On the 17th of April 2016, the Israeli Civil Administration handed out two military orders which declared in total 1160 dunums of Palestinian lands at the western part of Salfit Governorate, as “State land”.
The new military orders “Declared the Definition of State Land” were issued by the so-called “The Custodian of Absentee Property and Israeli Land Authority of Judea and Samaria” attached to the Israeli Ministry of Defense/Civil Administration, Yousi Sigal, signed the order on the 4th of April 2016, which declared 1160 dunums of land as “State Land” or “Governmental Property”.
It’s worth pointed that the new State land declaration came after the Blue line team in the Israeli Civil Administration finished their alleged studies on the status of the land, where the result of their studies translated to this two military expropriation orders.
“The Blue Line team”: a team in the Israeli Civil Administration related to the Israeli Ministry of Defense. The sole scope of work of the team is to check the status of the Palestinian lands and to classify them if they are located within the “state land” zone or not. If the checked lands were classified and fall within “State Land” area, the blue line team inform the related authorities with results to push them toward expropriating the land.”
The Two military orders
- The first order which targeted Palestinian land in Az-Zawiya town, in Salfit Governorate, issued under the title “Declared the definition of State Land” where according to the declaration State land order, what is so called “Blue Line Team” in the Israeli Civil Administration approved the classification of the land. Moreover, the expropriation order stated that the current order based on a previous expropriation order issued on the 25th of November 1990, and during the past years the Blue Line team, surveyed and studied the status of the land, and the result of its studies translated to this military order.
According to analysis prepared by the Applied Research Institute- Jerusalem (ARIJ), the new validation order which issued on the 4th of April 2016, expropriated an additional area of 25 dunums, and a claimed area of 38 dunums detracted from the declaration, where in total the current area of the land expropriated become 378 dunums. See the map below
- The second order which targeted Palestinian lands in Az-Zawiya town in Salfit Governorate, Sanniriya town in Qalqiliyah Governorate, and Kafr Qassem town (inside the Green line in the Palestinian land occupied in 1948). According to this military order, the so called “Blue Line Team” in the Israeli Civil Administration approved the classification of 781.5 dunums of Palestinian land as “State Land”. Noted that the new expropriation order revealed that the current order based on a previous confiscation order issued on the 29th of January 1990. Where during the past years, the Blue Line Team surveyed and studied the status of the land and the results issued in this military order.
The geopolitical analysis prepared by the Applied Research Institute- Jerusalem (ARIJ), showed that the new expropriation order which issued on the 4th of April 2016, expropriated an additional area of 86.5 dunums, and detracted 173 dunums from the declaration, where in total the current area of the land expropriation become 781.5 dunums. See the map below:
Furthermore and according to a report published by the Peace Now Watch Settlements organization, the targeted area will be used by the Israeli Authorities to establish a new large industrial area named “Sha'ar HaShomron”, adjacent to the Green Line, by the Israeli settlement of Rosh Ha’ayim (inside the Green Line).[1]
Moreover, and on the website of the Israel Ministry of Interior, a plan hold No. יוש/ 2/ 165 were approved on the 16th of March 2013, to construct a water pumping station on 28.2 dunums of land, where the new Water pool and pumping station will be constructed and installed on land classified by the Israeli Authorities as “State land”, according to the military order issued on the 4th of April 2016. Photo for the plan
It’s worth to mention that the new State land Declaration will benefit the Israeli settlement enterprise in the occupied West Bank, where the targeted lands will be exploited by the Israeli Authorities, to construct more housing units in the Israeli settlements or to establish a new ones, construct bypass road, etc.
For example, the Israeli Authorities used the targeted land by the two military orders to construct two sections of the Israeli Bypass roads No. 5 and No. 505. Where these roads link the Israeli settlements located at the eastern part of Salfit Governorate with the areas behind the Green line:
- Trans-Samaria Road 505: which stretches westward from the 1949 Armistice Line (Green Line) until Za’tara checkpoint junction, south of Nablus Governorate. The Road passes by a number of Palestinian villages and towns in the Governorate including Mas-ha, Al Zawiya, Bidya, Kifl Haris, Marda and Yasuf. The road extends for a length of 20 kilometers with a width of 100 meters. The section of the Road passing by the village of Masha has been closed many times since the eruption of the second intifada in September 2000. Therefore, the movement of the Israeli settlers coming from inside the 1949 Armistice Line (Green Line) was diverted to Trans-Samaria Road 5.
