Conclusion Upon examination, the policy of land confiscation and denial of use has been one of the most injurious and effective Israeli mechanisms to forcibly displace or transfer Palestinians from their lands, starting from the 1948 Nakba to the present day. The largest confiscation of Palestinian land took place in 1948 with the Absentee Property Law, and after the beginning of the 1967 occupation, with the illegal annexation of East Jerusalem. Both actions and the subsequent Israeli legislation attempting to legitimize them are incompatible with international law. Israel intentionally and consistently violates the human rights provisions associated with permissible confiscation: legality, public interest, proportionality and compensation, as well as the requirement for these principles to be applied exceptionally and in a nondiscriminatory manner. Israel has not only created multiple and complex legal mechanisms to facilitate de jure and de facto confiscation, but implements these mechanisms through a discriminatory lens and with a political motive, to ensure that Palestinians are forced out and replaced by Jewish-Israeli colonizers. The cases above demonstrate multiple mechanisms of de facto confiscation where Israel manipulates or outright ignores the rights connected to ownership without actually being the legal owners, preventing Palestinians from exercising their ownership rights. This results in the denial of access to their homes, lands, livelihood or source of income and essential services. This denial can result in the direct forced displacement of the residents when their homes are located on confiscated land, or indirect due to coercion and pressure to leave the area.206 206 Jurisprudence from the International Criminal Court (ICC) and other international criminal tribunals is consistent in holding that the understanding of the forcible nature of displacement is not limited to simple indications of physical removal. Forcible transfer also includes acts or omissions which amount to threats of force or coercion, the creation of fear of detention or violence, or taking advantage of a coercive environment. The essential component is that the displacement must be involuntary, with the person(s) in question being deprived of genuine choice in the decision to leave their homes and communities. (For more information about Israel’s forcible transfer of Palestinians in the oPt, see BADIL, Coercive Environments: Israel’s Forcible Transfer of Palestinians in the Occupied Territory, February 2017). 73

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