CHAPTER EIGHTEEN — Part 7 of 10

settlement. (Ha'aretz, 2 September, 1986)

On 5 September, 1986, it was reported that landowners in the West Bank villages of Salfit and Iskaka, south of Nablus, had recently been notified of a decision to declare 4,000 dunums of their lands as State owned. A week earlier 3,000 dunums of land belonging to Bidya villagers, in the same area, had also been declared State owned. (Al Fajr, 5 September, 1986)

On 8 October, 1986, the inauguration ceremony was reported of two new settlements in the Gaza Strip, "Bedolah" and "Bney-Atzmona." Deputy Prime Minister and Housing Minister David Levy promised at the ceremony that the Government would expand settlement in the region. (Ha'aretz, 9 October, 1986)

On 21 October, 1986, a ceremony was held at the settlement of "Kokhav-Yair" in "Western Samaria" to mark the beginning of the settlement's population. (Ha'aretz, 22 October, 1986)

On 18 November, 1986, the High Court of Justice rejected a petition by Arab residents of the Sur Bahir suburb of Jerusalem demanding the return of some 500 dunums of land expropriated in 1970. (Jerusalem Post, 1 9 November, 1986)

On 2 December, 1986, the military authorities reportedly informed the mukhtars of the villages of Urif, Burin and Asira al Qibliya, all in the Nablus district, of a decision to confiscate 700 dunums of their land. On 9 December, 1986, the mukhtars of the villages of Kafr Qaddum, Beit Lid and Qusin, also in the Nablu district, were informed of the confiscation of 10,000 dunums of their land. (Al Fajr, 5 and 12 December, 1986)

On 2 December, 1986, Housing Minister David Levy told a correspondent that more than 2,700 homes had begun being built in Jewish settlements in the territories since the forrnation of the national unity government. (Jerusalem Post, 3 December, 1 986)

On 23 December, 1986, the authorities reportedly uprooted some 1,000 olive seedlings near the village of Zawiya, in the Nablus area. (Al Fajr, 25 December, 1986)

On 8 February, 1987, the Housing Minister, David Levy, inaugurated the construction in the "Jewish Courtyard" section in the center of Hebron. (Ha'aretz, 8 February, 1987)

On 10 February, 1987, hundreds of residents of the West Jerusalem neighborhoods of Talpiot and Amona, and the East Jerusalem Jewish neighborhood of East Talpiot, joined Arabs from the neighboring village of Sur Bahir in a protest against the planting of a pine forest on agricultural land cultivated by the villagers. Mayor Teddy Kollek participated in the demonstration. (Jerusalem Post, 1 1 February, 1 987)

On 25 March, 1987, Minister David Levy laid a cornerstone to the new town of Beitar, in a ceremony that was disturbed by Jewish demonstrators from development towns, protesting against "wasting money on settlements," rather than spending it on real social problems. (Ha'aretz, 18, 19 and 26 March, 1987; Jerusalem Post, 26 March, 1987)

On 25 May, 1987, Housing Minister David Levy took part in a ceremony in Eilon Moreh to lay the foundation stone for a new residential area, called "Givat Rami," and named after Rami Haba, the 8-year-old boy murdered near the settlement several days earlier. When completed Givat Rami would house 50 families. (Jerusalem Post, 26 May, 1987)

On 29 May, 1987, it was reported that according to areport by the World Zionist Federation's Settlement Department, the Jewish population in the West Bank stood at 60,500 at the end of 1986. The largest settlements were Ariel (6,500 inhabitants), Maaleh-Adumim (1 2,400), Imanuel (4,000), Givat-Ze'ev (3,900) and Kiryat-Arba (4,400). There were 1 18 settlements and 2 1 outposts. Some 13,500 housing units were occupied and some 1,040 were still empty; 2,28 1 were under construction. (Ha'aretz, 29 May, 1987)

On 29 July, 1987, absentee property officials reportedly ordered the expropriation of 700 dunums in Yasuf and Jamian villages, in the Nablus district. The villagers filed objections against the expropriation. On 1 1 August 1987, it was reported that over 500 dunums were declared a closed military area in the two villages. Local villagers claimed that the land affected amounted to over 1,500 dunums. (Al-Fajr, 2 and 16 August 1987)

On 23 August 1987, a group of pupils of the "Ateret Kohanim" yeshiva, in the Muslim Quarter of Jerusalem's Old City, moved into a building in the Muslim Quarter. The move was reportedly co-ordinated with the army and police forces. Under an arrangement reached on the initiative of the "Ateret Kohanim" association, the yeshiva pupils moved into 6 of the 13 rooms that made up the building. The remaining seven rooms would continue to be occupied by Arab families. (Ha'aretz 24 August, 1987)

THE USURPATION OF PALESTINIAN LANDS AND THE ESTABLISHMENT OF JEWISH SETTLEMENTS IN 1988

The United Nations Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories reported on October 24, 198822 as follows:

On 17 November, 1987, the Knesset Finance Committee approved by a majority of votes the allotment of New Israeli Shekels (NIS) 13 million ($8 million) to three new settlements in the territories: Avney-Hefetz, Assael and Beitar. The Committee also allotted money for further construction on the Trans-Samaria road. (Ha'aretz, 18 November, 1987)

On 22 November, 1987, it was reported that the Ministry of Housing was planning the construction of 1,500 apartments in the Jerusalem area by the end of 1988. (Jerusalem Post, 22 November, 1987)

