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{{Short description|Ownership of land under the Palestinian National Authority}}
{{totally-disputed}}
{{pp-30-500|small=yes}}
The '''Palestinian Land Laws'''<ref name="Weiner">{{cite book|last=Weiner|first=Justus Reid|title=Human Rights of Christians in Palestinian Society|publisher=Jerusalem Center for Public Affairs|location=page 22|date=2005|pages=57|isbn=9652180483,|url=http://www.jcpa.org/text/Christian-Persecution-Weiner.pdf}}</ref> are ] (PA) laws that prohibit ] in the ] from selling land to ]s.<ref name="Kaplan">{{cite book|coauthors=Roger Kaplan & Adrian Karatnycky|title=Freedom in the World: The Annual Survey of Political Rights and Civil Liberties, 1997-1998|publisher=Transaction Publishers|location=page 577|date=1998|pages=610|isbn=076580476X|url=http://books.google.com/books?id=PSZLuN80zs0C&pg=PA577&dq=death+penalty+for+selling+property++to+jews&ei=T077SZ7sLZLqyAT74KHGBQ&client=firefox-a}}</ref><ref name="HRW">{{cite book|title=Human Rights Watch World Report 1998|publisher=Human Rights Watch|location=page 340|date=1997|pages=512|isbn=1564321762|url=http://books.google.com/books?id=LzoDuFXAiW8C&pg=PA340&dq=Pa+death+penalty+for+selling+land+to+jews&client=firefox-a}}</ref><ref name="NYT0597">{{cite news|url=http://www.nytimes.com/1997/05/11/world/israel-investigates-death-of-an-arab-land-dealer.html?sec=&spon=|title=Israel Investigates Death Of an Arab Land Dealer|date=1997-05-11|publisher=The New York Times|accessdate=2009-07-01}}</ref><ref name="JP0509">{{cite news|url=http://www.jpost.com/servlet/Satellite?cid=1238562884554&pagename=JPost/JPArticle/ShowFull|title=PA: Death Penalty for Those who Sell Land to Jews|last=Abu Toameh |first= Khaled|date=2009-04-01|publisher=Jerusalem Post|accessdate=2009-07-01}}</ref> These land laws were originally enacted ],<ref name="HRW"/> and are deemed by the Palestinian Authority as being necessary to prevent further expansion of ]s in the Palestinian territories and to "halt the spread of moral, political and security corruption".<ref name="JP0509"/> The law carries a sentence of the ].<ref name="Weiner" /><ref name="Kaplan" /><ref name="HRW" /><ref name="NYT0597" /><ref name="JP0509" /><ref name=BBC29April>, BBC News, 29 April 2009</ref><ref name="AJ0409" />
{{Use dmy dates|date=March 2022}}
{{Use Oxford spelling|date=February 2022}}


