Land Research Center

• Violation: Cutting and destruction of 27 olive trees
• Location: Kafr ald-Dik town, west of Salfit city
• Date of violation: 29/01/2025
• Perpetrating party: "Bruchin" settlement
• Affected party: Farmer Abdullah Yousef Suleiman Ali Ahmad

Description:

 On Wednesday evening (29/1/2025), an extremist group of settlers from the "Bruchin" settlement raided the area north of Kafr ald-Dik town, directly adjacent to the bypass road near the "Bruchin" settlement from the western side. The settlers cut down and destroyed (27) olive trees that were 10 years old, owned by farmer Abdullah Yousef Suleiman "Ali Ahmad" from Kafr ald-Dik town.

It should be noted that the settlers deliberately used electric saws in carrying out this attack, cutting the trees at their stems, which led to their complete destruction. The trees were planted on an area of 2 dunums.

Al-hajj Abdullah "Ali Ahmad" reported the following to the LRC's researcher:

"I inherited an agricultural plot of land from my ancestors in the Susiya area. Five years ago, I rehabilitated it again and planted it with olive trees, despite the harassment we face from the 'Bruchin' settlement. The settlers have repeatedly dared to close the agricultural road leading to my lands, not to mention demolishing and destroying the agricultural rooms in the surrounding areas.

The occupation also tries from time to time to encroach on the neighboring lands with the aim of expanding that settlement at the expense of our lands. A few days before this attack, I noticed the presence of settlers in an area close to my land, and I felt that something was going to happen. Prior to that, about two months ago, there was notable settler activity in the lands surrounding that settlement, as they try to spread fear in the area and even attack citizens and farmers there."

He added:

This morning, while heading to my land - as usual - I was shocked to find (27) olive trees cut down from my land and severely damaged.

Over recent years, the researcher has documented several attacks in the same location and neighboring areas, including the demolition of agricultural rooms, uprooting dozens of olive saplings, as well as acts of intimidation and harassment of farmers. All of this serves a single goal, emptying the area to serve expansionist colonial activities.

About Kafr ald-Dik town[1]:

Kafr ald-Dik town is located 15 km west of Salfit city. It is bordered by Bidya to the north, by the villages of Rafat and Deir Ballout to the west, by the villages of Bruqin and Sarta to the east, and by Bani Zeid villages to the south. Its population reached 5,551 people as of 2017, and its total area is 15,529 dunums, of which 791 dunums constitute the village's built-up area.

The occupation has confiscated 2,477 dunums of its lands, as detailed below:

1. The settlements have seized 1,225 dunums of the village's lands, which are:

1. Bypass roads have seized 362 dunums.
2. The segregation wall has seized 890 dunums under its path, and will isolate approximately 8,842 dunums behind it. Its length along the village lands is 8,905 meters.

The lands of Kafr ald-Dik town are classified according to the Oslo Agreement into Area B, which constitutes 15% of the village area, while Area C, which is under complete Israeli occupation control, constitutes 85%.

- Areas classified as "B": 2,252 dunums.

- Areas classified as "C": 13,277 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 - FCDO