Ruling Palestine

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RULING PALESTINE A HISTORY OF THE LEGALLY SANCTIONED JEWISH-ISRAELI SEIZURE OF LAND AND HOUSING IN PALESTINE Centre on Housing Rights and Evictions (COHRE) BADIL Resource Center for Palestinian Residency & Refugee Rights May 2005
© Copyright 2005 The Centre on Housing Rights and Evictions (COHRE) BADIL Resource Center for Palestinian Residency & Refugee Rights Ruling Palestine: A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine ISBN: 92-95004-29-9 All rights reserved The Centre on Housing Rights and Evictions is registered in The Netherlands, the US, Brazil and Australia as a not-for-profit organisation. BADIL Resource Center for Palestinian Residency & Refugee Rights is a community-based organisation registered with the Palestinian Authority. COHRE 83 Rue de Montbrillant CH-1202 Geneva Switzerland Tel. +41.22.734.1028 Fax. +41.22.733.8336 Email cohre@cohre.org Web www.cohre.org Copies are available from: COHRE International Secretariat (address as above) BADIL Resource Center for Palestinian Residency & Refugee Rights PO Box 728 Bethlehem, West Bank Palestine Tel. +972.2.277.7086 Fax. +972.2.274.7346 Email info@badil.org Web www.badil.org Written and prepared by: Souad R. Dajani (COHRE) Reviewed by: Mayra Gomez (COHRE), Terry Rempel (BADIL), Jeff Handmaker (Netherlands Institute of Human Rights, Utrecht University, The Netherlands) Edited by: Rob Stuart (COHRE) Design: Ontwerpburo Suggestie & illusie, Utrecht, The Netherlands, www.illusie.nl Cover photo: Sijmen Hendriks, Utrecht, The Netherlands
Page 1: A HISTORY OF THE LEGALLY SANCTIONED
Page 5 and 6: 5 The occupied West Bank and Gaza S
Page 7 and 8: Executive summary The purpose of th
Page 9 and 10: SECTION 1 Introduction
Page 11 and 12: • In examining land and colonisat
Page 13 and 14: SECTION 2 Jewish-Zionist colonisati
Page 15 and 16: The Basle Programme 30 August 1897
Page 17 and 18: In 1929, and pursuant to the terms
Page 19 and 20: Jewish-Zionist strategy for land ac
Page 21 and 22: By 1923, about 55 Jewish settlement
Page 23 and 24: Tactics adopted by the Zionist move
Page 25 and 26: For example, Zionist leaders reacte
Page 27 and 28: 3.4 The Biltmore Programme and US s
Page 29 and 30: The Jewish Agency officially endors
Page 31 and 32: The State of Israel was officially
Page 33 and 34: The JNF contributed to the work and
Page 35 and 36: Relying on ICRC and other materials
Page 37 and 38: Resolves that the refugees wishing
Page 39 and 40: 4.3.2 Land and property laws in Isr
Page 41 and 42: Area of Jurisdiction and Powers Ord
Page 43 and 44: The Absentees’ Property Law under
Page 45 and 46: State Property Law, 5711-1951 This
Page 47 and 48: are known as ‘unrecognised villag
Page 49 and 50: This law was amended several times
Page 51 and 52: Similarly, persons who are approved
Page 53 and 54:
The 1970 Legal and Administrative M
Page 55 and 56:
The land specified in the First Sch
Page 57 and 58:
4.4 The legal framework and Judaisa
Page 59 and 60:
Israeli ‘State land’ is similar
Page 61 and 62:
In respect of the latter, the Israe
Page 63 and 64:
4.5.1.2 The Negev In the early 1950
Page 65 and 66:
4.6 Summary Since its creation in 1
Page 67 and 68:
5.1 Introduction The causes of the
Page 69 and 70:
5.1.3 Use of legal rulings to circu
Page 71 and 72:
5.2 Israel’s colonisation of the
Page 73 and 74:
Jewish settlements on prime agricul
Page 75 and 76:
The publication of the Dayan Plan w
Page 77 and 78:
Until then, the acquisition of priv
Page 79 and 80:
Table 6, below, summarises data on
Page 81 and 82:
Interpretation “Region” means t
Page 83 and 84:
MO 378 also authorises the Military
Page 85 and 86:
The requisition of privately owned
Page 87 and 88:
5.4.2.3 Military Orders and regulat
Page 89 and 90:
Another separate set of Military Or
Page 91 and 92:
Under Jordanian rule, cultivators h
Page 93 and 94:
In addition to this inequitable off
Page 95 and 96:
Military Order 166, Order Concernin
Page 97 and 98:
Certain Military Orders were issued
Page 99 and 100:
within their own municipalities. Pa
Page 101 and 102:
Military Order 448, Order Concernin
Page 103 and 104:
ecoming invalidated. By so extendin
Page 105 and 106:
MO 92 Order Concerning Jurisdiction
Page 107 and 108:
2. The second stage, 1971-1979, was
Page 109 and 110:
20 January 1986, stipulates that th
Page 111 and 112:
Jewish settlements in the Occupied
Page 113 and 114:
5.5.2 Jewish settlers and settlemen
Page 115 and 116:
Table 8: Land controlled by Jewish
Page 117 and 118:
As in the West Bank, accurate infor
Page 119 and 120:
This regulation further provides th
Page 121 and 122:
Israeli settlements are exempt from
Page 123 and 124:
Art. 2(2): States Parties shall, wh
Page 125 and 126:
According to United Nations General
Page 127 and 128:
This disparity in housing provision
Page 129 and 130:
Responsibility for overseeing home
Page 131 and 132:
• A contract of purchase/lease of
Page 133 and 134:
many of the expropriations for ‘u
Page 135 and 136:
Notes: Adapted from Table No. 6,
Page 137 and 138:
Current plans envisage Ma’ale Adu
Page 139 and 140:
The Oslo Accords were the latest in
Page 141 and 142:
7.2 Establishing ‘facts on the gr
Page 143 and 144:
Building road networks Israel embar
Page 145 and 146:
We conclude this study by summarisi
Page 147 and 148:
Furthermore, the town of Qalqilya l
Page 149 and 150:
e completely demilitarised. It will
Page 151 and 152:
8.6 Final conclusions This study do
Page 153 and 154:
Appendix 1 1-a The Balfour declarat
Page 155 and 156:
Appendix 2 Laws of the State of Isr
Page 157 and 158:
• Roads and Railways (Defence and
Page 159 and 160:
• Negev Land Acquisition (Peace T
Page 161 and 162:
Nevertheless, the Occupying Power m
Page 163 and 164:
Art. 13: 1. Everyone has the right
Page 165 and 166:
or acts of, such discrimination and
Page 167 and 168:
Art. V. Persons charged with the ac
Page 169 and 170:
12. The Committee rejects the State
Page 171 and 172:
the continued Israeli policies of b
Page 173 and 174:
01/03/1980 S/RES/465: Israeli settl
Page 175 and 176:
“Directs the Chief of Staff to co
Page 177 and 178:
event of non-compliance by Israel w
Page 179 and 180:
It calls upon “all States not to
Page 181 and 182:
2. SC Resolution 259 (1968) of 27 S
Page 183 and 184:
9. SC Resolution 471 (1980) of 5 Ju
Page 185 and 186:
14. SC Resolution 605 (1987) of 22
Page 187 and 188:
21. SC Resolution 681 (1990) of 20
Page 189 and 190:
4. Requests the co-sponsors of the
Page 191 and 192:
2. Affirms further the necessity (a
Page 193 and 194:
06/05/2004 A/RES/58/292 Status of t
Page 195 and 196:
08/12/2000 A/RES/55/131 Israeli pra
Page 197 and 198:
16/12/1996 A/RES/51/190 Sovereignty
Page 199 and 200:
13/12/1990 A/RES/45/83(A-C) Mideast
Page 201 and 202:
13/12/1983 A/RES/38/58(A-E) Palesti
Page 203 and 204:
28/10/1977 A/RES/32/5 Israeli measu
Page 205 and 206:
27/11/1953 A/RES/720(VIII) (A+B) Pa
Page 207 and 208:
10. Instructs the Conciliation Comm
Page 209 and 210:
4. A/RES/56/52 of 10 Dec. 2001 (Ass
Page 211 and 212:
5. Calls upon all the parties conce
Page 213 and 214:
2. Deplores the transfer by some St
Page 215 and 216:
Selected UN General Assembly resolu
Page 217 and 218:
3. A/RES/ES-10/8 of 20 Dec. 2001 (i
Page 219 and 220:
Regretting that the obligations und
Page 221 and 222:
1. Acknowledges the proclamation of
Page 223 and 224:
3-e International Court of Justice,
Page 225 and 226:
incumbent upon it (see paragraphs 1
Page 227 and 228:
157. With regard to international h
Page 229 and 230:
Glossary of terms Dunum (or dunam):
Page 231 and 232:
Central to Zionist thought is the c
Page 233 and 234:
Bibliography and recommended readin
Page 235 and 236:
BEN, Aluf, and ALON, Gideon, ‘PM
Page 237 and 238:
FARSAKH, Leila, ‘Palestinian Labo
Page 239 and 240:
KAMEN, Charles S., ‘After the Cat
Page 241 and 242:
______, The Palestine Question in M
Page 243 and 244:
UNITED NATIONS RELIEF AND WORKS AGE
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