On September 25, 2009, the Israeli Occupation Army handed over Palestinian citizens of ‘Anata, Al ‘Isawiya, Al Khan and An Nabi Musa communities east of Jerusalem city a new military order named ‘Land Law Order (acquisition for public projects) (Judea & Samaria) (# 321) 5729-1969, Land Acquisition & Expropriation (Road) # (02/09/H) which stipulates the confiscation of 584 dunums of their lands to expand the Israeli-controlled bypass road # 1. See Map of Military Order
The following is a translation of the Israeli order number (02/09/H):
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Israeli Defense Army
Land Law Order (acquisition for public projects) (Judea & Samaria)
(# 321) 5729-1969
Land Acquisition & Expropriation # (02/09/H)
According to my jurisdiction and in accordance to item 2 regarding Land Law (acquisition for public purposes) (Judea & Samaria) (#321) 5729-1969 and according to article 4 (1) of Land Law (acquisition for public purposes) #2 of 1953 (as stated), and as I am convinced that the land acquisition (road) is for public interest and it is within the inquisitor ability to withstand all expenditures needed to compensate land and property owners and since there are grounds for immediate expropriation.
I hereby decide acquisition on the stated below lands and property according to item 4 (1) (B) of the acquisition law and to expropriate immediately the same listing according to item 12 (1) of acquisition law.
Acquisition is used to implement part of the detailed master plan number 04/905 which was published and went into effect by 18/04/2007.
Area of land approximately 584 Dunums of lands of ‘Anata, An Nabi Musa, Al Khan Al Ahmar and Al ‘Issawiya, all marked with red in the acquisition map number (02/09/H) signed by myself and considered inseparable section of the order. The lands are located within the following communities’ lands as detailed below:
The attached map of this order will be available for all concerned individual to look it over at the
1- District Coordination Office (DCO) of Jerusalem District.
2- Head of the Infrastructure Unit at the District Coordination Office.
3- Building and Planning Unit at the District Coordination Office
25/09/2009
Yu’av Murdachai Head of the Israeli Civil Administration The competent authority
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An Analysis of the military order map was conducted by the Applied Research Institute – Jerusalem (ARIJ) and showed that the Israeli Occupation Army is willing to create a buffer zoneon both sides of a section (4.7 kilometers) of the Israeli bypass road number 1 which runs through the Ma’ale Adumim settlement bloc, precisely between Neve Brat settlement and the Mishor Adumim Industrial Zone. See Map 1
The analysis also showed that the Military Order confiscates a total area of 638 dunums of lands, an increase of 54 dunums area than that area mentioned in the military order itself which is 584 dunums. Table 1 below details the lands confiscated from each of the aforementioned Palestinian communities.
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Table 1: Confiscated Palestinian Lands east of Jerusalem
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Confiscated Area
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Palestinain Community
Name
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No
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539
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Anata
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1
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64
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Al ‘Issawiya
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2
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35
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Jericho (An Nabi Musa and AlKhan Al Ahmar)
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3
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638
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TotalConfiscated Area
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Source: Geo-graphical Information SystemUnit- 2009
Acquisition by Declaring ‘Expropriation for Public Services’ under Military Order 321 of 1969
MILITARY ORDERS ALLOWING GOVERNMENT CONFISCATION OF PRIVATELY OWNED LAND & PROPERTY:
Military Order #321 (1969) – gave Israeli Military right to confiscate Palestinian land in name of ‘Public Service’ (left undefined), and without compensation.
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:
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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 territories appointed a military authority to carry out this law.
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In the amendments made under Israeli Military Order 569, 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.
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LAW TYPE: MILITARY ORDER
LAW NUMBER: 569 DATE: 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.
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To Conclude
The Israeli government was so concerned to legalize its confiscation process in the Israeli legal system to legitimize its ownership of confiscated properties. Its illegal maneuvers continued from the 1948 to the present date as the Israeli government introduced various laws to present some ‘logic’ to its policies of land confiscation from their rightful owners.
The confiscation and destruction of Palestinian land is clear violation of the Fourth Geneva Convention, Article 147 which clearly prohibits extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; and Article 49 of the Fourth Geneva Convention also states that: ‘ Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.‘ Violations of Articles of the Fourth Geneva Convention constitute breaches of the Convention and should be prosecuted as War Crimes.
Also Israel continues to violate its obligations as an occupying power under international law rules. The Israeli practices in the Palestinian territory clearly contradict with:
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The International Covenant on Economic, Social and Cultural Rights (ICESCR) – Food (ICESCR, art. 11): The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
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The International Covenant on Civil and Political Rights (ICCPR) – Property (ICCPR, article 1) provides that: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
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Article XXXI of the 1995 Oslo agreement Israelis forbidden from building or planning any project or settlements or any colonial expansion or any plan that leads to a change of the status of the West Bank and Gaza Strip. The article provides that “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”.
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Article I, Item2 and 4 of the 1995 Oslo Agreement clearly states that (… the unity and integrity of the Palestinian people in the West Bank and Gaza Strip shall be maintained and respected…). The ”Lateral Roads”, or what people call ”bypass roads” -because they are meant to circumvent (i.e. bypass) Palestinian built up areas, are now disconnecting Palestinian communities from each other.
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[1] To provide protection to Israeli settlers accessing this road.
Prepared by
The Applied Research Institute – Jerusalem
The Applied Research Institute – Jerusalem
