2025-02-11
Settlers of ‘’ Eli ’’ partially burn a greenhouse in Qaryut, south of Nablus
Violation : Partially burn a greenhouse in Qaryut, south of Nablus
Location : Qaryut village, located south of Nablus
Date : February, 11th , 2025
Perpetrating party : ‘’ Eli ‘’settlement
Affected party : Farmer Sabri Rateb Asmar Alboom
Details :
‘’On Tuesday, February, 11th , 2025, during the early hours of dawn, specifically around 1:00 am. a group of settlers set fire to a one dunam of agricultural greenhouse, located in ‘ Sahal al Marj’ area, southwest of Qaryut village, south of Nablus. The greenhouse, which was planted with tomatoes and torched using tools by settlers, who are believed to have come from’ Eli ‘settlement.’
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show the effects of greenhouse burning
It is noted that the rainy weather in the area significantly contributed to preventing the fire from spreading completely, thus only the western part of the greenhouse was partially burned. Additionally, there was partial damage to the seedlings, and 20 meters of irrigation networks with a quarter- inch were damaged.
The greenhouse that was burned belongs to the farmer Sabri Rateb Asmar Alboum (52) years, who supports a family consisting of 11 members, 3 of them are males and 8 of them are females ,with two of the members having special cases.
Farmer Sabri Rateb Asmar Alboum told LRC the following :
‘’ I rely on agriculture as my sole source of income to support my family , including my mother and two sisters. I live 500 meters away from the agricultural greenhouse. On Tuesday morning, I woke up to the glow of fire burning in the greenhouse, so immediately headed towards it. Several farmers were with me, and I saw a group of settlers with a private car heading from the greenhouse towards ‘’Eli ‘’ settlement via an agriculture road. There was also a presence of the occupation army at a nearby watchtower, but they didn’t take any action. The damage was partial, as Allah’s protection and the cold, rainy weather helped to prevent the fire from spreading.’’
It is mentioned that Qaryut village has been and continuous to be directly targeted by the occupation. On its lands, there are several Israeli settlements that daily and continuously encroach upon its territory, in addition to archaeological sites that have been closed off by Israeli occupation.
According to field research records from October 7th until today, Israeli occupation has implemented a number of Judaization plans that affect the agricultural sector in the village. Among the most prominent of these plans is preventing farmers from accessing 3400 dunams of village’s land, with the aim of cultivating and harvesting olive crops. These lands are primarily located in areas where settlements are established on the village’s land, directly controlling 1400 dunams. Additionally, there are 2000 dunams that no farmer has been able to access for nearly a year. Most of these plots are located in the natural basin number (1) of the village’s land, specifically in the areas of Khallet Btaisha , Alkhawanq , Alsan’a , Alforn , Alsahlat, Hareeq Alsharq , Alsahal alsharqieh. As a result more than 32000 olive trees have not been harvested by over 70 families from village. These trees were a significant source of income for those families.
The field research team at LRC, has documented, five years ago, including 2024 year, the Israeli violation against the land, construction, building, and Palestinian environment in Qaryut village:
The demolition of 17 home, leading to the internal displacement of 70 individuals, including 42 children and 35 women.
The occupation threatened to demolish 18 structures and facilities .
The occupation and its settlers attacked 1007 trees , 90% of which were olive trees.
The occupation and its settlers attacked 355 dunams of land ( through burning , bulldozing, destruction , and flooding with wastewater- the settlements of Shilo, Eli, and Shvut Rahel pump their wastewater towards the village.
The settlements of Shilo , Eli, and Shvut Rahel ,are expanding at the expense of the lands of Qaryut village. Additionally, three colonial outpost have been established on the village’s land.
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.
Related Links :
مشروع: حماية الحقوق البيئية الفلسطينية في مناطق "ج" SPERAC IV - FCDO
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
