JERUSALEM, April 26, 2010 (WAFA)- The Israeli High Court rejected a petition filed by Palestinian residents of Mas-ha village, and the Association for Civil Rights in Israel, (ACRI).
The petition was filed against the construction of the illegal Israeli wall which runs on lands of the village and causes the loss of their lands. Palestinian residents stated in their petition that the construction of the wall wasn't based on security concerns but rather on political views in order to confiscate more Palestinian lands through the construction of the wall for the expansion of existing Jewish settlements.
The petition also expressed a rejection to the state of isolation that the Israeli Government imposes on the village through the construction of the wall as some Palestinian houses are isolated behind of the wall and are disconnected from the village's centers of life.
In its ruling, the High Court accepted the villagers' statements that the segregation wall is damaging their lands and properties, but under the pretext of 'security', a rerouting of the segregation wall will not be applicable, the court stated.
Mas-ha village is located 12.5 Km to the west of Salfit city in the northern of the West Bank. The village has a total population of 1,977 (PCBS 2007) and spreads over a total land area of 8225 dunums ( 1000m2 ). Under the signed Oslo II Accord of September 1995, Mas-ha village lands were classified to areas “B” and “C” as a part of withdrawal process to be completed before the end of 1999 prior to the instigation of negotiation over the final status issues. Table 1 illustrates the areas distribution for each:
Throughout the years of Israeli occupation, Mas-ha village has witnessed the effects of the Israeli aggressions and violations on the ground such as the confiscation of lands for the establishment of Israeli settlements and other military purposes. Table 2 gives details of the Israeli settlements that were established on lands of Mas-ha village.
The establishment of Israeli settlements has caused Mas-ha village the loss of 2280 dunums of its lands (28% of its total area). The village has also suffered from the construction of the Israeli segregation wall as 9.2 km wall run today on lands of Mas-ha village and isolates a total land area of 4250 dunums, 51.7% of Mas-ha total land area; See Table 3 for more details
In July 2003, the International Court of Justice (ICJ) passed an advisory opinion declaring that Israel's Wall is illegal. The Court based its decision on existing international law, including the Fourth Geneva Convention, the Hague Regulations, various human rights treaties, and UN Security Council resolutions.
The ICJ advisory ruling did state clearly that the existing of the wall is a contradiction to international law, and by that all states are urged not to recognize it; The ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in July 9, 2004.
“The Court has reached the conclusion that the construction of the wall by Israel, the occupying power, in the Occupied Palestinian Territory including in and around East Jerusalem and its associated régime, is contrary to international law and has stated the legal consequences that are to be drawn from that illegality”.
Also “Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem.”
“All States are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction; all States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.”
Also the construction of the Israeli Apartheid Segregation Wall clearly violates:-
Hague Convention IV (18 October 1907): Convention Respecting the Laws and Customs of War on Land: Article (23):'To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war'.
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949, Article 53: “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered necessary by military operations.”
