Violation: Land Bulldozing.

Date of Violation: May 13, 2024.11.13.

Location: Umm Hadhwa, Dura Town / Hebron Governorate.

Perpetrators: Colonists.

Affected Party: Citizen Iyad Isaid.

Description:

On Monday, May 13, 2024, colonists bulldozed a plot of land owned by citizen Iyad Omar Abdullah Asaid, located in the "Umm Hadhwa" area, west of the village of Al-Tibqa, in Dura town, southwest of Hebron.

The affected citizen (50 years old) reported to the Land Research Center researcher:

"I own a 44-dunum plot of land, which I purchased several years ago. It is located in the Umm Hadhwa area in natural block number 4 and carries plot number 1349. I have a Palestinian title deed and all supporting documents. About a year ago, I tried to reclaim it to plant trees, but the occupation authorities would obstruct the bulldozers and threaten to confiscate them, so we stopped working out of fear."

Asaid, who resides in Hebron city, mentioned that he received a call from a friend near the site, informing him that the colonists were working on his land. When he was able to observe the site from a hill opposite his land, he saw a bulldozer being used by the colonists to level his land, and about 1 dunum was bulldozed.

After the attack, Asaid went to the Israeli occupation police station and filed a complaint. He hired a lawyer to follow up on the complaint and hopes to stop the colonists from working on his land.

It is worth mentioning that the "Umm Hadhwa" area has witnessed colonial activities for about five years, with colonists constructing roads, establishing a settlement outpost, and setting up a vineyard on about 50 dunums. Bulldozing and land preparation activities are ongoing in the western region, and now colonists are bulldozing from the eastern side of the area, where Asaid's land is located.

The "Negohot" and "Mirsalim" settlements are situated opposite this area, and the Israeli authorities classify most of the Umm Hadhwa lands as "state lands" under the jurisdiction of the "Negohot" settlement, meaning they have confiscated these lands from their original owners according to Israeli laws in the West Bank, transferring them to the Israeli state treasury for use in colonial projects.

To clarify the location of the Umm Hadhwa area, it lies to the east of the towns of Beit Awwa and Deir Samet, bordered to the east by the village of Al-Tibqa, to the north by lands of Deir Samet, and to the south by the Negohot and Mirsalim settlements, as well as a colonial road serving both settlements.

Legal Commentary:

The Palestinian environment is generally subjected to numerous environmental violations by the Israeli occupation, disregarding all international and national laws and norms related to the protection of environmental rights. The right to live in a clean and healthy environment is a fundamental human right that has been inherent to humanity since the beginning of time. Despite Israel’s efforts to portray itself as committed to international environmental affairs, it continues to violate major environmental protection agreements that it has signed, such as the Basel Convention (1989), the Rotterdam Convention (2008), the Stockholm Convention (2001), and the Ramsar Convention (1971), as well as air quality and climate pacts, without accountability or oversight.

In addition, there are specific provisions in international laws, treaties, and conventions that grant the right to enjoy a clean and healthy environment for those living under military occupation. For instance, the International Covenant on Economic, Social and Cultural Rights, adopted by the UN General Assembly under Resolution 2200A (D-21) on December 16, 1966, in Article 1, paragraph 2 states: "...All peoples, in pursuit of their own objectives, have the right to freely dispose of their natural wealth and resources without prejudice to any obligations arising from the requirements of international economic cooperation based on the principle of mutual benefit and international law. In no case may a people be deprived of its own means of subsistence."

There is no doubt that the violations carried out by Israel contravene both the laws of the "occupying power" as well as other international legal frameworks. Referring to this specific case, the Israeli Penal Code of 1977 and its amendments criminalize the violation of another’s property in the commission of an unlawful act. Article 447 stipulates: "Anyone who does any of the following with the intent to intimidate, insult, or harass the property owner or commit a crime shall be punished by imprisonment for two years:

1. enters or crosses the property;
2. after entering the property legally, remains there illegally.

(b) A crime is committed under this section when the offender carries a firearm or a weapon, and the penalty is imprisonment for four years."

When reading this article, we see that the Israeli Penal Code criminalizes the mere entry of any person without justification into someone else’s property, for the purpose of insult, harassment, or intimidation, and punishes this act with two years in prison. The penalty doubles if the offender enters and commits a crime on another person’s property using a weapon or sharp tool or engages in any other form of violation, such as bulldozing land, destroying it, or damaging crops. This is clearly criminalized in the article mentioned of the Israeli Penal Code.

Thus, the Israeli perpetrator who bulldozed the land and destroyed vegetation and plants caused environmental pollution in the area and harmed biodiversity. Therefore, this action is a direct violation of both international environmental laws and the laws of Israel itself. Accordingly, the Israeli judiciary should hold the settlers accountable and punish them for these acts according to their own legal provisions. However, there is no legal accountability for the perpetrators by the Israeli courts. This does not negate the fundamental right of any person living on this land to a clean, healthy, and secure environment free from violations and attacks.

مشروع: حماية الحقوق البيئية الفلسطينية في مناطق "ج" SPERAC IV - GFFO

Disclaimer: The views and opinions expressed in this report are those of Land Research Center and do not necessarily reflect the views or positions of the project donor; the Norwegian Refugee Council.

إخلاء المسؤولية: الآراء ووجهات النظر الواردة في هذا التقرير هي آراء ووجهات نظر مركز أبحاث الأراضي ولا تعكس بالضرورة وجهات نظر أو مواقف الجهة المانحة للمشروع؛ المجلس النرويجي. للاجئين