A/HRC/22/63 ‗Israel‘‖ 5 disregarding 1947 UN Resolution 181 partitioning British Palestine into two States, Arab and Jewish6. 1950 • The ―Absentee Property Law‖ 1950 enables the Israeli Government to transfer the property left behind by Palestinians after the 1948 War for the exclusive use by Israel. The Law defines any Palestinian who ‗left his ordinary place of residence‘ for a place outside the nascent state as an ‗absentee‘. The definition is broadly interpreted and includes Palestinians who are deemed to have been absent, even though they are present within the territory of Israel. Such persons are termed ―present absentees‖. 1965 • Planning and Building Law No. 5725 is enacted by the Knesset. 7 It establishes a hierarchy of planning bodies (national, regional and local) responsible for land-use planning. The law requires development plans to be prepared, approved, and kept up to date. A permit may be refused if the development conflicts with a plan; penalties for unpermitted development may include, in extreme cases, demolition8 (Article 212 allows the State to demolish homes considered ―a public nuisance‖ 9). The Law is used by Israeli Governments to justify a large amount of demolitions of Palestinian houses, notably in Jerusalem after the Six-Day War.10 1967 • The Six-Day War. (5-10 June) • Military Order No 59 Regarding Government Property (Judea and Samaria [West Bank]) 5727-1967 defines ―State Lands‖ as any land belonging to an ―enemy state‖, or registered in its name. It authorizes the person delegated by the Commander of Israeli Defence Forces (IDF) in the Region to take possession of ―enemy state‘s‖ properties and to manage these at his discretion. The Order is used through 1979 to seize control of land registered in the name of the Jordanian Government.11 (7 June) 5 6 7 8 9 10 11 Law and Administration Ordinance No. 1 of 5708-1948, Full text and amendments consulted on: http://www.geocities.com/savepalestinenow/israellaws/fulltext/lawandadministrationord.htm A/RES/181(II)[A-B] Planning and Building Law, 5725—1965, Full text and amendments consulted on http://www.israellawresourcecenter.org/israellaws/fulltext/planningbuildinglaw.htm Amnesty International, ―Israel/Occupied Territories: Demolition and dispossession: the destruction of Palestinian homes‖. 8 December 1999 Human Rights Watch, ―Sample Judicial Demolition Order‖ [Translated by HRW from the Hebrew original Beer Sheva Magistrate Court BS 008759/05], March 2008 http://www.hrw.org/reports/2008/iopt0308/15.htm ICAHD submission to the Fact-Finding Mission http://icahd.org/node/429 B’Tselem, Land Grab, 2002. 25