الانتهاكات الإسرائيليّة للملكيّة الخاصّة في الأراضي الفلسطينيّة المحتلة المصنّفة "ج" دراسة حالة، وقضايا خاصة " قانون تسوية المستوطنات"
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Date
2019-01-31
Authors
دويكات, خلدون
Journal Title
Journal ISSN
Volume Title
Publisher
ِAn-Najah National University
Abstract
The study aimed at identifying the Regularization Law, which was legislated by the Israeli Knesset at the beginning of 2017, through an in-depth study of the provisions of the law and through the study of the preparatory works for the law which were discussed in the public and private sessions of the Knesset to identify the hierarchy of events and actions, as well as to understand the objectives of the law and its resulting effects.
To achieve the objectives of the study, the researcher employed and analyzed several relevant judicial decisions issued by the Israeli judiciary system in addition to several reports issued by official local institutions with reference to many international laws and conventions.
The study concluded that the Regularization Law is one of the first Israeli laws to be enacted by the Knesset and directly related to the Occupied Palestinian Territories. The Regularization Law constitutes a direct violation of the private property rights of Palestinians in the Occupied Territories. It has been enacted to provide a legal cover for the Israeli confiscation of Palestinian property that had previously been carried out through military force.
The law came to end the legal instability experienced by the settlement project, especially the settlements that were established on private Palestinian land; it also came to stop all the administrative and judicial procedures imposed on the settlements to prevent their dismantling and evacuation.
The study also found that there are direct repercussions for the Regularization Law in the occupied Palestinian territories, especially with regard to the issue of private property. The confiscation of land by the use of military force is an Israeli practice in the Palestinian territories; Israel is using it as cover to pass its settlement project. The Israeli courts have ruled in several cases on the illegality of confiscation by military force of the occupying state of Israel; these courts have called for rejecting the law. However, the legislation of the settlement law will legalize all acts of land confiscation by the occupying state which will hinder and delay the interference of the judiciary.
The study also concluded that the Regularization Law is consistent with the changes in the Israeli position towards the Palestinian territories, especially with respect to the interpretation of the Oslo Agreement and the division of the Palestinian territories. The occupied Palestinian territories have been classified into three divisions: The Palestinian areas classified as (A) and the Palestinian areas classified as (B) are the occupied territories, whereas the Palestinian areas classified as (C) are disputed territories. This is considered a dangerous shift in the Israeli position and denial of Palestinian rights on their land. It is considered a partial annexation of the Palestinian territories to the occupying state of Israel and will be governed by Israeli laws.
The researcher has also concluded that the signing of agreements between the Palestinians and the occupying state, for example the Oslo Accords, confirms that the State of Israel is an occupying entity that unintentionally has recognized the Palestinian presence on its territory and that the PLO is the sole representative of the Palestinian people.
The signing of the agreements between the Palestinians and the Oslo Accords confirms the contradiction in the position of the occupying state towards the occupied territories, which, through the agreements, recognized its commitment to the phased withdrawal from these territories and the transfer of powers to the Palestinians which started in 1994. This is considered as a clear consent of its temporary presence in these territories.
The researcher also concluded that ending this conflict requires more effective international intervention to compel the occupying state of Israel to respect and apply international rules relating to the occupied Palestinian territories especially the issue of settlement, and the obligation of the occupying state to stop these violations immediately, and evacuate all the settlements. Furthermore, the Palestinians must employ all available legal means to defend their rights including filing cases against Israel before the International Criminal Court to resist and fight the settlers and the Regularization Law as it is considered a serious violation- under Article (147) of the Geneva Convention- the rights of protected persons and for the confiscation of protected property.
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الانتهاكات الإسرائيليّة للملكيّة الخاصّة في الأراضي الفلسطينيّة المحتلة المصنّفة "ج" دراسة حالة، وقضايا خاصة " قانون تسوية المستوطنات"