On 19 February, 1988, it was reported that the Director- General of the Housing Ministry, Amos Unger, announced that a sum of NIS 10 million ($6.5 million) had been earmarked for road building in the West Bank during the fiscal year 1988/89. The Defence Ministry was also reportedly involved in the projects. In addition to the Kalkiliya bypass road, a 15 kilometre road would link Jerusalem to the Etzon bloc, bypassing the Dheisheh refugee camp and serving Efrat and Kiryat-Arba. Other stretches of road would be built near Ariel and around Beit Ur a-Tahta. (Jerusalem Post, 19 February, 1988)

On 4 March, 1988, it was reported that Industry and Trade Minister Ariel Sharon and Finance Minister Moshe Nissim had struck a secret deal that would enable Sharon to boost development projects in the West Bank settlements before the coming elections. According to a report, the Finance Minister agreed to add NIS 10 million ($6.5 million) to the funds available for Jewish settlements in the territories. (Jerusalem Post, 4 March, 1988)

On 28 March, 1988, Housing Minister David Levy, speaking in Kiryat-Arba, pledged to construct 2,000 more flats in settlements in the West Bank and Gaza. (Jerusalem Post, 29 March, 1988)

On 10 April, 1988, it was reported that the Housing Ministry intended to increase the number of housing units in the territories in 1988 by 30 per cent. The Ministry's Director- General, Amos Unger, said that following the drastic drop in sales of flats in the territories in recent months, owing to the unrest, it was decided to adopt a series of measures to boost construction in the territories. (Ha'aretz, 10 April, 1988)

On 22 June, 1988, Housing and Construction Minister David Levy declared that 10 provisional settlements would be converted into permanent ones, and thousands of housing units would be built in settlements located on the Green Line. "These housing units will obliterate the former Green Line," he said. He added that "nothing will deviate us from our determination to continue and intensify the accelerated construction in Judea and Samaria." (Ha'aretz, 23 June, 1988)

On 2 September, 1987, the cornerstone-laying ceremony was announced for a new settlement, Avney-Hefetz, located 8 kilometers south-east of Tulkarem. Most of the lands for the new settlement had been bought from private land-owners. Avney-Hefetz was one of the six settlements whose construction was decided by the National Unity Government. (Ha'aretz, 2 September, 1987)

On 2 October, 1987, it was reported that the Jewish National Fund had seized in recent months three houses in the village of Silwan, in East Jerusalem. Local residents said that Jewish families would move in shortly. (Hu'aretz, 2 October, 1987)

On 5 November, 1987, the Central Bureau of Statistics reported that the number of Jewish settlers in the territories had increased by 21,000 since the formation of the National Unity Government at the end of 1984, passing from 36,900 to approximately 58,000. The number of Jews settling in the territories was 9,200 in 1985,7,300 in 1986 and about 5,000 in 1987. (Jerusalem Post, 6 November, 1987)

On 16 November, 1987, a source close to Industry and Trade Minister Ariel Sharon revealed that the Minister was buying an apartment in the Muslim Quarter of Jerusalem's Old City. Sharon's new residence was reportedly located in the same complex of apartments that students from the " Ateret Cohanim" yeshiva moved into about two months earlier. Arab tenants still lived in parts of the building. (Jerusalem Post, 17 November, 1987)

On 10 December, 1987, it was reported that the Israeli authorities seized 1,200 dunums from the village of Burin. Villagers, who filed a complaint against the measure, believed the seized land would serve the expansion of the nearby settlement of Brgha. In another development, the village council of Beit Amr was notified of the seizure of a large area of land of the village on the eastern hills alongside the Jerusalem-hebron road. Villagers feared the land would later be confiscated. (Attalia, 10 December, 1987)

On 2 February, 1988, Housing Minister David Levy said that his Ministry had started the construction of a Kalkiliya bypass road and that a new road, from Gilo to the Etzion bloc, would be built before the end of the present financial year. He promised settlers' representatives that many more houses would be built in their settlements. (Ha'aretz, 3 February, 1988)

On 18 May, 1988, the cornerstone-laying ceremony took place for a permanent settlement at Ateret, northwest of Ramallah. Ateret was described as a religious communal settlement with 35 families, affiliated to the Amana movement of Gush Emunim. (Ha'aretz, 18 May, 1988) On 22 June, 1988, Housing and Construction Minister David Levy inaugurated a new construction site at the Alfei- Menashe settlement. He declared at the ceremony that the construction of a road bypassing Kalkiliya would be over before the end of the year. (Ha'aretz, 23 June, 1988)

On 12 July, 1988, the Nahal outpost at Shim'a, in southern Mount Hebron, was converted into a civilian settlement. It would be a communal settlement of Gush Emunim. Shim'a was one of six new settlements whose establishment was decided under the coalition agreement of the present National Unity Government. (Ha'aretz, 13 July, 1988)

THE USURPATION OF PALESTINIAN LANDS AND THE ESTABLISHMENT OF JEWISH SETTLEMENTS IN 1989

Extracts from the Reports of the United Nations Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories dated 13 July, 1989, A/44/352 and dated 12 October, 1989, as follows.(23)

On 25 October, 1988, it was reported that a new settlement named Na'aleh was to be inaugurated the next day. It was located near the settlement of Nili, close to the Green Line, and consisted of 27 families of employees of the Aviation Industry. The new settlement was sponsored by Amana, the settling body of Gush Emunim. (Ha'aretz, 25 October, 1989)

