Violation: Burning of 174 fruitful olive trees.

Date of Violation: 02/09/2024.

Location: Surra Village, Nablus Governorate.

Perpetrators: Israeli settlers.

Affected Party: A group of farmers from the village.

Description:

As the current olive harvest season approaches, settlers have intensified their attacks on agricultural lands. These actions aim to discourage Palestinian farmers from tending to their lands, facilitating eventual control over the properties and expanding settlement activities.

On the afternoon of Monday, September 2, 2024, a group of settlers set fire to olive fields in the "Al-Khawaniq" and "Al-Qa’da" areas, south of Surra village, near the illegal outpost of" Havat Gilad".

It is worth mentioning that the settlers initially set fire to dry grass, which quickly spread, significantly expanding to cover more than 15 dunums of olive-planted land, destroying the trees one after another.

Several farmers attempted to extinguish the fire, but the Israeli army obstructed their access, even firing live ammunition into the air to intimidate the landowners and prevent them from approaching. Meanwhile, the occupation authorities refused to allow Palestinian Civil Defense teams to reach the site, allowing the fire to spread unchecked and completely destroy around 174 olive trees.

Below are the names of the affected farmers and information about them, according to the Surra Village Council:

Farmer Khaled Mohammed Hindi told the LRC's researcher:

"The lands that were burned are among the most fertile agricultural areas in the village. We rely on them to secure our annual livelihood from olive oil production. This area has been attacked multiple times before, with the aim of driving us away and preventing us from accessing it. There are no less than 150 dunums of fruitful olive trees in that area. Since the events in Gaza, the occupation has been preventing us from reaching our lands. Last year, we were unable to harvest the olive crop, and this year, just days before the olive harvest season, settlers deliberately burned what remained of our olive trees, causing significant damage. The losses are not only financial but also deeply emotional.".

Surra Palestinian Village:

Surra village is located southwest of Nablus, approximately 11 kilometers away. It is bordered by Beit Wazan to the north , At-Tell to the east and  Jit to the west

The total area of the village is 5,998 dunums, and it is home to approximately 3,000 Palestinian residents.

Following the signing of the Oslo II Agreement in September 1995 between the Palestinian National Authority and Israel, the lands of Surra village were divided into Area A, Area B, and Area C:

Area A: Covers 3,272 dunums, and is under full Palestinian control (both security and administrative).

Area B: Covers 1,776 dunums, with administrative responsibilities falling to the Palestinian Authority, while Israel retains security control.

Area C: Covers 950 dunums, and is under full Israeli control, both security-wise and administratively.

Legal Commentary:

The Palestinian environment, in general, is subject to numerous environmental violations by the Israeli occupation, which disregards 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, inherent to all people since the beginning of creation.

Despite Israel's signature on major environmental agreements, such as the Basel Convention (1989), the Rotterdam Convention (2008), the Stockholm Convention (2001), and the Ramsar Convention (1971), as well as its commitment to air quality and climate protocols, the occupation continues to violate all of these treaties without accountability or oversight. This highlights a significant gap between Israel's international obligations and its on-the-ground actions, which harm the Palestinian environment and people.

In addition to the provisions related to the right to enjoy a clean and healthy environment for all those under military occupation, according to international laws, conventions, and treaties, such as the International Covenant on Economic, Social, and Cultural Rights (General Assembly Resolution 2200A (d-21), December 16, 1966), Article 1, Clause 2, states:
 "All peoples have the right to freely dispose of their natural wealth and resources without prejudice to any obligations arising from the international economic cooperation based on the principle of mutual benefit and international law. In no case may a people be deprived of its means of subsistence..."

Undoubtedly, the violations committed by the Israeli side contradict not only international law but also the laws of the occupying state itself. Referring to the specifics of this case, the Israeli Penal Code of 1977 and its amendments stipulate that trespassing on the property of others to commit a crime punishable by law is illegal. Article 447 states:
 "Anyone who does any of the following with the intent to intimidate, insult, harass, or commit a crime, shall be punished by imprisonment for two years:
 (1) enters or crosses property;
 (2) after entering the property legally, remains there illegally.
 (b) A crime under this section is committed when the perpetrator carries a firearm or a weapon, and the penalty is imprisonment for four years."

By reading the text of this article, we find that Israeli criminal law criminalizes the mere entry of any person without legal right into someone else's property with the intent to insult, harass, or intimidate, and punishes this act with a two-year sentence. The penalty is doubled when the intruder commits a crime in someone else's property using a weapon or a sharp object, or even when they damage agricultural lands through cutting, burning, or destruction. This is explicitly criminalized in the text of the mentioned article of Israeli criminal law.

Therefore, the Israeli aggressor is in violation of both international laws and treaties, as well as the internal laws of his own "state," in a clear violation. Accordingly, the "Israeli judiciary" must hold and punish the colonists for these actions in accordance with the provisions of their laws. However, there is no legal accountability for the aggressor by the Israeli judiciary. Nevertheless, this does not negate the right of any person on this land to live in a clean, sound, and safe environment, free from any violation or assault.

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

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