Palestinian Land Laws
Encyclopedia
Palestinian land laws are laws which relate to ownership of land under the Palestinian Authority
(PA). These laws prohibit Palestinians
from selling Palestinian territory
lands to "any man or judicial body [corporation] of Israeli citizenship living in Israel or acting on its behalf." These land laws were originally enacted during the Jordanian occupation of the West Bank (1948–1967), and are deemed by the Palestinian Authority as being necessary to prevent further expansion of Israeli settlement
s in the Palestinian territories and to "halt the spread of moral, political and security corruption". The law carries a sentence of the death penalty
.
from Jordan
and Gaza
from Egypt
during the Six-Day War
of 1967. Shortly after the war, Israel began establishing settlements in these territories in contradiction with legal advice, including from Theodor Meron
, the Israeli Foreign Ministry's advisor.
In 2005, Israel dismantled its settlements in Gaza, but Israeli settlement
s in East Jerusalem, along with their security zones, still account for about 60% of the area. In the West Bank, settlements have continued to slowly grow and as of April 2009, included about 400,000 settlers. All Israeli settlements in the occupied territories (including those in East Jerusalem) have been declared illegal under international law, but Israel disputes this finding.
Palestinians argue that the growth of Israeli settlements compromises their ability to establish a viable state of their own in the territories, in accordance with the proposed two-state solution
. In an attempt to prevent the further spread of Israeli settlements in the West Bank, the Palestinian Authority, invoking an earlier Jordanian law, announced in 1997 that the death penalty would henceforth be sought for Palestinians found guilty of selling their property to Jews. In April 2009, the PA reiterated its position that sale of property to Jews constitutes treason
and is punishable by death.
Article 4 of the statute states that:
The statute additionally states that anyone who sells land to an alien (non-Jordanian or non-Arab) without permission from the government will also be subject to the death penalty.
Later in 1997, the PA began drafting a new law to replace the Jordanian statute, known as the "Property Law for Foreigners". Under the provisions of this draft proposal, the sale of land to "occupiers" was described as an act of "national treason", with "occupiers" defined as the "government of occupation [ie Israel], its civilian and military institutions and its individual citizens". The draft statute authorized the "maximum penalty" (i.e. death sentence) for Palestinians convicted of the offence, and life imprisonment for foreigners. It is not clear whether this statute was ever put into effect, but it appears it was not, possibly due to international criticism.
In the latest (2009) case in which a Palestinian was convicted of selling land to foreigners, however, it appears that some additional laws were used to obtain the conviction. The Jerusalem Post states that the defendant was convicted under a law prohibiting sale of Palestinian land to "the enemy" (possibly a reference to the old Jordanian law), as well as a Palestinian "military law" which "states that it is forbidden to sell land to Jews", and two earlier laws dating from the 1950s which forbad trade with the state of Israel.
While PA courts can impose death sentences, they cannot be carried out without the approval of the PA President. The current President, Mahmoud Abbas
, has consistently refused to approve executions.
argued that the circumstances of the murders "strongly suggested official tolerance if not involvement" by the PA, citing as evidence "inflammatory statements" by PA Justice Minister Frei Abu Medein "which seemed to give a green light to violence against suspected land dealers." Medein is quoted as saying: "... expect the unexpected for these matters because nobody from this moment will accept any traitor who sells his land to Israel." According to the Jerusalem Post, "scores" of Palestinians have been murdered in the last thirty years for selling their property to Jews.
An additional consequence has reportedly been increased intimidation of Palestinian Christians, as many ordinary Palestinians have misinterpreted the law to mean prohibition on sale of property not only to Jews but also to any other non-Muslim. This misperception has been fuelled by a number of fatwas issued by Palestinian Muslim clerics in support of the PA's death penalty which fail to distinguish between Jews and Christians, but which simply condemn sale of property to "infidels" (i.e. non-Muslims).
purchased 20 dunam
s (2 hectares) of land from Palestinians in the Mount of Olives
area of Jerusalem. The report prompted the PA to reissue its warning that sale of property to Jews constitutes "high treason" punishable by death. Sheikh Tamimi, Chief (Islamic) Judge of the PA, reminded Palestinians of an earlier fatwa
against the practice. "The city of Jerusalem is the religious, political and spiritual capital of the Palestinians," he said. "The Jews have no rights in Jerusalem. This is an occupied city like the rest of the territories that were occupied in 1967." Fatah
legislator Hatem Abdel Kader, an advisor to the PA Prime Minister, asserted that the ban on sale of property to Jews was still necessary as the Israeli government and settlers were mounting a "fierce onslaught" on the Arab sector in East Jerusalem, attempting to alter the demographic balance there by demolishing Palestinian homes. East Jerusalem was annexed by Israel in the wake of the 1967 war, but the annexation has not been recognized by the international community.
In late April 2009, a Palestinian military court condemned a man to death by hanging for treason after he sold some land to Israelis. The death sentence requires the approval of the Palestinian Authority president, Mahmoud Abbas
, who is not expected to approve it.
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
(PA). These laws prohibit Palestinians
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
from selling Palestinian territory
Palestinian territories
The Palestinian territories comprise the West Bank and the Gaza Strip. Since the Palestinian Declaration of Independence in 1988, the region is today recognized by three-quarters of the world's countries as the State of Palestine or simply Palestine, although this status is not recognized by the...
lands to "any man or judicial body [corporation] of Israeli citizenship living in Israel or acting on its behalf." These land laws were originally enacted during the Jordanian occupation of the West Bank (1948–1967), and are deemed by the Palestinian Authority as being necessary to prevent further expansion of Israeli settlement
Israeli settlement
An Israeli settlement is a Jewish civilian community built on land that was captured by Israel from Jordan, Egypt, and Syria during the 1967 Six-Day War and is considered occupied territory by the international community. Such settlements currently exist in the West Bank...
s in the Palestinian territories and to "halt the spread of moral, political and security corruption". The law carries a sentence of the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Background
Israel captured the West BankWest Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
from Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
and Gaza
Gaza
Gaza , also referred to as Gaza City, is a Palestinian city in the Gaza Strip, with a population of about 450,000, making it the largest city in the Palestinian territories.Inhabited since at least the 15th century BC,...
from Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
during the Six-Day War
Six-Day War
The Six-Day War , also known as the June War, 1967 Arab-Israeli War, or Third Arab-Israeli War, was fought between June 5 and 10, 1967, by Israel and the neighboring states of Egypt , Jordan, and Syria...
of 1967. Shortly after the war, Israel began establishing settlements in these territories in contradiction with legal advice, including from Theodor Meron
Theodor Meron
Theodor Meron was the President of the International Criminal Tribunal for the former Yugoslavia until 2005, and now serves as a judge on the Appeals Chambers of the International Criminal Tribunal for Rwanda and the ICTY. On October 19, 2011, he was elected to a second two-year term as President...
, the Israeli Foreign Ministry's advisor.
In 2005, Israel dismantled its settlements in Gaza, but Israeli settlement
Israeli settlement
An Israeli settlement is a Jewish civilian community built on land that was captured by Israel from Jordan, Egypt, and Syria during the 1967 Six-Day War and is considered occupied territory by the international community. Such settlements currently exist in the West Bank...
s in East Jerusalem, along with their security zones, still account for about 60% of the area. In the West Bank, settlements have continued to slowly grow and as of April 2009, included about 400,000 settlers. All Israeli settlements in the occupied territories (including those in East Jerusalem) have been declared illegal under international law, but Israel disputes this finding.
Palestinians argue that the growth of Israeli settlements compromises their ability to establish a viable state of their own in the territories, in accordance with the proposed two-state solution
Two-state solution
The two-state solution to the Israeli-Palestinian conflict is the consensus solution that is currently under discussion by the key parties to the conflict, most recently at the Annapolis Conference in November 2007...
. In an attempt to prevent the further spread of Israeli settlements in the West Bank, the Palestinian Authority, invoking an earlier Jordanian law, announced in 1997 that the death penalty would henceforth be sought for Palestinians found guilty of selling their property to Jews. In April 2009, the PA reiterated its position that sale of property to Jews constitutes treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
and is punishable by death.
The laws
A number of laws appear to have been employed by the Palestinian Authority in its attempts to limit the spread of settlements. In 1997, the PA announced that it would seek the death penalty for Palestinians selling land to Jews or Israelis pursuant to a 1973 Jordanian statute known as the "Law for Preventing the Sale of Immoveable Property to the Enemy". Under this statute, "the enemy" is defined as... any man or judicial body [corporation] of Israeli citizenship living in Israel or acting on its behalf.
Article 4 of the statute states that:
The sale of immoveable property against the provisions of this law constitutes a crime against state security and well being, punishable by death, and the confiscation of all the culprit's immoveable and moveable possessions.
The statute additionally states that anyone who sells land to an alien (non-Jordanian or non-Arab) without permission from the government will also be subject to the death penalty.
Later in 1997, the PA began drafting a new law to replace the Jordanian statute, known as the "Property Law for Foreigners". Under the provisions of this draft proposal, the sale of land to "occupiers" was described as an act of "national treason", with "occupiers" defined as the "government of occupation [ie Israel], its civilian and military institutions and its individual citizens". The draft statute authorized the "maximum penalty" (i.e. death sentence) for Palestinians convicted of the offence, and life imprisonment for foreigners. It is not clear whether this statute was ever put into effect, but it appears it was not, possibly due to international criticism.