On 10 November, the occupation authorities seized 50 dunums in the area of Al Majr, opposite Jneid prison camp, belonging to five Arab families in Rafidiya. Eyewitnesses reported seeing IDF lorries bringin in army tents and equipment. (Attalia, 10 November, 1988)

On 22 November, it was reported that an industrial zone of approximately 10,000 square meters was planned to be created in Ariel. The industrial zone was to be built by a company headed by an adviser to Trade and Industry Minister Ariel Sharon. It would cost $8 million. (Ha'aretz, 22 November, 1988)

On 1 December, it was reported that the Housing and Construction Ministry was stepping up its activities in the Etzion bloc. Some 300 housing units were to be built shortly in Efrat, which would be converted from a community settlement to an urban settlement. The number of housing units in Beita should reach 8,000. The new road was under construction, a Kalkilya by-pass, would be ready in one month's time. According to the Director-General of the Ministry, Amos Unger, despite the uprising there was a lot of construction and purchase of flats in the Jerusalem area and in Western Samaria. By the end of the fiscal year 1988 some 1,500 housing units would be built, according to Housing Ministry plans. Under another plan, the Ministry would create the infrastructure for building 500 flats in Pisgat-Ze'ev, north of Jerusalem (between the French Hill and Neveh-Yaacov). {Ha'aretz, 1 December, 1988)

On 6 December, it was reported that an extensive settlement campaign was under way in the Katif bloc, in the southern Gaza Strip, and that some 200 families had already expressed their will to settle there. The campaign was organized by the Government, through the Ministry of Trade and Industry, in cooperation with the Gaza Regional Council. (Ha'aretz, 6 December 1988)

On 22 December, a list of eight new settlements whose construction was agreed upon between the Likud and Labor parties as part of the coalition government plan was made public. The eight new settlements should be set up within the first year of the new Government's term of office. Five would be located in the "Judea" region and three in the Gaza Strip as follows:

(a) The settlement of Talmon (northwest of Ramallah) to be established on an area of land covering 1,300 dunums;

(b) Mikhtam (east of Latrun, 15 km north of Jerusalem) to be established on an area of 700 dunums;

(c) Eitan (2 km northwest of Jericho) to be established on an area of 600 dunums that had been allocated to the settlement;

(d) Alon (north of Mishor Adumim) to be established in an area uninhabited by Arabs in the district of Jericho, on 600 dunums of land that had been allocated to the settlement;

(e) Zif (7 km southeast of Kiryat Arba in the Mount Hebron area) to be established on 300 dunums that had been allocated to the settlement;

(f) Peat Sadeh (south of Khan Yunis) to be established on 600 dunums of land that had been allocated to the settlement;

(g) Katif H (near Peat Sadeh) to be established on an area of 300 dunums;

(h) Dugit (near Jabaliya camp, north of Gaza) to be established on an area of 600 dunums that had been allocated to the settlement. (Ha'aretz, 22 December 1988)

On 6 January 1989, it was reported that Defence Minister Rabin and the Prime Minister's adviser on settlement affairs, Michael Dekel, had prepared a document describing in detail the settlements that would be set up during the first year of the coalition government. The document was to be submitted to the government in 10 days time. Under that plan, three settlements would be created in the Gaza Strip within four months; Dugit, with 70 families, in two months' time; Peat Sadeh, with 50 families, in four months; and Kfar Daron - aUpermanent settlement,"in the coming weeks. Infrastructure and construction for the three settlements could cost NIS 4.5 million (approximately $2.5 million). (Ha'aretz, 6 January 1989)

On 18 January, Asha'b newspaper reported that the Israeli military authorities had handed residents of the village of Jayus, in the Tulkarem area, orders confiscating 1,362 dunums around the village alleging they were government property. The residents were given 45 days to appeal to the Israeli Military Objections Committee. (Al Fajr, 23 January 1989)

On 14 February, the village council in Tamun was notified by the military authorities that 2,838 dunums of village land would be confiscated. No reasons were given. (Al Fajr, 20 February 1989)

On 15 February, the military authorities closed an area of about 7,000 dunums used for grazing sheep in the villages of Tamun, Tayasir and Ein Al Biba. Residents were prevented from reaching the area. (Al Fujr, 20 February 1989) On 20 February, deputy Prime Minister and Housing Minister David Levy inaugurated the Kalkilya by-pass road. At the ceremony, Housing Ministry officials announced tht NIS 15 million (approximately $9 million) would be earmarked in the coming year for the construction of more roads and by-pass roads in the territories. (Ha'aretz, 19 and 21 February 1989)

On 15 March, Jewish residents of the West Bank moved to a rocky hilltop 8 km northwest of Ramallah and established Talmon - the first new settlement in years. They reportedly acted with government approval. Gush Emunim's settlement movement, Amana, and the Mateh-Binyamin regional council had undertaken to cover Talmon's initial costs. (Jerusalem Post, 16 March, 1989)

On 20 March, four provisional structures were placed at the site of a new settlement, named Tzofim, near Kalkilya. The new settlement was a private initiative and was not included in the eight settlements whose construction was agreed upon by the national unity government. The Amana movement was respsonsible for placing the provisional homes at the site. Permanent housing was to be built shortly. (Ha'aretz, 22 March, 1989)

