Violation: Uprooting trees and destroying an agricultural project.

Date of Violation: August 27, 2024.

Location: Jorat al-Khail – Sa'ir / Hebron Governorate.

Perpetrators: Settlers.

Impacted Party: Citizen Mai Shalalda

Description:

Mai Ahmed Hussein Shalalda, the affected citizen, reported that settlers had stormed a plot of land she owns in the Jorat al-Khail area, east of the town of Sa'ir, in the eastern part of the Hebron Governorate. The settlers uprooted and completely destroyed the plants.

The impacted citizen stated:

"I own a 2-dunum plot of land in Jorat al-Khail, which I rehabilitated three years ago at my own expense. I planted it with olive trees, almonds, and grapes, and have been taking care of it regularly. I left the site and returned to my residence in Sa'ir on the evening of Monday, August 26, 2024. When I returned the next morning to work on the land, I noticed that most of the plants had been uprooted from their roots. Some were broken, and others were buried under the soil. It seems that the perpetrators uprooted the plants by hand, while others were smashed and trampled underfoot."

This act of destruction resulted in significant damage to the agricultural project, which the citizen had invested in with her own resources.

Mai Shalalda explained that the settlers destroyed her agricultural project, which she had worked hard to develop, and was hoping would become a garden for her family. She supports a household of 13 people, including 8 children, with 10 females in the family.

She pointed fingers at the settlers, accusing them of being the ones who attacked her land and destroyed her project. She further explained that about a month ago, the settlers had invaded the land and torn the cover of the agricultural tent she had set up on her property to provide shade while working there. Additionally, settlers have been conducting provocative tours in the area and attacking farmers in the region.

This ongoing harassment and destruction have had a significant negative impact on her livelihood and her family’s well-being.

The citizen Mai Shalalda explained that the damages resulting from this attack affected the following plants:

1. Olive saplings: 15 saplings, two years old.
2. Various almond saplings: 25 saplings, two years old.
3. Grape saplings: 10 saplings, two years old.

It is important to note that the "Asfar" settlement is located to the east of the Jorat al-Khail area and overlooks it. Settlers from this settlement have carried out numerous attacks on the local population, aiming to force them to leave their lands to make way for colonial expansion and settlement projects. These ongoing violations have caused significant harm to the residents and their agricultural projects.

Legal Commentary:

The Palestinian environment, in general, is 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 an inherent human right. Despite Israel's signing of major environmental protection agreements, 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 protocols, it continues to violate these treaties without accountability or oversight.

In addition to specific provisions regarding the right to a clean and healthy environment for 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 (Resolution 2200A (d-21)) on December 16, 1966, Article 1, Paragraph 2 states:
 "... all peoples have the right to freely dispose of their natural wealth and resources without prejudice to any obligations arising from 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."

This legal framework highlights the violation of Palestinian rights to a clean environment, free from destruction, pollution, and exploitation by the occupying power.

There is no doubt that the attacks carried out by the Israeli side violate the laws of the "occupying state" itself, in addition to international laws. Referring to the details of this case, the Israeli Penal Code of 1977 and its amendments stipulate that any violation of another's property to commit an illegal act is punishable by law. According to Article 447, it states:
 "Anyone who commits any of the following with the intent to intimidate, insult, or harass the property owner or commit a crime shall be punished with imprisonment for two years:

1. Entering or crossing the property;
2. After entering the property legally, staying there illegally.
    (b) A crime under this section is committed when the perpetrator carries a firearm or a cold weapon, and the penalty is four years in prison."

Reading this article, it is clear that the Israeli Penal Code criminalizes merely entering someone else's property without authorization for the purpose of insult, harassment, or intimidation, and punishes such an act with two years in prison. The penalty increases when the perpetrator enters the property and commits a crime using a weapon or a sharp tool, or even when agricultural land is attacked through cutting, burning, or destruction, as explicitly criminalized in the aforementioned article.

Therefore, the Israeli aggressor violates both international law and the laws of its own state, committing a clear violation. 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 judiciary. Nevertheless, this does not negate the right of any person on this land to live in a clean, safe, and protected environment free from any violations or 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