Violation: Cut and vandalize 400 olive trees.

Location: Jaloud village, south Nablus.

Date: March, 12^th 2025.

Perpetrators: Settlers from Yash Kodesh.

Affected party: 8 farmers from Haj Mohammad family.

Details:

On Wednesday afternoon, March, 12^th 2025, Jaloud village located south Nablus witnessed a new attack by settlers from Yash Kodesh settlement, they targeted al Mazroa area- Natural block no.15 located within southeast Jaloud village. 

It’s worth mentioning this area just 250 meters away from colonial outpost, and farmers can’t access because of the War on Gaza.

According to village council accords, the damage included cut olive trees, so according Ministry of agriculture accords in Nablus governorate, the number of affected trees is amounted 406 olive trees aging 35 years.

The table below shows the damage in details according Ministry of Agriculture in Nablus:

The affected farmer Mohammad Haj Mohammad told to the LRC researcher as follows:

‘’Al Mazroa area witnessed several attacks by settlers over past years, since the War on Gaza, we couldn’t access and checking up our lands, when we approach the area the shout fire to us, we contact with Palestinian liaison office to collect our crops during olive season in 2024, we couldn’t access the land, noted that these targeted plots planted with olive trees, which were a main source of olive oil for the resident of the village over past years.’’

He added:

‘’Recently, more than 25 settlers, equipped with sharp electric tools, as they cut the branches of trees, we couldn’t reach because of the occupation forces who provides the protection to his settlers. We informed the Civil Liaison and the police of occupation, until now we haven’t been allowed to access the land due to the army’s refuse.’’

It’s noted that what settlers are doing constitutes a major crime against the agricultural lands with aim to empty the land from its residents spanning 200 dunams and near the colonial outpost in order to facilitates full of control over them, that causing a real environmental threat.

It’s noted that Jaloud Village suffers from the existence of seven settlement and colonial outposts on its lands, as the settlers chase the residents as the agricultural lands have become non- existent and all the lands that farmers try to plant it settlers come and cut the trees again.

The field researcher documented several numbers of settlers’ attacks over past years, these attacks focusing on burning trees and damaging different field crops.

About Jaloud:

Jalud is located 29km to the southeast of Nablus city and is edged by Qusra village from the northeast,  Qaryut village from the west, Yesh Kodish and Ahya outposts  from the east and Shilo colony from the south.

Its population mounts up to 598 people (2014 census). Jalud's total land area is 22,473 dunums, of 80 dunums are considered the village's built-up area.

Israeli colonies confiscated 2227 dunums from Jalud lands. Shilo colony that was established in 1978 confiscated 640 dunums from the village. Mizpe Rahel colony and other outposts namely (Yesh Kodish, Ahya, Eli, Adi Ad and Kida) are founded on confiscated lands from the village.

Bypass roads confiscated around 436 dunums from the village.

The lands of Marda are classified according to Oslo Accords as the following:

• 5541 dunums (25%) are classified as area B.
• 16932 dunums (75%) are classified as area C.

Legal Commentary: 

The Palestinian environment, in general, is subjected to numerous environmental violations by the Israeli occupation, disregarding all international and national laws and conventions related to the protection of environmental rights. The right to live in a clean and healthy environment is a fundamental human right that has been inherent to mankind since the beginning of creation. The occupation often attempts to present itself as being concerned with international environmental issues, despite having signed major environmental protection agreements, such as the Basel Convention in 1989, the Rotterdam Convention in 2008, the Stockholm Convention in 2001, and the Ramsar Convention in 1971, as well as air quality and climate protocols. Nevertheless, Israel continues to violate all of these treaties without accountability or oversight.

In addition to the provisions regarding the right to enjoy a clean and healthy environment for all those under military occupation according to international laws, conventions, and treaties, such as the International Covenant on Economic, Social, and Cultural Rights, adopted by the United Nations General Assembly in Resolution 2200A (d-21) on December 16, 1966, in Article (1), paragraph (2): "...All peoples, in pursuit of their own objectives, have the right to freely dispose of their natural wealth and resources without prejudice to any obligations arising from the international economic cooperation based on the principle of mutual benefit and international law. In no case shall a people be deprived of its means of subsistence...".

Undoubtedly, the violations carried out by the Israeli occupation contradicts with the laws of the occupation state itself before any other laws. Referring to the details of this case, the Israeli Penal Code of 1977 and its amendments stipulate that trespassing on someone else's property to commit a criminal act punishable by law is an offense. By reading Article 452 of the Israeli Penal Code, we find that the law punishes those who commit an offense or cause damage to property such as (a water well, a water reservoir, a dam, a floodgate, planted trees, a bridge, a tank, or a water cistern) with a penalty of five years imprisonment.

In addition to, Article 447 of the Penal Code states: "Anyone who does any of the following with the intent to intimidate, insult, or harass the property owner or commit a crime shall be punished by imprisonment for two years:

(1) Enters or crosses the property;

  (2) After entering the property legally, remains there unlawfully.

(b) A crime is committed under this section if the offender carries a firearm or a cold weapon, and the punishment is imprisonment for four years."

By reading the text of this article, we find that the Israeli Penal Code criminalizes the mere act of entering someone else's property without permission, with the intent to insult, harass, or intimidate, and punishes this act with two years of imprisonment. The punishment increases to four years if the offender commits any act on someone else's property using a weapon or a sharp tool, referred to as a "cold weapon." This is explicitly criminalized in the text of Article 447 of the aforementioned Israeli Penal Code. Additionally, a penalty of 5 years imprisonment is imposed on those who cause damage to property mentioned in Article 452. Therefore, the violator, the "settler," should face a compounded violation: the first for entering a property that is not theirs, and the second for trespassing on and cutting down the planted trees, resulting in environmental harm.

Therefore, the Israeli aggressor blatantly violates both international laws and treaties, as well as the internal laws of the "occupying state," in a clear violation. Consequently, the "Israeli judiciary" must hold the settlers accountable and punish them for these actions based on the provisions of their own laws. However, there is no legal accountability for the aggressors by the Israeli judiciary. Despite this, every human being on this earth has the right to live in a clean, healthy, and safe environment, free from any violation or aggression against it.

مشروع: حماية الحقوق البيئية الفلسطينية في مناطق "ج" SPERAC IV - GFFO

Disclaimer: The views and opinions expressed in this report are those of Land Research Center and do not necessarily reflect the views or positions of the project donor; the Norwegian Refugee Council.

إخلاء المسؤولية: الآراء ووجهات النظر الواردة في هذا التقرير هي آراء ووجهات نظر مركز أبحاث الأراضي ولا تعكس بالضرورة وجهات نظر أو مواقف الجهة المانحة للمشروع؛ المجلس النرويجي. للاجئين