On 23 March, it was reported that members of the Al Sharha family from Dura were notified of the confiscation of 1,500 dunums belonging to them in the areas of Taku' and Dhahiriya. The Israeli authorities gave them 45 days to file an objection. (Attalia, 23 March, 1989)

On 9 April, an inauguration ceremony was held for the new settlement of Tzufim, east of Kalkilya. The settlement was built on private land purchased by Gush Emunim. It was not one of the eight settlements provided for in the coalition agreement. It was planned for 1.500 families. (Ha'aretz, 10 April, 1989; Al Fajr, 17 April, 1989)

On 27 April, it was reported that the Israeli authorities ordered the confiscation of about three dunums belonging to Sherif Issa in Wadi Al Habis, near Deir Jarir (Ramallah). Another 24 dunums, property of Ahmed Abdel Fattah Hijazi, were also confiscated in the village of Jat (Nablus). (Attalia, 27 April, 1989)

On 2 May, it was reported that another 14 Jewish families were to settle in the "Abraham the Patriarch" compound in Hebron within the next two months. The construction of flats for these families was about to be finished. At present only five families lived in the compound. Eleven families lived in Beith Hadasa, six in the Hassan House, five in Shneorsohn House, three in Romano House and three more in Tel Rumeida. In addition, 120 students in the "Shavei Hevron" yeshiva reportedly stayed in the place almost day and night. (Haaretz, 2 May 1989)

On 10 May, two new settlements were established, Tzoref, in the Etzion bloc, and Ofarim, south of Beit Arye, in the Binyamin district. A third settlement, Dugit, was planned to be established in the Gaza Strip within two months. Tzoref had at its disposal 850 dunums of land purchased by Jews in 1928. (Ha'aretz, 11 May 1989)

On 28 May, it was reported that Minister Ariel Sharon was preparing a plan for the settling of 200 Jewish families in the Moslem quarter of Jerusalem's Old City. At present only 25 Jewish families live there and several religious schools are located in the quarter. The Jerusalem municipality reportedly opposed settlement of Jewish families in the Moslem quarter, for fear of increased tension between the Arab and Jewish communities. (Ha'aretz, 28 May 1989)

On 30 May, the Knesset Finance Committee approved the allocation of NIS 30 million (approximately $20 million) for settlements and roads in the territories. (Jerusalem Post, 3 1 May 1989)

On 1 June, it was reported that five more sites of Jewish settlements were to be populated in the coming months, in addition to the four that had already been established since the setting up of the coalition government: Talmon and Ofraim in Binyamin district, Tzoref in the Etzion bloc and Tzofim - a private initiative that was approved three years earlier. On 4 June, Housing Minister David Levy took part in a ceremony of consecration of 13 new flats in the "Jewish compound," near the Abraham synagogue, in Hebron. Levy announced that 1,000 new housing units were to be built in the territories before the end of the year, and that the construction planned to settle in one month's time three settlements in one day, in the Gaza Strip, Kfar Darom, Dugit and Katif 8. The settlement of Avney-Hefetz would also be established later in the year. (Ha'aretz, 1,s June, 1989)

On 7 August, the Central Bureau of Statistics reported that despite the Palestinian uprising, some 6,000 people settled in the territories over the past year. In December 1987 (before the beginning of the uprising) 60,300 Israelis lived in the territories. The 10 per cent growth in 1988 was slower than the rate in previous years. (Jerusalem Post, 8 August, 1989)

On 7 August, Industry Minister Ariel Sharon authorized the expansion of industrial zones near two West Bank settlements, Eilon Moreh and Karnei Shomron. He insisted that work start immediately to make clear that "Jews haven't changed their views and that the Government is adamant that it will not leave this area." Sharon, who was visiting the Barkan industrial area, also accepted a plan to refurbish the second storey of an old fortress at Sanur, south of Jenin. He said that Ariel, Beit Aba, Yakir and other settlements in the area formed a wedge between Nablus and Ramallah, but that such a wedge still did not exist between Jenin and Nablus. (Jerusalem Post, 8 August, 1989)

USURPATION OF PALESTINIAN LANDS AND THE ESTABLISHMENT OF JEWISH SETTLEMENTS IN THE GAZA STRIP

The Gaza Strip is that part of the Subdistrict of Gaza which was not occupied by Israel in 1948, but occupied later on during the 1967 war.

It is about forty-five kilometers long (28 miles) and eight kilometers wide (five miles). The area of the Gaza Strip is about one-fifteenth of the size of the West Bank, or about 2,126 square miles. The number of Palestinian Arabs living in the Gaza Strip is about 560,000, of whom 360,000 are refugees who were expelled in 1948 either from other towns and villages in the Subdistrict of Gaza or from other Subdistricts in the southern part of Palestine.

From the Israeli occupation of the Gaza Strip in 1967 until the end of 1986, the Israelis usurped more than one-third of its Palestinian lands, namely about 28,750 acres out of a total of 86,250 acres, leaving the Palestinians only 57,500 acres (one acre is equal to 4,000 square meters). In 1987 the total usurpation of Palestinian lands amounted to about 40% of the land in the Gaza Strip.

Up to the end of 1986 the Israeli government established eighteen Jewish settlements in the Gaza Strip and in 1987 they established four additional settlements.

2,500 Jews, either from the United States, the Soviet Union or of other origins inhabit these Jewish colonies.

