Violation: Vandalizing a water well and cutting down 15 olive trees.

Location: Yasuf village, located south of Salfit city.

Date of Violation: December 6, 2024.

Perpetrators: A group of settlers.

Affected Parties: Two families from the village.

Details of the Violation:

On the evening of Friday, December 6, 2024, a group of settlers stormed the "Hareeq Abdul Razzaq" area, located west of Yasuf village. They carried out an attack on a water collection well, breaking its gate and damaging its courtyard. Additionally, they targeted a plot of land planted with olive trees, cutting and damaging the branches of approximately 15 trees, causing partial harm.

The following table provides details of the damages based on field monitoring at the site of the violation[NC1] :

Farmer Zuhair Jamil Abdul Razzaq reported to the LRC's field researcher:

"The well that was targeted is located in a plot of land planted with olive trees west of the village. This area is constantly subjected to settler attacks, who aim to harass both farmers and residents alike. The partial demolition of the well was expected, as the occupation seeks to tighten its grip on us. Previously, settlers had cut and damaged trees I own in the same location. Despite this, I will restore the well once again."

According to field monitoring by the LRC team, all lands located west of Yasuf village, as well as those near the "Tappuah" settlement, have been subjected to numerous attacks over the past years. These attacks have primarily included land leveling, cutting down olive trees, stealing olive harvests, and assaulting farmers in the area.

Overview of Yasuf Village:

Yasuf village is located 16 kilometers south of Nablus city. It is bordered to the north by the towns of Huwara and Jama'in, to the west by the village of Marda, to the east by the village of Yitma, and to the south by the village of Iskaka. The population of Yasuf was 2,093 people as of 2017. The total area of the village is 6,037 dunams, of which 330 dunams are designated as the built-up area of the village.

The Israeli occupation has confiscated 814 dunams of the village's land for the following purposes:

1. Israeli Settlements:

A total of 659 dunams of Yasuf village land were confiscated for the benefit of two Israeli settlements. The first is the "Kfar Tapuah" settlement, established in 1978, which seized 649 dunams and is home to 523 settlers. The second settlement is "Rekhelim-Shevut," established in 1991, which confiscated 10 dunams of the village's land.

1.  Bypass Roads: Bypass Road No. 508 has seized over 155 dunams of land.

In addition, most of Yasuf's lands are located in Area C, which is under full Israeli control, making the village a frequent target for attacks. According to the Oslo Accords, Yasuf village is divided into Area B (1,427 dunams) and Area C, which constitutes the majority of the village's total area (4,609 dunams).

Legal Commentary:

The Palestinian environment, in general, is subjected to numerous environmental violations by the Israeli occupation, disregarding all international and national laws and conventions 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 mankind since the beginning of creation. The occupation often attempts to present itself as being concerned with international environmental issues, despite having signed major environmental protection agreements, such as the Basel Convention in 1989, the Rotterdam Convention in 2008, the Stockholm Convention in 2001, and the Ramsar Convention in 1971, as well as air quality and climate protocols. Nevertheless, Israel continues to violate all of these treaties without accountability or oversight.

In addition to the provisions regarding 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, adopted by the United Nations General Assembly in Resolution 2200A (d-21) on December 16, 1966, in Article (1), paragraph (2): "...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 international economic cooperation based on the principle of mutual benefit and international law. In no case shall a people be deprived of its means of subsistence...".

Undoubtedly, the violations carried out by the Israeli side contravene the laws of the "occupying power" before any other laws. Referring to the details of this case, the Israeli Penal Code of 1977 and its amendments stipulate that trespassing on someone else's property to commit a criminal act punishable by law is an offense. Article 447 of the Penal Code states: "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 unlawfully.

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

By reading the text of this article, we find that the Israeli Penal Code criminalizes the mere act of entering someone else's property without permission, with the intent to insult, harass, or intimidate, and punishes this act with two years of imprisonment. The punishment increases to four years if the offender commits any act on someone else's property using a weapon or a sharp tool, referred to as a "cold weapon." Naturally, when a settler enters Palestinian land in Area C, uproots and/or destroys crops and trees, damages agricultural structures, and carries a weapon while being protected by armed settler groups or the Israeli military, this act is explicitly criminalized under the aforementioned section of the Israeli Penal Code.

Upon reviewing the mentioned case of aggression, it is clear that the settlers engaged in provocative actions against agricultural lands, including uprooting trees and destroying and damaging the water well. This is explicitly addressed in Article 192 of the aforementioned Penal Code, which states: "Anyone who threatens another person in any manner with unlawful harm to their body, freedom, property, reputation, livelihood, or the life of another person, with the intent to intimidate or harass, shall be punished by imprisonment for three years."

Therefore, the Israeli aggressor blatantly violates both international laws and treaties, as well as the internal laws of the "occupying state," in a clear violation. Consequently, the "Israeli judiciary" must hold the settlers accountable and punish them for these actions based on the provisions of their own laws. However, there is no legal accountability for the aggressors by the Israeli judiciary. Despite this, every human being on this earth has the right to live in a clean, healthy, and safe environment, free from any violation or aggression against it.

[1] LRC

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