Land Research Center

Violation: Vandalizing 65 olive saplings.

Location: Qarawat Bani Hassan/ Salfit governorate.

Date: June, 4^th 2025.

Perpetrators: Settlers.

Affected party: Farmer Muhanad Sufian Rayyan.

Details:

A group of settlers believed came from ‘’Havat Ya’eer’’ settlement, in the afternoon hours of April,6^th 2025 targeted Al Ras area located east Qarawat Bani Hassan town west Salfit.

It’s worth mentioning settlers targeted a plot with total area of 5 dunams belongs to farmer Muhanad Sufian Rayyan, a resident in Qarawat Bani Hassan who supports a family consisting of 7 members, 4 of them are females and 5 childre. Settlers deliberately to cut and vandalize 65 olive saplings aging 4 years by cutting their branches using electric saws, causing completely damaged. 

Al Ras area located east of town was and still targeted by settlers, as over past 5 years, several numbers of attacks were documented in the same location, they targeted trees by cut large numbers, causing a serve damage.

The affected farmer told:

‘’One years ago, I rehabilitated a piece of land I own in al Ras area, over past years it was planted with wheat and recently I replanted the land with olive trees to protect the land from settlers’ practices, as they tried to take control many times, prior that they cut several numbers of trees and damaging to several farmers in the same town and same location. Although I was existed in the land and checking up it, I noticed settlers around the area and documented me when I check up my land. In the morning of Thursday, prior day of Eid Al Adha, when I went to my land, I shocked that settlers cut and damage my trees, immediately I decided to replant it although the challenges that I faced.’’

It’s worth mentioning that Havat Ya’eer threatened the agricultural sector in the town, as several violations on it were documented against Palestinian farmers and their lands by same settlers.

About Qarawt Bani Hassan:

Qarawa Bani Hassan village is located 12 km northwest of Salfit city, bordered by Deir Istiya to the north, Biddya to the west, Deir Istiya and Haris to the east, and Sarta to the south.

Population: 5,513 (as of 2017).

Total area: 9,443 dunams, with 565 dunams designated as the village’s built-up area.

Settlements have seized 324 dunams of village land.

Bypass roads have taken 129 dunams for Road No. 505.

Land Classification per Oslo Accords:

• Area B: 849 dunams.
• Area C: 8,594 dunams.

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