The Faculty of Graduate Studies awarded the researcher Khaldoun Ismael Ibraheem Dweikat a Master’s Degree in Public Law in response to his thesis entitled “Israeli violations of private property in the occupied Palestinian territories categorized as "C" In-depth study of issues and special cases: "Settlement Regulation Law""”.
This study aims at identifying the Settlement Regulation Law, which was legislated by the Israeli Knesset at the end of 2016, through an in-depth study of the provisions of the law, the knowledge of the hierarchy that was presented, its objectives and the implications thereof, as well as the resulting effects of that law. The researcher will investigate all the related laws and judicial resolutions, as well as the Settlement-related reports in general, and the Settlement Regulation Law in particular. In order to achieve the objectives of the study, the researcher has analyzed and employed many laws, reports, agreements, and military orders relating to the occupied Palestinian territories issued by the occupying state, i.e. Israel. The researcher will also use all the legal reports issued by active Israeli human rights organizations mainly those which relate to the occupied territories and the Settlement Regulation Law.
The study results show that the Settlement Regulation Law is the most dangerous law that the occupying state has imposed and made effective in the occupied Palestinian territories. It constitutes an aggressive violation of the private property rights guaranteed by the internal laws and regulations; it is also legislated basically to end the legal instability of the Israeli settlements since the beginning of their existence in the occupied territories. The Settlement Regulation Law has been enacted to finalize and end the ongoing legal controversy about these settlements despite the condemnation- by the Security Council- of the entire settlement project under Resolution (2334) in December 2016.
The study concludes that the Israeli occupation does not comply with international rules and law and does not recognize the Palestinian rights on their land. Israel does not only recognize the Fourth Geneva Convention; it also bans its application within the boundaries of the Palestinian territories which are, according to Israel, part of the State of Israel. The Israeli position contradicts the Palestinian position which considers the Israeli presence in the occupied Palestinian territories to be an occupation and the Palestinian territories to be subject to international rules governing the state of occupation. The researcher has also concluded that the signing of agreements between the Palestinians and the occupying state, for example the Oslo Accords, confirms that the State of Israel is an occupying entity that unintentionally has recognized the Palestinian presence on its territory and that the PLO is the sole representative of the Palestinian people. The researcher recommends that ending this conflict requires more effective international intervention to compel the occupying state of Israel to respect and apply international rules relating to the occupied Palestinian territories especially the issue of settlement, and the obligation of the occupying state to stop these violations immediately, and evacuate all the settlements. Furthermore, the Palestinians must employ all available legal means to defend their rights including filing cases against Israel before the International Criminal Court to resist and fight the settlers and the Settlement Regulation Law as it is considered a serious violation- under Article (147) of the Geneva Convention- the rights of protected persons and for the confiscation of protected property.
The committee consisted of: Dr. Jonny Assi as a main supervisor and Chairman, Dr. Mohammed Shlaldeh as an external examiner and Dr. Nael Taha as an internal examiner.
At the end of the session, the committee approved the success of the researcher and recommended him a Master’s degree.
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