The E1 Master Plan which received approval in 1999, is split into separate
detailed plans. Of these, three (a water reservoir,74 industrial zone75 and police
station76) have already been deposited for public review and subsequently
approved by the planning committee, with the police station already
constructed. Three other detailed plans – 420/4/3, 4204/7 and 420/4/10 pertain to a total of almost 3,700 housing units, and over 2000 hotel rooms,
but have not yet received formal approval, largely on account of vocal
international opposition. Following a successful Palestinian bid in 2012 to be
admitted as a UN observer state, however, Israel sought to push forward with
these outstanding plans, and the Civil Administration subsequently opened
up the plans for filing of objections.77 Furthermore, the planned route of the
Annexation and Separation Wall sees it surround the entire Adumim colony
bloc, resulting in the de facto annexation of some 48,000 dunums (48 km2).
Under Israeli plans, the remaining Palestinians in E1 are to be relocated to
three townships: the first at the existing al Jabal site, and the two largest –
Nuweimeh North and Armonot Hashmonaim – to be built near Jericho in the
Jordan Valley. The far-reaching individual and societal benefits of the right to
ownership and enjoyment of property is universally recognized. However, in
exceptional circumstances this right may be curtailed, such as in the event of
development projects which confer an overwhelming public benefit. Israel
has attempted to use this utilitarian principle to justify its forced displacement
of Palestinian communities in E1, arguing that the relocation plans are in the
best interests of the affected communities. Consideration of this rationale,
however, reveals it to be fallacy, with no rooting in international law.
Firstly, in the context of belligerent military occupation, any forced transfer
of the occupied population (as well as any associated confiscation and/or
destruction of property) by the occupying power represents a gross breach of
international humanitarian law.78 Therefore, any Israeli plans to permanently
relocate occupied individuals and communities represent – regardless of
any attempted Israeli framing of the situation as being for the benefit of the
displaced – a war crime. The same is true for the act of implanting colonizers
inside the occupied territory.
Similarly, the legal concept of proportionality – i.e. whether the means is
justified by the end – is utterly disregarded in the conception of these plans;
the relocation of traditionally nomadic and pastoral Palestinian communities
74
75
76
77
78
28
“Plan 420/4/1 – for a Water Pool (storage of Water): 11 Dunams,” 1.
“Plan 420/4/2 – for Industrial Zone: 1,340 Dunams,” 2.
“Plan 420/4/9 – for a Police Station and the Roads to It (was Already Built): 191 Dunams,” 9.
B’Tselem, “The E1 Plan and Its Implications for Human Rights in the West Bank.”
Temporary evacuations are permitted, though only if necessary for the safety of these populations or
for imperative military reasons.
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