Introduction
21
threatens the most fundamental aspects of their wellbeing. These people deserve and
have the right to be defended – even if this entails the utilization of the unethical
legal system of the occupier. For victims of home demolition, uprooted farmland and
shattered lives, international law violations mean little.
Nevertheless, it would be self-deceptive to expect that the procedures in this
Handbook could provide remedies to the Israeli land grab in Palestine. In most
cases, the Handbook could assist affected people in ‘buying time’ to delay the bitter
fate of their displacement and/or dispossession. We do not believe that the Israeli
legal system, including the judiciary, can be just with regards to issues of land and
property – this, in spite of a few and limited ‘success stories’ mentioned within the
text. Stories of ‘successful’ legal cases are displayed as learning examples for people
in similar situations. These, nonetheless, are an exception to the unjust norm of the
Israeli legal and judicial systems.
Lastly, and with regards to the layout of the Handbook, we chose to arrange the chapters
thematically rather than geographically. There are arguments for and against either design.
Structuring the chapters according to geographical area (West Bank, East Jerusalem and
Gaza Strip) correlates to the distinct Israeli regulations for each area. However, in many
cases laws and regulations overlap across divides – especially when people live in one
area while their lands are in another. Our primary objective, from a thematically organized
point of view, was to produce a user-friendly and accessible resource.
Language Barrier
In January 2013, the Jerusalem Administrative Court denied a petition filed
by The Jerusalem Legal Aid and Human Rights Center demanding that the
Israeli planning authorities translate planning documents for the Mount
Scopus Slopes National Park into Arabic so that Palestinians could have the
opportunity to understand and then object to the plans. And, in another case in
February 2013, the Supreme Court denied a petition to delay the advancement
of the plan until after it hears the appeal on the Administrative Court’s ruling
on the translation case.86
United Nations Office for the Coordination of Humanitarian Affairs has said:
“Both court decisions may have an impact on the status of Arabic in official
state documents. The lack of translation of plans from Hebrew to Arabic
hinders the ability of Palestinian communities to effectively object to plans
that will be implemented in their vicinity.”87
86
87
The Jerusalem Legal Aid and Human Rights Center V. District Planning Committee (Jerusalem
District Court 2012).
OCHA-chaired Protection Cluster, ‘Legal Taskforce Weekly Media Report’, March 29, 2013.
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