the right of return of Palestinian refugees and IDPs since 1948, it has also
denied Palestinians their right to restitution of their homes and properties.
A series of laws were passed by the Knesset with the intention of rendering
any potential restitution process impossible through the confiscation and
subsequent privatization of Palestinian land.
Confiscation and Privatization of Properties of Displaced Palestinians
Following the Nakba, gaining control of the lands of displaced Palestinians
became one of the main objectives of the newly-established Israeli
government.127 Israel immediately expropriated an estimated 17,178,000
dunums (17,178 km²) of land in 1948 from Palestinian refugees and afterwards
continued to expropriate an additional 700,000 dunums (700 km²) from
internally displaced Palestinians.128 The rights of Palestinians did not stand
in the way, as first Prime Minister of Israel David Ben Gurion argued in 1948:
“the war will give us the land. The concepts of ‘ours’ and ‘not ours’ are peace
concepts, only, and in war they lose their meaning.”129
After 1948, the property of all forcibly displaced Palestinians was declared
‘absentee property’ and was transferred to a Custodian,130 based on the
Emergency Regulations for Absentees’ Property of December 1948 that
later became the 1950 Absentee Property Law. This Law defined ‘absentee’
broadly so that it applied to every Palestinian who had left their usual place
of residence in Palestine after November 1947. Once the properties were
acquired by the Custodianship Council for Absentee’s Property, which was, in
theory, not allowed to sell the property, Israel was able to utilize and privatize
the land (and the buildings that were on it)131 through a roll-out of additional
laws in partnership with government and non-government agencies.
In addition to the aforementioned legislation, the main laws used for such
objectives were:
·
The 1950 Development Authority (Transfer of Property) Law, which
gave the Development Authority broad powers to acquire and
127 Jad Isaac, The Israel-Palestine Conflict: Parallel Discourses (University of California Los Angeles Center
for Middle East Development Series 1st ed., 2011), 68
128 BADIL, Survey of Palestinian Refugees and Internally Displaced Persons, 2002 (Bethlehem, Palestine),
3, available at: http://www.badil.org/phocadownload/Badil_docs/publications/Survey-2002.pdf .
129 Nur Masalha, Expulsion of the Palestinians: The Concept of “Transfer” in Zionist Political Thought,
1882-1948 (Washington: Institute for Palestine Studies 1992):180.
130 Absentee Property Law, supra note 95.
131 See Fischbach, Records of Dispossession, supra note 122, 48.
45
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