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Argument: Israel uses sham legal tools to justify settlements

Issue Report: Israeli settlements

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“Land Grab: Israel’s Settlement Policy in the West Bank”. The Israeli information Center for Human Rights. May 2002: “The principal tool used to take control of land is to declare it “state land.” This process began in 1979, and is based on a manipulative implementation of the Ottoman Lands Law of 1858, which applied in the area at the time of occupation. Other methods employed by Israel to take control of land include seizure for military needs, declaration of land as “abandoned assets,” and the expropriation of land for public needs. Each of these are based on a different legal foundation. In addition, Israel has assisted private citizens purchasing land on the “free market.” […] The process employed in taking control of land breaches the basic principles of due procedure and natural justice. In many cases, Palestinian residents were unaware that their land was registered in the name of the state, and by the time they discovered this fact, it was too late to appeal. The burden of proof always rests with the Palestinian claiming ownership of the land. Even if he meets this burden, the land may still be registered in the name of the state on the grounds that it was transferred to the settlement ‘in good faith.'”