Pillage of the Dead Sea

PILLAGE OF THE DEAD SEA: ISRAEL’S UNLAWFUL EXPLOITATION OF NATURAL RESOURCES IN THE OCCUPIED PALESTINIAN TERRITORY PILLAGE OF THE DEAD SEA: ISRAEL’S UNLAWFUL EXPLOITATION OF NATURAL RESOURCES IN THE OCCUPIED PALESTINIAN TERRITORY Al-Haq - © All Rights Reserved 2012 Al-Haq P.O.Box: 1413 Ramallah. Palestine Tel: +972 (2) 2954646/7/9 Fax: +972 (2) 2954903 Email: [email protected] www.alhaq.org AL-HAQ Acknowledgements The authors would like to thank Dr. Alessandra Annoni, Valentina Azarov, Grazia Careccia, Lina Fattom and Authors: Claudia Nicoletti and Anne-Marie Hearne Mercedes Melon for their insightful and constructive Cover photo: Glimpse of the shores of the Dead Sea in the occupied Dead Sea area – July 2012, Al-Haq© comments during the drafting process. Special gratitude ISBN: 978-9950-327-34-4 Design Hamza Dado goes to Al-Haq’s staff for their assistance in preparing Publisher: Al-Haq - © All Rights Reserved the report, in particular Roy Abbott, Elisabeth Koek and Thomas Palmer. Any errors are those of the authors alone. Any quotation of up to 500 words may be used without permission provided that full attribu- tion is given. Longer quotations or entire chapters or sections of this study may not be repro- duced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored on any retrieval system of any nature, without the express written permission of Al-Haq. AL-HAQ 2012 TABLE OF CONTENTS I. Executive Summary ........................................................................................................................................... 8 II. Glossary .............................................................................................................................................................. 11 1. Introduction ............................................................... ....................................................................................... 12 2. History ................................................................................................................................................................. 13 3. Israel’s Method of Land Appropriation in the Dead Sea Area ............................................................... .. 14 4. Effects of Israel’s Building Restrictions, Closure Policies and Settlements in the Occupied Dead Sea Area ........................................................................................................................................................................... 18 5. The Geographical, Mineral, Climatic Features of the Dead Sea and its Natural Resources ............... 20 6. Misuse, Abuse and Overuse of Natural Resources in the Dead Sea Area ........................................... 23 7. Legal Analysis .................................................................................................................................................... 25 7.1 International Humanitarian Law .................................................................................................................... 25 7.1.1 The Use of Public Property and The Rule of Usufruct ........................................................................... 27 7.2 Palestinian Right to Self-Determination and Right to Permanent Sovereignty over Natural Resources .......... 31 7.3 Pillage ............................................................................................................................................................. 33 7.3.1 Alleged Individual Criminal Responsibility of Israeli Settlers ................................................................. 33 7.3.2 Israel’s State Responsibility ................................................................................................................... 35 7.3.3 Third-Party Responsibility .................................................................................................................... 36 8. Conclusion and Recommendations ............................................................................................................ 38 View of the Dead Sea in the Occupied Palestinian Territory – July 2012, Al-Haq© Map: The occupied Dead Sea area. The different coloured areas show the classifications assigned to Palestinian land in the area and the extent of land appropriated by Israel and closed to Palestinian use - Al-Haq© For the purpose of this report, the occupied Dead Sea area refers to the territory south of the city of Jericho and that extends along the western shores of the Dead Sea until the 1949 Armistice Agreements Line, also known as the Green Line. In the west, the border runs along the eastern Coastal view of the Dead Sea in the Occupied Palestinian Territory – July 2012, Al-Haq© slopes of the West Bank mountain ridge. 6 7 occupied Dead Sea area, Al-Haq calls on In light of the current debate at the the Israeli authorities to immediately stop European level on the legality of settlement the pillaging of the Palestinian natural products and on the possible legal I. EXECUTIVE SUMMARY resources, including when committed implications arising from their trade in the by private individuals, and to provide European market, Al-Haq demands the EU The Dead Sea area is the lowest point in a way that undermines their capital measures of restitution and reparation to to strengthen its efforts to ensure that its on Earth and the world’s saltiest body of and results in economic benefits for Israeli Palestinian land owners and Palestinian neighbouring countries, which participate in water. It is renowned for its distinctive citizens, including settlers, or for its national communities that comply with international the European Neighbourhood Policy (ENP) geographical, mineral and climatic features economy. legal standards. In addition, Israel should framework, comply with their international and is rich in natural resources. The wide halt the concession of substantial financial legal obligations, as well as assuring that variety of minerals present in the area Israel’s practices in the occupied Dead incentives to the settlements and settlers in the European trade policies and preferential permits the development of profitable Sea area represent blatant violations of the occupied Dead Sea area and withdraw trade schemes concluded by its member cosmetic industries and raw materials, such its legal obligations under international the mud mining permission granted to States do not contribute to the perpetration as silt, sand, gravel and mud, are regularly humanitarian and human rights law, since Ahava Dead Sea Laboratories Ltd. at once. of violations of international humanitarian extracted for these purposes. they favour Israeli economic interests while and human rights law. denying the Palestinian people their right to In consideration of Israel’s breaches of Since 1967, Israel has unlawfully appropriated self-determination. The latter is considered peremptory norms of international law, The EU should develop firm regulations vast portions of Palestinian land in the a peremptory norm of international law, such as the violation of the Palestinian right and procurement guidelines as regards occupied Dead Sea area primarily to that is to say a norm that is binding on all to self-determination, third-party States the purchase of Dead Sea products by establish settlements and through these States and from which no derogation is must abide by their legal obligations under the public sector, and adopt restrictive exerting a firm control over the region, permitted. international law and ensure that Israel’s measures on the import of Israeli products including over its natural resources. Through violations do not remain unpunished. In originating from settlements, because of the the implementation of harsh restrictions By granting substantial financial benefits addition, the High Contracting Parties serious violations of peremptory norms of on planning and movement, the Israeli to the settlers living in ‘Mitzpe Shalem,’ to the Geneva Conventions must ensure international law that settlements and their authorities have severely hampered the ability as well as by licensing Ahava Dead Sea Israel’s respect of the Conventions by taking related infrastructure entail. Furthermore, of Palestinians to use and access their land Laboratories Ltd., 44.5 per cent of whose concrete measures to pressure Israel to the EU should ensure that appropriate and other natural resources in the region. The shares are owned by the settlements of bring to an end its violations of international safeguard clauses, or mechanisms, presence of settlers who directly utilise and ‘Mitzpe Shalem’ and ‘Kalia,’ to mine and humanitarian law and must refrain from are included in EU-Israel cooperation profit from the Dead Sea wealth has severely manufacture products that utilise the mud providing any form of assistance to such instruments in order to guarantee that only exacerbated this situation and contributed to extracted from the occupied Dead Sea area, violations, including by maintaining Israeli entities with headquarters, branches the over exploitation of the area, resulting in Israel is openly in violation of its obligations business relationships with economic actors and subsidiaries registered and established severe environmental damage. as an Occupying Power in the OPT, because allegedly involved in pillage in the occupied in Israel, and conducting activities in Israel it is encouraging and facilitating the Dead Sea area. proper, are able

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