Israeli High Court rejects appeal against land theft

Israeli army D9 bulldozer used to raze Palestinian lands.


In a session held on 13 July 2004, the Israeli High Court rejected an appeal submitted by PCHR on behalf of a number of Palestinian civilians to stop the seizure of their agricultural land in al-Qarar village, northeast of Khan Yunis, near the “Kissufim” settler road. PCHR had submitted an appeal to the Israeli High Court on 28 June 2004, after a number of Palestinian civilians received military orders on 16 and 17 June 2004, ordering the seizure of their land near the aforementioned road.

On Monday evening, 28 June 2004, the Israeli High Court had issued a temporary injunction stopping seizure of these areas of Palestinian land, but PCHR was concerned that the final ruling by the Israeli High Court would favor Israeli occupying forces as this court tends to find in favour of the army in similar cases.

The area of the affected land is estimated at hundreds of donums,[1] which belong to several families, including al-Sumairi, Abu Haddaf, Abu Hajjaj, Abu ‘Aamer and others.

This final ruling by the Israeli High Court further proves its continuous efforts to provide legal coverage for crimes perpetrated by Israeli occupying forces.

According to information available to PCHR, since the beginning of May 2004, Israeli troops have made efforts to seize large areas of Palestinian land near the “Kissufim” settler road to establish a separating on its sides. They have managed to seize large areas of land with permission from the Israeli High Court.

The court ruling came less than one week following the advisory opinion issued by the International Court of Justice regarding the illegal construction of the annexation wall inside the West Bank, in which the court rejected the policy of land confiscation and considered the construction of the wall illegal. Nevertheless, the Israeli High Court persists in allowing Israeli troops to act without reference to international law.

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