'''Palestinian land laws''' dictate how ] are to handle their ownership of land under the ]—currently only in the ] (see ]). Most notably, these laws prohibit Palestinians from selling any Palestinian-owned lands to "any man or judicial body corporation of ], living in ] or acting on its behalf".<ref name="Kaplan">{{cite book|author1=Roger Kaplan |author2=Adrian Karatnycky |name-list-style=amp |title=Freedom in the World: The Annual Survey of Political Rights and Civil Liberties, 1997–1998|publisher=Transaction Publishers|page= 577|year=1998|isbn=0-7658-0476-X|url=https://books.google.com/books?id=PSZLuN80zs0C&q=death+penalty+for+selling+property++to+jews&pg=PA577}}</ref><ref name="NYT0597">{{cite news|url=https://www.nytimes.com/1997/05/11/world/israel-investigates-death-of-an-arab-land-dealer.html?sec=&spon=|title=Israel Investigates Death of an Arab Land Dealer|date=1997-05-11|work=The New York Times|accessdate=2009-07-01}}</ref><ref name="JP0509">{{cite news|url=http://www.jpost.com/Middle-East/PA-Death-penalty-for-those-who-sell-land-to-Jews|title=PA: Death Penalty for Those who Sell Land to Jews|last=Abu Toameh |first= Khaled|date=2009-04-01|work=The Jerusalem Post}}</ref> These land laws were originally enacted during the ], which began after ]'s partial victory during the ] and ended after the sweeping defeat of the ] to the ] during the ], following which the territory was ]. Land sales by Palestinians to ] are considered treasonous by the former to the Palestinian national cause because they threaten the aspiration for an ]. The prohibition on land-selling to Israelis in these laws is also stated as enforced in order to "halt the spread of ]".<ref name=Haaretz_PA_court /> Consequently, Palestinians who sell land to Israelis can be ] under Palestinian governance, although death penalties are seldom carried out; capital punishment has to be approved by the ].<ref name="NYT0597" /><ref name=Haaretz_PA_court /><ref name="Weiner">{{cite book|last=Weiner|first=Justus Reid|title=Human Rights of Christians in Palestinian Society|publisher=Jerusalem Center for Public Affairs|page= 22|year=2005|isbn=965-218-048-3|url=http://www.jcpa.org/text/Christian-Persecution-Weiner.pdf}}</ref><ref name=BBC29April>, BBC News, 29 April 2009</ref><ref name="AJ0409">{{cite news|url=http://english.aljazeera.net/news/middleeast/2009/04/2009429105147715724.html|title=Death Verdict over W. Bank Land Sale |date=2009-04-29|publisher=Al Jazeera English|accessdate=2009-05-16}}</ref>
==Law==
This Palestinian "military law" dates back to 1979 and states that it is forbidden for a Palestinian to sell land to Jews.<ref name="JP0409">{{cite news|url=http://www.jpost.com/servlet/Satellite?cid=1239710821246&pagename=JPost/JPArticle/ShowFull|title=PA court: Death to man who sold land to Jews|last=Abu Toameh |first= Khaled|date=2009-04-29|publisher=Jerusalem Post|accessdate=2009-05-20}}</ref> The law mimicks an earlier prohibition which was first instituted by Ottoman authorities in 1892, when it became forbidden for foreign Jews to purchase land in Palestine.<ref>A history of Palestine By Gudrun Krämer, Graham Harman, pg. 121.</ref> A similar law, later enacted by ] when it ] from 1948 to 1967, made it a crime carrying the death penalty for a Jordanian citizen to sell land to Jews.<ref name="HRW" /><ref name="Canfield">{{cite book|last=Shehadeh|first=Raja|title=Occupier's law|publisher=Institute for Palestine Studies|location=|date=1985|page=39|isbn=0887282008|url=http://books.google.com/books?id=JN0jAAAAMAAJ&q=Occupier's+law&dq=Occupier's+law&lr=&pgis=1}}</ref> In May 1997, the ] (PLC) declared that it would seek the death penalty for transgressors.<ref name="HRW" /><ref name="Canfield">{{cite book|last=Canfield|first=John V.|title=The Middle East in Turmoil|publisher=Nova Publishers|location=page 154|date=2001|pages=190|isbn=1590331605|url=http://books.google.com/books?id=OCZOCtivbKsC&pg=PA154&dq=Palestinian++death+penalty+selling+land&lr=&ei=n7b7SfX0M4WKygSqrLWlBQ&client=firefox-a}}</ref> In April 2009, following new reports of land sales to American Jews, the PA issued a warning that selling land to Jews was ] and punishable by death.<ref name="JP0509" />


==Background==
The law has received backing by several Islamic clerics, issuing a number of ]s (decrees) that prohibit the sale of land to Jews.<ref name="JP0509" /> In April 2009, ] Sheikh ], asserting that the Israeli government was attempting to alter the ] of Jerusalem by expelling Palestinians from the city, ruled that it was a "grave sin" to sell land to Jews.<ref name="JP0509" />
{{main article| Jordanian annexation of the West Bank|Israeli Military Governorate}}
Israel captured the ] from ] and ] from ] during the ] of 1967. Under international law as interpreted by the Palestine Liberation Organization, Jordanian laws as they existed on 4 June 1967 (the eve of the
occupation) are applicable to the West Bank, including East Jerusalem,<ref name=PLO-NAD_Property_transactions>{{cite web |url=http://www.nad-plo.org/userfiles/file/fact%20sheets/NSU%20Memo%20Txns%20Pal%20property%20FINAL%20(Oct%202008).pdf |title=Property transactions in the Occupied Palestinian Territory—Legal brief |website=PLO Negotiations Affairs Department |date=October 2008 |archive-url=https://web.archive.org/web/20160403030105/http://www.nad-plo.org/userfiles/file/fact%20sheets/NSU%20Memo%20Txns%20Pal%20property%20FINAL%20(Oct%202008).pdf |archive-date=3 April 2016 |url-status=dead}}</ref> and Israel as an Occupying Power is obliged to respect these laws.


