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The Road to Dispossession a Case Study - the Outpost of Adei Ad

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The Road to Dispossession a Case Study - the Outpost of Adei Ad The Road to Dispossession A Case Study - The Outpost of Adei Ad February 2013 THE ROAD TO DISPOSSESSION A CASE STUDY - THE OUTPOST OF ADEI AD February 2013 Research and writing: Ziv Stahl Editing: Lior Yavne Information coordination and research assistance: Roni Pelli, Azmi Bdeir Writing assistance: Atty. Shlomy Zachary Legal advice: Michael Sfard Law Office, Atty. Ishay Shneydor Aerial imagery analysis and cartography: Shai Efrati Language editing: Yasmine Halevi Graphic design: Yehuda Dery Studio Cover photo: Oren Ziv Photographs in the report: Yesh Din, Oren Ziv English translation: Shoshana London Sappir English editing: Shaul Vardi Yesh Din would like to thank Hagit Ofran for her help. Public Council: Akiva Eldar, Shulamit Aloni, Dan Bavly, Michael Ben Yair, Ruth Cheshin, Yehudit Karp, Paul Kedar, Colonel (Ret.), Prof. Uzy Smilansky, Joshua Sobol, Zeev Sternhell, Yair Rotlevy. Yesh Din Volunteers: Rwan Abu Moch, Rachel Afek, Dahlia Amit, Hanna Aviram, Maya Bailey, Hanna Barag, Osnat Bartor, Ruth Ben Shaul, Rochale Chayut, Dr. Yehudit Elkana, Gal Goldstein, Tami Gross, Avner Harari, Dina Hecht, Niva Inbar, Tamari Kadman, Daniel Kahn, Edna Kaldor, Nurit Karlin, Ruthie Kedar, Joel Klemes, Judy Lotz, Aryeh Magal, Sarah Marliss, Maya Oron, Noam Peled, Rina Plesser, Nava Polak, Dr. Nura Resh, Yael Rokni, Maya Rothschild, Idit Schlesinger, Dr. Hadas Shintel, Ilana Meki Shapira, Dr. Tzvia Shapira, Ayala Sussmann, Sara Toledano, Ruth Weiss Zuker. Staff: Shada Aamer, Firas Alami, Hila Aloni, Noa May Amrami, Yudit Avidor, Muhannad Anati, Azmi Bdeir, Atty. Anu Deuelle Luski, Haim Erlich, Atty. Adar Grayevsky, Moneer Kadus, Atty. Avisar Lev, Alex Liport, Reut Mor, Connie M. Varela Pedersen, Roni Pelli, Atty. Emily Schaeffer, Atty. Michael Sfard, Atty. Muhammad Shuqier, Ziv Stahl, Daniel Tsal, Lior Yavne, Atty. Shlomy Zachary. Yesh Din’s activity in 2012 was made possible thanks to the support of the Netherlands, Belgium, United Kingdom, Norway, Ireland, European Union, The Civil Conflict Resolution Programme of the Institute for Foreign Cultural Relations (Germany), The Norwegian Refugee Council, Oxfam Novib, Foundation Open Society Institute, The Moriah Fund, Catholic Agency for Overseas Development (CAFOD)(UK) and individual donors. Yesh Din bears full responsibility for the contents of this publication. Yesh Din – Volunteers for Human Rights © All rights reserved by Yesh Din – Volunteers for Human Rights, Tel Aviv 2013. 2 THE ROAD TO DISPOSSESSION CONTENTS PRINCIPAL FINDINGS 7 INTRODUCTION 11 METHODOLOGY 13 CHAPTER 1: LEGAL BACKGROUND 15 THE DUTIES OF THE OCCUPYING POWER 15 International humanitarian law – the laws of occupation 15 International human rights law in a territory subject to belligerent occupation 17 Israeli administrative and constitutional law 20 THE DUTY TO ACT AS AN ADMINISTRATOR OF THE OCCUPIED TERRITORY 23 BACKGROUND TO THE ESTABLISHMENT OF THE OUTPOSTS 24 Land law in the West Bank 24 The phenomenon of outposts 27 CHAPTER 2: THE failure OF LAW ENFORCEMENT IN THE WEST BANK 31 CHAPTER 3: THE estaBLISHMENT OF ADEI AD 36 OUTPOSTS AND SETTLEMENTS IN THE AREA 36 THE FOUNDING OF THE OUTPOST 39 3 AID FROM GOVERNMENT AGENCIES TO ESTABLISH ADEI AD 44 ADEI AD'S EXpansiON OVER THE YEARS 56 Agricultural invasion 57 Building roads 65 Neglect of public land for the private use of the residents of the outpost 66 ACTIONS TO EVACUATE STRUCTURES IN ADEI AD OVER THE YEARS 69 CHAPTER 4: THE FAILURE OF LAW ENFORCEMENT AGAINST ILLEGAL CONSTRUCTION AND LAND taKEOVERS 74 NON-ENFORCEMENT OF DEMOLITION AND STOP WORK ORDERS IN ADEI AD 76 NON-ENFORCEMENT OF EVACUATION ORDERS AGAINST AGRICULTURAL INVASIONS 81 REFRAINING FROM ISSUING A DEMARCATION ORDER FOR THE AREA OF THE OUTPOST 87 NON-ENFORCEMENT IN THE FIELD OF PLANNING AND BUILDING: RESULTS 88 CHAPTER 5: FAILURE OF LAW ENFORCEMENT UPON ISRAELI CITIZENS WHO COMMIT CRIMINAL OFFENSES AGAINST PALESTINIANS 90 CRIMINAL OFFENSES AGAINST PALESTINIANS IN THE AREA OF ADEI AD 93 (NON) FILING OF COMPLAINTS TO THE POLICE 95 INVESTIGATIONS OF OFFENSES AND THEIR RESULTS 98 INVESTIGATION FAILURE - SELECTED EXAMPLES 101 NON-ENFORCEMENT AGAINST CRIMINAL OFFENSES: RESULTS 117 4 THE ROAD TO DISPOSSESSION CHAPTER 6: THE RAMIFICATIONS OF THE OUTPOST AND OF THE ENFORCEMENT failureS ON THE RESIDENTS OF THE VILLAGES 119 TURMUSAYA 126 AL-MUGHAYER 130 JALUD 136 QARYUT 141 SUMMary 144 RESPONSES 151 APPENDICES 160 5 LIST OF AERIAL PHOTOS APPEARING IN THE report Photo No. 1: The Shilo area – general overview Photo No. 2: Houses standing on privately-owned Palestinian land, and the circumference path of the Adei Ad outpost, which traps additional private land inside it Photo No. 3: Adei Ad in 1999 Photo No. 4: Adei