Land Research Center

• Violation: Cutting olive trees and damaging metal fencing.
• Location: Dhaher al 'Abed village, southwest of Jenin city.
• Date of Violation: 21/02/2025.
• Offending Party: The colonial outpost established in the area.
• Affected Parties: Farmers Jihad Adnan Ghalib Amarneh and Ahmad Kamel Ibrahim Amarneh.

Violation Details:

On the evening of Friday, February 21, 2025, a new attack was reported in the village of Dhaher al 'Abed, located southwest of the city of Jenin. The attack was carried out by settlers from the pastoral outpost situated in the Khirbet Masoud area, which borders the village's lands.

A group of settlers from that outpost took advantage of the calm in the area to launch an attack on agricultural lands near the settlement outpost in the region known as "Seder Al-Shurfa," which lies no more than 200 meters from the pastoral outpost.

During the attack, the settlers carried out acts of vandalism, using sharp tools to cut down and damage 18 olive trees and destroy a 60-meter-long agricultural fence before withdrawing from the area.

The following table shows details of the damage at the site of the violation:

 The farmer Ahmad Kamel Amarneh told the Land Research Center researcher the following:

"Agriculture is the core of my life. I inspect and care for my land daily. My land is located just a few meters from the colonial outpost that has been established in the area since 2018. We are continually subjected to harassment and attacks by settlers that have targeted most of our agricultural lands. A large number of trees have been destroyed, and this has also included the demolition of fencing and the bulldozing of more than one plot of land during previous periods. We are actually struggling to remain on our land despite everything we are exposed to."

The field research team has documented, over the course of more than four years, multiple attacks carried out by settlers originating from that outpost in Khirbet Masoud. These attacks have led to the destruction of vast areas of agricultural land and significant damage to crops. Farmers have filed numerous complaints, but to no avail, as the occupation police and army provide legal cover for the settlers while they carry out these assaults.

Khirbet Dhaher al 'Abed:
 A small village located west of the city of Jenin, approximately 26 km away. It is bordered by Zibda to the east and north, Akkaba to the west, and Qaffin to the south. The total area of the village is about 660 dunams, with approximately 80 dunams designated for building structures. All of the village’s land falls within Area C.

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.

Most Prominent Attacks by Colonial Outposts on the Lands of Khirbet Mas'oud against the Residents and Properties of Dhaher al 'Abed Village during 2024:

1. 22/12/2024: Settlers demolish an agricultural room in Dhaher al 'Abed village, south of Jenin.
2. 07/07/2024: Settlers burn an agricultural room in Dhaher al 'Abed village, south of Jenin city.
3. 23/06/2024: Settlers demolish an agricultural room in Dhaher al 'Abed village, Jenin Governorate.
4. 17/06/2024: Settlers attack an agricultural land plot in Dhaher al 'Abed village, Jenin Governorate.
5. 29/05/2024: Settlers cut trees and steal fencing in lands of Dhaher al 'Abed village, Jenin Governorate.
6. 02/05/2024: Settlers destroy an agricultural room in Dhaher al 'Abed village, south of Jenin city.
7. 04/03/2024: Settlers attack lands and an agricultural room in Dhaher al 'Abed village, Jenin Governorate.
8. 25/02/2024: Settlers from the colonial outpost on Dhaher al 'Abed village lands attack citizens' agricultural properties / Jenin Governorate.
9. 08/02/2024: Settlers burn an agricultural room in Dhaher al 'Abed village, Jenin Governorate.

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