Vladimir Putin (Wikipedia photo, vecteezy)
The consequences of the difficult war between Russia and Ukraine are now rolling into the political arena in Israel. Judge Mordechai Kadouri of the Jerusalem District Court revoked the land registration of the “Alexander Church Courtyard” in the name of the Russian government. It is important to emphasize that these are very sensitive real estate in the Old City of Jerusalem. The land is known as the courtyard of the Church of Alexander Nevsky, which are listed in the Ottoman land registers in the name of the glorious Russian kingdom.
The background to the registration of Russia as the owner of the rights to the site began about five years ago, when the Russian government submitted an application in August 2017 for its registration as the owner of the rights in the land. In October 2020, the then Prime Minister, Benjamin Netanyahu, stepped in to help the move and in fact paved the way for Russia on the issue, as a tribute and ostensibly even in exchange for the release of young Naama Issachar from detention in Russia, in an affair that agitated the country.
More in-
Mandatory legislation provided that “no court or matter related to the holy places or religious buildings or religious places in Israel or to rights or claims relating to the various religious communities in Israel shall be arbitrated or confiscated by any court in Israel.” Near the determination, the Supervisor of Land Registration accepted the request of the Russian government and registered it as the official owners of Alexander’s court. The Commissioner of the Land Registry rejected appeals filed against the registry and ruled that the Russian Federation, i.e. the Russian government, is a continuing state.
Some opponents of the allegedly problematic registration argued that the request for renewal of registration is a key part of a deal reached between the Israeli government and the Russian Federation, in connection with the release of Naama Issachar from prison in Russia, after being imprisoned, again, purely for political reasons.
Judge Kadouri referred to the diplomatic sensitivity regarding the registration of the land, and in a long and reasoned judgment ruled that since Netanyahu determined that the land is a sacred place by definition, the authority to determine who owns the holy site is not the court but the Israeli government, which will have to decide.
More in-
The clear implication is that the issue is now at the discretion of the current prime minister, Naftali Bennett, in the midst of the difficult battle between Russia and Ukraine, with severe sanctions being imposed on Russians every day in a variety of aspects – from economics to sports.
Despite the obvious problematic nature of the matter, the court’s decision to cancel the said registration leaves Bennett with no choice but to decide on the identity of the new owner of the important land located in the Old City.
The Orthodox Palestine Society of Holy Land, which filed the appeal, was represented by attorneys Shai Gimelstein, Ilan Golod and Israel Klein from the firm of S. Horowitz & Co.
Advocate Shai Gimelstein, a partner in the firm of S. Horowitz & Co., said: “The decision thwarts the attempt by the Russian Federation to illegally take over Alexander’s courtyard, which does not belong to it, and that is to be welcomed. Although the decision did not address the question of material rights in the property, the legal and historical facts are clear and unequivocal, so we are convinced that any objective inquiry, in court or before a team of ministers, will end in the inevitable conclusion that our client, the OPS organization headed by Mr. “He is the sole legal owner of Alexander’s court.”
Comments on the article(0):
Your response has been received and will be published subject to system policies.
Thanks.
For a new response
Your response was not sent due to a communication problem, please try again.
Return to comment