Violation: Damaging 100 olive trees.
Location: Huwwara , Yatta town/ Hebron governorate.
Date: May, 24th 2025.
Perpetrators: Settlers.
Affected party: Citizen Mohammad Ibrahim Al ‘Adra.
Details:
Settlers from colonial pastoral outpost attacked on a piece of land planted with olive trees belongs to farmer Mohammad Ibrahim Al ‘Adra in Huwara area, east Yatta, south Hebron governorate, they broke and damaged 100 trees and cut barbed wire around it and attacked on water cistern located on the land.
Huwara area is considered one of agricultural areas planted with olive and winter crops, located east Ad Deirat village and Karm’eel from the east, and a colonial pastoral outpost Shomon settlement from northeast.
Settlers own group of livestock in pastoral outpost and cattle in the citizen’s and farmers’ lands in (Huwara, Fateh sedro, Al-Zoudeen). They release their sheep in planted crops and trees and damaged them, as these lands considered a form of overgrazing and attacks practices on Palestinian lands.
About the attack on olive trees in the lands of Al ‘Adra family, citizen Mohammad Ibrahim Al ‘Adra (40 years old) told, who is the son of the landowner of the land as follows:
‘’My father owns in Huwara area a piece of land with total area 60 dunams, over the past 20 years, we established a water cistern- agricultural, as we put barbed wire around it, over past 15 years we planted a part of it with 150 olive trees and we check up the land continuously. We leased a piece of land from one of citizens, so we planted it with grains and winter crops that we used to cattle our livestock, as we own about 200 sheep so settlers damaged crops. we will have to buy feeds to sheep because of settlers’ attack.
About the attack on olive trees, citizen Al ‘Adra told as follows:
‘’ In May, 24th 2025, Saturday, we went to our land as a usual and shocked that the branches of olive tees were cut as we noticed metal corners and large stones put near the steams of the trees, it’s an evident that settlers destroyed the metal siege and barbed wire, uprooted metal corners and stones, it’s clear that about 100 trees were cut and damaged which make it unable for production or growth, so a part of siege was cut and damaged on length of 100 meters, as the door of the cistern was removed.’’
It’s worth mentioning Al ‘Adra contacted with Israeli policy to inform about the attack, a force of police came to the location and demanding them to go to the center near Kiryat Arba’ to introducing a written complaint.
The citizen pointed out that this attack coincided with the olive blossom season, which resulted in prevented them from olive crops this year. He explained that they check up their trees continuously and harvested it last year about 200 kilos pf olive oil, which is worth amounted 2000 dollars, so about 30 members were benefit from it including 15 children.
Opposite Huwwara area, settlers take over a piece of land with total area of 20 dunams from pastoral lands located west of Karm’el settlement adjacent road (317). Settlers rehabilitated the land with aim of planting it with grape trees.
While they are destroying and sabotaging the crops of the citizens east of Yatt, they are also seizing their lands and planting them with olive trees.
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