Israeli authorities,103 and al-Araqib was considered an illegal village under
Israeli law.104 This discriminatory decision was the first step within a series
of policies used by Israel to forcibly displace the inhabitants of al-Araqib
from their homes and lands.105
Public Purposes
Israel has confiscated large amounts of Palestinian land inside Israel under the pretext that
it was being confiscated for ‘public purposes.’ Article 2 of the 1943 Land Ordinance defined
public purpose as “any purpose certified by the Minister of Finance to be a public purpose.”106
That same law permits land confiscation to expand an existing road, to build a new road, a
public park or a stadium.107 As presented in the table of laws, on February 2010 the Knesset
passed an amendment to the 1943 Land Ordinance in order to ensure that Palestinian lands
confiscated for public purposes would not be returned to their Palestinian owners.108 This
amendment confirmed the Israeli ownership of Palestinian lands confiscated for public
purposes, even in cases when the land was never used for such purpose. This was achieved
by expanding the authority of the Israeli Minister of Finance to allow for the alteration of the
purpose of confiscation if the initial purpose is not realized. The amendment also states that
land confiscated for public purposes does not have to be used for its declared purposes for
17 years. Additionally, it states that the owner of the property does not have the right to have
this property returned if more than 25 years have passed since the confiscation occurred.109
Moreover, the new law expands the definition of public purposes to include “the establishment
of new towns and the expansion or development of existing towns.”110
103 Oren Yiftachel, Ahmad Amara, and Sandy Kedar, “Israel Says Bedouin ‘Trespass’ on State Land”,
Haaretz, 1 January 2014, available at: http://www.haaretz.com/opinion/.premium-1.566357
[accessed 21 September 2017].
104 Human Rights Watch, “Israel: Bedouin Facing Mass Evictions From Their Land,” 30 August 2013,
available at: https://www.hrw.org/news/2013/08/30/israel-bedouin-facing-mass-evictions-theirland [accessed 21 September 2017].
105 Nadia Ben-Youssef, Suhad Bishara, and Rina Rosenberg, “From Al-Araqib to Susiya: The forced
displacement of Palestinians on Both Sides of the Green Line,” Adalah, May 2013.
106 Yifat Holzman-Gazit, Land Expropriation in Israel: Law, Culture and Society, (Abingdon: Routledge,
2016), 13.
107 POICA, “’For Public Purposes’ The Israeli Finance Minister requests the acquisition of 102 dunums
of land in Bethlehem Governorate,” 18 December 2015,available at: http://poica.org/2015/12/forpublic-purposes-the-israeli-finance-minister-requests-the-acquisition-of-102-dunums-of-land-inbethlehem-governorate/ [accessed 21 September 2017].
108 Adalah, “Land (Acquisition for Public Purposes) Ordinance - Amendment No. 10,” 2010, available at:
https://www.adalah.org/en/law/view/502 [accessed 21 September 2017].
109 Ibid.
110 Adalah, “Knesset Enacts New Amendment to the Land Ordinance of 1943 to Block Palestinian Claims
for Land Previously Confiscated by the State,” 25 February 2010, available at: https://www.adalah.
org/en/content/view/7677 [accessed 21 September 2017].
42
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents