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Israeli outpost

Outpost Givat Asaf in the West Bank.

In Israeli law, outposts ( Hebrew מאחז , maahaz , plural maahazim letters. “Outpost”) are unauthorized or illegal Israeli settlements in the West Bank , built without permission from the Israeli government in violation of Israeli laws governing the design and construction .

In Israeli law, outposts differ from settlements in that the settlements are authorized by the Government of Israel. This distinction between illegal outposts and “legal” settlements is not approved by international law; both are regarded as a violation of the rules governing the occupied territories in relation to the West Bank. [one]

Outposts appeared after the Oslo Accords in 1993, when the Israeli government committed to freeze the construction of new settlements [2] . Despite the fact that the outposts were not officially supported by the government, according to the 2005 Sasun report commissioned by Prime Minister Ariel Sharon, Israeli authorities play an important role in their formation and development.

Outposts differ from quarters ( districts ) in that they are built at a considerable distance from full-fledged settlements, while districts (quarters) are attached to existing settlements.

In July 2002, the Government of Israel recognized that since 1996, 69 outposts had been created [3] . Some of the least populated were subsequently dismantled. Currently, there are several hundred posts [4] [5] Most of them, about 70 in 2002, belong to the Haman movement . [6] .

In 2012, ten unauthorized outposts were retroactively legalized by the Government of Israel under the leadership of Prime Minister Benjamin Netanyahukak areas of nearby settlements, the Israeli non-governmental organization Shalom Ahshav reports.

Outposts are often guarded by the Israel Defense Forces [7] .

Content

History

In 1993, the Rabin government committed itself to freezing the construction of new settlements. However, settlers built new settlements without a government decision, but often with the involvement of Israeli government and other government bodies and ministries, such as the Israeli Ministry of Construction , the settlement department of the World Zionist Organization and the Israeli civil administration. [8]

Outpost Characteristics

The population of outposts, as a rule, is from a few people to 400 people. They usually consist of modular homes , such as caravans. However, they can also be modified into permanent housing. In addition, there are “paved roads, bus stops, synagogues and playgrounds.” [9]

According to Sasson's report, there are four main characteristics of unauthorized outposts:

  1. There was no government decision to create it.
  2. An outpost was created without the status of legal planning.
  3. An unauthorized outpost is not tied to an existing settlement, and is at least a few hundred meters in a straight line.
  4. The outpost was created from the mid-nineties and later.

Sasson defines an outpost as a (unauthorized) settlement that is not tied to an existing settlement. Otherwise, it is regarded as an unauthorized area (quarter). In addition, outposts can be built within or outside the officially defined boundaries of municipalities. Although the Government of Israel recognizes that settlements built on land privately owned by Palestinians are illegal, it generally provides them with military protection, access to public services and other infrastructures [10] .

Outposts and neighborhoods

Outposts differ from neighborhoods in that they are built at a considerable distance from full-fledged settlements. Like outposts, neighborhoods (such as Ulpan in Beit El ) can be built without permission. Due to the vagueness in concepts, disputes often arise whether new homes are considered an extension of an existing settlement or the beginning of a new outpost. According to Shalom Akhshav , the Israeli government is trying to mislead by legalizing outposts as areas of existing settlements [11] .

Post Types

Outposts on state land and private lands

Israel distinguishes between outposts built on state land and those built on private lands. After the case of Elon More, in 1979, the Israeli government officially pursues a policy of inadmissibility of the construction of new settlements on private Palestinian lands [12] [13] .

The Netanyahu government seeks to legitimize outposts on state land and to liquidate outposts of private lands [14] . Since this state land is part of the occupied territories, permission can make them legal under Israeli laws, but it does not change their legal status in accordance with international law.

There are two types of state ownership of land in the West Bank:

  1. Land registered as state land under the Jordanian rule, seized in 1967 and declared as state property by military order No. 59 (1967);
  2. Land declared state after a change in law in 1979.

Most of the state land belongs to the latter type. According to Betzel , the declaration of state land was doubtful in many cases [15] . Israel officially applies Ottoman land law, but uses an interpretation of the law that is different from Ottoman, British mandate, and Jordanian rule. [16] International law prohibits the occupying Power from changing local legislation in force in the occupied zone (which was in force on the eve of its occupation), unless such a change is necessary for defense needs or for the benefit of the local population.

Fake Outposts

Some fictitious outposts were used to divert the Israeli army to prevent the evacuation of real outposts [17] . Others were intended to improve negotiations and show the world that the state is dismantling outposts [18] . The idea of ​​fictitious outposts is attributed to Zeev Hever, a former leader of the Jewish underground . Sasson’s report notes that most of the evacuated settlements were uninhabited.

Military Outposts

Theoretically, military outposts are temporarily occupied for strategic military purposes, and not for the settlement of civilians. However, in the occupied territories they became the main way to start civilian settlements. [19] .

Number of Outposts

There are currently several hundred outposts. The report estimates the number of unauthorized outposts as of March 2005 at 105. It was found that 26 outposts were built on public lands, 15 on private Palestinian lands and 7 on border lands. Due to the different interpretations of the terms “outpost” and “quarter”, the number of outposts (and settlements) may vary.

