IDF Civil Administration pushing for land takeover in West Bank
Inclusion of Jordan Valley, northern Dead Sea and area surrounding Ariel in 'settlement blocs' whose takeover the administration is advancing, would prevent establishment of Palestinian state with territorial contiguity.
By Akiva EldarThe IDF Civil Administration is taking steps to increase state-ownership of West Bank lands, an internal military document reveals. The policy enables increased construction not only around settlement blocs like Ariel, Ma'aleh Adumim and Gush Etzion, but also in strategic areas like the Jordan Valley and Dead Sea.
Until now it was not known that the administration, which is a military agency, was charged with distinguishing between the blocs Israel is demanding to annex as part of a final-status agreement and the rest of the settlements.
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Construction in the West Bank settlement of Modi’in Ilit. |
| Photo by: AP |
The document was written by Lt.Col. Zvi Cohen, head of the civil administration's infrastructures department, in January. On the same day, Cohen signed a procedure stipulating that the custodian of government property is authorized to take possession of lands whose ownership is undefined.
The first document, setting the civil administration's priorities in advancing Israeli take over of West Bank lands, says the construction would take place on state-owned land. Cohen writes that in view of the fact that building settlements on private Palestinian land, as in the case of most illegal outposts, constitutes a violation of international law and a government decision.
The document was passed on to the Rabbis for Human Rights under the Freedom of Information law.
The inclusion of the Jordan Valley, northern Dead Sea and area surrounding Ariel in the "settlement blocs" whose takeover the administration is advancing, would prevent the establishment of a Palestinian state with territorial contiguity. In addition, the scope of land in question thwarts the possibility of exchanging areas in a peace settlement, according to the formula presented by U.S. President Barack Obama on May 19.
This is because on the western side of the Green Line there is not enough open land to compensate the Palestinians for such an extensive annexation, according to examinations carried out during previous talks between Israel and the Palestinians.
It has recently been reported that Prime Minister Benjamin Netanyahu wants Obama to ratify the letter of his predecessor George Bush, of April 2004, saying the United States is in favor of the new borders, which take into account "the new reality on the ground," including the existence of "major Israeli population centers."
However, the letter says the changes on the border must have the agreement of both sides. A position paper submitted by Palestinian President Mahmoud Abbas to the American envoy George Mitchell a year ago rules out the possibility of a settlement that includes Israeli control of the Jordan Valley, northern Dead Sea and Ariel.
Cohen details the work procedures of the administration's team, dubbed "Blue Line," for demarcating state lands in the West Bank. He writes that the team's major task is to examine the state's declarations of ownership on lands mainly in the 80s and 90s. But the team, which has been working since 1999, is also examining the possibility of declaring lands with undefined ownership as state lands.
The document says the team gives priority to territories whose ownership is subject to a court debate or to dispute between settlers and Palestinians and between Palestinians and the state. The team also gives priority to advancing building public institutions, schools, parks and "other matters classified as urgent by the authorized bodies."
The document says the team's goal is to make sure the planning procedures and land allocations are advanced only on lands that are government property and not Palestinian-owned, in keeping with international law.
The document also says the government's decision of 1979, saying that extending West Bank settlements and building new ones would only be carried out on state-owned land, must be adhered to.
Despite the document, dozens of settlements and outposts have been built, with the authorities' knowledge and assistance, on private, Palestinian-owned lands. These include Ofra, Beit El and Eli and the outposts Amona, Givat Asaf and Migron, to name just a few.
The document says the Blue Line team is not required to examine and ascertain land ownership where the ownership has already been determined de facto
by illegal construction.
Dror Etkes, a left-wing activist monitoring construction in the settlements, has found that the administration's team included at least 26 outposts in territories it defines as state lands. This means the state has started a process to legitimize these outposts.
Official information the administration gave Etkes, under the Freedom of Information Law, reveals that almost half of the Blue Line team's work has been carried out in areas Israel defines as "settlement blocs." Altogether the team has examined in 12 years' work 195,000 dunams, 92,000 of them west of the approved separation fence line, and 103,000 dunams east of it.
Almost 13,000 dunams of the examined lands are located in the Dead Sea and Jordan Valley region.
In an overwhelming majority of cases the team recommended classifying the examined lands as state lands, but in some cases the team accepted Palestinians' appeals, after appelants produced documents proving their ownership of the land.
