19 feb 2019
Israeli Human Rights group B’Tselem recently released a report, examining the rulings of Israel’s High Court of Justice (HCJ) to restrict Palestinian building, and demolish Palestinian homes, while authorizing illegal Israeli Settlements in the occupied West Bank.
One example is the village of Khan Al-Ahmar, 2 kilometres south of the settlement of Kafr Adumim, east of Jerusalem, in the southern West Bank. The justices of Israel’s HCJ concluded that it is “unlawful” for Palestinians to build on the compound, therefore there was “no legal obstacle to demolishing the structures in the community of Khan Al-Ahmar”.
The report states that “Israeli authorities consider the demolition of Palestinian homes in the West Bank as no more than a matter of illegal construction, as if Israel does not have long-term goals in the West Bank”, that “this policy imposes a virtually blanket prohibition on Palestinian construction”.
The report further states Israeli “justices have regarded the Israeli policy as lawful and legitimate, nearly always focusing only on the technical issue of whether the petitioners had building permits”.
“The planning apparatus Israel has instituted in the West Bank serves its policy of promoting and expanding Israeli takeover of land across the West Bank”.
From “January 2000 to mid-2016, Palestinians filed 5,475 applications for building permits. Only 226 (about 4%) were granted”. From the year 2006 through 2018, “Israel demolished 1,401 Palestinian residential units in the West Bank (not including east Jerusalem)”.
“Particularly blatant is the justices’ disregard of the fact that implementation of the Israeli planning policy involves violating the absolute prohibition on forcible transfer”. “Since occupying the West Bank over fifty years ago, Israel has built 250 new settlements – whose very establishment is prohibited under international law”.
“It stands to reason that the judges are well aware, or ought to be, of the judicial foundations they are cementing in their rulings, and the devastating implications of these rulings, including the violation of the IHL (International Humanitarian law) prohibition on forcible transfer.
Therefore, they too, – along with the prime minister, senior ministers, the chief of staff and other military officers – bear personal liability for the commission of such crimes”
One example is the village of Khan Al-Ahmar, 2 kilometres south of the settlement of Kafr Adumim, east of Jerusalem, in the southern West Bank. The justices of Israel’s HCJ concluded that it is “unlawful” for Palestinians to build on the compound, therefore there was “no legal obstacle to demolishing the structures in the community of Khan Al-Ahmar”.
The report states that “Israeli authorities consider the demolition of Palestinian homes in the West Bank as no more than a matter of illegal construction, as if Israel does not have long-term goals in the West Bank”, that “this policy imposes a virtually blanket prohibition on Palestinian construction”.
The report further states Israeli “justices have regarded the Israeli policy as lawful and legitimate, nearly always focusing only on the technical issue of whether the petitioners had building permits”.
“The planning apparatus Israel has instituted in the West Bank serves its policy of promoting and expanding Israeli takeover of land across the West Bank”.
From “January 2000 to mid-2016, Palestinians filed 5,475 applications for building permits. Only 226 (about 4%) were granted”. From the year 2006 through 2018, “Israel demolished 1,401 Palestinian residential units in the West Bank (not including east Jerusalem)”.
“Particularly blatant is the justices’ disregard of the fact that implementation of the Israeli planning policy involves violating the absolute prohibition on forcible transfer”. “Since occupying the West Bank over fifty years ago, Israel has built 250 new settlements – whose very establishment is prohibited under international law”.
“It stands to reason that the judges are well aware, or ought to be, of the judicial foundations they are cementing in their rulings, and the devastating implications of these rulings, including the violation of the IHL (International Humanitarian law) prohibition on forcible transfer.
Therefore, they too, – along with the prime minister, senior ministers, the chief of staff and other military officers – bear personal liability for the commission of such crimes”
17 feb 2019
An Israeli court on Sunday decided to confiscate the vehicle of the disabled Palestinian ex-prisoner Adnan Hamarsha.
