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PALESTINIAN SOCIETY - Fafo

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in the hands of the J ordanian District Commissioner (before 1967) and<br />

the Egyptian military governor of the Gaza Distriet, in fact there was<br />

a qualitative differenee in the manner in which the Israelis exercised<br />

these powers. The shift lies in the conscious and systematie method<br />

the Israelis undertook to subordinate the economy of the two regions<br />

to the needs of the Israeli state, and - more significantly - in the<br />

appropriation of public land (and substantial private praperties) to<br />

serve the needs of the Jewish Settlement Councils in the occupied<br />

territories.<br />

Raja Shehadeh in his Occupier ' s Law (2nd ed. 1988) outlines four<br />

legislative stages in the consolidation ofIsrael' s juridical contral over<br />

the West Bank and Gaza. These were based on a succession of over<br />

1,200 military orders regulating all aspects of daily life in the<br />

territories. In the first stage (1967-1971) the military government<br />

established its contral over transactions of immovable praperty, the<br />

use of water and othernatural resources, the power to expropriate land,<br />

and the authority to operate banks and over the regulation of municipal<br />

and village councils. In this period, also, the system of contral over the<br />

movement of individuals was established (identity cards, travel<br />

permits, driving licenses, and licenses for professional practices).15<br />

The second phase (1971-1979), was primarily aimed atthe transfer<br />

of Arab lands to the contral of Jewish settlement councils. This<br />

involved amending Jordanian land laws to facilitate zoning 'public'<br />

lands to the benefit of Israeli bodies, and for acquisition of local land<br />

by 'foreign' (i.e. Israeli) companies.16<br />

The third phase of Israeli legislation (1979-1981), involved the<br />

transfer of authority and power fram the Military Government to the<br />

newly established Civil Administration, and the extension of Israeli<br />

law to apply to Jewish settlers so that they will not be subject to the<br />

jurisdietion of West Bank (and Gaza) courtS.17<br />

The fourth ph ase of legislation (1981 to the present), marked the<br />

consolidation ofIsraeli-Jewish contra l overexprapriatedareas. Those,<br />

by 1991, constituted more than 60% of the total land area of the<br />

occupied territories. In this period, furthermore, Military Orders<br />

concentrated on the regulation of the fiscal policies governing the<br />

West Bank and Gaza, particularly those pertaining to the collection of<br />

taxes and revenue, and of the flow of funds to the territories.18<br />

The net effect ofthese military laws has been to create two systems<br />

of legal bodies (one applying to Israeli Jews, and the other to native<br />

Palestinians), with a gradual transformation of zoning Iaws, regional<br />

27

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