Introduction
Land confiscation and denial of use and access have been one of the main tools
used historically by Israel to seize Palestinian land, and constitutes one of the
root causes of the ongoing forced population transfer of Palestinians today.
While certain instances of confiscation, home demolitions or blocked access
are covered by the media, these reports rarely contextualize these actions
as part of a broader Israeli policy of forced displacement of Palestinians. This
paper mainly aims to demonstrate Israeli perpetrated land confiscation as a
systematic policy resulting in the direct and indirect forcible displacement and
transfer of Palestinians. The paper addresses the illegality of this policy and
its impact by using international law to assess the main Israeli mechanisms of
land confiscation and denial of use and access. A number of case studies are
also provided to demonstrate the accompanying violations of human rights
associated with the implementation of this policy.
The Israeli policy of land confiscation encompasses an array of mechanisms
designed to transfer Palestinian ownership or rights of ownership, particularly
access of land, to Israeli bodies and authorities, Zionist organizations such as
the Jewish National Fund, and Jewish-Israeli individuals. These mechanisms
can be divided into two types: de jure and de facto confiscation. While de facto
land confiscation does not immediately change the ownership status but rather
reflects the situation on the ground, de jure confiscation constitutes the official
transfer of ownership. In situations of de facto confiscation, Israel is in control
of the land and applies numerous measures that seriously hinder or deny the
landowner’s use and access of the land or property. Such limitations can come
in the form of laws or Israeli military orders that designate parcels of land as
closed military zones, nature reserves, national parks, seam zones,1 and/or the
1
Seam zones are sections of Palestinian land within the oPt which have been isolated as a result of
the construction of the illegal Israeli Annexation and Separation Wall, with their location falling inbetween the Wall and the 1949 Armistice Line (Green Line), and are thus cut off from the rest of the
West Bank. For more information, see BADIL Resource Center, Seam Zones, available at: http://www.
badil.org/phocadownloadpap/Badil_docs/bulletins-and-briefs/Bulletin-25.pdf
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