In the latest (2009) case in which a Palestinian was convicted of selling land to foreigners, however, it appears that some additional laws were used to obtain the conviction. The Jerusalem Post states that the defendant was convicted under a law prohibiting sale of Palestinian land to "the enemy" (possibly a reference to the old Jordanian law), as well as a Palestinian "military law" which "states that it is forbidden to sell land to Jews", and two earlier laws dating from the 1950s which forbad trade with the state of Israel.
While PA courts can impose death sentences, they cannot be carried out without the approval of the PA President. The current President, Mahmoud Abbas
Mahmoud Abbas
Mahmoud Abbas , also known by the kunya Abu Mazen , has been the Chairman of the Palestine Liberation Organisation since 11 November 2004 and became President of the Palestinian National Authority on 15 January 2005 on the Fatah ticket.Elected to serve until 9 January 2009, he unilaterally...
, has consistently refused to approve executions.
Effects
Sources differ on the number of Palestinians officially executed for the offence, with the Jerusalem Post stating that none have been executed while a BBC report indicates that there have been two executions. However, a number of extrajudicial killings have also taken place since the death penalty was first announced. In May 1997 for example, three Palestinians convicted under the statute were later found murdered. Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
argued that the circumstances of the murders "strongly suggested official tolerance if not involvement" by the PA, citing as evidence "inflammatory statements" by PA Justice Minister Frei Abu Medein "which seemed to give a green light to violence against suspected land dealers." Medein is quoted as saying: "... expect the unexpected for these matters because nobody from this moment will accept any traitor who sells his land to Israel." According to the Jerusalem Post, "scores" of Palestinians have been murdered in the last thirty years for selling their property to Jews.
An additional consequence has reportedly been increased intimidation of Palestinian Christians, as many ordinary Palestinians have misinterpreted the law to mean prohibition on sale of property not only to Jews but also to any other non-Muslim. This misperception has been fuelled by a number of fatwas issued by Palestinian Muslim clerics in support of the PA's death penalty which fail to distinguish between Jews and Christians, but which simply condemn sale of property to "infidels" (i.e. non-Muslims).
Events in 2009
In early April 2009, it was reported that several Jewish businessmen from the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
purchased 20 dunam
Dunam
A dunam or dönüm, dunum, donum, dynym, dulum was a non-SI unit of land area used in the Ottoman Empire and representing the amount of land that can be plowed in a day; its value varied from 900–2500 m²...
s (2 hectares) of land from Palestinians in the Mount of Olives
Mount of Olives
The Mount of Olives is a mountain ridge in East Jerusalem with three peaks running from north to south. The highest, at-Tur, rises to 818 meters . It is named for the olive groves that once covered its slopes...
area of Jerusalem. The report prompted the PA to reissue its warning that sale of property to Jews constitutes "high treason" punishable by death. Sheikh Tamimi, Chief (Islamic) Judge of the PA, reminded Palestinians of an earlier fatwa
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
against the practice. "The city of Jerusalem is the religious, political and spiritual capital of the Palestinians," he said. "The Jews have no rights in Jerusalem. This is an occupied city like the rest of the territories that were occupied in 1967." Fatah
Fatah
Fataḥ is a major Palestinian political party and the largest faction of the Palestine Liberation Organization , a multi-party confederation. In Palestinian politics it is on the left-wing of the spectrum; it is mainly nationalist, although not predominantly socialist. Its official goals are found...
legislator Hatem Abdel Kader, an advisor to the PA Prime Minister, asserted that the ban on sale of property to Jews was still necessary as the Israeli government and settlers were mounting a "fierce onslaught" on the Arab sector in East Jerusalem, attempting to alter the demographic balance there by demolishing Palestinian homes. East Jerusalem was annexed by Israel in the wake of the 1967 war, but the annexation has not been recognized by the international community.
In late April 2009, a Palestinian military court condemned a man to death by hanging for treason after he sold some land to Israelis. The death sentence requires the approval of the Palestinian Authority president, Mahmoud Abbas
Mahmoud Abbas
Mahmoud Abbas , also known by the kunya Abu Mazen , has been the Chairman of the Palestine Liberation Organisation since 11 November 2004 and became President of the Palestinian National Authority on 15 January 2005 on the Fatah ticket.Elected to serve until 9 January 2009, he unilaterally...
, who is not expected to approve it.
See also
- Human rights in the Palestinian National AuthorityHuman rights in the Palestinian National AuthorityHuman rights in the Palestinian National Authority refers to the human rights record of the Palestinian Authority in the West Bank and Gaza. Since Israel's implementation of its unilateral disengagement plan in 2005 and the evacuation of all Jewish settlements from Gaza Strip, the Palestinian...
- Israeli land and property laws
- Treason in the Islamic world
- KhirbaKhirbaKhirba is an Arabic term that refers to a secondary or satellite village on the outskirts of an agricultural village. The khirba was used intermittently during the year, primarily during the plowing or harvest seasons....