The Israeli government's objectives in establishing these Jewish settlements in the Gaza Strip are the same as those it pursues in the West Bank, namely to create a strong Jewish presence and to divide and isolate the Arab towns and villages from each other so that Palestinian communities cannot be united as a part of a future Palestine State. Many of the Jewish settlements were established on the seashore of the Gaza Strip in order to deprive Palestinians from the use of their beaches and to ruin their fishing industry, which was flourishing before the Israeli occupation.

Further, the establishment of Jewish settlements in the Gaza Strip, as in the West Bank, together with the destruction of Palestinian indigenous economic and social structures, indicates the intent to expel the Palestinians in the West Bank and Gaza in due course with their being replaced by an already established and still expanding network of Jewish settlements.

The following description of the Jewish colonies established in the Gaza Strip, showing the usurpation of Palestinian lands, is extracted from the Gaza Strip Survey by Sara Roi and published by The Jerusalem Post in 1986.(24)

1. THE NORTHERN SETTLEMENT BLOCK

The northern block of settlements is built on land belonging to the village of Beit Lahia, whose population in July 1984 was 1 1,700. Beit Lahia is located ten kilometres north of Gaza City and through 1979, owned 19,200 dunums ( 1,800 acres) of deeded land. In 1979, the Israeli authorities confiscated 2,500 dunums (625 acres) of land and in 1984, an additional 361 dunums (90 acres) were appropriated. Consequently, by 1985, the government was in control of 2,861 dunums or 15% of the land belonging to the village.

Four settlements comprise the northern block: Eretz, Nisanit, Elei Sinai and Nevets Sala.

(a) Eretz

The Eretz settlement began as a military outpost in 1968 and in 1972 was established as an industrial zone. Situated on 800 dunums (200 acres) of land just inside the northern border, Eretz consists of 26 factories of various kinds./ep

(b) Nisanit

Initially established as a military post in 1978, Nisanit became a nahal (military settlement) in 1982. The settlement is presently civilian and lies on 1,700 dunums (425) acres of land just south of Eretz. By January of 1985, Nisanit was inhabited by 90 people living in 40 housing units. On average, each settler occupies 19 dunums (4.7 acres) of land. The settlement belongs to the Hapoel Hamizrahi movement to which several other settlements belong. This movement tends to attract ideologically committed and highly religious individuals. Largely self-sufficient, Nisanit currently has a kindergarten and elementary school, health clinic, watch tower, restaurant and a chicken coop for raising chickens.

(c) Elei Sinai

Elei Sinai which means "toward the Sinai," was established in 1983 by settlers who were forced to evacuate their settlement, Yamit, in the Sinai. Located west of Eretz near the Mediterranean shore on 800 dunums (200 acres) of land, Elei Sinai engages in fishing and other agricultural activities. There are plans to turn the settlement into arecreational center for religious tourists. By January 1985,70 people lived in 20 prefabricated houses although plans exist for building 25 new housing units, for approximately 300 families. In addition, a daycare center, kindergarten and regional school are planned. Elei Sinai belongs to the Amana settlement movement which is part of the Gush Emunim, a religious-nationalistic group.

(d) Nevets Sala

Planned in 1983, Nevets Sala will be an extension of Elei Sinai and will be located just south of its parent settlement near the Mediterranean.

(e) Netiv Ha' Asara

The settlement of Netiv Ha'Asara lies inside so-called Israel but just outside Gaza's northern border. Consequently, it provides a geographical bridge with the northern settlement block inside the Strip and erases some of the physical boundaries dividing the Strip from so-called Israel proper.

2. THE CENTRAL SETTLEMENT BLOCK

The block of settlements found in the central part of the Strip is built on land belonging to members of the Abu Middain family. The Abu Middain family belongs to one of Gaza's largest bedouin tribes who have owned land in the Strip for several generations. Located eight kilometres south of Gaza City, the land expropriated was primarily agricultural and was used to grow grapes, figs and citrus fruits. By January l985,4,000 dunums (1,000 acres) were expropriated from 18 members of the Abu Middain community. The majority of grapevines, citrus and fig trees planted in these lands were left intact for use by Israeli settlers. One settlement was established on Abu Middain land and is known as Netzarim.

(a) Netzarim<br />

Netzarim was founded in 1972 and was the second settlement built in the Gaza Strip. As of January 1985, the settlement was occupied by 170 people living in 55 housing units. Initially, a military nahal, Netzarim became a civilian moshav (cooperative farm) in 1980. Palestinian farmers who own land adjacent to Netzarim have recently been prohibited from cultivating their land. Many of these fanners believe this is an attempt by the military authorities and the settlers to expropriate these lands for Netzarim, facilitating the expansion of the settlement.

3. THE EASTERN SETTLEMENT BLOCK

The eastern block is built on 200 dunums (50 acres) of land, portions of which once belonged to the Shawwa family. One settlement, Tel Montar, has been built in this area, southeast of Gaza City.

(a) Tel Montar

Tel Montar was created in 1982 as a nahal on 200 dunums of land. Originally a military post, the settlement is situated on an elevated area of strategic importance that overlooks Gaza City and the main roads leading to it. Furthermore, the site of Tel Montar provides as alternate road to central and southern Israel for settlers in the northern block and is the closest stopping point for Netzarim settlers travelling to socalled Israel. As a result of the settlement's strategic value-it also lies close to an airstripArabs are prohibited from building in parts of the eastern sector.