The second document Cohen signed in January pertains to another team for examining lands whose ownership is not determined.
A letter, also passed on to the Rabbis for Human Rights, says these are "lands the custodian [of government property] is authorized to take possession of, being government property which hasn't been declared [state lands] yet, or these procedures are still in process and are not registered in the land registry."
Rabbis for Human Rights commented that "a politically motivated land policy must not come at the expense of the rights of a population subjected to occupation, which is excluded from the decision-making processes of those shaping its destiny. The procedures empower the ability to use the mechanism Israel set up for declaring 'state lands' for the purpose of dispossessing Palestinian communities and individuals of their rights and lands."
Etkes said the document provides a rare glimpse into the delicate interface between the politicians and those carrying out their orders obediently. In 99.9 percent of the cases the procedure of declaring state lands and allocating them are aimed at benefitting the settlers, and them alone, he said.
"That's the main way Israel enforces its discriminatory land policy, which aims to evict the Palestinians from most of the West Bank and take possession of these territories," Etkes said.
Rabbis for Human Rights said in response that “land policies with political dimensions should not come at the expense of the rights of the population under occupation, and is banished from the decision making processes that shape their fate. The procedures enhance the ability to use the mechanism that Israel created of declaring ‘state land’ to discard Palestinian communities and individuals of their rights and their land.”
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If this goes ahead, it will commit Israeli children to a lifetime of war, conflict & general violence. Is that what they really want for them? For the Palestinians, they are now hardened to anything which can be inflicted upon them & will survive this outrage as strong as ever.
Marvellous stuff really. I can only surmise that, blinded by hatred and arrogance, the Israeli right is trapping itself into a circumstance where the only options will be 1) wholsale ethnic cleansing 2) the end of democracy and a true apartheid state 3) the end of the notion that Israel is a Jewish state. It is hard to fathom, but the Israeli right, more than any other entity, is marching towards the end of the nationalist-zionist dream. Nice going guys.
... what better "justification" can he find for an enormous land-grab from the hard-pressed Palestinians?
Can someone explain how the State came to consider that it "owns" any of the land occupied after 1967? It is non-sense to try to draw a distinction between "state-owned" and "privately owned" land, and especially silly to claim that international law would somehow sanction building on the "state-owned" land. This arrogance will be Israel's undoing - something that I find extremely sad, as I'm quite fond of the country.
The 90s were the era of peace in Israel. Seems like the 2010s are the era of colonialism.
This is the real face of ISRAEL..Stealing Palestinain lans under different scenario and justifications..The peace process is only a game to gain time...HAMAS vision has proved more right than others...Israel will be responsible for all future tragedies in the area...
Israel really needs to get over itself
It's our land. If you want it come and take it.
how 2,000 years of Antisemitism, 70 years of Arab political propaganda, 60 years of Media big lies, a gullible public, and what you end up with is a collective consciousness that has a complete distorted view on International Law. The belief that Jews can steal their own land is a sad commentary on Human intelligence.
We, Jews are returning to our land. Our enemies and turncoats from our midst don't like it. It is to be expected. Nevertheless, we will continue to do the right thing.
Your 'disappointment" and "regret" is regrettably not alleviating
Jordan was part of the original Palestine mandate and at one time slated for the Jewish state. It was handed over to foreign hashemite family and must be returned to the Jews and Palestinians to make final deal. Israel will give up rights to the East Bank in order to make peace and this is a very fair and practical deal.
Ariel literally sticks out like a sore thumb. A picture is worth a thousand words, and Ariel looks on the map like it just doesn't belong there and can't be justified. The annexations around Jerusalem can be finessed and "swapped" for but the inability to either let Ariel go or have a viable two-state peace while holding onto it will delay peace for generations, if not forever.
israil claims it only aims construction. but sorry, everyone knows the real aim of Israel is to take control of Palestine and assimilate it more and more as it has been doing for 60 years.
Everyone in the world knows that, except a few who love their religion more than the truth.
"We have already seen the result of handing over land to entities hostile to Israel. It has led to increased terrorism, increased violence and increased threats of war. The examples we have so far are South Lebanon, OSLO, and Gaza. In all three cases violence increased. By bringing more Jewish communities into the Israel fold permanently we will decrease violence and increase the chances for a lasting peace." Shabath Shalom!
The Arab countries together attacked Israel in three major wars and Israel defeated them, took some of their territory and built some settlements. The lesson here is don't attack Israel because you will pay a price. If they attack again they will payagain. Problem is the Arab Muslims wont accept reality because they are still blinded with hate.
But I demand the following as an Israeli citizen: 1) No more white plates for Palestinians and Yellow Plates for Israelis. Freedom of movement and travel inside and beyond the green line. This also means that West Bankers will now be able to fly out of Ben Gurion Airport. 2) No more Hawiyehs (Palestinian IDs) we're all equal now. I want the same ID as Israeli Jews. 3) We'll pay taxes but we demand full representation by local and national politicians and all rights as equal citizens of Israel including the ability to run for elections and join political organizations that represent our interests as members of the state. 4) Full support of law enforcement – protect and serve ALL CITIZENS, not just Jews. 5) Our towns require trash removal, fire departments, public transportation, road repairs, lights, signs, etc. 5) Palestinian Politicians in the Knesset with ability to suggest, pass, veto laws, run in public elections and participate in debates, democratic processes, etc. 6) Adoption of the Palestinian history as part of the origin of Israel. This means acknowledge the existence of Palestinians in the new state of Israel. You can’t forge a new future without acknowledging the past. 7) An end to the term "A Jewish State" because it is no longer so. Israel is either Democratic or Jewish. It can’t be both. 8) End to racist laws - One legal system for Jews and Arabs. No Military courts for West Bank and Civil courts for Israelis. One court system for all citizens. 9) State Rabbis? Fine but we also want State Priests and State Sheikhs too otherwise State secularism. Separate Government and Religion but respect and protect religious freedom for all people. 10) No more checkpoints. Now that we’re citizens we have the freedom to travel anywhere and everywhere within the state…unrestricted as long as we don’t break any laws. 11) The government must rehabilitate our sewage systems, our water networks, our communication lines and our access to electrical power. 12) Now that Settlements are no longer settlements and are just neighboring towns, we should have the right to travel freely into and through them. 13) All academic and cultural institutions must be accommodating to ALL citizens. 14) Equal pay/equal employment rights for all citizens. 15) We want to be included in Israel’s national healthcare system. 16) Open access to waterways, borders, beaches, etc.
This is the time the international community advance a BDS campaign against Israel. There is no option: Israelis voters will only change the Knesset when they are pressured in their pockets, otherwise, the situation will remain as it is. Boycott Israelis travelers, Israelis goods, Israelis sports participation. The time is now!
As a citizen of Ramallah, I look forward to soon vote for my choice candidate for Israel/Palestine! 20 years and Palestine will be 100% again!
for the Pals the land is wasteland and desert, for the Jews the land overflows with milk and honey.
dissolve the PA, stop their UN bid for statehood, and start a non-violent, large-scale protest movement to demand Israeli citizenship. The movement has many options for non-violent protests which can damage Israel's economy while generating international sympathy. They have a better chance of becoming Israeli citizens than they do getting their own state. The two-state solution has been over for a while.
Unless you mean "territorial contiguity" with the state of Jordan.
Threatening contiguity? Oh please. Notice that all of the construction is taking place in areas which either the Palestinians accept will be annexed into Israel, or in a section of northern up Samaria. They absolutely would not impede a contiguous Palestinian state. And all Israeli settlements are located in Area C, which has 4% of the Palestinian population in the West Bank.
Before declaring bankruptcy the businessman buys everything in the world he can think of. And then bankrupts the company. This is known as 'loading the boat.' Israel is 'loading the boat' right now, preparatory to negotiations, and, well, all's fair in love and war...
Israel never ceases to amaze me. They shoot themselves in the foot again, and again, and again. Instead of ending the occupation and withdrawing behind the Green Line to salvage the cherished "Jewishness" of their state, they are rushing mad towards the opposite direction, ensuring that only a bi-national state, with Arab majority, can be the solution to the conflict. Puzzling, to say the least.
The two-state-"solution" has been made impossible by the settlements in the Westbank. It has been made so already years ago. Two peoples, roughly the same size, will have to learn to SHARE the land.
