Land Research Center

Violation: Partial destruction of 15 olive trees.

Location: Qarawat Bani Hassan town, northwest of Salfit city.

Date of Violation: 23/01/2025.

 Perpetrating Party: "Nofim" settlement.

Affected Party: Farmer Jamal Mustafa Assi.

Description:

A group of settlers targeted a number of productive olive trees in the "Khallet Hassan" area, located in the eastern part of Qarawat Bani Hassan town, on Thursday afternoon (23/1/2025). It is reported that a group of settlers from the "Nofim" settlement, while passing through in an Israeli truck on agricultural roads they had created between olive fields belonging to several farmers in the area, one of the settlers proceeded to cut tree branches that were hindering their movement between the fields, resulting in partial damage to 15 olive trees owned by farmer Jamal Mustafa Assi, who is the provider for a family of (7) members, including (3) females and (5) children within the family.

The affected farmer stated:

"There are repeated attacks on our lands, where settlers in the Khallet Hassan area have created connecting roads between agricultural lands near the settlements of 'Givat Yair' and 'Nofim', and they daily drive their vehicles between the olive groves, which has led to breaking some tree branches, in addition to deliberately damaging the agricultural lands there."

It is reported that the settlers' actions on the ground have effectively prevented at least 34 farmers, who own no less than 60 dunums in that area, from accessing their lands due to settlers' pursuit and attempts to periodically assault them, which has led to the neglect of that area, which is now threatened by wider settler activities in the future.

According to field monitoring at the violation site, the targeted location is less than 400 meters away from the "Havat Yair" settlement, where the area is subjected to regular and organized harassment by the Israeli occupation. The field researcher had previously documented the occupation's destruction of a large number of trees at the same site.

Qarawat Bani Hassan Town[[1]]:

 The village of Qarawat Bani Hassan is located 12km northwest of Salfit city. It is bordered by Deir Istiya village to the north, Bidya village to the west, Deir Istiya and Haris villages to the east, and Sarta village to the south.

Its population is (5,513) people as of 2017.

Its total area is 9,443 dunums, of which 565 dunums are built-up area of the village.

The settlements have seized 324 dunums of village land,

And bypass roads have seized 129 dunums, for the benefit of Road No. 505.

Land classification according to the Oslo Agreement for the village:

 - Areas classified as "B": 849 dunums.

- Areas classified as "C": 8,594 dunums.

 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 occupation contradicts with the laws of the occupation state itself 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. By reading Article 452 of the Israeli Penal Code, we find that the law punishes those who commit an offense or cause damage to property such as (a water well, a water reservoir, a dam, a floodgate, planted trees, a bridge, a tank, or a water cistern) with a penalty of five years imprisonment.

In addition to, 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." This is explicitly criminalized in the text of Article 447 of the aforementioned Israeli Penal Code. Additionally, a penalty of 5 years imprisonment is imposed on those who cause damage to property mentioned in Article 452. Therefore, the violator, the "settler," should face a compounded violation: the first for entering a property that is not theirs, and the second for trespassing on and cutting down the planted trees, resulting in environmental harm.

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]Source: Land Research Center

 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