“State Land”, an Israeli pretext to confiscate Palestinian Lands
“A new military order targeting the land of West Ramallah Villages”
On March 3, 2009, the Israeli Occupation Army handed over Palestinian citizens in west of Ramallah villages a new military order to confiscate more Palestinian lands for settlement construction. The order, which holds number (59/1967) confiscates a total land area of 142 dunums of Palestinian-owned lands from the villages of Bil'in, Deir Qiddis and Khabatha under the pretext that these lands are classified as “State Property”. See Translation of Military Order confiscates a total land area of 142 dunums of Palestinian-owned lands from the villages of Bil'in, Deir Qiddis and Khabatha under the pretext that these lands are classified as “State Property”.
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Israeli Defense Forces Civil Administration of Judea and Samaria The Custodian of Absentee property & Israel Land Authority of Judea and Samaria
According to my jurisdictions as stated in Article 3, section ''C'' of Order Concerning State Property (Judea & Samaria) (No. 59-1967) I announce by that the mentioned lands in the appendix are state property. Those interested have the right to file objections to the Israeli Objection Committee at Ofer Israeli Military Court in Ramallah Governorate according to 'Objections Law number 172, Judea and Samaria of 1967' within 45 days of the issuance date of the military order. For more details or explanations about the content of the Military Order, you can go to the office of the Custodian of Absentee & Land Authority in District Coordination Office in Ramallah from Sunday to Thursday, during working hours: 8:00 am to 14:00 pm. Telephone Number 02-9703735. Date: March 3, 2009 Yusi Sigal Signature Appendix Lands in Area as shown in the Military Order Block Number 3: Wa'rat Al Mezan & Kherbit umm Al Thinen – Bil'in Village, Ramallah. Block Number 3: Al Rayyan Area – Deir Qiddis, Ramallah. Block Number 2: Al Sukara Area – Kharbataha, Ramallaha.
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The Military Order gives citizens of the 3 aforementioned villages a period of 45 days to file an objection to the Israeli Objection Committee at Ofer Israeli Military Court in Ramallah Governorate according to 'Objections Law number 172, Judea and Samaria of 1967' within 45 days of the issuance date of the military order. See Table 1 for more details
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Table 1: Palestinian Owned Land targeted for confiscation |
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Village |
Parcel No. |
Location |
Area
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Bil'in |
3 |
Wa'rat Al Mezan & Kherbit umm Al Thenen. |
15 |
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Deir Qiddis |
3 |
Al Rayan Area |
65 |
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Kharbatha |
2 |
Al Sakara Area |
65 |
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Total
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142 |
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Source: Bil'in Village Council – 2009 |
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See Copy of the military order
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An Analysis of the military order conducted by the GIS unit at ARIJ showed that the targeted land lies within the Israeli Built-up area of Modi'in 'Illit settlement, a settlement which was illegally built on lands of Bil'in, Deir Qiddis and Kharbatha villages back in 1991. The lands were targeted with intensive housing construction over the past years in an attempt to increase the settlement's area on the expense of Palestinian lands.
To conclude,
The Israeli government was so concerned to legalize its confiscation process in the Israeli legal system to legitimize its ownership of confiscated properties. Its legal maneuvers continued from the 1948 to the present date as the Israeli government introduced various laws to present some 'logic' to its policies of land confiscation from their rightful owners.
The confiscation and destruction of Palestinian land is clear violation of the Fourth Geneva Convention, Article 147 which clearly prohibits extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; and Article 49 of the Fourth Geneva Convention also states that: ' Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.' Violations of Articles of the Fourth Geneva Convention constitute breaches of the Convention and should be prosecuted as War Crimes.
Also Israel continues to violate its obligations as an occupying power under international law rules. The Israeli practices in the Palestinian territory clearly contradict with:
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The International Covenant on Economic, Social and Cultural Rights (ICESCR) – Food (ICESCR, art. 11): The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
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The International Covenant on Civil and Political Rights (ICCPR) – Property (ICCPR, article 1) provides that: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
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[1] Military Order #59 (1967?) – establishes the Israeli Military-appointed position of 'Custodian of Government Property' to take over land owned by the Jordanian Government. Also, allows the 'Custodian of Government Property' to appropriate land from individuals or groups by declaring it 'Public Land' or 'State Land', the latter which it defines as land that was owned or managed by, or had a partner who was an enemy body or citizen of an enemy country during the 1967 war (amended by M.O.1091).
Prepared by:
The Applied Research Institute – Jerusalem