4. THE DEIR EL BALAH DISTRICT

Deir El-Balah is a village of approximately 15,100 people located south of Gaza City. In 1970, declarations of state land incorporated 450 dunums (1 12 acres) belonging to Deir El- Balah which were used for the establishment of Kfar Darom.

(a) Kfar Darom

This settlement of 30 people was established in 1970 on the site of a kibbutz (collective farm) that was destroyed by the Egyptian army in 1948. The first residential settlement in the Gaza Strip, Kfar Darom belongs to the Hapoel Hamizrahi movement.

5. THE SOUTHERN SETTLEMENT BLOCK

The southern part of the Gaza Strip is the site of intensive settlement activity. Between 1972 and 1984, a wall of eleven settlements, both inhabited and under construction, have been established along the coast and near the Strip's main water aquifers. The land in this part of Gaza is very sandy which has led to the development of a hothouse agriculture consisting mainly of vegetables and flowers. The eleven settlements of the southern block are situated on state land formerly a part of the towns of Khan Younis and Rafah.

The total land area of Khan Younis was 56,000 dunums (14,000 acres). By December 1984, the Zionists had confiscated 26,415 dunums (6,604 acres) or 47% of the total land area belonging to the town. Of the dunums acquired, 4 15 (1 04 acres) were expropriated from eleven farmers who used the land to grow crops of almonds, olives, wheat and barley.

Rafah contained a total land area of 50,200 dunums (12,550 acres) of which 12,365 dunums (3,091 acres) were declared state land. At present, 25% of the total area once belonging to Rafah is now under Zionist control. Many of the fruit trees planted on the expropriated land were destroyed together with the irrigation equipment used to farm it,

Of the eleven settlements in the southern part of the Strip, those constructed after 1977 are primarily religiousnationalist in orientation. The settlements include, in order of their establishment: Morag, Katif, Netzer Hazani, Ganei Tal, Mitzpeh Atzmonah, Gan Or, Gadid, Neve Dekalim, Bedolah, Atzmonah and Rafah Yam.

(a) Murag<br />

Morag was built in 1972 as a kibbutz producing agricultural products for export. It also contains a boxmaking factory and a workshop for tractor repair. Part of the Hapoel Hamizrachi movement, Morag also serves as a military outpost and contains 1,800 dunums (450 acres) of land expropriated from Rafah. One hundred and fifty people inhabit 45 housing units inside the settlement.

(b) Katif

Katif, located north of Khan Younis, was similarly established in 1973 as part of the Hapoel Hamizrachi settlement movement. Occupying 1,500 dunums (375 acres) of land, Katif is inhabited by 200 people living in 60 housing units. Additional housing units are planned. Katif is a moshav and agricultural hothouses provide the main form of economic activity.

(c) Netzer Hazmi

Founded in 1973 as a nahal, Netzer Hazani is situated on 2,000 dunums (400 acres) of land north of Khan Younis. As a moshav, the settlement engages primarily in agriculture hothouse production of flowers and vegetables and contains a fruit packing factory. Netzer Hazani houses 350 people in 100 units. It is part of the Hapoel Hamizrachi movement.

(d) Ganei Tal

Ganei Tal is a moshav which was founded in 1978. Located just next to Katif, it sits on 1,200 dunums (300 acres) of land belonging to Khan Younis. Like the settlement of Netzer Hazani and Katif, Ganei Tal belongs to Hapoel Hamizrachi and has 170 inhabitants. Fifty housing units exist inside the settlement.

(e) Mitzpeh Atzmonah

Mitzpeh Atzmonah is a kibbutz which began in 1979. There are 200 people living in 60 housing units inside the settlement which lies at the southern end of the Strip near the Egyptian border. The kibbutz occupies 2,000 dunums (500 acres) expropriated from the town of Rafah. Mitzpeh Atzmonah belongs to the Amana settlement movement.

(f) Gan Or

The moshav of Gan Or was established in 1980 on 1,000 dunums (250 acres) of land south of Khan Younis. The settlement's 180 inhabitants are engaged in agricultural production of vegetables, fruits and flowers and also earn income from a growing Israeli tourist trade. -Plans exist to increase the number of housing units inside the settlement from 50 to 124. Gan Or belongs to Hapoel Hamizrachi.

(g). Gadid

Located south of Khan Younis just next to Gan Or, Gadid was established in 1982 as a mshav primarily engaged in the production of flowers. Gadid occupies 1,200 dunums (300 acres) and is populated by 190 people living in 55 housing units. At present, there are plans to construct an additional 20 units. It is part of the Hapoel Hamizrachi settlement movement.

(h) Neveh Dekalim

Neveh Dekalim, founded in 1983, is the center of the southern settlement block. Located west of Khan Younis on 600 dunums (1 25 acres) of land, Neveh Dekalim contains 250 people and is one of the largest settler populations in the Strip. There are 70 housing units and plans exist to construct an additional 160. Neveh Dekalim is one of two settlements in the Gaza Strip belonging to the movement known as the Council of Settlements in the Gaza Strip.

(i) Bedolah and Atzmnah

Very little information is available on the settlements of Bedolah and Atzmonah, both established in 1983. Located north of Rafah, these two settlements have been planned as permanent dwellings for settlers who presently live in Morag. Population and land statistics are unavailable.

