On July 24, 2007, the Israeli Army handed Palestinian residents south of Bethlehem city four new military orders to residents of the Palestinian communities of Artas, Khalet Al Quten, Al Za’roura and Al Qurna southwest of Bethlehem city. The orders are to evacuate 141 dunums of Palestinian-owned lands under the pretext that these lands are classified as “State Property”. Palestinian Land owners were notified by the Israeli Army to evacuate their lands within 45 days of the date the military orders were issued; Table 1 details the lands slated for evacuation along with Military orders numbers and a copy of each.
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Table 1: Military Orders distributed to Palestinian Residents of Bethlehem, along with their numbers and the lands slated for evacuation |
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Military Order No. |
Confiscated Area (Dunums) |
Village Boundary |
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6 |
Bethlehem |
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26 |
Bethlehem |
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19 |
Bethlehem |
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|
91 |
Bethlehem- Artas |
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TOTAL |
141 |
*** |
Source: ARIJ GIS – 2007
Map 1: Location of lands slated for evacuation according to the Israeli Military Orders
The parcels of lands slated for evacuation lie within an area claimed as 'State Property' by the Israeli custodian of absentee property in August 3, 2004. The Custodian of Absentee Property and Land Authority came under a military order declaring a total of 1241 dunums of lands in Bethlehem Governorate as 'State Property'. The military order holds number 59 of 1967. Read Translation of Military Order
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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 Order Concerning State Property (Judea & Samaria) (No. 59-1967)
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 go to the office of the Custodian of Absentee & Land Authority in District Coordination Office in Bethlehem from Sunday to Thursday, during working hours: 9:30 am to 14:00 pm. Telephone Number 02-9934012.
Date: August 3, 2004 Yusi Sigal
Signature
Appendix
Lands in Area as shown in the Military Order
Block Number 1: Al Quton Area in Bethlehem Block Number 2: Khalyel Al Louz & Abu Njeim Block Number 3: Hareeq Meleh, Shu'ab Abu Zeid in Artas Village in Bethlehem Governorate.
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The Acquisition of Palestinian Land by declaring it 'State Land'
When the Israeli Army occupied the West Bank and Gaza territory back in 1967, it forcefully assumed control over all lands defined public, state or any other lands that were not registered to people at that time. The so-called “Israeli Civil Administration” was given full administration, legislative, appointment, and managerial authority over the occupied territory. However, Israel’s manipulation of law is not recognized or validated under international law.
Israeli Military Orders passed Concerning State Property following the 1967 War
| LAW TYPE: MILITARY ORDER LAW NUMBER: 364 DATE: 29 December 1969 LAW NAME: ORDER CONCERNING STATE PROPERTY AMENDS: Military Order 59 by declaring that Israeli Military can appropriate land simply by declaring it 'State Lands' (according to previous definitions). LAW TYPE: MILITARY ORDER LAW NUMBER: 1091 DATE: 20 January 1984 LAW NAME: ORDER CONCERNING STATE PROPERTY AMENDS: Military Order 59 LAW SUMMARY: 'State property' is now interpreted as including any property subject to an expropriation order. It is defined as:
1. 'Property that on the date of occupation or afterwards was registered in the name of an enemy state, or any organization or company linked or controlled directly or indirectly by a hostile state'.
2. 'Land that has been confiscated in the public interest in accordance with legislation or security legislation through or for one of the sectors/ authorities of the Israeli military forces which is not necessarily local'.
3.' All property which belongs to individuals who have requested that the official authorities administers and manages their properties, and which the official has consented to administer.'
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To Conclude
Following the Israeli occupation of the Palestinian Territory in 1967, the Israeli Army started a systematic plan to confiscate and seize as much land as possible of the Palestinian-owned lands and classify them as “State Land”, using “for military purposes” as a pretext. The Israelis went even further to take over control of private properties of those who are not able to prove their ownership of lands under the same pretext.
Regardless of the pretext/s used by Israel to takeover Palestinians’ lands; public or private, it remains an invalid procedure under international law and it contradicts with the United Nation Security Council Resolutions. Accordingly, the confiscation of the Palestinian lands by the Israeli occupation is Illegal and all the Israeli procedures carried out against the Palestinians and their lands since the year 1967 until now are null and void.
Prepared by
The Applied Research Institute – Jerusalem
ARIJ