Shortly after the war, Israel began establishing settlements in these territories based on the legal opinion of ], in contradiction with legal advice of others, including from ], the Israeli Foreign Ministry's advisor.<ref> {{webarchive|url=https://web.archive.org/web/20071014221904/http://news.independent.co.uk/world/middle_east/article2584164.ece |date=2007-10-14 }} Independent – 26 May 2007</ref> In 2005, Israel dismantled its settlements in ], but ]s in East Jerusalem, along with their security zones, still account for about 60% of the area.<ref>Katya Adler, , BBC News.</ref> In the West Bank, settlements have continued to slowly grow and as of April 2009, included about 400,000 settlers.<ref name=BBC29April/> All Israeli settlements in the occupied territories (including those in East Jerusalem) are considered illegal by the international community, but Israel disputes this.<ref name=BBC29April/>
⚫ The land law is reported to contribute to causing Palestinian Christians to feel intimidated, as many ordinary Palestinians have misinterpreted the law to mean a prohibition of sale of property not only to Jews but to any non-Muslim. This misperception is due in part to some Muslim clerics labeling all non-Muslims as "infidels."<ref name="BG0199">{{cite news|url=http://www.orderofmaltacolombia.org/news_files/en_News_faith_01.htm#Christians%20in%20the%20Holy%20Land|title=Christians Anxious Under Palestinian Rule|last=M. Sennott|first=Charles|date=1999-01-17|publisher=The Boston Globe|accessdate=2009-05-16}}</ref>


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 ].<ref>Matt Spetalnick, ''The Independent'' (Reuters source).</ref> In April 2009, a Chief Islamic Judge of the Palestinian Authority reminded of an existing fatwa that bans Palestinians from selling property to Jews, which is considered ] and punishable by death.<ref name="JP0509"/>
==Reasoning==
In 1997 PA authorities said that violators of the law are punished by death in order to prevent the further expansion of ].<ref name="NYT0597" /> In April 2009 a correspondent for ] explained that the sale of land to Jews was considered to be ] because the buyers are "Israeli settlers who are literally taking up Palestinian land that does not belong to them," thus "undermining Palestinian aspirations for statehood."<ref name="AJ0409">{{cite news|url=http://english.aljazeera.net/news/middleeast/2009/04/2009429105147715724.html|title=Death Verdict over W. Bank Land Sale |date=2009-04-29|publisher=Al Jazeera English|accessdate=2009-05-16}}</ref>


==Land sale to non-Palestinians==
In April 2009, it was reported that some Jewish businessmen from the ] purchased twenty ]s of land from a Palestinian in the ] area of Jerusalem.<ref name="JP0509" /> Consequently, the fatwa was reissued. Sheikh Tamini said that the law was needed to counter Israeli attempt to change the Arab and Islamic culture of Jerusalem and ]. :
The ] of the ] (PLO-NAD) declared in 2008, that all transactions with Israelis and other foreigners transferring confiscated land in the Occupied Territories violate international law and are null and void.<ref name=PLO-NAD_Property_transactions /> It stated that under the Hague Regulations an occupant may only administer public property as a ]uary and does not gain sovereignty or title over any part of occupied territory. Israel thus has no right to sell Palestinian state land, nor does it have a right to lease state land for long periods or for the purpose of settlements.<ref name=PLO-NAD_Property_transactions /> According to the PLO-NAD, the Palestinian government of the future Palestinian state will not be under any obligation to honour Israeli transactions in occupied Palestinian property that took place during Israel’s occupation.<ref name=PLO-NAD_Property_transactions />
<blockquote>
"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." <ref name="JP0509" />
</blockquote>


==Property transactions under Palestinian law==
Another reason given by the PA is that the law was enacted in order "halt the spread of moral, political and security corruption.<ref name="JP0509" />
In a 2009 case, in which a Palestinian was convicted of selling land to foreigners, 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, according to the Jerusalem Post, "states that it is forbidden to sell land to Jews", and two earlier laws dating from the 1950s which forbade trade with the state of Israel.<ref name="JP0409">{{cite news|url=https://www.jpost.com/middle-east/pa-court-death-to-man-who-sold-land-to-jews|title=PA court: Death to man who sold land to Jews|last=Abu Toameh |first= Khaled|date=2009-04-29|work=The Jerusalem Post|access-date=2024-05-04}}</ref>