Hamarsha told the PIC reporter that the Israeli court decided to confiscate his car and ordered him to pay a fine of 70,000 NIS within a short period.
The Israeli occupation forces a few months ago detained Hamarsha and seized his car before they released him later.
Hamarsha is an ex-prisoner who had served over 15 years in Israeli jails.
Hamarsha told the PIC reporter that the Israeli court decided to confiscate his car and ordered him to pay a fine of 70,000 NIS within a short period.
The Israeli occupation forces a few months ago detained Hamarsha and seized his car before they released him later.
Hamarsha is an ex-prisoner who had served over 15 years in Israeli jails.
29 jan 2019
Israel's Jerusalem District Court on Monday sentenced a Palestinian youth to four years and a half in prison for allegedly throwing stones at Israeli settlers.
The Jerusalem Detainees Committee confirmed in a statement that Mohammed al-Razem, 22, will face a 54-month jail sentence.
The Israeli court further imposed a 10,000 NIS ($2,725) fine on al-Razem after he was convicted of throwing stones at Israeli settlers in the Old City of Jerusalem.
Al-Razem was arrested on 7 February 2018, and he is currently held in Ramon jail.
The Jerusalem Detainees Committee confirmed in a statement that Mohammed al-Razem, 22, will face a 54-month jail sentence.
The Israeli court further imposed a 10,000 NIS ($2,725) fine on al-Razem after he was convicted of throwing stones at Israeli settlers in the Old City of Jerusalem.
Al-Razem was arrested on 7 February 2018, and he is currently held in Ramon jail.
22 jan 2019
The Jerusalem District Court issued, on Tuesday, a temporary lien for a plot of land in occupied East Jerusalem belonging to the estate of the late Palestinian leader, Yasser Arafat.
Hebrew-language news outlets reported that the court issued the order at the request of eight families, who identify themselves as “victims of terrorism,” and who filed a civil damages lawsuit against the Palestinian Authority (PA) and Arafat’s estate.
The plaintiffs claimed that if they win the lawsuit, it would be difficult to collect the compensation from the estate and requested to place a temporary lien on the property, in order to fully collect their damages.
A lien is a claim against an asset that allows a person to keep the property of a person who owes them money until it has been paid.
The land measures 2.7 dunams (0.675 acres), most of which is located inside the cemetery on the Mount of Olives, which Arafat inherited.
Arafat's estate makes up 135-square-meters, about 0.5%, of the plot of land in question. However, the judge ruled that legally it was possible to put a temporary freeze on the entire plot.
Yossi Arnon, the lawyer representing the PA in the case, said he intends on taking action to reverse the ruling.
It is noteworthy that about 120 lawsuits are underway against the PA in Israeli courts based on claims that the PA is directly responsible for damages arising from “terrorist attacks.”
Hebrew-language news outlets reported that the court issued the order at the request of eight families, who identify themselves as “victims of terrorism,” and who filed a civil damages lawsuit against the Palestinian Authority (PA) and Arafat’s estate.
The plaintiffs claimed that if they win the lawsuit, it would be difficult to collect the compensation from the estate and requested to place a temporary lien on the property, in order to fully collect their damages.
A lien is a claim against an asset that allows a person to keep the property of a person who owes them money until it has been paid.
The land measures 2.7 dunams (0.675 acres), most of which is located inside the cemetery on the Mount of Olives, which Arafat inherited.
Arafat's estate makes up 135-square-meters, about 0.5%, of the plot of land in question. However, the judge ruled that legally it was possible to put a temporary freeze on the entire plot.
Yossi Arnon, the lawyer representing the PA in the case, said he intends on taking action to reverse the ruling.
It is noteworthy that about 120 lawsuits are underway against the PA in Israeli courts based on claims that the PA is directly responsible for damages arising from “terrorist attacks.”