JUST FOLLOW THE SETTLEMENT OF THE KIBBUTZIM AND ISRAEL AS THE RIGHT ,SAFE AND LEGAL ADMINISTRATIVE BORDERLINES
The only alternative and the best one at that is for Jordan to be the home land of the Palestinians. sixty five percent of the Jordanians are Palestinian. Then there will be peace.
Looks as if the Netanyahu goal of no peace, never, is underway. Time for Palestinians to move on voting rights in Israel in advance of the annexation.
Land!
It is simply assumed that IF Israel declares *this* or *that* to be "state land" THEN that land now belongs to the "state of Israel". Ahem. Article 55 of the Hague Regulations says that public land (i.e. "state land") must be administerd via the rules of ususfruct i.e. the occupier must "safeguard the capital of these properties". Swallowing up "state land" is a clear violation of that stipulation, which means this is very, very, very I.l.l.e.g.a.l.
notwithstanding. Article 55 of the Hague Regulations says that public land (i.e. "state land") must be administerd via the antirules of ususfack i.e. the student must "safeguard the capital of these properties". Swallowing on and on "state land" is an unclear violation of that metaphore, which means this is very, very, very "profound".
if not swallowing up state lands means an increase in terror, then isarel has an obligation to do so. the palestinians in effect voted to push israel in the sea, so israel has a humanitarian obligation to put obstacles in their way.
and fall od Israel
And Natanyahu is telling the Arab World he wants peace?? And Israel will have to make big sacrifices?? UMMMM!
Like Arafat talking to the US in English, Netanyahu won't say those things in Hebrew or to Israelis. Netanyahu wouldn't say those things to Congress either.
The Palestinian side finally saw the truth. There has never been a genuine peace partner interested to end the occupation and grant the Palestinians their genuine rights on their lands. Because in every round of "negotiations", Israel raises further the "compromise" demands so it can annex more facts on the ground, facts it so casually calls "population centers", "neighborhoods", "naturally grown populations" as if these settlers are legal or even accepted by any other nation. Word of advice: recognize Palestine on 67, East Jerusalem as the mandatory state of any such state which must be contiguous, Jordan Valley is nonnegotiable, then we can get somewhere.
"Their lands"?? It was never theirs.
Perhaps if Palestinians would have accepted to negotiate, Israel would stop taking unilateral actions just like they do. On the other hand, had the Palestinians accepted the UN resolution in 1948, they would have had even more land than Israel.
Especially with Islam involved? Islam is so insecure it can not co-exist with any other ideas so it seeks to destroy them. How on earth do you one staters think a one state will work , especially with a religion so secure in itself as Judiasm (or indeed Christianity)?
All of AMERICA is a settlement that was stolen from people who had been on their land thousands of years. Europeans are interlopers in the America - both North and South. The Jews are the native people of Israel, Judea and Samaria. They cannot steal what has always been theirs. Too many crocodile tears for the Pals who can live anywhere in the huge land mass controlled by the Arabs. A Palestinian Arab nation has never existed. The idea of a Palestinian Arab only has meaning in their fight with the Jews for control of the land. Same story has been played since the Crusades.
The Jews do seem to be originally from this land. But several genetic studies have confirmed that, for example, Ashkenazi Jews and Palestinian Arabs are genetically closer to each other than to other European and other Arab populations, respectively. So they are also of this land. The choice is to divide it and share it, or create one state for both peoples - with democracy. The arg
The jews are merely one of the semitic tribes of the area, there are and remain others. You are of course aware that david took jerusalem by force.
Why doesn't the UN STOP them!
Most notably the Libyan and Syrian problems who don't envolve stupid land problems, but actual killing of lives...
.
Since Likud is bound and determined to prevent a separate state, voting rights and citizenship for the occupied should be the goal. Maybe Likud will change its mind faced with minority status.
Time to clamp the thumbscrews down hard on Israel, and the hell with any US vetoes...which can be circumvented according to Resolution 322!
Invented by the US to circumvent Russian vetoes in the UNSC
Don't talk rubbish !
from this action would be single state. I suspect that the IDF may not have thoroughly thought through the logical outcome of their actions - as usual.
'regrettably'. Why would a genuinely democratic, inconclusive state be regrettable?
