Violation: Cutting and vandalizing 70 olive saplings.

Location: Qarawat Bani Hassan/ Salfit governorate

Date: June, 21^th   , 2024

Perpetrators: Settlers

Affected Party: Farmer Hisham Abd al Razzeq Rayyan

Details:

A group of settlers, believed have to come from’’ Havat Ya’er’’ colonial outpost carried out an attack on the afternoon of Monday, June, 21,2024 , storming Bir Abu Ammar area, north of Qarawat Bani Hassan town. They attacked the land by cutting and destroying 70 olive saplings, planted in a piece of land with total area of 4 dunams, and owned to farmer Hisham Abd al Razzaq Rayyan, who supports a family of 6 members, including 3 females and a child.

Using of sharpen tools and saws were evident of cutting and destroying olive saplings.

The Affected farmer Hisham Abd al Razzeq Rayyan told LRC:

“I own a plot of land north of the town, which I take care of and plant regularly. Three years ago, I planted four dunams of the plot with Olive despite all the obstacles I had face from colonists and occupation violent harassments.’’

He added:

On Friday evening, I visited my land and I was shocked to find that the settlers had vandalized and cut down completely of olive saplings, this act was to prevent me from accessing my land. And to take control completely of it.  

It is worth mentioning that at the beginning of 2022, a large number of farmers from Deir Istiya, Qarawat Bani Hassan towns began rehabilitating their agricultural lands in Bir Abu Ammar area to protect their lands from Israeli ambitions. The farmers of the village were surprised from a force army arrived to the site and attempted to expel them several times under security pretexts, but the residents of the town refused the actions of the soldiers and insisted on continuing to cultivate and remain on their lands.

This incident was accompanied with vandalism against property in Bir Abu Ammar area, specifically over the past 4 years ago. Most of agricultural land were bulldozed and destroyed in Bir Ammar area, with demolition and sabotage of crops by the settlers. 

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