(j) Rafah Yam

Rafah Yam, established in 1984, is the latest of Zionist settlements in the Gaza Strip. Founded by the Council of Settlements in the Gaza Strip, Rafah Yam contains 60 people and 25 housing units. The settlement encompasses 1,000 dunums (250 acres) of land that lie very close to the Egyptian border. Largely a beach resort, Rafah Yam plans to construct a park and other recreational facilities for tourism. The settlement also engages in some fishing activities and light industry.

6. A SUMMARY

It is clear that in terms of population and size, the majority of settlements in the Gaza Strip are still small, ranging from 30-350 people. However, when measured in terms of land, Israeli settlements occupy a total area disproportionate in size to its population. The majority of settlers presently live in permanent residence while the remainder are awaiting completion of their permanent homes. Many settlements have a strong religious-political orientation and are ideologically committed to maintaining and extending their presence in the Strip. The majority of settlements engage in agricultural activities that compete and threaten their local counterparts for reasons already discussed. By 1985, for example, Israeli settlements together contained 600 dunums of hothouses while Arab farmers had hothouses on only 450 dunums. The Israeli vegetable marketing board, Agrexco, stopped marketing Arab-produced vegetables from the occupied territories, concentrating on those produced by Israeli settlements only.

Most of the settlements in the Gaza Strip are located in the south, along the coast near the Strip's water aquifers. This strategic position effectively gives the settlements a large degree of control over Gaza's water resources. According to local sources, despite stated water shortages in the Strip, Israeli settlements were allowed to dig several wells in 1984- 1985 while Arab farmers were prohibited from digging any.

The existence of Zionist settlements in the Gaza Strip not only competes with and threatens indigenous economic activities, but physically impinges upon Arab towns and refugee camps, constraining their future expansion. This is particularly true in the southern part of the Strip where many of the settlements virtually envelop the town of Khan Younis, the refugee camp and the Amal resettlement zone, whose total population exceeds 200,000 people. Given the population density currently existing among Arab residents of the Gaza Strip, the inability to expand beyond present borders portends many negative consequences. Similarly, plans designed to expand the number of Zionist settlements and the size of existing settlements, will exacerbate many of the physical, economic and political problems which already plague the Gaza Strip.

The political objectives of the settlement movement have, among other things, attempted to create a Zionist presence inside the Gaza Strip that would preclude a repetition of Sinai. However, the attainment of this objective has and increasingly will, create new and more complex problems for both Jews and Arabs living within the same borders.

THE UNITED NATIONS CONDEMNS THE CONFISCATION OF PALESTINIANS LANDS AND THE ESTABLISHMENT OF JEWISH SETTLEMENTS

Since 1967, the United Nations General Assembly and the Security Council have adopted many resolutions condemning Israeli policies in the occupied Arab territories and in particular:

(a) The confiscation and expropriation of Arab lands and properties in the occupied territories;

(b) The establishment of Israeli settlements in the occupied West Bank and Gaza;

(c) The transfer and settlement of Jews in the occupied West Bank and Gaza; nunaer ac usurpation of Palestinian Lands & Establishment of Jewish Settlements in the West Bank & Gaza Strip 1967-1 989

(d) That these acts and practices of Israel constitute a violation of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949.

RESOLUTIONS OF THE GENERAL ASSEMBLY

The General Assembly condemned these Israeli practices in the following resolutions:

Resolution 2851 (XXVI) of December 20, 1971 ; Resolution 3525 (XXX) of December 15, 1975; Resolution 32/5 of October 28, 1977; Resolution 33/413 of December 18, 1978; Resolution 34/90 of December 12, 1979; Resolution 35/I22 of December 11, 1980; Resolution 36/147 of December 16, 1981; Resolution 37/88 of December 10, 1982; Resolution 38/79 of December 15, 1983; Resolution 38/144 of December 19, 1983; Resolution 39/95 of December 14, 1984; and Resolution 4O/161 of December 16,1985.

The following are examples of the language of these resolutions. The General Assembly in its Resolution 3525 (XXX) stated:

Bearing in mind the provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, as well as of other relevant conventions and regulations,

4. Deplores the continued and persistent violation by Israel of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other applicable international instruments;

5. Condemns, in particular, the following Israeli policies and practices:

(a) The annexation of parts of the occupied territories;

(b) The establishment of Israeli settlements therein and the transfer of an alien population thereto;

(d) The confiscation and expropriation of Arab property in the occupied territories and all other transactions for the acquisition of land involving the Israeli authorities, institutions or nations on the one hand, and the inhabitants or institutions of the occupied territories on the other.

Again, the General Assembly in its Resolution 37/88 of December 10, 1982, stated the following:

Recalling also Security Council Resolution 465 (1 980) of 1 March 1980 in which, inter alia, the Council affirmed that the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations,

Bearing in mind the provisions of the Geneva Convention,

1. Reaffirms that the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;

2. Condemns once again the failure of Israel as the occupying Power to acknowledge the applicability of that convention to the territories it has occupied since 1967, including Jerusalem;

3. Strongly demands that Israel acknowledge and comply with the provisions of that convention in Palestinian and other Arab territories it has occupied since 1967, including Jerusalem;

4. Urgently calls upon all States party to that convention to exert all efforts in order to ensure respect for and compliance with its provisions in Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem.

