On March 13, 2007, the Israeli Army informed residents of Jayyus and 'Azzun communities of an amendment to a previously issued military order (1995) with regard to an existing Israeli Army’s military base. The amendment holds number (95/20/T) and indicate Israel decision to expand the spread of an existing military base located at the eastern entrance of Qalqilyia city. Below is a translation of the amendment of the military order.
Table 1: Translation of military order number (95/20/T)
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Israel Defense Forces Order to Seize lands n0 (95/20/T)
According to my authorities as a Military Chief Commander in the Region of Judea and Samaria, and as I believe that it is imperative for military reasons due to the special security situation in the region, I order the following:
1- In This Order:
The 'Map' – signed in scale 1: 5, 0000 and attached to the order is an essential part of this order.
The 'Lands' – An area of land which is 17 dunums and 400 meters marked in red in the map and is located in lands of:
Qalqiliya
Azzun
2- I announce by that the above mentioned lands are seized for imperative military purposes.
3- The IDF seize the lands and an absolute control of the land is given to the Military Chief Commander of the Central Region through the Ministry of Defense Chief Officer in the Civil Administration Office.
4- Land Owners have the right to go to the District Coordination Office in Qalqiliya to get usage expenses and compensation.
5- Copies of this military order and the attached map are handed out to Land owners or to the District Co-ordination Office in Qalqilyah.
5A-1- This military order is to be notified to Land Owners or those who act on behalf of them by posting it at the District Coordination Office in Qalqiliya and dispersing it on the lands by any possible mean.
5A-2: The date of the field visit conducted by the District Coordination Office in Qalqiliya to present the lands.
5B- Copies of the military order and the attached map are available for interested parties at the following places:
5C- Copy of the military order and the attached map is set at Qalqiliya District Coordination Office Board for 10 days from the issuance date of the military order, as mentioned in Part (5A).
6- Land owners or those who act on behalf of ownership have the right to object the military order in 7 days from the date of the field visit as mentioned in Part (5A) above through the District Coordination Office in Qalqiliya or at the Office of the juridical advisor in the region.
8- This order is valid from the date 17 /10/ 2000 and until 31/12/2009.
9- This order is called: 'Order to seize lands n0 82/06/T (Judea & Samaria) 5767-2007.
Ya'er Naveh |
The amendment indicate the confiscation of an additional 17.4 dunums of belong to Palestinian residents from Jayyus and 'Azzun. The new confiscation order will lead to increase the area of the existing military base by some 54%. According to the analysis conducted by the GIS unit at the Applied Research Institute – Jerusalem, the Israeli military base already occupies an area of 33 dunums of land. Furthermore, the analysis indicated that the area added to the military base will be confiscated only from lands belong Qalqiliya city, different from what have been stated in the military order. See Map
Israeli Military Bases in Qalqiliya Governorate following the 1967 war
In addition to lands confiscated for constructing Israeli settlements in Qalqiliya governorate, more lands were lost for the construction of military bases, which significantly added burden on Palestinian communities as much as the Israeli settlements did. In Qalqiliya Governorate, three military bases exist, the first of which is the one that was issued the amendement order to expand its area and it is located at the entrance of Qalqiliah city. The second is located to the northeast of Qalqiliya city, within Zufin settlement master plan boundary, while the third is located west of Kedumim settlement. Prior to the amendment issued to military order 95/20/T, the three Israeli military bases already occupied an area of 374 dunums. See Table 1.
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Table 1: Military Bases in Qalqiliya Governorate |
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Military Base |
Location |
Area in Dunums |
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Military Base 1 |
West of Zufin Settlement |
68 |
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Military Base 2 |
West Of Kedumim-Zefon settlement |
273 dunums |
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Military Base 3 |
East of Qalqilyiah Entrance |
33 dunums (excluding the addition) |
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Total |
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374 + the amendment order of 17.4 |
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Grand Total Area |
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391.4 |
Source: ARIJ GIS Database 2006
To Conclude
Israel's decision to expand the military base on the expense of Palestinian lands is a clear violation to UN resolution 242 (1967) drafted immediately after Israel occupied the West Bank and Gaza Strip and demands 'the withdrawal of all Israeli armed forces from the territories occupied' in the war. The requirements of Resolution 242 are re-enforced and strengthened by UN Security Council Resolutions 452 (1979) and 465 (1980). More than that, for Israel to expand the military base right at Qalqiliya main entrance indicate Israel’s intention to strengthen its existence there and to control Qalqiliya eastern gate to the West Bank.
Resolution 465 states categorically that: 'all measures taken by Israel to change the physical character, demographic composition, institutional structure of status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of setting parts of its population and new Immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East. '
Israel, by deciding to expand this military base is also a blatant violation of international humanitarian law, specifically The Hague Regulations of 1907 and the Fourth Geneva Convention of 1949
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The Hague Regulations of 1907, article 23 which forbids an occupying power '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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Article 53 of the Fourth Geneva Convention is also clear 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.'
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Article 147 of the Fourth Geneva Convention, of which clearly prohibits, ''extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.''
References
- Israeli Military Bases Consolidate Confiscation of Palestinian Land
- The Geopolitical Status in Qalqiliya Governorate
Prepared by
The Applied Research Institute – Jerusalem
ARIJ
