Restrictions Land Confiscation on Use and Access Introduction 57 “The village of Ein Al-Hilwa is only 50 meters from the colony of Maskiot. The Israeli settler-colonialists did not receive an evacuation order. If the training of the Israeli military is dangerous for the Palestinian residents, aren't they for the Israeli colonists?” Interview with Rasheed Sawafta, Al-Jiftlik, Jordan Valley (6 March 2013) Numerous measures are in place in the West Bank, East Jerusalem and Gaza Strip that seriously hinder the right of a landowner to use and access their lands while limiting their access to other resources such as water, the Dead Sea, and fisheries off the coast of Gaza. Such limitations usually come in the form of Israeli military orders that designate various parcels of land as closed military zones, nature reserves, national parks, Seam Zones, or for the building of the Annexation Wall, for instance. In designating a closed military zone, for example, the local Military Commander applies Military Order 1651 to insist on the required allocation of certain lands for ‘training’ and ‘firing’ purposes as an omnipotent ‘military necessity’. The owners are subsequently forbidden from using or accessing that land, unless they have been granted a permit, even though the ownership has not been transferred. These measures are distinct from those employed in pursuit of land confiscation where ownership is transferred. As such, the landowner may still retain de jure ownership, but with an extremely restricted possibility of using the land. Other mechanisms such as check points and roadblocks also severely restrict and hamper access and movement on roads, and between towns and villages, etc. However, this chapter will predominantly deal with restrictions on use and access of land. This chapter will outline and discuss the various legal mechanisms facilitating restriction on use and access of land including the Annexation Wall, Seam Zones, Military Firing Zones, Nature Reserves and National Parks, Colonies, Access to the Sea and the Buffer Zone. West Bank, Area C Israel developed and implements a matrix restricting Palestinian movement and denying their use of and access to land. This matrix prevents Palestinians from obtaining access to livelihoods and basic services, including health, education and water supply. Israel’s ‘matrix of control’ exceeds the concept of restrictions to freedom of movement – a fundamental right – and instead regularly results in the complete denial of access to land, which in turn creates unlivable conditions.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents