On March 27, 2014, what is so-called the “Higher Planning and Construction Council in the Israeli Civil Administration deposited two new regional outline plans to confiscate about 500 dunums of private Palestinian lands from the villages of Qaryout and Jaloud east of Salfit Governorate for the interest of the illegal nearby settlement of Shilo.
The first outline plan was issued to confiscate 386 dunums from Jaloud village lands where the plan holding number RJ/5-16/205 – amendment 205-13/505 that targeted specifically parcels 3, 12, 13, Al Kahfash area. According to what was published in Al-Quds newspaper on March 27, 2014, the outline plan aims to amending the status of land use in area from agricultural purposes to be used for public use(cemetery, roads open areas, educational institutions and farms).
In an interview with ARIJ field workers Abdullah Haj Mohammad, the head of Jaloud village council, he indicated that the targeted 398 dunums lands are owned by the local residents of Jaloud and located in between the illegal settlement of Shilo and Shuvut Rahel. He also added that the Israeli settlers installed a new settlement outpost named “Habat Ha’adom nearby the outpost of Yeash Kodeash existed outpost on the village lands o January 2014. See Photo 1 of the targeted land
Photo 1: the Targeted lands in Jaloud village
On the other hand, the second outline plan had targeted about 100 dunums from Qaryout village lands that are located very close to the settlement of Shuvut Rahel, where the outline plan holding number 15/205/ S/15-205 amendment.
Mr. Shaher Mahmoud Mousa , the head of Qaryout village council provided to ARIJ field workers that the plan will expropriate about 100 dunums owned by the local families of Qassab, ‘Azem, Mousa, Abu Nijim and Maradwa while these lands located in the areas of (Ras Mouweis, Al-Batayen, Silon , Al-Sarrara nearby the Israeli bypass road # 60. See photos of the targeted lands below:
Photos 2-4: the Targeted lands in Qaryout village
Photos captured by ARIJ field workers
It is worth mentioning that the two regional outline plans signed by “Natalya Orboch” the head of the settlement committee in Judea and Samaria in the Israeli Civil Administration. See map 1
Map 1: the targeted locations in Jaloud and Qaryout
Jaloud & Qaryout is a small Palestinian villages located east of Salfit Governorate and south east of Nablus. The two villages bordered by Talfit and Qusra towns form the north, the illegal settlements of Shilo and Shuvut Rahel from the south, Eli and Ma’aleh Levona illegal settlements from the west and southwest, Duma village as well as the Israeli bypass road 3 60 from the east.
To Conclude
The Israeli practices in the oPt constitute a grave breach for the International law rules and conventions where it refuses to comply with the International law and legitimacy for more than 60 years.
- Under 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, articles 53 & 147 of the Fourth Geneva Convention of 1949 indicated that: Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. is a grave breach of the Convention.
- 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”.
The existence of the Israeli settlements in the West Bank and their expansions are Illegal and contradicts with the international law rules, United Nations Security Council Resolutions such as 237 (1967), 271 (1969), 446 (1979), 452 (1979) ,465 (1980).
- Resolution 446 March 22, 1979 calls on Israel to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories"
- Also the resolution 452 of the 1979 “calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.”
- Furthermore the Forth Geneva Convention also states in Article 49 that “The occupying power shall not deport or transfer parts of its own population into the territories it occupies.” and Article 174 of the same convention “prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.”
- In May 2001, the head of the International Red Cross delegation to Israel and the Occupied Territories said that settlements are "equal in principle to war crimes". (Note: "The transfer, the installation of population of the occupying power into the occupied territories is considered as an illegal move and qualified as a 'grave breach.' It's a grave breach, formally speaking, but grave breaches are equal in principle to war crimes", Rene Kosirnik, head of the ICRC delegation to Israel and the OPT, press conference 17 May 2001).
Prepared by:
The Applied Research Institute – Jerusalem
