Justice Ministry: Israel can sell confiscated East Jerusalem land
Statement issued last week in response to rights group's official request for clarification.
By Akiva Eldar and Haaretz Correspondent Tags: Israel Justice Ministry Israel newsThe recent reform of the Israel Lands Administration allowing sale of leased land to private companies or individuals includes confiscated land in East Jerusalem and the Golan Heights, says the Justice Ministry.
The statement was issued last week in response to an official request for clarification from Adalah, Legal Center for Arab Minority Rights in Israel.
Hila Gilad Tenne, director of the ministry's human rights and international organizations department, wrote to the organization that Israel has the right to exercise its sovereignity over territories under jurisdiction, jurisprudence and administration. She noted that the amendment to the lands law passed in August 2009 was based on extensive consideration by a number of relevant authorities.
Adalah wrote to the ministry that selling assets in occupied territories constitutes, in fact, a complete and final confiscation from their original owners.
The organization reminded the ministry that this contravenes Article 147 of the Fourth Geneva Convention, which defines extensive appropriation of property not justified by military necessity as a grave breach of the convention.
The organization also noted Article 46 in the annexes to the 1907 Hague Convention states private property in territory under military authority must be respected and cannot be confiscated.
Writing for Adalah, attorney Suhad Bishara asked the Justice Ministry to prevent the transfer of ownership rights on land confiscated from Palestinians in East Jerusalem and the Golan Heights.
She argued that for an occupying power to use land is only allowed under the laws of war for immediate military needs. She said the Israeli legislator is not empowered, under the laws of war, to legislate on occupied territory.
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I referred to the Jewish possessions which were left behind and confiscated in Arab territory, in the years 1948-1972. See above: "Onesided justice is no justice." What you write about Israel and the Netherlands is untrue. The Arabs DID steal masses of land - all of Northern Africa and great parts of Asia which today are 'Muslim' once belonged to local nations and peoples - but they failed to permanently conquer the Holy Land aka Palestine. Oh, they would love to have it, therefore they have invented nonsensical stories such as the 'holiness' to Muslims of Jerusalem, which is a hoax concocted by Amin al Husseini in the '20s of last century. But, in fact, Jerusalem is NOT holy to Muslims - when in prayer on the Temple Mount, they pray with their BACKS to the Dome of the Rock. To summarize: the land of Israel is (much) more Jewish than Arab.
I referred to the Jewish possessions which were left behind and confiscated in Arab territory, in the years 1948-1972. See above: "Onesided justice is no justice." What you write about Israel and the Netherlands is untrue. The Arabs DID steal masses of land - all of Northern Africa and great parts of Asia which today are 'Muslim' once belonged to local nations and peoples - but they failed to permanently conquer the Holy Land aka Palestine. Oh, they would love to have it, therefore they have invented nonsensical stories such as the 'holiness' to Muslims of Jerusalem, which is just a hoax concocted by Amin al Husseini in the '20s of last century. But, in fact, Jerusalem is NOT holy to Muslims - when in prayer on the Temple Mount, they pray with their BACKS to the Dome of the Rock.
I see you live in the Netherlands where cannabis is legally sold, however, that doesn't mean that you have to smoke it. Since when did Arabs steal Israeli land? Admittedly the Romans annexed it 2,000 years ago, and they certainly owe any living victims of that behaviour an apology. I think that it's a little silly to claim ownership of something you left 2,000 years ago, especially when the only way to get it back would be massive crimes against humanity.
How shameful to actually enact law that legalises theft. No wonder Israel is becoming a pariah nation. It also quite amuses me the number of Israeli apologists who always argue the irrelevant. Instead of trying to justify theft or murder or whatever, they point to historical stories, or explain that no-one lives on it now, or that other people were also bad once.