European Union diplomats, on Monday, visited the Sabbagh family, who are under threat of eviction from their home in Sheikh Jarrah neighborhood of occupied East Jerusalem, for the benefit of Jewish settlers, and warned that settlement activity in the occupied Palestinian territory is illegal under international law.
The Israeli High Court dismissed, on 15 November, a final appeal against the eviction of the Sabbagh family, from its home in Sheikh Jarrah, following a claim by settlers that they own the plot where the house is located, despite the fact that the Sabbagh family submitted documents proving the fallacy of the claim, by the settlers, that the house is registered in their name.
The court had ruled that the statute of action, in the lawsuit against the settlers, has expired and therefore the appeal was rejected.
“If the eviction is carried out, it would amount to the displacement of around 32 members of the Sabbagh family, including 6 children,” the EU Heads of Mission in Jerusalem and Ramallah said, in a statement on the visit, adding that further settlement plans, including evictions, are being moved forward in Sheikh Jarrah.
“The EU missions in Jerusalem and Ramallah recall the successive Foreign Affairs Council Conclusions and statements in which the EU has repeated its strong opposition to Israel’s settlement policy and actions taken in this context, including evictions and demolitions. The policy of settlement construction and expansion, including in East Jerusalem, is illegal under international law, and its continuation undermines the viability of the two-state solution and the prospect for a lasting peace,” concluded the statement, according to WAFA.
In related news, the European Union Representative issued a statement, on Monday, on the dissolution of the Palestinian Legislative Council (PLC) in agreement with the EU Heads of Mission in Jerusalem and Ramallah.
The EU missions in Jerusalem and Ramallah have noted the dissolution of the PLC in December 2018 and the announcement of legislative elections within 6 months.
The statement said, according to Ma’an: “While the PLC has not been in session since 2007 and has not been in a position to exercise its function as the legislative body of the Palestinian Authority (PA), as foreseen in the Palestinian Basic Law, over the course of the last decade, its dissolution formally brings to an end the mandate of the only elected governing body of the Palestinian Authority, a development the EU missions regard with concern.”
The statement added, “In line with the Foreign Affairs Council Conclusions from 2016, and in light of the announced elections, the EU missions in Jerusalem and Ramallah encourage the Palestinian leadership to work toward strong, inclusive, accountable and democratic institutions, based on respect for the rule of law and human rights.”
In the statement, the EU called upon the Palestinian government to work towards genuine and democratic elections for all Palestinians.
The EU considers this to be “crucial in view of the establishment of a viable and sovereign Palestinian State.”
The EU missions in Jerusalem and Ramallah also called on all Palestinian factions to seek “common ground” and to work together to pursue “a positive path towards democracy” for the full benefit of the Palestinian people.
The EU missions urged all Palestinian factions “to engage in good faith in the reconciliation process which is an important element for reaching the two state solution,” noting, “The PA must fully resume its governmental functions in Gaza, as it is an integral part of a future Palestinian state.”
The Israeli High Court dismissed, on 15 November, a final appeal against the eviction of the Sabbagh family, from its home in Sheikh Jarrah, following a claim by settlers that they own the plot where the house is located, despite the fact that the Sabbagh family submitted documents proving the fallacy of the claim, by the settlers, that the house is registered in their name.
The court had ruled that the statute of action, in the lawsuit against the settlers, has expired and therefore the appeal was rejected.
“If the eviction is carried out, it would amount to the displacement of around 32 members of the Sabbagh family, including 6 children,” the EU Heads of Mission in Jerusalem and Ramallah said, in a statement on the visit, adding that further settlement plans, including evictions, are being moved forward in Sheikh Jarrah.
“The EU missions in Jerusalem and Ramallah recall the successive Foreign Affairs Council Conclusions and statements in which the EU has repeated its strong opposition to Israel’s settlement policy and actions taken in this context, including evictions and demolitions. The policy of settlement construction and expansion, including in East Jerusalem, is illegal under international law, and its continuation undermines the viability of the two-state solution and the prospect for a lasting peace,” concluded the statement, according to WAFA.
