Restrictions
Land
Confiscation
on Use and Access
Introduction
59
In more general terms, the research of the Internal Displacement and Monitoring
Centre has witnessed an 87 percent decrease in the number of permits issued overall
between 2007 and 2012.206
In the Alfei Menashe Ruling, the Israeli Supreme Court held that:
Seizure of land to build a barrier was not expropriation in that it did not
transfer ownership of the land but merely usage rights.207
And in the Beit Sourik case,208 the Supreme Court noted that private Palestinian land
may be used for the construction of the Wall according to the following protocol:
1. Order to be issued by the Commander of the Israeli Military of Judea
and Samaria;
2. Every land owner will receive compensation for the use of his land;
3. The order is then brought to the attention of the public and the proper
liaison body of the Palestinian Authority is contacted;
4. An announcement is relayed to the residents, and each interested party
is invited to participate in a survey of the area affected by the order, so
as to present the planned location of the wall;
5. A few days after the order is issued, a survey is taken of the area, with
the participation of the landowners, in order to point out the land, which
is about to be seized;
6. After the survey, a one week leave is granted to the landowners, so that
they may submit an appeal to the Military Commander;
7. The substance of the appeals is examined;
8. If the appeal is denied, an additional one week leave is given to the
landowner, so that he may petition the Israeli Supreme Court.209
206 IDMC, Report by the Internal Displacement Monitoring Centre to the Committee on the Elimination of
Racial Discrimination on the Occasion of Israel’s 14th, 15th and 16th Periodic Reports (January 2012);
available from www.internal-displacement.org/8025708F004CE90B/(httpDocuments)/875A7FFC20
C7B21CC1257995003B7220/$file/CERD+Report+January+2012.docx; accessed 23 April 2013.
207 Mara’abe V. The Prime Minister of Israel (HCJ 2005) para 16.
208 Beit Sourik Village Council V. The Government of Israel (HCJ 2004).
209 Beit Sourik Village Council V. The Government of Israel para 8.
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