Restrictions
Land
Confiscation
on Use and Access
Introduction
57
“The village of Ein Al-Hilwa is only 50 meters from the colony of Maskiot.
The Israeli settler-colonialists did not receive an evacuation order. If the
training of the Israeli military is dangerous for the Palestinian residents,
aren't they for the Israeli colonists?”
Interview with Rasheed Sawafta, Al-Jiftlik, Jordan Valley (6 March 2013)
Numerous measures are in place in the West Bank, East Jerusalem and Gaza
Strip that seriously hinder the right of a landowner to use and access their lands
while limiting their access to other resources such as water, the Dead Sea, and
fisheries off the coast of Gaza. Such limitations usually come in the form of
Israeli military orders that designate various parcels of land as closed military
zones, nature reserves, national parks, Seam Zones, or for the building of
the Annexation Wall, for instance. In designating a closed military zone, for
example, the local Military Commander applies Military Order 1651 to insist
on the required allocation of certain lands for ‘training’ and ‘firing’ purposes
as an omnipotent ‘military necessity’. The owners are subsequently forbidden
from using or accessing that land, unless they have been granted a permit, even
though the ownership has not been transferred. These measures are distinct from
those employed in pursuit of land confiscation where ownership is transferred.
As such, the landowner may still retain de jure ownership, but with an extremely
restricted possibility of using the land. Other mechanisms such as check points
and roadblocks also severely restrict and hamper access and movement on roads,
and between towns and villages, etc. However, this chapter will predominantly
deal with restrictions on use and access of land.
This chapter will outline and discuss the various legal mechanisms facilitating
restriction on use and access of land including the Annexation Wall, Seam Zones,
Military Firing Zones, Nature Reserves and National Parks, Colonies, Access to the
Sea and the Buffer Zone.
West Bank, Area C
Israel developed and implements a matrix restricting Palestinian movement
and denying their use of and access to land. This matrix prevents Palestinians
from obtaining access to livelihoods and basic services, including health,
education and water supply. Israel’s ‘matrix of control’ exceeds the concept
of restrictions to freedom of movement – a fundamental right – and instead
regularly results in the complete denial of access to land, which in turn creates
unlivable conditions.
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