In related news, the European Union Representative issued a statement, on Monday, on the dissolution of the Palestinian Legislative Council (PLC) in agreement with the EU Heads of Mission in Jerusalem and Ramallah.
The EU missions in Jerusalem and Ramallah have noted the dissolution of the PLC in December 2018 and the announcement of legislative elections within 6 months.
The statement said, according to Ma’an: “While the PLC has not been in session since 2007 and has not been in a position to exercise its function as the legislative body of the Palestinian Authority (PA), as foreseen in the Palestinian Basic Law, over the course of the last decade, its dissolution formally brings to an end the mandate of the only elected governing body of the Palestinian Authority, a development the EU missions regard with concern.”
The statement added, “In line with the Foreign Affairs Council Conclusions from 2016, and in light of the announced elections, the EU missions in Jerusalem and Ramallah encourage the Palestinian leadership to work toward strong, inclusive, accountable and democratic institutions, based on respect for the rule of law and human rights.”
In the statement, the EU called upon the Palestinian government to work towards genuine and democratic elections for all Palestinians.
The EU considers this to be “crucial in view of the establishment of a viable and sovereign Palestinian State.”
The EU missions in Jerusalem and Ramallah also called on all Palestinian factions to seek “common ground” and to work together to pursue “a positive path towards democracy” for the full benefit of the Palestinian people.
The EU missions urged all Palestinian factions “to engage in good faith in the reconciliation process which is an important element for reaching the two state solution,” noting, “The PA must fully resume its governmental functions in Gaza, as it is an integral part of a future Palestinian state.”
16 jan 2019
Israeli military courts have imposed fines topping $16m, on West Bank Palestinians, from 2015 to 2017, “even though the great majority of the offenses do not involve the harming of people or property.”
According to a report by Haaretz, “the money is deposited in the Israeli Civil Administration’s accounts in the West Bank and is managed by an officer also subordinate to Israeli finance ministry.”
The report cites examples of fines, such as the December 2018 conviction of a Beit Ummar resident, for throwing a stone at Israeli occupation forces “from an unknown distance.”
Although “the stone did not hit anyone and caused no damage,” he was jailed for six months and fined 2,000 shekels ($550).
In October 2018, a military judge convicted a 45-year-old man of what the court considered a “hostile terrorist offense” – namely, “he went on a family picnic holding a hunting rifle with one bullet in it.”
In a plea deal, “he was sentenced to two months in prison and fined 3,000 shekels ($800).”
Haaretz article notes how “experience shows that a Palestinian cannot be released from detention or prison without paying the fine imposed on him, regardless of the offense’s severity.”
“The fines imposed on Palestinians in the military courts are extremely exaggerated, both in their scope compared with the size of the population and its economic ability,” Combatants for Peace told Haaretz.
According to Days of Palestine, a member of the group also told the paper that in the Jordan Valley region of the West Bank, fines to release tractors that Israeli occupation authorities “had confiscated from farmers [forbidding them to cultivate their land] sometimes reached 4,000 shekels ($1,100).”
According to a report by Haaretz, “the money is deposited in the Israeli Civil Administration’s accounts in the West Bank and is managed by an officer also subordinate to Israeli finance ministry.”
The report cites examples of fines, such as the December 2018 conviction of a Beit Ummar resident, for throwing a stone at Israeli occupation forces “from an unknown distance.”
Although “the stone did not hit anyone and caused no damage,” he was jailed for six months and fined 2,000 shekels ($550).
In October 2018, a military judge convicted a 45-year-old man of what the court considered a “hostile terrorist offense” – namely, “he went on a family picnic holding a hunting rifle with one bullet in it.”
In a plea deal, “he was sentenced to two months in prison and fined 3,000 shekels ($800).”
Haaretz article notes how “experience shows that a Palestinian cannot be released from detention or prison without paying the fine imposed on him, regardless of the offense’s severity.”
