Land Research Center

Violation: Cutting and destroying 300 olive saplings

Location: Jurish village/ South of Nablus

Date: March,25^th 2025

Perpetrator:’ Majdolem’ settlement

Affected party: Two farmers, Shaker Atiya Al-Najjar and Yasser Radi Ata

Details:

On Tuesday, March 25th  2025 , a group of settler from’ Majdolem’ settlement raided Jourish village located on southeast of Nablus, especially in ‘ w’arat Hija’ area located to the northeast of the village, they took advantage of the absence of farmers to carry out a new attack - and targeted a plot of land located one meter away east of the village with total area of 8 dunams planted with 400 olive saplings,They completely destroyed 300 olive saplings.

Below are the names of the owners of the impacted facilities and information about them:

 Farmer Shaker Al-Najjar told LRC researcher the following:

‘’ I own a piece of land that I inherited from my father and my ancestors, located east of the village and nearby bypass road no.60. Two years ago I planted it with olive and almond trees. However, the settlers uprooted all the saplings that were planted.’’

He added: 

At the end of 2024, I replanted the land, about 400 olive sapling (aging 2 years old) with my partner, Yasser Radi Ata, and I brought 4 water tanks with aim to save irrigation water, I used to check on the land and the saplings almost daily, Although I noticed the movement of settlers near my land, I didn’t pay them attention.

‘’On Tuesday afternoon, March, 25 2025, while heading to my land as usual, I noticed that = the saplings were destroyed and completely cut by the settlers using sharp tools then I immediately told the village council and the Ministry of Agriculture, and I know very well the settlers who are responsible on this attack , because they are the only ones who would want to harm the land , and they are always at the location.”

It is worth mentioning that the field research team at LRC documented in previous time that the occupation closed off the agricultural roads in Jurish village, as the settlers’ action there, that threats the agricultural sector in the village.

About Jourish:[1]

The village is founded to the southeast of Nablus and 27 km away from it,It has a total built-up area of 320 dunums. As for the surrounding villages, there are Aqraba, Qablan, Majdal Bani Fadil, and Qusra, The area is famous for grains, fruits, and olive plantation.

The total area of the village including Kfra Atia village, located east of it, is 8200 dunums and according to the Palestinian central bureau of statistics, populates around 1514 people who depend on a water spring founded in the place to supply their needs.

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

 Show the attacks on farmers in Jourish village