On the 14th of May 2016, the Israeli weekly newspaper “Kol Ha’ir” revealed that the Israeli Planning and Construction Committee in the Israeli Municipality of Jerusalem approved, in the final stage, the construction of the Israeli Landfill on the Palestinian lands of Al Issawiya, Shufat and Anata towns, at the northern part of Jerusalem city. See the map below:
The history of the Israeli Landfill on Palestinian lands in East Jerusalem
The Israeli Plan No. 13900 , which aims to establish the new Israeli Landfill on 516.8 dunums of Palestinian lands, was first announced in the newspaper on the month of February 2012, and accordingly, the Israeli Authorities changed the status of the land from open area to landfill area.
Plan No. 13900
After the plan was revealed Israeli organizations as well as the Palestinian land owners rejected the plan . For the Israelis, the geographical location for the proposed landfill is strategic., where it connected between the “E 1” area, and the Israeli settlements in Jerusalem city such as the French Hill and Ramat Eshkol.
Most probably and after the Israeli Authorities moved forward to establish the “E 1” settlement” which it will link between the Israeli Settlement of Ma’ale Adumim with the Jerusalem city, the land where the landfill supposed to establish can be used to establish a new Israeli residential settlement in Jerusalem
For the Israeli Environment activists and organizations they suggested that Israeli Municipality of Jerusalem can establish a new “park “ in the area instead of the landfill that will harm the environment of the city.
On the other hand, and for the Palestinians residents of Al Issawiya, Anata and Shufat towns, their rejection is clearly justified because according to the plan their own lands will be expropriated, in addition to the significant environmental consequences that will cast its shadow over their life in their villages, towns and neighborhoods.
However, and on February 2015, the Israeli Municipality of Jerusalem approved in the first stage toward the establishment of the landfill, however and because of the rejections from the Palestinians and some Israeli related environmental organizations, the final approval was postponed.
Currently the Israeli Municipality of Jerusalem approved the establishment of the landfill. It’s worth to mention that the Israeli Authorities planned to deface the landfill after 20 years from the establishment date, and its will transform the area to a “National Park”.!
Legal & International Status
The Israeli expropriation of the Palestinian lands constitute a flagrant and grave breach for the International law rules and conventions (Art. 51 of the 1949 Geneva Convention II –Art. 147 of the 1949 Geneva Convention IV- Art. 53 of the 1949 Geneva Convention IV-Art. 23(g) of the 1899 Hague Regulations – the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Articles 13 and 17 and Article 12 of the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 19 December 1966 :-
Articles 147 of the Fourth Geneva Convention 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.
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;.
Article 53 of the same convention provides that 'any destruction by the Occupying power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities or social or cooperative organizations is prohibited, except where such destruction is rendered absolutely necessary by military operations.'
Article 147 of the convention considers 'extensive destruction and appropriate of property, not justified by military necessity and carried out unlawfully and wantonly' as a grave breach of the Convention and thus constitute a war crime.
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.
Prepared by:
The Applied Research Institute – Jerusalem
