Adalah demands that new military order prohibiting Palestinians' right of appeal against the confiscation of their property in the West Bank be cancelled

17/01/2014

Adalah Attorneys: The military order constitutes a serious violation of the Palestinians' right to own property and the right to a fair legal process; violates the principles of Israeli administrative law and prior Supreme Court rulings, international humanitarian law, international human rights law, and the International Court of Justice's Advisory Opinion on the Separation Wall.

On 16 January 2014, Adalah sent an urgent letter to the Attorney General, the Minister of Defense, and the Head of the Israeli Military's Central Command in the West Bank, demanding the immediate withdrawal of a new military order that allows the military commander to confiscate Palestinian property in the Occupied Palestinian Territory (OPT) without the possibility of appeal by the property owners before a military court.

Adalah Attorneys Nadeem Shehadeh and Fady Khoury argued in the letter that: "This military order constitutes a serious violation of the Palestinians' right to own property and the right to a fair legal process. It also violates the principles of Israeli administrative law and prior Supreme Court rulings, as well as international humanitarian law, international human rights law, and the International Court of Justice's Advisory Opinion on the Separation Wall."

Attorney Shehadeh further stated that: "The military order's alleged primary purpose is to prevent Palestinians accused of being 'security threats' or accused of conducting criminal activities from appealing the Israeli military's decision to expropriate their property, equipment and vehicles. This means that the only way for Palestinians to appeal confiscations is through the Israeli Supreme Court, which is a long and complicated process that requires large sums of money. Furthermore, the military can refrain from issuing permits for the affected people to go to court, and can thus prevent them from entering Israel for the completion of legal proceedings and the resolution of the case."

Attorney Khoury also emphasized that: "The military order is not reasonable. Its main goal is to close the legal avenues that are available to Palestinians under occupation, and that are guaranteed under international law, to attain their rights. A military order issued without any justification or explanation is illogical and illegitimate."

For more information:

See: Ha'aretz Editorial, "An apartheid legal system just got worse", 14 January 2014

See: Ha'aretz, "Palestinians aim to win back right to appeal property confiscations in military court", 17 January 2014