In 2012, four new outposts were created with 317 new residential buildings built without a building permit: Tsofin Zafon near Kalkiliya , Nahli Tal near Talmon settlement near Ramallah , Nahalat Yosef near Nablus and Hill 573 as part of the expansion of the Itamar settlement, according to the organization of Shalom Ahshav [20] .

Outpost List

List of dismantled outposts

  • Kerem Atzmon (dismantled in 2005)
  • Alon Sea Darom (built in 2002, dismantled in 2003)
  • Sewer Shomron Maarav (built in 2001, dismantled in 2003)
  • Shaharit (built in 2003, dismantled in 2003)
  • Guinot Arie (built in 2001, dismantled in 2004)
  • Tal Benyamin (built in 2002, dismantled in 2004)
  • Tipheret Israel (built in 2004, dismantled in 2005)

Legalized outposts

Some settlements were built illegally, but were later officially recognized by the government. Some of them:

  • Rachelim - legalized in 1998 as part of Netanyahu's coalition agreement with the Moledet party
  • Ha Nekuda - legalized in 2001 as part of the Itamar settlement
  • Givot-Olam
  • Ginot-Shomron
  • Ramat Gilad

See also

  • Wall and tower
  • Israeli settlements in the West Bank and Gaza

Links

  • BLACKBERRYS Outposts (Maahazim) in Judea and Samaria

Notes

  1. ↑ Asʻad Ġānim. Palestinian Politics After Arafat: A Failed National Movement. - Indiana University Press, 2010 .-- P. 32.
  2. ↑ Eyal Benvenisti. The International Law of Occupation. - Oxford University Press, 2012 .-- P. 236.
  3. ↑ Geoffrey Aronson New "Outposts" Lead Settlement Expansion. Settlement Report 12 No. 5 (unopened) . Foundation for Middle East Peace (September – October 2002). Date of appeal April 16, 2013. (unavailable link)
  4. ↑ Peace Now, Data-sheet Settlements and Outposts Numbers and Data Archived October 11, 2013. , at Settlements and Outposts Archived March 9, 2013.
  5. ↑ Settlement Outposts (unopened) (inaccessible link) . Foundation for Middle East Peace. Date of treatment April 16, 2013. Archived November 18, 2008.
  6. ↑ Sara Leibovich-Dar The Zambish factor (neopr.) . Haaretz (July 11, 2002). Date of appeal April 16, 2013.
  7. ↑ Gili Cohen IDF troops provide security for all West Bank outposts - regardless of legal status (unspecified) . Haaretz (April 3, 2013). Date of appeal April 16, 2013.
  8. ↑ Talia Sasson Summary of the Opinion Concerning Unauthorized Outposts (Neopr.) . Sasson Report . Israel Ministry of Foreign Affairs (March 10, 2005). Date of treatment March 6, 2011.
  9. ↑ Tovah Lazaroff . Settler Affairs: Running for the hilltops , The Jerusalem Post (June 25, 2009). Date of treatment March 6, 2011.
  10. ↑ New Commander Should Protect Palestinians From Settler Violence , Targeted News Service (November 22, 2011). Date of treatment September 9, 2012.
  11. ↑ Peace Now, For the First Time Since 1990 - the Government is to Approve the Establishment of New Settlements Archived March 4, 2016 by Wayback Machine , section The Trick that failed: Legalization as a neighborhood of an existing settlement . April 19, 2012
  12. ↑ Peace Now, Settlements in Focus - Behind the Barrier: A Profile of Elon Moreh , Settlement in Focus: Vol. 1, Issue 10, Section Why was Elon Moreh's establishment particularly significant? ; September 16, 2005
  13. ↑ Nir Shalev, Under the Guise of Legality - Israel's Declarations of State Land in the West Bank (4.6 MB), pp. 12-15, 56-60. B'Tselem, February 2012.
    (p.13) Government Decision No. 145 of 1 November 1979: "On 11 November 1979, about one month after the ruling in the Elon Moreh case, the government decided" to expand the settlement in Judea, Samaria, the Jordan Valley, the Gaza Strip and the Golan Heights by increasing the population of the existing communities and by establishing new communities on state-owned land. ”
    (p.59): “International law, [which] forbids the occupying power to change the local law in force in the occupied area on the eve of its occupation, unless such a change is necessary for security needs or for the benefit of the local population. ”
  14. ↑ Chaim Levinson and Barak Ravid Israel vows to raze all illegal outposts built on private Palestinian land (unopened) . Haaretz (March 1, 2011). Date of appeal April 16, 2013.
  15. ↑ B'Tselem, LAND GRAB - Israel's Settlement Policy in the West Bank , pp. 40.51-54, Chapter 3, B Declaration of Land as State Land . May 2002. Summary:
  16. ↑ Peace Now, June 2009, Methods of Confiscation Archived October 13, 2013 on Wayback Machine
  17. ↑ Akiva Eldar, The defense minister and the case of the disappearing outposts . Haaretz, 11 July 2002
  18. ↑ Haaretz, Focus / Yesha sacrifices trailers in a larger game . July 1, 2002
  19. ↑ Christian Science Monitor, Israel plans 16 outposts in West Bank and Golan . February 3, 1982
  20. ↑ Chaim Levinson Approval for settlement plans jumped 300% in 2012, says Peace Now (unopened) . Haaretz (January 16, 2013). Date of treatment April 22, 2013.
Source - https://ru.wikipedia.org/w/index.php?title=Israeli outpost&oldid = 98481123


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