‘For the explicit use of Israeli Settlers’
Israel plans to construct an alternative bypass road on lands of Azzun and An Nabi Elias villages east of Qalqilyia

On the 28th of December, David Menachem, head of the Israeli Civil Administration in the Occupied West Bank, issued a new military order stating the acquisition of 93 dunums of Palestinian land in Azzun and An Nabi Elias villages east of Qalqilyia city under the pretext of “public purposes”. The military order and the attached maps show Israel’s intention to construct a new and alternative road section for the explicit use of Israeli settlers on lands of the aforementioned villages. The issued military order holds title “Land Law Order (acquisition for public Purposes) (Judea & Samaria) (# 321[1]) 5729-1969 Land Acquisition Order & to expropriate immediately (Bypass Road An Nabi Elias 2/927) No. 15/01/H“. The following is a translation of the Israeli Military Order :

Photo 1-2: A copy of the military order

Map 1: The Israeli Military Order No. (Bypass Road An Nabi Elias 2/927) No. 15/01/H

Creating an alternative road for Israelis

Analysis conducted by the Applied Research Institute – Jerusalem (ARIJ) of the issued military order and the attached maps showed that this new road section intends to make Israeli settlers replace their use of a section of the Israeli bypass road No. 55[2] that passes through the village of An Nabi Elias as an “alternative route” in the future; thus enabling accesses to Israeli settlements and travel between settlements without having to pass through Palestinian villages.

The implementation of the Israeli military order No. 15/01/H will affect the agricultural sector in Azzun and AN Nabi Elias villages as the lands targeted (where the road is planned to be constructed) are cultivated with olive trees.

The Palestinian villages of Azzun and An Nabi Elias are in a similar position to other Palestinian villages in Qalqilyia Governorate because it faced many land confiscation for the construction of the Israeli bypass road No. 55 which cuts the village from the middle. Additionally, following the outbreak of the second Palestinian intifada in late September 2000 , the Israeli occupation authorities increased their control over bypass road No. 55 and started to prevent the Palestinians from the neighboring communities from using the bypass road under the pretext of “violence and throwing stones at Israeli settlers” who use this road as entry to Israel and vice versa.

Acquisition by Declaring 'Expropriation for Public Purposes' under Military Order 321of 1969

Military Order #321 (1969) – gave Israeli Military right to confiscate Palestinian land in name of 'Public Purpose' (left undefined), and without compensation. [3] 

The Israeli Army used the expropriation law to construct main roads for military use and to construct bypass roads that are distant from Palestinian towns and villages for the Israeli settlers while traveling in the occupied territories. This acquisition procedure was adapted by the Israeli Army after a Jordanian law (law #2: Expropriation for public purposes of 1953) which entitled government Authority to appropriate land for public benefit only after a declaration of such intention is published in the official Gazette with specified details. The Jordanian law would also allow 15 days for objection before expropriation claim resubmitted for final approval from the council of ministries and the King. Furthermore, the government would fully compensate the landowners for in accordance to the market value on the date of the expropriation.

 Israel sought to inflict amendments to the Jordanian expropriation law to make it less obvious with virtually non-requiring approval from any official authority other than the military institution. The amendments also intended to cast off jurisdictions of local courts to review the expropriation or order compensations to the damaged parties. The objection committee is the only authorized party to review any complaints made by the landowners who are sure that they will not find any justice among the military personnel that form the objection committee. The following most notable amendments over the Jordanian expropriation law are: 

The right to employ the expropriation law under the Jordanian rule was only within the jurisdiction of the Jordanian government, while the Israeli high commander of the occupied territory appointed a military authority to carry out this law.

In the amendments made under Israeli Military Order 569[4], the military authority appointed by the Israeli high commander of the occupied territories no longer obligated to make any declaration of intent neither to expropriate any land nor to obtain an approval other than that of the Israeli high commander of the occupied territories. 

Land Confiscation in International law

The Israeli government is little by little isolating the Palestinian urban areas, cutting its geographical contiguity and limiting its future expansion for the sake of its settlements and outposts and settlers living in them. The application of this plan will swallow more Palestinian agricultural lands from the aforementioned villages in addition to the uprooting of hundreds of Olive trees for that purpose too; thus denying Palestinians their rights to their lands.   

Under International law and signed agreements between the Israelis and the Palestinians, Israel is prohibited from confiscating and looting private Palestinian lands or taking any steps leading to change the status on the ground which might result to undermine any chance for a future “just and lasting” peace process.

The Fourth Geneva Convention in Article 174 prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.'

Article XXXI, Oslo II, 1995 provides: Neither side shall take any step that will change the status of the West Bank and the Gaza Strip.

[1] APARTHIED LAWS IN THE ISRAELI OCCUPIED TERRITORIES
http://itisapartheid.org/Documents_pdf_etc/ApartheidLawsOccupied.pdf

[2] The Israeli bypass # 55 stretches about 23 kilometers in the Palestinian communities of Qalqiliya, Arab Abu Farda, An Nabi Elyas, Izbat At Tabib, Azzun, Al Fundaq, Kafr Laqif, Hajja, Kafr Qaddum, Jinsafut and Jit, of which —– kilometres penetrate across the lands of An Nabi Elyas. This bypass road also serves to connect the Israeli settlements in Qalqiliya Governorate such as Ginnot Shomeron, Ma’ale Shomron. Karnei Shomron Neve Oramin, Giva't HaMerkaziz, Jit (Mitzpe Yishai), Zufin (Tzofim), Alfei Menashe, and Kedumim to the transportation grid inside Israel, beyond the 1949 Armistice Line (Green Line).

[3] ISRAELI  MILITARY  OPPRESSION AND EXPLOITATION OF PALESTINIAN SOCIETY  IN  GAZA  AND  THE  WEST  BANK:  HOW  IT  WORKS
http://www.israellawresourcecenter.org/israelmilitaryorders/essays/israelimilitaryordersessay.htm

[4] LAW TYPE: MILITARY ORDER 
LAW NUMBER: 569,  17 December 1974 
LAW NAME: ORDER CONCERNING STATE PROPERTY : Created a Dept. of Special Land Transactions where registration of lands declared to be 'state lands', or lands appropriated for security reasons occurs. Public notice of these transactions limited to notices posted within this office instead of newspapers. (1) The objection committee, which originates from military personnel, is the only party entitled to review any appeal made by the landowners for the expropriation or to determine any compensations if there is any. (2) The Israelis went further by adding the use of force against those who may resist the Israeli military control over the land in addition to imposing severe punishment that includes 5 years imprisonment or excessive fine or both.

Prepared by
The Applied Research Institute – Jerusalem
ARIJ