A new security road on lands of Jayyus village in Qalqilyia Governorate

On the 31st of July 2016, the so called “Israeli  Ministry of Defense” issued a new military order in Jayyus village in Qalqilyia Governorate. The order holds No. (16/13/T)-(Judea and Samaria), 5776-2016 and cites the confiscation of 3.875 dunums of Palestinian land in the village for security purposes, mainly to construct a new security road in the area.

Analyisis of the military order showed that the road will extend from the Israeli military camp located to the west of Zufim settlement and then extends northwards to reach a shooting training area. Lands targeted, as stated in the military order, lie in Block No. 20, parcels 6, 7, and 49. See Copy of the military order.

Photos 1-3: A copy of the military order in Jayyus village

The order was signed by the so-called “IDF Chief of General Staff ” in the occupied West Bank, Roni Nomah Alof, and stated that the seizure of land is imperative for military reasons due to the special security situation in the region and the need to take necessary measures to prevent “hostile attacks” against Israeli settlers. 

Furthermore, the military order advised the landowners who wish to object to the military order to do so via the District Coordination Office (DCO) in Efrayem within 7 days from its publishing date or via the Office of the juridical advisor in the area. However, the order was only made available to affected land owners on the 10th of August 2016, ten days following the issue date of the order, which means that, the period set for filing objections against the military order (7 days as indicated) already expired and Palestinian land owners lost their right to object the military order. See Map 1

The targeted lands, as stipulated in the military order, are located in the area that has become off access to Palestinians in Jayyus village, in what has become known today among Palestinians as “the western segregation zone (WSZ)”, the area isolated between the 1949 Armistice Line (Green Line) and the route of the Israeli Segregation Wall.

Palestinian land owners are only granted entry to these lands on seasonal basis. Additionally, the number of permits issued for Palestinians to access their lands in the western Segregation zone does not exceed 3-5% of the total number of farmers who apply for an entry permit, rendering many unable to cultivate their lands; thus causing a drop in their livelihood income.

Jayyus Village Council often complained about the Israeli policy of not granting Palestinians permits to access their lands in the WSZ and the behavior of the Israeli soldiers manning the gates through which Palestinians shall be granted entry to their lands, as Palestinian farmers are sometimes detained for hours before being allowed to access their lands and consequently become unable to work full days. Additionally, the Israeli soldiers sometimes close the gates and refuse to open them, rendering access impossible on such days as well as preventing them from taking through the levels and types of fertilizers needed for crop production.

A Palestinian community threatened of Demolition and evacuation near Tzufim settlement

To the west of the Tzufim settlement, lies the Palestinian community of 'Arab ar Ramadin ash Shamali. For so long has this community been enduring the harassment of the Israeli occupation army and authorities with the intention to evacuate this community from its location to make room for settlement and military expansion in the area. This has been achieved by first, establishing of a military camp to its west, which hindered its urban development over the years; and second, by the establishment of Tzufim Israeli settlement to its east in 1991. The settlement kept expanding and expanding over the years, on the expanse of this community, which negatively affected its growth over the years and in turn  threatened its existence. For more information, check out ARIJ’s detailed report on 'Arab ar Ramadin ash Shamali .

To conclude,

The seizure of land in Jayyus village is carried out for absolute military purposes as stipulated in the military order. If applied, it is likely to involve the seizure of more Palestinian land in the area and further violates all international laws and conventions:

• Hague Regulations of 1907 and the Fourth Geneva Convention of 1949: “expressly forbids an occupying power 'to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war' (Article 23).” 

• The Fourth Geneva Convention, the primary document of international law governing instances of military occupation, states in  Article 49 that: 'The occupying power shall not deport or transfer parts of its own population into the territories it occupies.'

• Article 53 of the Fourth Geneva Convention is also clear that: 'any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.'

• The appropriation and destruction of Palestinian land is an especially serious violation of the Fourth Geneva Convention, Article 147 of which clearly prohibits, ''extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.''  Violations of Article 147 constitute grave breaches of the Convention and should be prosecuted as War Crimes.

Find below a translation of the military order (16/13/T)   

Prepared By  
The Applied Research Institute – Jerusalem
ARIJ