While Palestinian Authority courts can impose death sentences, they cannot be carried out without the approval of the PA President. The current President, ], has consistently refused to approve executions.<ref name=AP_Palestinian_Faces_Death>, Associated Press, 28 April 2009</ref> In September 2010, a Palestinian court reaffirmed that the sale of Palestinian land to Israelis is punishable by death. The Palestine General Prosecution said that the ruling represented "a consolidation of the previous legal principle," and that the "ruling aimed to protect the Palestinian national project to establish an independent Palestinian state."<ref name=Haaretz_PA_court>{{cite news|title=PA court: Sale of Palestinian land to Israelis is punishable by death|url=http://www.haaretz.com/news/diplomacy-defense/pa-court-sale-of-palestinian-land-to-israelis-is-punishable-by-death-1.314735|newspaper=Ha'aretz|date=20 September 2010}}</ref>
==Death penalty==
In 1997, shortly after the Palestinian Legislative Council announced that violators of the Palestinian Land Law would incur a death sentence, three land dealers were found dead.<ref name="HRW" /> One of three, Farid Bashiti was found with his hands bound and with blows to his head.<ref name="NYT0597" /><ref name="HRW2" /> The PA never charged anyone with any of the murders.<ref name="HRW2" /> According to ], the three were killed under circumstances that "strongly suggested PA tolerance if not involvement in the murders."<ref name="HRW" /> ], the ] at that time, reacted: "As I have said before, expect the unexpected for these matters because nobody from this moment will accept any traitor who sells his land to Israelis".<ref name="HRW2">{{cite book|title=Human Rights Watch World Report 1998|publisher=Human Rights Watch|location=page 341|date=1997|pages=512|isbn=1564321762|url=http://books.google.com/books?id=LzoDuFXAiW8C&pg=PA340&dq=Pa+death+penalty+for+selling+land+to+jews&client=firefox-a#PPA341,M1}}</ref>


==Effects==
On April 27, 2009, a Palestinian court sentenced Anwat Breghit to death by hanging after finding him guilty of selling land in ] to Israelis.<ref name="AJ0409" /><ref name="AFP">{{cite news|url=http://www.nytimes.com/2009/04/29/world/middleeast/29briefs-deathbrf.html|title=West Bank: Death Penalty for Land Sale |date=2009-04-29|publisher=Agence France-Presse|accessdate=2009-05-02}}</ref><ref name=AP28April/> It was expected that Palestinian Authority President ] would refuse to give the necessary approval for the execution.<ref name=BBC29April/> Abbas has consistently refused to approve executions.<ref name=AP28April>, Associated Press, Israel News, 28 April 2009</ref>
Sources differ on the number of Palestinians officially executed for the offence, with the ''Jerusalem Post'' stating that none have been executed<ref name="JP0409"/> while a BBC report indicates that there have been two executions.<ref name=BBC29April/> 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. ] 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."{{citation needed|date=July 2014}}

In 1998, Amnesty International reported that torture of those accused of selling land to Israelis appeared to be systematic, and unlawful killings were also reported against those accused.<ref name="AmnestyInternational">{{cite web | url=http://www.unhcr.org/refworld/docid/3ae6a9f730.html | title=Amnesty International Report 1998 – Palestinian Authority | publisher=Amnesty International | date=1 January 1998 | accessdate=15 July 2012}}</ref>

⚫ 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).<ref name="BG0199">{{cite news|url=http://www.orderofmaltacolombia.org/news_files/en_News_faith_01.htm#Christians%20in%20the%20Holy%20Land|title=Christians Anxious Under Palestinian Rule|last=M. Sennott|first=Charles|date=1999-01-17|publisher=The Boston Globe|accessdate=2009-05-16|url-status=dead|archiveurl=https://web.archive.org/web/20120523152826/http://www.orderofmaltacolombia.org/news_files/en_News_faith_01.htm#Christians%20in%20the%20Holy%20Land|archivedate=2012-05-23}}</ref>

