clear violation of IHL which prohibits the seizure of private property in occupied
territory, unless required by imperative military necessity.85 Such confiscation by
Israel of the land in Deir Istiya does not meet the criteria of imperative military
necessity since it is used for the occupying power’s civilians’ benefits, who are
illegally settled in occupied territory.
In the West Bank, the use of force, either directly by the state or indirectly by
Israeli settlers (A), supplemented by discriminatory legislation in the form of
military orders (B), has enabled Israel to acquire land and control Palestinian
residents’ movements, by restricting their access and use of the lands (C). Israel
has intentionally interrupted the territorial contiguity of Palestinian villages and
towns, creating enclaves in areas A and B, surrounded by area C under full Israeli
control, shaping the territory in Palestinian islands or Bantustans.
85 Convention (IV) respecting the Laws and Customs of War on Land and its annex:
Regulations concerning the Laws and Customs of War on Land. The Hague, 18
October 1907, Article 23 (g)
21
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