Land Research Center - LRC

Confiscating 3500 dunums of Ar-Reef Ash-Sharqi lands for “Nokodim” settlement / Bethlehem

2019-09-18

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Violation : Modifying borders for Nikodym settlement.

Location: Janattah , Taqo’u , Beit Ta’amur , Jabet Ath-Theeb / Bethlehem governorate.

Date: 18/09/2019.

Perpetrator: The Israeli occupation army and civil administration.

Victims: people of Janattah , Taqo’u , Beit Ta’amur , Jabet Ath-Theeb / Bethlehem governorate.

Description:

Wednesday, 18 September 2019 , The Israeli occupation authorities released an announcement that aims to expand Nikodym settlement on Ar-Reef Ash-Sharqi lands , the announcement is signed by Infrastructure head “Mali Maeri”.

Noteworthy, the targeted area belongs to people from Jannatah , Taqo’u , Beit Ta’amur and Jabet Ath-Theeb, and located  close to Nikodym settlement.

According to the military order the owners have only 21 days to object starting from the announcement date, so they started preparing the legal deeds and contacting relevant bodies to solve the case legally.

The confiscation order is not clear  at all, it says that the area will be confiscated for the expansion of Nikodym settlement , but without explaining precisely what are the targeted plots, in order to deceive citizens and putting off the objection procedures.

According to the Geographical information Unit in LRC estimations, the confiscated lands will reach 3500 dunums. The confiscation aims to connect “Nikodym” , “Al David” and the outposts between them , as another step towards achieving their project “The greater Jerusalem”.

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The announcement

Despite that fact that international conventions and agreements consider Israeli colonies in West Bank Illegal, The occupation authorities are expanding more and more without considering the basic human rights of the endogenous people.

Legal Feedback:

The constringing policy by the Israeli occupation authorities of confiscating Palestinian lands in order to  build illegal random outposts and settlements can only be regarded as a violation of all international conventions and agreements like:

Resolution 2334 (2016) : The resolution states that Israel's settlement activity constitutes a "flagrant violation" of international law and has "no legal validity". It demands that Israel stop such activity and fulfill its obligations as an occupying power under the Fourth Geneva Convention.

The Geneva Fourth convention relative to the protection of civilian persons in the times of war:

  • Security council resolution 242 year 1967:   Withdrawal of Israel armed forces from territories occupied in the recent conflict; and  Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territoial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force.
  • Security council resolution 446 year 1979:   Determines that the policy and practices of Israel in establishing settlements in the Palestinian and other Arab territories occupied since 1967 have no legal validity and constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;
  • Security council resolution   452 year 1979: the resolution once again denounced Israel's settlement activities in territories occupied in 1976 including (East) Jerusalem, this activity constituting a violation of the Fourth Geneva convention, and called on Israel to cease planning and construction of settlements
  • Security council resolution 465 year 1980: calls to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem; Calls upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories;          
  • Security council resolution 478 year 1980:  Censures in the strongest terms the enactment by Israel of the "basic law" on Jerusalem and the refusal to comply with relevant Security Council resolutions,Those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City.

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