Violation: Grazing Cattle in Olive Fields.

Location: Wadi Deir Ballut / Salfit Governorate.

Date of Violation: 01/04/2024.

Perpetrators: Settlers.

Affected Party: Riad Khalil Abdel Majeed Youssef Farmer

 Description:

On Monday, April 1, 2024, settlers released several cattle into the agricultural lands in Wadi Deir Ballut, located southwest of the town. The grazing cattle damaged and destroyed several olive trees in these lands, which are over 25 years old. A total of 25 trees were affected.

 These damaged trees belong to farmer Riad Khalil Abdel Majeed Youssef, who supports a family of six, including three daughters and one child.

 Settlers’ Cattle in Citizens' Lands – Wadi Deir Ballut

The affected farmer stated to a researcher from the Land Research Center:

"Since the establishment of the colonial pastoral outpost on the lands of Al-Lubban al-Gharbi, adjacent to our town, we have been in a bitter struggle with the settlers. The settlers intentionally release herds of cattle daily onto our olive-planted lands, causing partial damage to the trees as the cattle graze on their branches. We are the farmers in the town have repeatedly approached the land and communicated with the Palestinian Civil Liaison, receiving promises from the Israeli army to prevent settlers from entering our lands. However, in reality, this has not been implemented, and instead, we have seen cattle on the land more than once, damaging the trees."

The settlers employ this tactic of releasing their cattle into agricultural lands to impose pressure, destroy farmlands, and inflict maximum damage in their attempt to expand and establish more pastoral outposts in the area.

About Deir Ballut[1]:

Deir Ballut is located 24 km west of Salfit City. It is bordered to the north by Rafat village, to the west by the Green Line (lands occupied in 1948), to the east by Kafr ad-Dik village, and to the south by Al-Lubban al-Gharbi.

The town has a population of 3,873 people as of 2017, belonging to nine families: Tufaha, Khair, Abdullah, Qassem, Qara'oush, Meshal, Mustafa, Moussa, and Hadrouz.

The total area of the town is 11,399 dunums, of which 503 dunums are the town's built-up area.

On its eastern lands, the settlements of Har Eli Zahav and Badoel have been established, with the occupation authorities seizing 436 dunums of land:

The settlement “Har Eli Zahav” took 190 dunums, established in 1983 with a population of 3,119 settlers according to the Israeli Ministry of the Interior (January 3, 2019).

The bypass road No. 446 took an additional 127 dunums.

The apartheid wall crosses the town's lands, confiscating 119 dunums under its route and isolating 895 dunums. Its length on Deir Ballut’s lands is 1,189 meters, and upon completion, it will confiscate 670 dunums and isolate 2,613 dunums, extending a total of 6,695 meters.

Land Classification According to the Oslo Accords:

• Area B: 689 dunums
• Area C: 10,710 dunums

Legal Commentary:

The Palestinian environment, in general, suffers from numerous environmental violations by the Israeli occupation, disregarding international and local laws concerning environmental rights. The right to a clean and safe environment is an inherent human right. Despite Israel’s ratification of major environmental agreements, such as the Basel Convention (1989), the Rotterdam Convention (2008), the Stockholm Convention (2001), and the Ramsar Convention (1971), it continues to breach these treaties without accountability.

In addition to the provisions outlined in international laws, charters, and treaties regarding the right to enjoy a clean and healthy environment, especially for those living under military occupation, we can refer to instruments such as the International Covenant on Economic, Social and Cultural Rights. Specifically, United Nations General Assembly Resolution 2200 A (D-21), dated 16 December 1966, in Article 1, Clause 2, states:

“All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.”

This clearly establishes the right of all peoples, including those under occupation, to preserve their natural resources and maintain their means of subsistence without interference from external forces. In this context, any actions that undermine this right are in violation of international law.

It is indisputable that the attacks carried out by the Israeli side constitute violations of the laws governing the responsibilities of an "occupying power" under international law, as well as the domestic laws of the occupying state. Specifically, the Israeli Penal Code of 1977, along with its subsequent amendments, stipulates that trespassing on the property of others is a punishable offense. Article 447 of the Israeli Penal Code provides that:

*"Whoever does any of the following with the intent to intimidate, insult, or harass the owner of a property, or to commit a crime, shall be punished by imprisonment for up to two years:

1. Enters or crosses the property without permission;
2. After entering the property legally, remains there illegally.
    (b) A crime is considered committed under this section when the perpetrator carries a firearm or a weapon. The penalty for such an offense is imprisonment for up to four years."*

The text of this article clearly criminalizes the unauthorized entry into someone else’s property with the intent to harass, intimidate, or commit a crime. The penalty for such an act is imprisonment for up to two years. Moreover, the penalty is increased to up to four years if the perpetrator is armed with a weapon or commits a further offense, such as assault, trespassing, or overgrazing. This provision in Israeli law explicitly criminalizes the actions of settlers who unlawfully enter, damage, or occupy land and property, which has been a consistent pattern of violation in the occupied territories.

Thus, the Israeli settlers’ actions constitute a clear violation of both international treaties and Israeli law, yet there is no accountability from Israeli courts. This lack of enforcement, however, does not negate the fundamental right of any individual to live in a safe, clean, and undisturbed environment.