Ad in 2002 Photo No. 5: Adei Ad in 2003 Photo No. 6: Adei Ad in 2010 Photo No. 7: Privately owned Palestinian land near Adei Ad cultivated by Israeli citizens Photo No. 8: Roads built in the area of Adei Ad, 1998-1999 Photo No. 9: Roads built in the area of Adei Ad, 1998-2010 Photo No. 10: Access to agricultural land of the villages Turmusaya, Al-Mughayer, Jalud and Qaryut, February 2012 Photo No. 11: The place of the occurrence of offenses committed by Israeli civilians against Palestinians in the area of the Adei Ad outpost by year Photo No. 12: Access to agricultural land – Turmusaya and al-Mughayer Photo No. 13: Access to agricultural land – Jalud and Qaryut 6 THE ROAD TO DISPOSSESSION PrincipaL FINDINGS Some 100 outposts illegal Jewish settlement points have been built to date in the West Bank. In this report, the outpost of Adei Ad serves as a case study explaining how the foundation and establishment of an outpost leads the farmers in the nearby villages to lose their ability to work their land. The observation of a single outpost helps understand the general phenomenon and the use of the outposts as a means to take over Palestinian land. In the fall of 1998, a handful of Israeli civilians invaded Hilltop 799 next to the villages of Turmusaya, al-Mughayer, Jalud and Qaryut, and founded an outpost that would later be called Adei Ad. Even though it was founded illegally and without government permission, government bodies and ministries helped establish Adei Ad in different ways, and some of them continue to support it today. Especially noteworthy is the involvement of the Settlement Division of the World Zionist Organization a body responsible on behalf of the government for the founding and establishment of Israeli settlements. The division's activity is under the responsibility of the Prime Minister's Office and is fully funded by the state budget. This report reveals that the land allocation the Settlement Division received from the Supervisor of Governmental and Abandoned Property is not legally valid, and that the Settlement Division has no status at all in the land it allocated and continues to allocate to Adei Ad. In the 14 years of Adei Ad's existence Israeli civilians have committed and continue to commit dozens of offenses criminal and administrative on the grounds of the outpost and on the land surrounding it. The agencies responsible for law enforcement in the West Bank fail to perform this function adequately. The enforcement failure is shared by the IDF, which is responsible through the Civil Administration for enforcement against the administrative offenses that include illegal construction and invasions of agricultural land; and the Samaria & Judea (SJ) District Police, which is responsible for enforcement against criminal offenses including violence, property offenses and the takeover of land. The SJ District Police is obligated to act to prevent crimes, locate offenders and complete investigations so that they lead to serving indictments against suspects. The foundation of the outpost with its houses, public structures, paths and gardens involved essentially criminal acts: establishing a settlement in the West Bank without the permission of the political echelon, without delineating the jurisdiction of the settlement by an order 7 issued by the Commanding Officer of the Command, and without a detailed plan by virtue of which building permits can be issued, and consequently, without building permits having been issued for any of the structures in the outpost. There are 57 structures in Adei Ad - Thirteen of them are on unregistered private Palestinian land and the rest on public (state) land; all were built without building permits. The outpost is currently home to 26 families; since it was founded, the area within the circumference road around the outpost has grown by a factor of almost 30. Other areas around the outpost which were previously cultivated by Palestinian farmers have been taken over by Israelis who planted vineyards and other crops in them. To facilitate access to and from the outpost, roads were built around it. From the time it was founded in 1998 until 2011, the Civil Administration issued 81 demolition orders against structures and work on its grounds. The vast majority of the orders were not enforced, and the outpost is intact. The Head of the Civil Administration also signed an order to evacuate an agricultural invasion of a privately owned Palestinian plot, but the order was never implemented. The owners of the plot petitioned the High Court of Justice with Yesh Din s help against the non-enforcement of the order. No evacuation orders were issued against other agricultural invasions. Besides the administrative offenses on the grounds of the outpost, criminal offenses have been committed against Palestinians and their property around the outpost since it was
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