In March 2007, the Palestinian Authority and Jordan arrested two Palestinians accused of selling a house in Hebron to Israelis. According to Hebron's Jewish Committee, "The arrest exposes once again the anti-Semitic nature of the PA. We call upon the government to accept the racial hatred prevalent in the PA." Knesset member ] demanded that the government act to secure the release of the arrested Palestinians, while ] of the committee said the arrest proves that the house legally belongs to the Jewish community.<ref name="HaaretzHebron">{{cite web | url=http://www.haaretz.com/news/jordan-pa-arrest-2-palestinians-for-selling-hebron-house-to-jews-1.217018 | title=Jordan, PA arrest 2 Palestinians for selling Hebron house to Jews | publisher=Ha'aretz | date=30 March 2007 | accessdate=15 July 2012 |author1=Issacharoff, Avi |author2=Shragai, Nadiv |name-list-style=amp }}</ref>

In 2012, Mohammad Abu Shahala, a former PA intelligence officer, was reportedly sentenced to death for selling land to Jews. The Jewish community of Hebron petitioned the UN, the US, and the Israeli government to step in on Abu Shahala's behalf.<ref>{{Cite web|url=http://www.jta.org/news/article/2012/04/15/3092836/arab-seller-of-machpela-house-sentenced-to-death|title=Arab seller of Machpela House sentenced to death|date=15 April 2012}}</ref>

==Events in 2009==
{{See also|Judaization of Jerusalem}}
In early April 2009, it was reported that several Jewish businessmen from the ] purchased 20 ]s (2 hectares) of land from Palestinians in the ] area of ]. 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 ] 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."<ref name="JP0509" /> ] 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.<ref name="JP0509" /> East Jerusalem was annexed by Israel in the wake of the 1967 war, but the annexation has not been recognized by the international community.<ref name=btselem_ej> {{webarchive|url=https://web.archive.org/web/20090615063901/http://www.btselem.org/English/Jerusalem/ |date=2009-06-15 }}, B'Tselem.</ref>

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, ], who is not expected to approve it.<ref name=BBC29April/>{{Update inline|date=August 2020}}

==Events in 2012==
Osama Hussein Mansour, a retired Palestinian security officer, was arrested by the Palestinian Authority in June 2012 on charges of collaborating with Israel and being involved in land transactions with Israelis. He died in July after falling from a window while being held in Palestinian custody, but it was unclear whether he fell or was pushed. His wife does not believe it was suicide, but rather that he was killed, and stated that she visited him a few days before and he was in good spirits and happy.<ref name="AFP2012">{{cite news | url=https://www.google.com/hostednews/afp/article/ALeqM5hNMQXbMFNOVQfpOOeXaJlVL1GDrw?docId=CNG.33dc1b06ef0258207c969fca6d976186.41 | archive-url=https://archive.today/20130124172223/http://www.google.com/hostednews/afp/article/ALeqM5hNMQXbMFNOVQfpOOeXaJlVL1GDrw?docId=CNG.33dc1b06ef0258207c969fca6d976186.41 | url-status=dead | archive-date=24 January 2013 | title=Palestinian ex-officer dies after 'fall' in police custody | date=15 July 2012 | agency=AFP | accessdate=15 July 2012}}</ref><ref name="Maan2012">{{cite news | url=http://www.maannews.net/eng/ViewDetails.aspx?ID=504634 | title=Ex-officer dies in security custody, wife says he was killed | work=Ma'an News Agency | date=14 July 2012 | accessdate=15 July 2012 | archive-date=1 December 2012 | archive-url=https://web.archive.org/web/20121201040232/http://www.maannews.net/eng/ViewDetails.aspx?ID=504634 | url-status=dead }}</ref><ref name="JPost2012">{{cite news | url=http://www.jpost.com/MiddleEast/Article.aspx?id=277581 | title=A man commits suicide over collaboration charge | work=The Jerusalem Post | date=15 July 2012 | accessdate=15 July 2012 | author=Abu Toameh, Khaled}}</ref>

==Events in 2014==
Palestinian Authority President Mahmoud Abbas issued an executive order that amended the land law penal code, and increased punishments for selling land to "hostile countries and its citizens". These punishments include hard labor to life imprisonment for Palestinians who sell, rent or mediate real estate transactions.<ref>{{Cite web|url=http://www.jpost.com/Arab-Israeli-Conflict/Abbas-adds-hard-labor-to-punishment-for-Palestinians-who-sell-land-to-hostile-countries-379350|title = Abbas adds 'hard labor' to punishment for Palestinians who sell land to Israelis| date=20 October 2014 }}</ref>{{Clarify|reason=Not clear how this is an increase on the death penalty|date=August 2020}}