- Trans-Samaria Road 5 : the Israeli Occupation Authorities inaugurated its construction in the year 2000 as a replacement for bypass Road 505. The new Road commences at and connects with the old one running from Kifl Haris junction and ends at Ras Al 'Ein settlement inside the 1949 Armistice Line (Green Line). The length of the Road is 14 kilometers with a width ranging between 100 and 180 meters.
Furthermore, the targeted Palestinian lands located in the area classified as “Western Segregation Zone”, which is the area created by the Israeli Authorities after the construction of the Segregation wall (the area located between the path of the Israeli Segregation wall and the Green Line). This area, and after the construction of the Segregation wall, the Israeli Authorities focused its work to keep their control over it, with any future Peace agreement with the Palestinians, by expanding the area of the Israeli settlements through the construction of new housing units and controlled road networks.
Glance about Az-Zawiya town and Sanniriya Village
Az Zawiya town:
Az Zawiya is a Palestinian town in the Salfit Governorate located 13.5 km west of Salfit City. Az Zawiya is bordered by Biddya town to the east, Rafat to the south, Kafr Qasem village ( inside the Green Line) to the west, and ‘Azzun ‘Atma village (in Qalqiliya Governorate) and Mas-ha village to the north .For more information about Az Zawiya town, see the below link:
http://vprofile.arij.org/salfit/pdfs/vprofile/Az%20Zawiya_tp_en.pdf
Sanniriya Village:
Sanniriya is a Palestinian village in Qalqiliya Governorate, located 10.23km southeast of Qalqiliya City. It is bordered by Biddya town (Salfit Governorate) to the east, Mas-ha village (Salfit Governorate) to the south, Beit ‘Amin village to the west, and Kafr Thulth village to the north For more information about Sanniriya village, check the link below:
http://vprofile.arij.org/qalqiliya/pdfs/vprofile/sanniriya_vp_en.pdf
The fourth State Land Declaration During 2016
From the beginning of 2016, the Israeli Occupation Authorities confiscated Palestinian lands under the claim of that the targeted land classified by the Israeli Authorities as “State Land”. Where during the year 2016, the Israeli Civil Administration declared about 6467 dunums (without the new military orders) of Palestinian land as “State land”, following are details about the aforementioned declarations:
- On the 20th of January 2016, the Israeli Civil Administration declared about 1545 dunums of Palestinian land, south of Jericho city, north of the Israeli settlement of Almog, as “State land”. Furthermore, a geopolitical analyses conducted by the Geo-informatics department at the Applied Research Institute- Jerusalem (ARIJ), showed that the targeted land used by the Israeli settlers for agriculture matters for several years ago. From more information about this case, check the link below: “ More than 1500 Dunums to be appropriated under “State Land” Pretext in the Jordan Valley”
- On the 10th of March 2016, the so-called ‘The Custodian of Absentee Property and Israel Land Authority of Judea and Samaria” attached to the Israeli Military of Defense/Civil Administration, Yousi Sigal, issued a military order which declared 2,342 dunums of Palestinian land, south of Jericho city, around the Israeli Settlement of “Almog”, as “State Land” or “Governmental property”. check the link below for more information: “New State Land Declaration Nearby Jericho Governorate 2342 Dunums Expropriated in the Jordan Valley”
- On the 21st of March 2016, the Israeli Authorities handed over a Palestinian residents from Nablus Governorate a new State land Declaration validate the expropriation of 2,580 dunums from the lands of Qaryut, Al Sawya and Al Lubban Ash Sharqiya. According to the confiscation order, what is so-called “Blue Line Team” in the Civil Administration approved the classification of the land. Moreover the expropriation order stated that the current order based on a previous expropriation order issued in the 12th of May 1983 (2500 dunums were declared as “State land”). For more information about this case, check the link below: “Blatant Land Looting through “State Land Declarations” Validate the Expropriation of 2600 Dunums for the Interest of the Settlement of Eli in Nablus Governorate”
+250,000 dunums of Land to be declared as “State Land”
In a geopolitical analysis prepared by the Applied Research Institute- Jerusalem (ARIJ) for the works of the “Blue Line Team” in the Israeli Civil Administration, the aforementioned team, nowadays, work in the survey and study land to approve the classification of about 260,871 dunums of Palestinian land around and within the borders of 107 Israeli settlements in 9 Palestinian Governorates (99 settlements, 5 outpost, two quarries and one Firing zone which it will increase by 192%) as “State land”.
