The practical consequences of situations of de jure confiscation are similar
to those of de facto confiscation for affected Palestinians. Regardless of
whether or not a change of ownership does occur, the consequences in
both instances are equivalent to a denial of proprietary rights that normally
accompany ownership. The Israeli policies of de jure and de facto confiscation
consequently breach the rights of both Palestinians inside Israel and the
protected inhabitants of the oPt to enjoy the effective ownership of their
land and property, which may ultimately result in their forcible displacement
or transfer.
The illustrated cases and legal analyses highlight the clear incompatibility of
Israeli laws and practices with international law and Israel’s obligations as the
occupying power. Israel has implemented the land confiscation and denial of
use policy through multiple layers and phases: law, force, and the legalization of
acts perpetrated by non-state actors (colonizers and colonizer organizations).
These three steps show that Israel’s policy is systematic and ongoing, and
that Israel responds to its desire to control the maximum amount of land with
minimum Palestinians by adjusting legislation and practices where and when
it sees fit. Israel has often manipulated legal precedents and laws in order to
legitimize its land grab.
Israel’s disregard for both IHL and IHRL is demonstrated clearly in the
documented cases in Jaffa, al-Araqib, Deir Istiya, and Silwan presented in
this paper. The consequences are not only violations of human rights but
also the commission of war crimes, and potentially crimes against humanity.
In serious violation of IHRL, Israel uses discriminatory declarations of land
for public purposes. Israel collaborates and supports the JNF, a non-state
actor, in order to confiscate land belonging to the Bedouin village of alAraqib in the Naqab and forcibly displace its inhabitants. Similarly, it violates
international human rights law in Jaffa, where a land privatization scheme
and absentee property laws have been used in order to forcibly displace
Palestinians and confiscate their land. The construction of colonies and their
associated infrastructures in Deir Istiya in the occupied West Bank result in
the forcible transfer of Palestinians in violation of both IHL and IHRL. Finally,
the overlapping mechanisms of the illegal annexation of East Jerusalem,
declarations of national parks on occupied land, fraudulent purchases
of land by non-state actors, and absentee property laws create a coercive
environment against Palestinians in Silwan and confiscate their lands in
violation of both IHL and IHRL. These cases show how land confiscation and
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