==See also== ==See also==
*]
*] *]
*] *]
*]
*]


==References== ==References==
{{Reflist}} {{Reflist}}

==External links==
*. ], January 1980


] ]
] ]
] ]
] ]
] ]

Latest revision as of 18:12, 7 June 2024

Ownership of land under the Palestinian National Authority

Palestinian land laws dictate how Palestinians are to handle their ownership of land under the Palestinian National Authority—currently only in the West Bank (see governance of the Gaza Strip). Most notably, these laws prohibit Palestinians from selling any Palestinian-owned 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, which began after Jordan's partial victory during the 1948 Arab–Israeli War and ended after the sweeping defeat of the Arab coalition to the Israeli military during the 1967 Arab–Israeli War, following which the territory was occupied by Israel. Land sales by Palestinians to Israelis are considered treasonous by the former to the Palestinian national cause because they threaten the aspiration for an independent Palestinian state. The prohibition on land-selling to Israelis in these laws is also stated as enforced in order to "halt the spread of moral, political and security corruption". Consequently, Palestinians who sell land to Israelis can be sentenced to death under Palestinian governance, although death penalties are seldom carried out; capital punishment has to be approved by the President of the Palestinian National Authority.

Background

Main articles: Jordanian annexation of the West Bank and Israeli Military Governorate

Israel captured the West Bank from Jordan and Gaza from Egypt during the Six-Day War of 1967. Under international law as interpreted by the Palestine Liberation Organization, Jordanian laws as they existed on 4 June 1967 (the eve of the occupation) are applicable to the West Bank, including East Jerusalem, and Israel as an Occupying Power is obliged to respect these laws.

Shortly after the war, Israel began establishing settlements in these territories based on the legal opinion of Plia Albeck, in contradiction with legal advice of others, including from Theodor Meron, the Israeli Foreign Ministry's advisor. In 2005, Israel dismantled its settlements in Gaza, but Israeli settlements 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) are considered illegal by the international community, but Israel disputes this.

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 April 2009, a Chief Islamic Judge of the Palestinian Authority reminded of an existing fatwa that bans Palestinians from selling property to Jews, which is considered high treason and punishable by death.

Land sale to non-Palestinians

The Negotiations Affairs Department of the State of Palestine (PLO-NAD) declared in 2008, that all transactions with Israelis and other foreigners transferring confiscated land in the Occupied Territories violate international law and are null and void. It stated that under the Hague Regulations an occupant may only administer public property as a usufructuary and does not gain sovereignty or title over any part of occupied territory. Israel thus has no right to sell Palestinian state land, nor does it have a right to lease state land for long periods or for the purpose of settlements. According to the PLO-NAD, the Palestinian government of the future Palestinian state will not be under any obligation to honour Israeli transactions in occupied Palestinian property that took place during Israel’s occupation.

Property transactions under Palestinian law

In a 2009 case, in which a Palestinian was convicted of selling land to foreigners, 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, according to the Jerusalem Post, "states that it is forbidden to sell land to Jews", and two earlier laws dating from the 1950s which forbade trade with the state of Israel.

While Palestinian Authority 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. In September 2010, a Palestinian court reaffirmed that the sale of Palestinian land to Israelis is punishable by death. The Palestine General Prosecution said that the ruling represented "a consolidation of the previous legal principle," and that the "ruling aimed to protect the Palestinian national project to establish an independent Palestinian state."

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 Watch 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."

In 1998, Amnesty International reported that torture of those accused of selling land to Israelis appeared to be systematic, and unlawful killings were also reported against those accused.

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).

In March 2007, the Palestinian Authority and Jordan arrested two Palestinians accused of selling a house in Hebron to Israelis. According to Hebron's Jewish Committee, "The arrest exposes once again the anti-Semitic nature of the PA. We call upon the government to accept the racial hatred prevalent in the PA." Knesset member Uri Ariel demanded that the government act to secure the release of the arrested Palestinians, while Orit Struk of the committee said the arrest proves that the house legally belongs to the Jewish community.

