governmental bodies: Israel owns 67 percent, the Development Authority22
owns 13 percent, and the Jewish National Fund (JNF),23 13 percent.24
After the 1967 occupation, Israel laid claim to the Jordanian-designated state
lands in the West Bank. A 1967-adopted military order25 also allowed for a
Custodian appointed by the Israeli Military Commander to deem any lands
as state lands, even if they were retroactively shown not to be state lands,
provided that the Custodian held ‘good faith’– sincere or honest belief - that
they were state lands.26
3. The legalization of acts perpetrated by non-state actors
The third mechanism is legalizing acts of denial of use and access or de facto
confiscation carried out by colonizers and colonizers’ organizations. For
example, several official Israeli colonies were initially established by colonizers
and private organizations, and were retroactively sanctioned by Israel. This
support is sometimes direct, by providing protection or infrastructure to
these outposts, or tacit, by not dismantling the colonies or removing these
colonizers from the oPt.
While not identical to the process of privatization, Israel’s sanctioning of the
illegal de facto confiscation perpetrated by non-state actors has become
far more significant in recent years. On 6 February 2017, for example, the
Israeli Knesset passed the ‘Regularization Law’, legalizing around 4,000
housing units in 55 colonial outposts built on private Palestinian land in the
West Bank.27 The Israeli Government Minister claimed the bill is: “[t]he first
22 The Development Authority is a body that was set up by the Israeli government in 1952 for the
purpose of administering the lands of Palestinian refugees and making them available to the state for
its development plans.
23 The Jewish National Fund (JNF) has been Israel’s partner in transforming the land of displaced
Palestinians into lands “legally owned” by the state and Zionist para-statal organizations. Ever since
its incorporation as a company in Britain in 1907, the JNF has worked to acquire land in Mandate
Palestine for Jewish settlement only in accordance with its founding principles. See Alaa Mahajneh,
“Situating the JNF in Israel’s Land Laws.” Al-Majdal 43, 2010, available at: http://www.badil.org/en/
component/k2/item/1404-mahajneh-jnf-and-israeli-law.html
24 Ibid.
25 Order No. 59 Concerning Government Property (Judea and Samaria), 1967.
26 Id., art. 5.
27 BADIL, “Israel’s ‘Regularization Law’ is an act of legalization of its colonization policies,” 10
February 2017, available at: http://www.badil.org/en/publication/press-releases/86-2017/4731pr-en-100217-11.html; Palestinian Human Rights Organizations Council (PHROC), “PHROC Calls for
Immediate Action by International Community on Israel’s ‘Regularization’ Law,” 9 February 2017,
available at: http://www.alhaq.org/advocacy/targets/palestinian-human-rights-organizations/1103phroc-calls-for-immediate-action-by-international-community-on-israels-regularization-law
[accessed 19 September 2017].
14
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