Expressing grave anxiety and concern at the present serious situation in the occupied Palestinian and other Arab territories, including Jerusalem, as a result of the continued Israeli occupation and the measures and actions taken by the Government of Israel, the occupying Power, designed to change the legal status, geographical nature and demographic composition of those territories,

Considering that the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to all Arab territories occupied since 5 June 1967, including Jerusalem,

1. Determines that all such measures and actions taken by Israel in the Palestinian and other Arab territories occupied since 1967, including Jerusalem, are in violation of the relevant provisions of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and constitute a serious obstruction of efforts to achieve a just and lasting peace in the Middle East and therefore have no legal validity;

2. Strongly deplores the persistence of Israel in carrying out such measures, in particular the establishment of settlements in the Palestinian and other occupied Arab territories, including Jerusalem.

RESOLUTIONS OF THE SECURITY COUNCIL

The Security Council in the United Nations also condemned the Israeli practices and confiscation of Palestinians' lands and the establishment of Jewish settlements in the West Bank and Gaza in the following resolutions:

Resolution 237 (1967) of June 14, 1967; Resolution 252 (1968) of May 21, 1968; Resolution 267 (1969) of July 3, 1969; Resolution 271 (1969) of September 15, 1969; Resolution 298 (1971) of September 25, 1971; Consensus of Members on November 11, 1976; Resolution 446 (1979) of March 22, 1979; Resolution 465 (1980) of March 1, 1980; Resolution 478 (1980) of August 20,1980.

The following is an example of the language of the Security Council in these resolutions. The Security Council in its Resolution 465 (1980) of March 1, 1980, stated:

Taking note of the reports of the Commission of the Security Council established under Resolution 446 (1 979) to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, contained in documents S/1345O and Corr. 1 and S/13679,

Strongly deploring the refusal by Israel to co-operate with the Commission and regretting its formal rejection of Resolutions 446 (1979) and 452 (1979),

Affirming once more that the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

Deploring the decision of the Govemment of Israel to officially support Israeli settlement in the Palestinian and other Arab territories occupied since 1967,

Deeply concerned over the practices of the Israeli authorities in implementing that settlement policy in the occupied Arab territories, including Jerusalem, and its consequences for the local Arab and Palestinian population,

Taking into account the need to consider measures for the impartial protection of private and public land and property, and water resources,

Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city,

Drawing attention to the grave consequences which the settlement policy is bound to have on any attempt to reach a comprehensive, just and lasting peace in the Middle East,

Recalling pertinent Security Council resolutions, specifically Resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1979 and 298 (1971) of 25 September 1971, as well as the consensus statement made by the President of the Security Council on 11 November 1976, .

1. Commends the work done by the Commission in preparing the report contained in document Sll3679;

2. Accepts the conclusions and recommendations contained in the above-mentioned report of the Commission;

5. Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;

6, Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the Govemment and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem;

7. Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories;

8. Requests the commission to continue to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, to investigate the reported serious depletion of natural resources, particularly the water resources, with a view to ensuring the protection of those important natural resources of the territories under occupation, and to keep under close scrutiny the implementation of the present resolution;

9. Requests the Commission to report to the Security Council before 1 September 1980, and decides to convene at the earliest possible date thereafter in order to consider the report and the full implementation of the present resolution.

INTERNATIONAL LAW APPLICABLE TO MILITARY OCCUPATION

The laws governing military occupation of enemy territory and the protection of the civilian population in occupied territories were formally recognized in the second half of the nineteenth century and the beginning of the twentieth century by many declarations and conventions, from the Declaration of Paris in 1856 to the eleventh Hague Convention of 1907. These principles were also recognized in the London Agreement and the International Military Tribunal which tried Nazi and Japanese war criminals and by the Geneva Convention of 1949. We have dealt with this matter extensively in chapter eight. However, we feel it is important to summarize these principles in this chapter to demonstrate how the Israelis defied all these! principles.

The following is a summary of these principles:

1. The occupant does not in any way acquire sovereign rights in the occupied territory but exercises a temporary right of administration on a trustee basis ... the legitimate government of the territory retains its sovereignty but that the latter is suspended during the period of belligerent occupation.

2. The occupant is not entitled to alter the existing form of government, to upset the constitution and domestic laws of the territory occupied or set aside the rights of the inhabitants.

3. It is unlawful for the occupant to annex the occupied territory as long as the war continues. The occupant must not treat the country as part of his own territory, or consider the inhabitants as his lawful subjects.

4. Under a former rule of international law, belligerents could appropriate all public and private enemy property which they found on enemy property. This rule is now obsolete. The unrestrictedright to seize and take enemy property of every kind no longer exists.

5. Private property must be respected. It must not be confiscated or pillaged.

6. Immovable private enemy property may under no circumstances or conditions be appropriated by an invading belligerent.

7. Immovable properties in the occupied districts 'are held to be incapable of appropriation by an invader: The profits arising from them are free from confiscation and the owners are to be protected in all lawful use of them.'

8. Private personal property which does not consist of war material or means of transport serviceable for military operations may not as a rule be seized. Articles 46 and 47 of the Hague Regulations expressly stipulate that private property may not be confiscated, and pillage is formally prohibited.

These principles of international law establish beyond any doubt the inviolability of private property.

All acts of encroachment on private and public property in disregard of international law are incapable of creating or transferring title. Lauterpacht states, "if the occupant has sold immovable state property, such property may afterwards be claimed from the purchaser, whoever he is, without ... Go to part 8

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