Discriminatory Zoning and Planning
in the West Bank
Palestinian communities within Area C are subject to an oppressive zoning
and planning framework consisting of selectively-deployed Ottoman, British
Mandate and Jordanian-era land laws, supported by an extensive web of
Israeli military orders. It is a framework designed to displace non-JewishIsraeli inhabitants, primarily through arbitrary declarations of large swathes
of land as belonging to the ‘state’ - and to replace them with Jewish-Israeli
colonizers. As such, full control of the planning and construction process –
from conception of its overarching strategy to its realization and enforcement
on the ground – is retained by the occupying power. Under international
humanitarian law, the introduction of new legislation or the amendment of
existing legislation in occupied territory is subject to strict stipulations. Such
actions are only permitted if they serve to restore/maintain public order; if
they contribute to the genuine security of the occupation forces; if they assist
the occupant in fulfilling obligations under international humanitarian law
(IHL) and/or international human rights law (IHRL); or if such actions enhance
the civil life and wellbeing of the protected population during occupation.73
Case Study: E1
The E1 corridor is a strategically significant parcel of land, measuring roughly
12 km2, located between Jerusalem and the Israeli colony of Ma’ale Adumim.
Though relatively small in size, E1 can be considered a microcosm of Israel’s
occupation and colonization of the West Bank as a whole, and for years Israel
has continuously sought to transfer its own citizens into this parcel of land.
Representing a grave breach of Article 49 of the Fourth Geneva Convention,
such actions are motivated by the intention to merge Jerusalem and Ma’ale
Adumim; effectively surrounding the former with a bank of Jewish-Israeli
colonies and thus making Palestinian access to the intended national capital
virtually impossible. Moreover, the West Bank would effectively be severed in
two, ending any remaining hope of a contiguous geographic entity.
73 Art. 64 International Committee of the Red Cross (ICRC), “Fourth Geneva Convention.”
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