On the 8^th of June 2016, the Israeli settlers escorted by the Israeli Occupation Army stormed Abu Hamad area in Wadi An-Nis village, south of Bethlehem city, and razed  about 20 dunums of Palestinian agricultural land, to start the construction of “Mekor Haim Religious Institute”. Where the targeted land located adjacent to the entrance of Neve Daniyyel settlement.

Photos captured by ARIJ field workers

An analyses conducted by the Geo-Informatics department in the Applied Research Institute –Jerusalem (ARIJ), showed that the targeted land, which located near  the southern entrance of Neve Daniyyel settlement, is supposed to be used for the  construction of “Mekor Haim” Religious Institute according to the Israeli plan No. 402/6. Moreover, part of the targeted land classified by the Israeli Authorities as “State land”, and another part located within the border of the aforementioned illegal settlement, while the rest of the land located outside the alleged formal borders of the settlement which means that a proposed expansion is about to take place in the near future to the interest of Nevi Daniyyel. Furthermore, where part of the targeted land not classified as "State land" nor within the settlement border, which means that the Israeli Authorities will find an “illegal reason”  to confiscate this land for the favor of the “Mekor Haim Religious Institute”  ..  See the map below :-

“Mekor Haim Religious Institute” in the Illegal Israeli Settlement of Neve Daniyyel

On the 24^th of September 2014, the Israeli Authorities published in the local newspaper, the  plan No. 402/6 which aimed to change the status of the land from  an open area to area specified for the construction of  a religious institute, public buildings, open areas, and other commercial buildings. See the image below:

 It is worth pointed that according to the Israeli plan No. 402/6, a religious institute, public building and commercial buildings will construct on 66.71 dunums of land, adjacent to the southern entrance of Neve Daniyyel Settlement.

Israeli Plan No. 402/6

 

 

Neve Daniyyel Settlement established in the year 1982, on 580 dunums of Palestinian lands. Nowadays, the settlement inhabited by 2475 Israeli settlers. 

 

Wadi An-Nis village:

Wadi an Nis is a Palestinian village in Bethlehem Governorate located south-west of Bethlehem city. Wadi an Nis is bordered by Jurat Ash Sham’a village to the east, Wadi Rahhal village to the north, Efrat settlement to the west, and Umm Salamuna village to the south. For more information about Wadi An-Nis village:

http://vprofile.arij.org/bethlehem/pdfs/VP/Wadi%20an%20Nis_vp_en.pdf

Legal & International Status

As a matter of fact, the Israeli seizing of the Palestinian lands under any of the pretext mentioned before, is a systematic Israeli circumvent over the international law rules and international legitimacy resolutions, where all of the confiscation orders issued by Israel are illegitimate and contradicts with the United Nation Security council Resolutions 242 and 338 that  stipulate the illegality of the Israeli military occupation of the Palestinian lands and that includes all the confiscations, building illegal settlements and outposts and bypass roads,  constructing the Segregation Wall, destroying Palestinian properties and restricting their movement and all of the colonial practices conducted by Israel since June 4, 1967-present are illegal, null and void.

The Israeli confiscation and targeting of the Palestinian residents and their properties in all parts in the oPt are illegal and constitutes a grave breach of the International law rules and conventions:

Article 2 in the Universal Declaration of Human Rights reads that: 'Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or under any other limitation of sovereignty.'

Article 3 states that 'everyone has the right to life, liberty and security of person'.

Article 13 states also that '(1) everyone has the right to freedom of movement and residence within the borders of each state.'

Article 25 states that '(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.'

According to the Fourth Geneva Convention of 1949, Israel, as an occupying power is prohibited to demolish Palestinian houses as stated in Article 53 of the Convention which states that: 'Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.

Moreover and according to article XXXI of the 1995 Oslo agreement, Israel, is forbidden from building or planning to any project or settlements or any colonial expansion or any plan that lead to change the status of the West Bank and Gaza Strip. The article provides 'Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations'.

Also the International Convention on the Elimination of All Forms of Racial Discrimination (1965), Article 5 provides that: 'States' Parties undertake to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: … (e) in particular … (iii) the right to housing'.

The Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Article 17 reads: 'No one shall be arbitrarily deprived of his property.' Which means it bans Israel from destroying or confiscating the property of the Palestinians at any case.

Moreover Art. 23 of the Hague Convention of 1907 also provides: In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.

Prepared By  
The Applied Research Institute – Jerusalem
ARIJ