“The fines imposed on Palestinians in the military courts are extremely exaggerated, both in their scope compared with the size of the population and its economic ability,” Combatants for Peace told Haaretz.
According to Days of Palestine, a member of the group also told the paper that in the Jordan Valley region of the West Bank, fines to release tractors that Israeli occupation authorities “had confiscated from farmers [forbidding them to cultivate their land] sometimes reached 4,000 shekels ($1,100).”
12 jan 2019
The execution office of Israel’s enforcement and collection authority has ordered a Palestinian family who owns an apartment building in Sheikh Jarrah neighborhood, east of Occupied Jerusalem, to evacuate five families living in there and turn over the property to Jewish settlers by January 23.
According to the Civic Coalition for Palestinian Rights in Jerusalem, al-Sabbagh family filed a law suit at the Israeli district court in Jerusalem in 2012 against the claim by settler groups that they own the land of the building in Sheikh Jarrah.
Even though al-Sabbagh family provided the court with evidence proving its ownership of the land and that the setter groups’ land registration process done in 1972 was illegal and not correct and therefore their claim of ownership of that plot is null and void, the court ruled in favor of the settlers.
The family, through its lawyers, appealed the ruling to the high court on November 15, 2018, which rejected the appeal and upheld the district court’s verdict.
The family’s lawyers re-appealed the high court’s ruling by asking for a five-judge panel instead of three, and this was rejected as well, which left the eviction of the five families imminent, the Civic Coalition said.
According to the Civic Coalition for Palestinian Rights in Jerusalem, al-Sabbagh family filed a law suit at the Israeli district court in Jerusalem in 2012 against the claim by settler groups that they own the land of the building in Sheikh Jarrah.
Even though al-Sabbagh family provided the court with evidence proving its ownership of the land and that the setter groups’ land registration process done in 1972 was illegal and not correct and therefore their claim of ownership of that plot is null and void, the court ruled in favor of the settlers.
The family, through its lawyers, appealed the ruling to the high court on November 15, 2018, which rejected the appeal and upheld the district court’s verdict.
The family’s lawyers re-appealed the high court’s ruling by asking for a five-judge panel instead of three, and this was rejected as well, which left the eviction of the five families imminent, the Civic Coalition said.
10 jan 2019
A number of human rights organizations have called on Israel to stop spraying dangerous herbicides over the Gaza Strip, as they endanger health and crops in the besieged coastal enclave, a press release by Adalah – The Legal Center for Arab Minority Rights in Israel said, on Wednesday.
Al Mezan Center for Human Rights in Gaza, Gisha – Legal Center for Freedom of Movement, and Adalah wrote to Israeli Prime Minister Benjamin Netanyahu in his role as Minister of Defense, Military Advocate General Sharon Afek, and Attorney General Avichai Mandelblit with an urgent demand to refrain from conducting further aerial spraying of herbicides inside and near the Gaza Strip, due to the severe damage to crops and the risk to the health of Gaza residents caused by the spraying.
According to media reports and accounts from Gaza residents, on December 4, the Israeli military sprayed herbicides, from the air, over areas inside the Gaza Strip and near the fence separating it from Israel. A variety of crops grown in fields near the fence inside the Strip were damaged, as a result.
WAFA further reports that, in December of 2015, the military confirmed that it uses planes to spray herbicides near the fence in order to clear terrain.
Farmers and local organizations in the Strip report that spraying has occurred since 2014. In June 2016, Gisha, Adalah and Al Mezan submitted a complaint on behalf of eight farmers from Gaza whose crops had been damaged by spraying, calling on the Israeli authorities to refrain from the practice and compensate the farmers, to no avail.
In the letter submitted on Monday, the organizations emphasize that the spraying is a highly destructive measure, infringing on fundamental human rights and violating both Israeli and international law. Contrary to Israel’s official position, whereby the military only sprays herbicides over Israeli territory, farmers in Gaza report that the planes spray over the Strip’s aerial space.