Obligations to recognize RoR? I am afraid any such 'right' has long expired. In any case, such privilege would have to be paralleled by the equal right of Jews to return to their native Arab lands and properties. Of course, the Jews might prefer to remain in Israel and be compensated for their loss. In that case, the Arab nations should be willing to provide - as I have stated before - some $300 billion in money and a total territory four times the size of the state of Israel, all of which they have taken illegally and without pay. Do you see any such Arab concessions on the horizon? Frankly, I don't.
Good point. I heartily agree.. If they're successful and I hope they are, Israel will then adhere to it's obligations to recognize RoR (under which compensation is paid)....correct?
The Palestinians had nothing to do with the appropriation of Jewish land and properties. So why should justice be withheld from them because of things that happened in countries far away? Those Jews from Arab countries have been compensated as Israeli's with the Palestinian's land and properties. They were happy to make aliyah to their promised land, and they have lived there happily and in freedom. The Israeli's are getting enough money yearly from the US. Do they really need money from countries that are much poorer?
Israel acts with impunity as it has it's protection from the USA. The power of the US as the worlds sole superpower is diminishing and shall be usurped by China within the next 20 years. I wonder what Israel shall do when they have to face the wrath of the Arab nations for their belligerence without their protector.The Lebanon war exposed their troops as weak and reliant on overwhelming fire-power and technology for superiority. What shall they do when the USA has a different strategic agenda and the defence of Israel slips off the radar.
Do you have any paper in your hand that you can prove your accusation that Israel is confiscating PRIVATE owned property. Wake up boy no one is confiscating anything from Arabs. Israel is creating a newly cities on the lands there was no one before, either using or habitating. Who is the owner of these lands? I doubt that these are the Palies. Was there any established state before occupation on these lands. Is there any paper that shows it belongs to a private property like the from Ottoman Empire? NO. Israel takes this lands from Jordan who illegaly was occupating before 1967. Go on crying that this lands belongs to Palies. Aby
Of course, if there were an Arab willingness to apply ANY justice towards JEWISH claims of lost lands and property, things could be worked out in a different way. "The World Organization of Jews from Arab Countries, (WOJAC) estimates that Jewish property abandoned in Arab countries [in the years 1948-1972] would be valued today at more than $300 billion and Jewish-owned real-estate left behind in Arab lands at 100,000 square kilometers (four times the size of the state of Israel). The organization asserts that the Jewish exodus was the result of a deliberate policy decision taken by the Arab League." (Wikipedia)
"She noted that the amendment to the lands law passed in August 2009 was based on extensive consideration by a number of relevant authorities." Those tweaks are part of an intricate, well-planned game plan worked out by mental whizzes well before the elections that brought Likud to power. Watch out for those "amendments" to the basic law and see the big picture unfurl before you. We will have reason to remember this government coalition like no other before it.
It should not surprise anyone that the Israeli government believes the rules that apply to the rest of the world do not apply to them.
But then again, if the judge is your enemy, to whom do you complain????
B: "There is nothing more to say." I'll add something: anyone who buys such land is nothing more than a carpet-bagger. There is simply no way that either the Syrian govt or any future Palestinian govt would recognize the legitimacy of such "land sales". And nor should they, because such sales are clearly fraudulent. The only conclusion one can draw is that the Israelis think that whatever land they "sell" will become "Israeli territory" merely because it has sold by Israel to Israelis. It is in for a rude awakening, I suspect...
Adalah is absolutely correct i.e. while the laws of war allow an occupying power to REQUISITION land for its own needs, those same laws unconditionally prohibits the occupying power from CONFISCATING private property. Until now the Israelis can keep up a legal fiction that they are only taking possession of private property for matters of "security", and that the property can (in theory, anyway) be returned to the owner upon the signing of a final agreement that ends hostilities. But that fiction is blown away if the occupying power on-sells that land: that is clearly a CONFISCATION of private property. And that is, without question, a war crime.
Well, is anyone wondering why there is no peace? -I hope you still don't think that the arabs have to "recognize" israel, in order for there to be peace. I think the arabs have recognized Israel for what they truly are...a colonizer.
There is nothing more to say.