The take over of the West Bank has been carefully planned . The question is what happens when the music stops ? The extended Israel will have to absorb how many Palestinians and how many 'Cantons will be connected to a highway to Jordan ? The aim is to split the Palestinian population before making the 'new ' one state with no Gaza and 60% of the West Bank . This will be unacceptable to us Palestinians and the problem will persist , and the 40% of the WB would want the vote in Israel ( there is the miscalculation on behalf of ALL Israeli governments )
Just Israeli business as usual. Israel's policy toward the Palestinians has been the same for more than forty years. It can be described in three words: Slice and dice.
If Israel must legally annex, it is not yet Israeli. If it is not Israeli./Lebanese/Syrian/Jordanian/Egyptian, it is Palestinian. Israel should simply get the hell out of Palestine, take it's vile illegal settlers, take it's invalid Israeli Civil Laws, take it's arrogance, take it's greed, take it's stupidity and simply go live wholly IN Israel for the first time in 63 years
What Palestine is you rambling about?
According to the Partition Plan, Israel would receive much of the Shomron.
and Israel's presence is not illegal. The land is "disputed" and Israel is fully and legally entitled to control it until a negotiated solution is reached. One thing for sure is that it is not Palestinian land until this is agreed by both parties. Israel took it from Jordan and Egypt not Palestine. There has never been any Palestinian legal authority over that land and that is a fact. Check out the legal status and you will see that Israel has not stolen any land from them.
Not an iota of land belongs to the Palis. Not an iota !
... pity! Instead you waffle on in complete ignorance
But no one disputes that Israel lacks a valid (legal) claim to the land (except Israeli ideologues). Israel was created by UN resolution that specified two states, and this has never been rescinded.
this will be excellent move , this way will be no place for Palestine state , then one state for all , nablus =yafa ,, ramalla = haifa ,, jenin = nazra
And i would LOVVVVVVVVVVVVE to see that. Personally i would like to see the 2 state solution, but if not...... Annex all you can = Jewish state of Israel is finished. The funniest thing about this is....what is Israel going to do with all the arab citizens if they annex everything ? Deport them ?
We have already seen the result of handing over land to entities hostile to Israel. It has led to increased terrorism, increased violence and increased threats of war. The examples we have so far are South Lebanon, OSLO, and Gaza. In all three cases violence increased. By bringing more Jewish communities into the Israel fold permanently we will decrease violence and increase the chances for a lasting peace.
Oh.....how that came to be....what a surprise.... I'm sorry, but if Israel behaves like an elephant in a china shop.....no wonder....
No Chaim, that is a sure fire way for never ending hate and war, but what do you care, it won't be you or your kids on the front line.
Judea and Samaria is the ancestral home land of the Jews.
You want to claim this land as ancestral, but the majority living in these lands for the last two thousand years are not Jews, but arabs. They may not have been first on the land, but they certainly have been living there as a majority continuously for far longer than Jews or Zionists.
Surely you do not beleive the load of BS you just wrote... Ancestral land of who? Lieberman - Moldova? Netanyahu - Poland? Whos ancestral land is it tell me? theirs or mine? I was born in palestine and so was my father my mother their parents and their parents as far back as any written memory goes. Your Torah means nothing to me same as it means nothing to 99.9 percent of the world and same as Quran means nothing to you. Dont lie about ancestral land, noone ever believed that lie in the past and noone is ever gonna believe it now. Salem
Well said. We need more such posts to counter the hate generated in Israel's direction.
It is perhaps unfortunate that things change over millennia, but they do. The "ancestral" home argument has always been Israel's weakest legal leg to stand on. Many places have changed hands over time (especially thousands of years). The smartest people simply adapt to this as best they can.
Get set... Land graaaaaaaaaaaaaab!
What territorial contiguity? Has anybody noticed that there is no such thing as territorial contiguity in Palestine? There's a sliver of land called the Gaza Strip and a cluster of dwellings called the West Bank with Israel in between the two. Obviously, even that is too much for Israel to handle.
There is no Palestine. There is Palestine Territory.
Everyone recognizes that the West Bank is not Israeli, except Israel. They simply have no incentive to do this - which is not a statement of approval, simply fact. Eventually this will result in partition, or pressure to form a single state. Wailing about it in internet forums will do nothing. The smartest thing is to recognize the real circumstances you face, and adapt.
Now, that's peace even I can believe in.
The worst part of all this land theft is that the US (and Canada) condones it.
What land theft?
That is good bye to Israel. One state is the way to go!