with physical violence against Palestinian communities and sometimes against
solidarity activists trying to prevent the forcible eviction of Palestinian residents.41
Part of the Israeli strategy to confiscate more and more West Bank land also
lies in violence that is not directly attributable to the state but at the hands of its
citizens, the settler population implanted in the West Bank.42 By fully supporting
and assisting these brutal acts, settler violence has become a form of government
policy, where its agents sometimes participate. Acts of violence go from beating,
throwing stones, issuing threats, torching fields, destroying trees and crops,
stealing crops, damaging homes and cars, blocking roads, using live fire, and, to,
in some cases, killing. Instead of protecting the victims, the occupation forces
prefer to remove Palestinians from their own farmland rather than confront
settlers, using various tactics such as declaring the area a closed military zone
(which applies to Palestinians only) or firing tear gas, stun grenades, rubbercoated metal bullets and even live rounds. Israel’s refusal to investigate and
condemn these violent demonstrates its support. According to Yesh Din, which
monitored settler violence for 15 years, 91% of the files were closed without an
indictment.43
B. Israeli Legislation: Military Orders Cementing
Confiscation
Forced to flee because of the Six Day War, Palestinian owners saw their lands
transferred to a Custodian, right when the occupation began, through the
Absentee Property Military Order (1) directly mirroring the 1948 Absentee
Property Law. Afterwards, using State and designation and the interdiction of
land registration, Israel continued its process of confiscation of Palestinian lands
in the West Bank (2).
41 Amnesty International Report, Israel’s Apartheid against Palestinians, 235.
42 BADIL, Coercive environments: Israel’s Forcible Transfer of Palestinians in the Occupied
Territory, 2017, viii, Available at: https://badil.org/phocadownloadpap/badil-new/
publications/research/working-papers/FT-Coercive-Environments.pdf
43 Yesh-Din, Data Sheet, December 2019: Law enforcement on Israeli civilians in the West Bank,
2019, Accessed 15 February 2022, Available at: https://www.yesh-din.org/en/datasheet-december-2019-law-enforcement-on-israeli-civilians-in-the-west-bank/
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