Violation: Cutting and vandalizing 10 olive trees.
Location: Yasuf Village, Salfit Governorate.
Date of Violation: October 12, 2024.
Perpetrators: Settlers from an outpost near the "Taffouh" settlement.
Affected Party: Farmer Abdul-Mu'ti Ahmad Abiya.

Description:

At the start of the current olive harvest season, a group of settlers stormed the "Al-Wajh Al-Qibli" and "Al-Nab’a" areas west of Yasuf village on the morning of Saturday, October 12, 2024. They cut and vandalized the branches of ten fruitful olive trees.

These trees belong to farmer Abdul-Mu'ti Ahmad Abiya, who supports a family of four adults, including two females.

It is noteworthy that the Israeli occupation and settlers have intensified their attacks on olive trees recently, to the extent that such assaults have become a daily occurrence during the current harvest season. These attacks pose a real threat to the lives of farmers and result in the loss of the olive harvest, which farmers have long awaited.

Farmer Abdul-Mu'ti Abiya told a researcher from the LRC:

"Over the past months, the settlers have tried to prevent me from accessing my land. However, I was determined to reach it and take care of it. Most of the agricultural plots adjacent to mine have been completely vandalized. What happened was expected from the settlers who roam the lands and seek to spread destruction."

Overview of Yasuf Village [1]:

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

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

1. Israeli settlements have seized 659 dunams of Yasuf's land, including 649 dunams for the Kfar Tapuah settlement, established in 1978 and housing 523 settlers, and 10 dunams for the “Rehelim-Shefut” settlement, established in 1991.
2. Bypass Road No. 508 has taken over more than 155 dunams.

In addition, most of Yasuf's land falls under Area C, which is under full Israeli control, making it a target for almost daily violations. According to the Oslo Accords, Yasuf is divided into Area B, covering 1,427 dunams, and Area C, which constitutes the majority of the village’s total area at 4,609 dunams.

Legal Commentary:

• The Palestinian environment, in general, faces numerous violations by the Israeli occupation, disregarding all international and national laws and norms related to environmental protection. The right to live in a clean and healthy environment is an inherent human right since creation. Despite Israel's attempts to portray itself as a proponent of international environmental concerns and its signing of major environmental protection agreements—most notably the Basel Convention (1989), the Rotterdam Convention (2008), the Stockholm Convention (2001), and the Ramsar Convention (1971)—it continues to violate these treaties without accountability or oversight.
• Moreover, international laws and treaties emphasize the right of all individuals under military occupation to enjoy a clean and healthy environment. This is clearly stated in the International Covenant on Economic, Social, and Cultural Rights, adopted by UN General Assembly Resolution 2200A (d-21) on December 16, 1966. Article 1, paragraph 2, asserts:

“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 requirements of 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 committed by the Israeli side not only contravene international laws but also violate the laws of the "occupying state" itself. Referring to the details of this case, the Israeli Penal Code of 1977, along with its amendments, explicitly criminalizes trespassing on another's property to commit an offense punishable by law. Article 447 states:

"Anyone who does any of the following with the intent to intimidate, insult, or harass the owner of the property or to commit a crime shall be punished by imprisonment for two years:"

• (1) Enters or crosses the property;
  (2) After legally entering the property, remains there unlawfully.
   (b) A crime is committed under this section when the perpetrator carries a firearm or a cold weapon, and the punishment is four years of imprisonment.
• 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 penalty doubles if the perpetrator enters and commits a crime on another's property using a weapon, a sharp tool, or even engages in any other form of violation, such as treating the land as their own and working it as they please. This is explicitly criminalized under the aforementioned provision of the Israeli Penal Code.
• Therefore, the Israeli perpetrator, by cutting down the trees, has caused severe environmental pollution in the area, violating both international laws and treaties, as well as the internal laws of the "occupying state," in a clear and unjust manner. The Israeli judiciary should hold the settlers accountable and punish them for these actions in accordance with the provisions of their own laws. However, there is no legal accountability for the perpetrator by the Israeli judiciary. Nevertheless, this does not negate the right of any person on this land to live in a clean, healthy, and safe environment free from any violation or attack against it.

[1] Source: GIS Unit – LRC.

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