Palestinians were declared ‘absentee property’ and were transferred to a
Custodian.6 An almost identical process took place in the oPt in the aftermath
of the 1967 War, when Israel occupied the remaining 22 percent of the land
of Mandate Palestine. Israel also claimed as ‘state land’ all the land that
Jordan had designated as such during its administration of the West Bank.
Following the 1967 occupation, Israel proceeded to acquire Palestinian lands
in the oPt by applying several approaches simultaneously: expropriations
for specific purposes, like military or public use; claiming additional land as
‘state land’; and private purchases.7 Also in 1967, Israel annexed 70.5 km2
of East Jerusalem,8 using one third of this newly acquired land for colonies,
in contravention of international law. Today, 87 percent of East Jerusalem is
slated for colonial use.9 As with other discriminatory policies and practices,
the purpose is to forcibly transfer Palestinians through the denial of use of
land and property.
In 1995, the Oslo II Accords divided the West Bank into Area A, comprising
17 percent of the West Bank, Area B, 23 percent of the West Bank, and Area
C, the remaining 60 percent of the West Bank (see link to map).10 The Oslo
Accords provided that the Palestinian Authority (PA) exercise full control over
civil and security matters in Area A.11 In Area B, the PA is responsible for civil
matters and public order, but security and military functions remain under
Israeli control. Area C is under full Israeli military and administrative control.
This area contains all Israeli colonies12 and related infrastructure, as well
as Israeli nature reserves and national parks, military firing zones and the
6
Absentee Property Law, 5710-1950.
7
BADIL and Centre on Housing Rights and Evictions, Ruling Palestine: A History of the Legally Sanctioned
Jewish-Israeli Seizure of Land in Palestine, 78, available at: http://www.badil.org/phocadownloadpap/
Badil_docs/publications/Ruling%20Palestine.pdf
8
In 1968, the UN Security Council declared the annexation decree illegal and in flagrant violation of
international law. See UN Security Council Resolution 252 (1968) of 21 May 1968.
9
OCHA oPt, “Continued settlement activity in East Jerusalem,” 30 September 2014, available at:
https://www.ochaopt.org/content/continued-settlement-activity-east-jerusalem [accessed 19
September 2017].
10 Israel Ministry of Foreign Affairs, “Israel-Palestinian Interim Agreement Maps”, 28 September
1995, available at: http://www.mfa.gov.il/MFA_Graphics/MFA%20Gallery/1995/9/MFAJ01v30.jpg
[accessed 19 September 2017].
11 However, the Israeli forces conduct almost daily incursions into Area A in breach of the Accords, and
Israeli Prime Minister Netanyahu claimed that the “freedom of action [of the Israeli forces] in Area A
is sacred.” See: Barak Ravid, “Bennett Threatens: Limiting Israel’s Military Activity in West Bank Cities
Will Undermine Coalition’s Stability,” Haaretz, 7 April 2016, available at: https://www.haaretz.com/
israel-news/.premium-1.713312
12 The term ‘colonies’ in this paper refers to both official settlements and outposts. An outpost is
the commonly used term to describe an Israeli-Jewish colony within the West Bank that has been
established without authorization of Israel.
11
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