to the villages. The residents of Iqrit reapplied for their resettlement in the
village, but the government, headed by Golda Meir, decided in July 1972 that
the residents of Iqrit and Kufr Birim would not be allowed to return to their
villages, and would be compensated and resettled in their existing residences.
The case persisted in public discourse, and, in 1977, the new government of
Menachem Begin nominated a committee, headed by Minister Ariel Sharon,
to examine the issue of the return of the residents. The committee decided
not to allow their return. In 1981, the residents issued their third petition
to the Supreme Court, in which they requested the cancellation of both the
closure order and the confiscation of their land. The petition was denied on
the grounds of the long-time delay. The Court assumed that the expropriation
was legal and that there was no change in the security situation that should
justify cancellation of the orders.97
In 1995, government deliberations about Iqrit and Kufr Birim were again
launched under the Rabin government by the then Minister of Justice, David
Liba’i. Liba’i proposed to settle the case if the Palestinian residents of the
villages agreed to, a) partial return (only heads of households accompanied
by two descendants); b) forgo land restitution (only a small parcel of land
would be leased to returning households); and, c) not to engage in agriculture.
This proposal was rejected by the residents of the two villages, who by then
numbered some 8,000 people with claims to 36,972 dunums of land. In total,
the government had offered to lease 1,200 dunums of the villagers’ original
land (about 3 percent) back to a limited number of proposed returnees.
Israel’s Security Cabinet decided against their return because of fifty-year-old
“security concerns” and most importantly, because it “would set a precedent
for other displaced Palestinians, who all demand to return to their homes
and lands.”98
In 1997, the residents of Iqrit and Kufr Birim re-filed their case with the Israeli
High Court; however, the issue remained unresolved under the Netanyahu
and Barak governments in the late 90s. In 2001, Ariel Sharon became Prime
Minister of Israel and quickly interfered to stop this judicial process. He sent
an affidavit in his name, asking the Court not to recognize the villagers’ right
to return. He argued that such a decision would have long-term implications
that could affect final status negotiations over the refugee issue. The Court
accepted Sharon’s demand and ruled against the right to return of Iqrit and
Kufr Birim’s indigenous residents.
97 HCJ, 141/81, Committee of Iqrit vs. the Government of Israel, 36(1), P.D. (1982), (Isr.) 129.
98 Nur Masalha, Catastrophe Remembered. Palestine, Israel and Internal Refugees, Essays in Memory of
Edward Said (London : Zed Books , 2005), 41.
35
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