In 2012, Mohammad Abu Shahala, a former PA intelligence officer, was reportedly sentenced to death for selling land to Jews. The Jewish community of Hebron petitioned the UN, the US, and the Israeli government to step in on Abu Shahala's behalf.

Events in 2009

See also: Judaization of Jerusalem

In early April 2009, it was reported that several Jewish businessmen from the United States purchased 20 dunams (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.

Events in 2012

Osama Hussein Mansour, a retired Palestinian security officer, was arrested by the Palestinian Authority in June 2012 on charges of collaborating with Israel and being involved in land transactions with Israelis. He died in July after falling from a window while being held in Palestinian custody, but it was unclear whether he fell or was pushed. His wife does not believe it was suicide, but rather that he was killed, and stated that she visited him a few days before and he was in good spirits and happy.

Events in 2014

Palestinian Authority President Mahmoud Abbas issued an executive order that amended the land law penal code, and increased punishments for selling land to "hostile countries and its citizens". These punishments include hard labor to life imprisonment for Palestinians who sell, rent or mediate real estate transactions.

See also

References

  1. Roger Kaplan & Adrian Karatnycky (1998). Freedom in the World: The Annual Survey of Political Rights and Civil Liberties, 1997–1998. Transaction Publishers. p. 577. ISBN 0-7658-0476-X.
  2. ^ "Israel Investigates Death of an Arab Land Dealer". The New York Times. 11 May 1997. Retrieved 1 July 2009.
  3. ^ Abu Toameh, Khaled (1 April 2009). "PA: Death Penalty for Those who Sell Land to Jews". The Jerusalem Post.
  4. ^ "PA court: Sale of Palestinian land to Israelis is punishable by death". Ha'aretz. 20 September 2010.
  5. Weiner, Justus Reid (2005). Human Rights of Christians in Palestinian Society (PDF). Jerusalem Center for Public Affairs. p. 22. ISBN 965-218-048-3.
  6. ^ Palestinian Handed Death Sentence, BBC News, 29 April 2009
  7. "Death Verdict over W. Bank Land Sale". Al Jazeera English. 29 April 2009. Retrieved 16 May 2009.
  8. ^ "Property transactions in the Occupied Palestinian Territory—Legal brief" (PDF). PLO Negotiations Affairs Department. October 2008. Archived from the original (PDF) on 3 April 2016.
  9. Senior legal official warned that settlements would be illegal in 1967 Archived 2007-10-14 at the Wayback Machine Independent – 26 May 2007
  10. Katya Adler, "Challenge of Israeli settlements", BBC News.
  11. Matt Spetalnick, "Obama to hear Abbas plea on Israeli settlements" The Independent (Reuters source).
  12. ^ Abu Toameh, Khaled (29 April 2009). "PA court: Death to man who sold land to Jews". The Jerusalem Post. Retrieved 4 May 2024.
  13. Palestinian Faces Death for Selling Land to Israel, Associated Press, 28 April 2009
  14. "Amnesty International Report 1998 – Palestinian Authority". Amnesty International. 1 January 1998. Retrieved 15 July 2012.
  15. M. Sennott, Charles (17 January 1999). "Christians Anxious Under Palestinian Rule". The Boston Globe. Archived from the original on 23 May 2012. Retrieved 16 May 2009.
  16. Issacharoff, Avi & Shragai, Nadiv (30 March 2007). "Jordan, PA arrest 2 Palestinians for selling Hebron house to Jews". Ha'aretz. Retrieved 15 July 2012.
  17. "Arab seller of Machpela House sentenced to death". 15 April 2012.
  18. East Jerusalem Archived 2009-06-15 at the Wayback Machine, B'Tselem.
  19. "Palestinian ex-officer dies after 'fall' in police custody". AFP. 15 July 2012. Archived from the original on 24 January 2013. Retrieved 15 July 2012.
  20. "Ex-officer dies in security custody, wife says he was killed". Ma'an News Agency. 14 July 2012. Archived from the original on 1 December 2012. Retrieved 15 July 2012.
  21. Abu Toameh, Khaled (15 July 2012). "A man commits suicide over collaboration charge". The Jerusalem Post. Retrieved 15 July 2012.
  22. "Abbas adds 'hard labor' to punishment for Palestinians who sell land to Israelis". 20 October 2014.

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