Israel High Court Gives Army Green Light To Evict Palestinians from Masafer Yatta

Two-decade legal battle over ownership of area south of Hebron may be nearing its end

Mohamed Abu Sabha guided his flock of grazing sheep into the rugged terrain of the South Hebron Hills early on a recent June morning, ahead of the scorching sun’s heat.

Abu Sabha, a father of five girls and a boy and a resident of the village of Khirbet al Fakheit in the Masafer Yatta area, told The Media Line that this year, the Israeli military tore down parts of his property several times. He says he received the first demolition notice in 2016.

“Since the beginning of this year, the army demolished rooms attached to my house, a water well, and a barn for the livestock three times, most recently at the beginning of June,” says Abu Sabha.

This area of 8,000 to 14,000 acres known as Masafer Yatta includes 12 Palestinian residential hamlets housing a total of nearly 1,000 people. It is located south of the city of Hebron in the southern West Bank. It is part of Area C, under Israeli civil and military control according to the Oslo Accords.

The Palestinian inhabitants live from agriculture and livestock.

For more than two decades residents of Masafer Yatta argued their case in Israeli courts, and last month, Israel’s highest court gave the military permission to permanently evict residents here and use the area as a firing zone to train its military.

Abu Sabha says they provided documents proving their ownership of the land.

“This is land belonging to the West Bank, and we have proofs issued by the Israeli Civil Administration in our names that the ownership of the land belongs to us, yet they want to displace us from here on the pretext that this is a military zone.”

We mourn the demolition of our home. All we think about is that. We feel despair.

Fatema, his 14-year-old daughter, told The Media Line she and her siblings are devastated by the decision.

“My village means a lot to me. Here I was born and here I was raised. We mourn the demolition of our home. All we think about is that. We feel despair.”

Palestinians and activists say if Israel goes through with its plans, it will be the biggest eviction of Palestinians in decades, and that the real motive is to clear away Arab residents from the area.

“The real reason behind our displacement is that they want to evacuate the area for the benefit of the Israeli settlers. There are Jewish settlements around us, but we are not treated the same way. Israel provides them with all the comforts like water and electricity so that they can stay here,” says Abu Sabha.

The decision comes just weeks before a visit by US President Joe Biden to Israel and the Palestinian territories, initially planned to take place this month, but now expected in July.

State Department spokesman Ned Price told reporters he implored both Israelis and Palestinians to avoid steps that increase tensions.

“This certainly includes evictions,” he said.

Meanwhile, the European Union called on Israel to halt the demolitions.

A United Nations human rights panel warned that the “forcible transfer” of residents would amount to “a serious breach of international and humanitarian and human rights laws.”

Certainly, it is a clear violation of international law and is considered a war crime, and those responsible for what is happening must be held accountable.

Karim Gibran, field research manager at B’Tselem, an Israeli human rights organization, told The Media Line what Israel is doing is illegal.

“Over the course of 20 years, the Israeli government has created inhumane conditions that constitute a form of forced displacement of the residents of the area. Certainly, it is a clear violation of international law and is considered a war crime, and those responsible for what is happening must be held accountable.”

The Supreme Court fully accepted the State of Israel’s position and ruled that the petitioners were not permanent residents of the area. The court also noted that the petitioners rejected any attempted compromise offered to them.

The Israeli military says, “The vital importance of this firing zone to the Israel Defense Forces stems from the unique topographical character of the area, which allows for training methods specific to both small and large frameworks, from a squad to a battalion,” adding in a statement that the demolitions were in accordance with the high court’s yearslong review and its unanimous ruling on behalf of the military.

“The Supreme Court fully accepted the State of Israel’s position and ruled that the petitioners were not permanent residents of the area,” the statement said. “The court also noted that the petitioners rejected any attempted compromise offered to them.”

When I look into the eyes of my grandchildren, I grieve a lot. I get emotional when I see them sitting under the heat of the sun.

Wadha Abu Sabha, Mohamed’s mother who lives with him, told The Media Line they spend their days under a tree, away from the heat.

She fights back tears when she describes their lives.

“It’s very difficult. When I sit alone and watch the rubble and our belongings scattered all over. When I look into the eyes of my grandchildren, I grieve a lot. I get emotional when I see them sitting under the heat of the sun.”

While The Media Line was there, the army served several demolition notifications to residents of a nearby village.

“The Civil Administration came and issued demolition notices for homes, water wells, and solar cells [to be implemented] within three days,” Mohammad from Khirbet at-Tabban told The Media Line.

While the Palestinian Authority threatens to take the case to the International Criminal Court, Abu Sabha insists that he won’t leave.

This is our land; we were raised in it, and we live in it. … We will not leave no matter what happens, no matter how hard they try. Even if they kill us here, we will not abandon this place.

“This is our land; we were raised in it, and we live in it. They are trying in various ways to force us to leave, but we will not leave no matter what happens, no matter how hard they try. Even if they kill us here, we will not abandon this place,” he said.