Violation: Settlers open a road and place a caravan in order to build a new outpost.

Location: Al-Khammar – Battir village / Bethlehem governorate

Date: 24/12/2018.

Perpetrator: settlers of “Gosh Etzion”.

Victims: People of Battir.

Description:

In the early morning hours of 24/12/2018, over 100 settlers accompanied by machineries and bulldozers raided Battir village , and placed a caravan in Al-Khammar area.

Noteworthy, in 19/12/2018, settlers and their bulldozers carried on opening a 1 km road, to lead to the new illegal outpost, but the families of the town gathered and kicked out the illegal settlers. However, they came back at midnight and finished the road opening.

Al-Khammar area in Battir is targeted by settlers’ attacks, and the Israeli governments is obviously covering their back while they grab Palestinian lands and attack Palestinians, Al-Khammar area is considered an escape to the town’s people for its beautiful nature.

About Battir :[1]

The village is located 7km to the western side of Bethlehem. It is edged by the occupied lands of 1948 from the north and west, al-Walaja village from the northeast, and Husan village from the south.

Battir has a total population of 5117 people until 2014 and has a total land area of 6681 dunum, 832 of which are built-up area.

Oslo Accords divided the lands of Battir as follows:

• 1467 dunums are classified as area B

• 5214 dunums are classified as area C

Land Research Center sees Israel continuous expansion on colonies in the West Bank and Jerusalem at the expense of Palestinian and lands a flagrant violation of Human Rights and all international laws and conventions, which prohibit disposition of public properties in occupied countries.

UN Resolutions

UN Security Council Resolution 242 of 1967: calls for

• the Withdrawal of Israel armed forces from territories occupied in the recent conflict;
• Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial 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."

UN Security Council Resolution 449 of 1979: the Security Council determined:

• "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"

UN Security Council Resolution 452 of 1979: states that

• "the policy of Israel in establishing settlements in the occupied Arab territories has no legal validity and constitutes a violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949" and "calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem."

UN Security Council Resolution 465 of 1980:

• It expressed concern at Israeli settlement policy in the Arab territories and recalled resolutions 237 (1967), 252 (1968), 267 (1969), 271(1969) and 298 (1971). It further called upon the State and people of Israel to dismantle such settlements. The resolution calls on all states ‘not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories

• Hough  convention 1907 :
• Article 46:  the occupying power must not confiscate Private property .
• Article 55:  The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
• Geneve forth convention 1949:
•  Article 49: The occupying power shall not deport or transfer parts of its own population into the territories it occupies.
• Article 55: 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.
• Article 174:  taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

[1] GIS-LRC

The contents of this document is the sole responsibility of LRC and can under no circumstances be regarded as reflecting the position of the European Union