Israeli Court: PA meets criteria to be classed sovereign state

According to the verdict, the PA, in the wake of the disengagement, was vested with authorities that constitute a sovereign body responsible over certain parts of the West Bank and the entire Gaza Strip.

"The PA meets the main requirements that constitute a 'state'," the verdict said.

The verdict was issued in a civil lawsuit filed by the Association of the Elon Moreh College against the State of Israel, the PA and other entities. The lawsuit pertains to lands purchased by the association from Palestinians in a part of the West Bank classified as Area A, which is under full Palestinian sovereignty.

The legal implications of the ruling are that verdicts issued under Israeli law cannot be enforced in territories under PA sovereignty.

The petitioners told the court that the lands were purchased based on an affidavit given by the village chief, later dismissed as fallacious. The association sued the village head for the monies paid in exchange for the lands but he refused to pay them back, forcing the claimants to ask the state to enforce the verdict in Palestinian territory.

The lawsuit therefore required the court to rule on the question of the legal status of territories in Area A. The verdict stipulated that the PA was vested with certain powers held by sovereign entities and therefore was not obligated to adhere to Israeli law.

The court ruled that the PA consists of population, territory and government, and, as it accumulates other aspects of a sovereign state, such as elected political authorities, international standing, police force and an independent currency, it will increasingly resemble a political entity.

Okon said also that the court observes the practice prevalent in international law of discouraging "duress among equals."

Since both Israel and the PA enjoy an equal legal standing, Israel cannot coerce the PA to implement in its territory verdicts issued under Israeli law. The PA also enjoys immunity from Israeli law for its actions as sovereign.

"One sovereign state does not rule over another sovereign state and does not put it on trial," Okon said in the verdict. "Even if one state does not recognize the other entity as a sovereign state it is not exempt from respecting the rights of that entity by force of international law."

As a result of this ruling Okon rejected the association's demand to enforce in Palestinian territory the verdict requiring the village leader to return the money.

http://www.haaretz.com/hasen/spages/708369.html