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Israeli Land Grab and Forced Population Transfer of Palestinians
Jeff Halper, director of the Israeli Committee Against House Demolitions, writes that
he is not aware of a single house demolition that has been successfully overturned
by an appeal in Israeli courts, adding: “Once [a home demolition] is affirmed, the
bulldozers may arrive at any time – the same day, weeks or years later, or never.”296
This chapter will illustrate the role of planning, building permits and home
demolitions in forced population transfer and the most common legal mechanisms
behind the acts.
West Bank, Area C
Planning
Area C of the West Bank is divided into different zones designated as colonies,
State Land, firing zones or military areas, and nature parks and reserves, etc., where
Palestinian construction is effectively prohibited. These areas cover 70 percent of
Area C and, within their boundaries, any building or repairs to existing constructions
are considered illegal by the Israeli authorities.
Generally, Israeli authorities deny Palestinian construction in lands belonging to the
following categories:
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•
•
•
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State Lands: even when these lands are registered in the property tax
records in the name of the Palestinian owners;
Closed Military Areas;
Areas under jurisdiction of the colonies: in most cases these areas are
much larger than the built-up area of the colonies;
Existing and planned ways/roads: the Civil Administration prohibits
the construction not only along the road itself, but also tens of meters
away from the route, even in cases when the road is not yet paved;
The Annexation Wall: the Israeli authority prohibits Palestinians
from building in areas that are with 200 meters from the route of the
Annexation Wall;
Nature reserves and archaeological sites.
Planning and construction in the remaining 30 percent of Area C is governed by the
Jordanian Towns, Villages, and Building Planning Law of 1966, which was modified
by the Israeli Military Order Concerning Towns, Villages and Buildings Planning Law
(Judea & Samaria) No. 418 of 1971. The Law describes the preparation of regional
296 Jeff Halper, ‘House Demolitions and Israel’s Policy of Hafrada’.
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