The letter further notes that even if the spraying were to, in fact, take place only on the Israeli side, the chemical agents used are carried by wind over to the Gaza Strip, causing severe damage to crops and disproportionate financial losses to local farmers, meaning that there is no justification or legal basis for the continued use of this destructive practice.
A response submitted by the Ministry of Defense to a Freedom of Information petition, filed by Gisha in 2016, revealed that the chemical agents used in the spraying include glyphosate (“Roundup”), which had been declared a carcinogen by the World Health Organization and has been banned in many countries around the world. Multiple guidelines on the use of this agent entirely prohibit its use by aerial spraying, due to the high health risks associated with it.
The letter also cites a 2007 Israeli High Court decision against aerial spraying, in a case that challenged the Israel Land Administration’s directive to spray fields cultivated in unrecognized villages of the Naqab (Negev) desert, in the south of the country, on the alleged basis that the residents of the lands did not own them. The court ruled the spraying illegal, due to the risks it posed to the health of people, animals, and vegetation in the area.
The letter concludes with a demand to refrain from all spraying in the Gaza Strip area, and to use other, proportionate measures, within Israeli territory, that do not harm farmers in the Gaza Strip or put their crops or their health at risk.
Al Mezan Center for Human Rights in Gaza, Gisha – Legal Center for Freedom of Movement, and Adalah wrote to Israeli Prime Minister Benjamin Netanyahu in his role as Minister of Defense, Military Advocate General Sharon Afek, and Attorney General Avichai Mandelblit with an urgent demand to refrain from conducting further aerial spraying of herbicides inside and near the Gaza Strip, due to the severe damage to crops and the risk to the health of Gaza residents caused by the spraying.
According to media reports and accounts from Gaza residents, on December 4, the Israeli military sprayed herbicides, from the air, over areas inside the Gaza Strip and near the fence separating it from Israel. A variety of crops grown in fields near the fence inside the Strip were damaged, as a result.
WAFA further reports that, in December of 2015, the military confirmed that it uses planes to spray herbicides near the fence in order to clear terrain.
Farmers and local organizations in the Strip report that spraying has occurred since 2014. In June 2016, Gisha, Adalah and Al Mezan submitted a complaint on behalf of eight farmers from Gaza whose crops had been damaged by spraying, calling on the Israeli authorities to refrain from the practice and compensate the farmers, to no avail.
In the letter submitted on Monday, the organizations emphasize that the spraying is a highly destructive measure, infringing on fundamental human rights and violating both Israeli and international law. Contrary to Israel’s official position, whereby the military only sprays herbicides over Israeli territory, farmers in Gaza report that the planes spray over the Strip’s aerial space.
The letter further notes that even if the spraying were to, in fact, take place only on the Israeli side, the chemical agents used are carried by wind over to the Gaza Strip, causing severe damage to crops and disproportionate financial losses to local farmers, meaning that there is no justification or legal basis for the continued use of this destructive practice.
A response submitted by the Ministry of Defense to a Freedom of Information petition, filed by Gisha in 2016, revealed that the chemical agents used in the spraying include glyphosate (“Roundup”), which had been declared a carcinogen by the World Health Organization and has been banned in many countries around the world. Multiple guidelines on the use of this agent entirely prohibit its use by aerial spraying, due to the high health risks associated with it.
The letter also cites a 2007 Israeli High Court decision against aerial spraying, in a case that challenged the Israel Land Administration’s directive to spray fields cultivated in unrecognized villages of the Naqab (Negev) desert, in the south of the country, on the alleged basis that the residents of the lands did not own them. The court ruled the spraying illegal, due to the risks it posed to the health of people, animals, and vegetation in the area.
The letter concludes with a demand to refrain from all spraying in the Gaza Strip area, and to use other, proportionate measures, within Israeli territory, that do not harm farmers in the Gaza Strip or put their crops or their health at risk.
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