The Israeli High court of Justice refuses Palestinians’ petition for Permits to access lands
On April 5, 2011, the Israeli High court of Justice rejected a Palestinian filed Petition to receive permits to access/ enter their lands, which according to the Israeli Army are classified as Seam Zone. The Israeli High Court explicitly explained its decision: ‘we cannot ignore the necessary security purpose that was the basis for closing off the seam zone, and therefore used the legal tools available to us to determine whether the military commander had done everything possible to reduce the harm to the residents by the closure regime’.
Such entrance policy discriminates against Palestinians, forcing them to obtain special and temporary permits from the Israeli Occupation Army in order to be able to reach their lands, however, this law does not apply to those who are classified as Israeli citizens according to the Israeli law, where it states: ‘A citizen of the State of Israel, a resident of the State of Israel registered in the population registry in accordance with the Population Registry Law and anyone who is eligible to emigrate to Israel in accordance with the Law of Return’.
Obviously, the whole seam zone and the Closure Permit Regime are intended to expel the Palestinians who own lands in the Seam Zone. Such systematic bureaucracy intend to prevent Palestinians from accessing their lands, and sooner or later, expelling the Palestinians from these lands, and offering it for others. The Israeli Authorities claimed that this policy and new practices were necessary to ensure security and that they were doing everything possible to ease the hardships of those affected by it (Palestinians), by introducing new regulations and actions.
This law of permits unfortunately is considered as a legal tool for the Israeli Authorities according to their laws, despite the fact that all the structure and settlements that they are raising on the lands of The West Bank is clearly illegal, according to the OSLO Agreement I & II. Such law, policies, and regulations issued by the Israeli Authorities and executed by the Israeli Occupation Army is considered an Ethnic Cleansing and discrimination, and this is obvious in the Israeli Military Order issued on the 2nd of October 2003, holding Order info: IDF Order Regarding Security Regulations (Judea and Samaria) (No. 378), 5730-1970 Declaration Concerning Closing an Area no. S/2/03 (Seam Zone). In Image 1 it shows the Israeli permit issued for Palestinians to enter the seam zone. Declaration Concerning Closing an (Seam Zone). In it shows the Israeli permit issued for Palestinians to enter the seam zone.
Image I: Israeli Permit for Entering Seam Zone by Palestinians
The order stated: ‘No person will enter the seam area and no one will remain there‘. For the purpose of these orders to be legal, the authorities defined that these areas are allowed for Israelis, where an Israeli is defined by: ‘A citizen of the State of Israel, a resident of the State of Israel registered in the population registry in accordance with the Population Registry Law and anyone who is eligible to immigrate to Israel in accordance with the Law of Return‘. Since most of the owners of these lands are Palestinians, and not holding Israeli Citizenship, and according to the logic of Israeli law, these Palestinians will be classified as illegal residents, and there for they must abandon these areas voluntary, or by force.
The Seam Zone:
Seam Zone is a phrase used to refer to a land area in the West Bank located east of the 1949 Armistice Line and west of Israel’s Segregation Wall, populated largely by Israelis settlers in settlements towns such as Alfei Menashe, Ariel, Beit Arye, Modi’in Illit, Giv’at Ze’ev, Ma’ale Adumim, Beitar Illit and Efrat.
Taking changes of the plan of Seam Zone and Segregation wall in consider, 66 Palestinian communities, with 290,000 Palestinians living in these communities, were isolated from the rest of the West Bank Lands. As for the Palestinian land and properties located in such area, there are 400,000 Palestinians are separated from their fields, jobs, schools and hospitals.
The Israeli Occupation Supreme Court claimed that it has ordered changes to the Wall route to reduce the number of people leaving or affected by the seam zone, where the number of the harmed Palestinians by the Seam Zone, as the Israeli Court Verdict claims, it is now 35,000, which is of course illogical for what is found in reality.
The Seam Zone grabs off from the West Bank Lands, including Occupied East Jerusalem, a percentage of 13% of its total land area. Moreover, the Seam Zone contains 107 Israeli illegal settlements, including settlements in the Occupied East Jerusalem. In Map I, it shows the Israeli Seam Zone and the route of the segregation wall, according to the plan change of April 2007.
Map I: Israeli Seam Zone Map, according to the April 2007 Route Change plan.
International Law and community:
The Israeli Forces violates the International laws with this Regime of Permits and zone, where are the Israeli Occupation Authorities and forces violated:
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International Covenant on Civil and Political Rights (ICCPR) (OHCHR, 1966) Article 12 that states: ‘Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence’.
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The Universal Declaration of Human Rights Article 13 that states: ‘Everyone has the right to freedom of movement and residence within the borders of each State’.
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The Hague Regulations of 1907, Article 23 states: ‘An occupying power is forbidden to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war’.
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[1] A permit issued by the Israeli Defense Forces, allowing a Palestinian living in the Seam Zone.
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Categories:
Confiscation
