Violation: Cattle livestock in olive groves.

Location: Maghayyer Al Abeed, Masafer Yatta/ Hebron.

Date: March, 18^th 2025.

Perpetrators: Settlers.

Affected party: Citizen Fayez Makhamreh.

Details:

Settlers attacked on farmers’ lands in Al Maghayyer Al Abeed in Masafer Yatta, south Hebron, as they release their livestock in olive fields, causing completely damage.

On Thursday, March 18^th 2025, settlers cattle and release their livestock in Fayez’s agricultural land in Maghayyer Al Abeed village planted with olive over past 7 years.

 The picture above shows the sheep belonging settlers in Fayez Makhamreh land

Osama Fayez Makhamreh told as follows:

‘’ My father owns a plot with total area of 10 dunams planted with olive saplings over past 7 years, there was an agricultural room surrounded with a siege. A month ago, the occupation demolished a room and vandalize a part of siege, which facilitate accessing to room for demolish it, the settler who live in a colonial outpost near to this location exploited this part and release his sheep in olive field, causing damage to olive trees, so all the crops damaged for this year, which was considered a source of income for my family consisting of 25 members, 10 of them are children.’’

It's worth mentioning that pastoral settlement which present with groups of settlers that live in colonial outpost, as they own livestock cattle them in farmers’ lands, which these attacks increased in Masafer Yata, as any village of Masafer Yata, which settlers release their livestock in lands, so they damaging the crops.  

Overgrazing in Palestinian agricultural lands is one of the Israeli occupation's environmental violations:

The practice of overgrazing in cultivated lands can lead to soil erosion and degradation. It also reduces biodiversity, resulting in decreased productivity and biological diversity, which is one of the causes of desertification.

The constant trampling of plants by animals in green areas accelerates the death of plants and vegetation cover. As animals trample on the new growth buds of plants during grazing, it leads to soil erosion, which causes deterioration of agricultural lands. In areas like Bardala village, the damage is significant, leading to the ongoing process of desertification in agricultural regions, thus causing harm to the environment.

Without a doubt, overgrazing by the settlers of the Israeli occupation is primarily aimed at making the soil barren and uninhabitable, in order to discourage Palestinian landowners from benefiting from their lands, which will eventually push them to abandon the land and migrate. Therefore, they release their sheep and cattle into Palestinian lands cultivated with grains, vegetables, or designated for grazing sheep, and prevent the rightful owners from accessing them. They repeatedly overgraze the land until the soil becomes devoid of any seeds or vegetation, which threatens the extinction of plant biodiversity, and consequently, animal biodiversity. This leads to a threat to insect diversity and the overall life in the land.

The settlers, as shepherds, only release their livestock onto the land but do not plow, plant, or take care of it agriculturally; they leave it fallow. This exacerbates the destruction of its biodiversity because the land is not theirs—they are trespassers and thieves, not true owners. In contrast, Palestinians have a deep, historical connection to the land, and they continue to nurture and cultivate it. True landowners ensure partial grazing during specific seasons that protect species and do not threaten wildlife. They care for the delicate ecosystems, rare plants, and medicinal herbs, maintaining a deep bond with the land that has become part of Palestinian culture. True landowners work to develop the land, not degrade it. This is why agricultural lands in Palestine have evolved and persisted for thousands of years, but the occupation has turned many areas into barren wastelands, with the political and colonial objective of making these pastures ripe for occupation and settlement.

[1] Source: Special Bulletin Issued by the LRC– Pastoral Outposts; Foundation for Large Scale Land Grabs (2020 –2024)."

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.

Settler’s sheep in the lands of Masafer Yatta 

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