For example, the Blue Line Team working on the classification of 4,232 dunums of Palestinian lands in Ramallah and Bethlehem Governorates, as “State land”, as follow: in Beit Fajjar (919 dunums), Ras Karkar (664 dunums), Kharbatha (585 dunums_- Khirbet Masmar (544 dunums), and Shabteen (1520 dunums).
It’s worth mentioning that the Israeli Authorities aimed by the classification of Palestinian land as “State land”, to confine the existence of illegal Israeli Settlements in the oPt. Where according to an analysis prepared by ARIJ to the Palestinian lands targeted by the Blue line Team showed that if the alleged Team continues its work and approve the classification of the land, the area of the Israeli settlements (196 illegal Israeli settlements in the West Bank included Jerusalem city) will inflated by 133% from its current urban areas.
Dramatically, the urban area for the Israeli settlements in the occupied West Bank and Jerusalem city which is currently196 kilometers square, will increase after the Blue Line Team “finish its work”, to reach 457 kilometers square (133%).
State Land Expropriation …an Overview
When Israel occupied the West Bank in 1967, only one third of the occupied West Bank territory was registered to the people with a Turkish (Ottoman Empire) issued Tabo (certificate of ownership) and/ or with an official British certificate/ registration issued during the British Mandate era. Fundamentally, the Ottoman land code (law) of 1858 continue to govern the land holdings in the West Bank but was never so used during the centuries of Ottoman rule, or under the British and Jordanian rules who maintained the same law. Israeli Military Order #59 (1967(amended by M.O.1091)), which constituted an abuse of the Ottoman land law, by which the Israeli Military-appointed position of 'Custodian of Government Property' expropriated land owned by the Jordanian Government. Also, allows the 'Custodian of Government Property' to expropriate land from individuals or groups by declaring it 'Public Land' or 'State Land', the latter which it defines as land that was owned or managed by, or had a partner who was an enemy body or citizen of an enemy country during the 1967 war.
Accordingly, when Israel occupied the West Bank territory it assumed control of what was assigned as State Land at the time – during the Jordanian Administration period; an area of 634,920 dunums (11.2% from the total West Bank area) classified as “Registered State Lands”, where according to the Israeli equivocal interpretation to the laws, Israel consider itself the legitimate heir of the Jordanian, the British Mandate, the Ottoman; respectively State Land after its military occupation to the Palestinian territory in June 1967, which is absolutely erroneous.
Following the Israeli occupation of the West Bank in 1967, Israel proceeded to classify an additional “Declared State Land” area of 843,922 dunums (14.9% from the total West Bank area) the high point of which was after the year 1979. Currently, the ICA prepares to complete procedures on what is called “Surveyed State Lands” which constitutes 11.7% from the West Bank with a total area of 666,327 dunums. In compilation, the total area of what classify State Land according to Israel as a “State Lands” rounds up to 2,145,169 dunums; some 38% of the West Bank total area).
It is worth mentioning that 248,904 dunums (4.4% of the West Bank area) and 11.6% of what constitutes state land according to Israel is actually located within what classifies as areas “A” and “B” according to Oslo II Interim Agreement signed between Israel and the Palestinian Liberation of Palestine (PLO), mainly in Hebron Governorate at the southern part of the West Bank.
To Conclude:
The Israeli colonial activities in all parts of the occupied Palestinian Territory an in all of its aspect constitute a circumvent over the international law rules and international legitimacy resolutions:
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.
Article 12' of the International Covenant on Civil and Political Right International Covenant on Civil and Political Rights. Adopted by the General Assembly of the United Nations on 19 December 1966: Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
[1] http://peacenow.org/entry.php?id=17842#.Vx2zmvl94dV
Prepared by:
The Applied Research Institute – Jerusalem
