Has the Monopoly on Truth at Migron?”, challenged my article “Something is Rotten in the State of Israel: The Strange Case of Migron” criticizing Israel’s Supreme Court’s decisions regarding Migron. While she is certainly entitled to disagree with me, her article missed the point.

Sara’s main contention follows the argument of the late history Professor Peter Novick of the University of Chicago that there is no objective truth. However, whether or not, objectively or subjectively, this is true or even makes sense – it is not relevant.

By definition, in a court of law the truth is determined by accepted procedures applying to evidence. In the case of Migron, the Peace Now lawyers represented Palestinian Arabs who were purported to be the registered owners of the land upon which Migron is built. The court of law that dealt with validating or rejecting the plaintiffs claim was the Jerusalem Magistrate’s Court.

In that case, the Arab plaintiffs who claimed to be the owners of what is actually only one quarter of the land upon which Migron was built were unable to produce evidence to prove their claim. In fact, Migron’s lawyer at the time, now Supreme Court Justice Hanan Melcer, proved that their claims were false, and in fact, the Peace Now lawyers of said plaintiffs subsequently withdrew their case.

Again, this did not stop Peace Now from pursuing their legally baseless petition in the Supreme Court. Justice Melcer, then Migron’s attorney, in his written response to the Peace Now petition to the Supreme Court wrote:

Read the whole thing

The author is a veteran journalist specializing in geo-political and geo-strategic affairs in the Middle East. His articles have appeared in such publications as The Wall Street Journal, The Washington Times, Insight Magazine, Nativ, The Jerusalem Post and Makor Rishon. His articles have been reprinted by Israel’s Ministry of Foreign Affairs and in the US Congressional Record.

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