Annexation and Separation Wall.13 By utilizing a wide range of military orders
and other practices, Israel confiscates and denies Palestinians use and access
to their lands and properties throughout the West Bank.
Main Mechanisms of Land Confiscation and Denial
of Use
Looking at the evolution of land confiscation and denial of use in Mandate
Palestine, BADIL has identified three main mechanisms used by Israel.
1. Use of force
This mechanism of confiscation through the use of force began in the late
1940s. The Nakba is a prime example of the use of force in the denial of
use and access to lands (de facto confiscation). Zionist militias, which later
became the Israeli army, forcibly displaced over 750,000 Palestinians in order
to gain control of their lands.14 Israel immediately expropriated an estimated
17,178,000 dunums (17,178 km2) of land in 1948 from Palestinian refugees
and afterwards continued to expropriate an additional 700,000 dunums (700
km2) from internally displaced Palestinians.15 The rights of Palestinians did
not stand in the way, as first Prime Minister of Israel David Ben Gurion argued
in 1948: “the war will give us the land. The concepts of ‘ours’ and ‘not ours’
are peace concepts, only, and in war they lose their meaning.”16 Historically,
the use of force has been a significant step in denying Palestinians use of
their lands and has been complemented by the other two mechanisms of
confiscation. For example, after having been taken by force, these properties
were also later confiscated through Israeli legislation such as the 1950
Absentee Property Law. Later on, Israel began the process of privatizing the
properties.
2. Israeli Legislation
Once the land was taken by force, Israel began working on bridging the
gap between effective control and legal title to these lands, title which
13 B’Tselem, “Taking control of land and designating areas off-limits to Palestinian use,” 30 Oct 2013,
available at: http://www.btselem.org/area_c/taking_over_land [accessed 19 September 2017].
14 Isaac, Parallel Discourses, supra note 4.
15 BADIL, Survey of Palestinian Refugees and Internally Displaced Persons, 2002, 3, available at: http://
www.badil.org/phocadownloadpap/Badil_docs/publications/Survey-2002.pdf
16 Nur Masalha, Expulsion of the Palestinians: The Concept of “Transfer” in Zionist Political Thought,
1882-1948 (Washington: Institute for Palestine Studies 1992):180.
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents