Britisg Aerial Photographs 1944:5

8/3/2019 Britisg Aerial Photographs 1944:5

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British Aerial Photograph from 1944/5with Surveyors Parcel Demarcations


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Results of Legal DisputesJune 1959-June 1963

(according to Govt. statistics)Total decisions 3,457

Of these

Decisions in state disputes 2,432 (68.5%).

Decisions in favor of state 1,882 (77%). Decisions after state withdrew claim 218

(8.9%).

Decisions against the state 299 (12.2%). Total area claimed 35,618 dunams.

Land awarded to the state 23,034.


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The States Litigatory Advantages as a

Compound Government Repeat Player

1) Vast resources (money, experience, knowledge).

2) Heavy case-load in one realm of law.

3) Executive influence on legislation and thegovernment legal system.

4) Permanent mechanism for screening weak claims(Inter-Departmental Committee for Assessing

State and CAP Claims).5) Courts and judges as part of government.

6) Ability to litigate strategically through a number of

legal entities: State of Israel, DA, CAP.


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Region-Based Internal Diffusion of Law

Region A

Primary Legislation Judicial DoctrinePolicy / Secondary LegislationParliament Supreme CourtExecutive Branch

Sociopolitical Space

Region BRegion CThe Galilee as a

A law generating region.NegevWest Bank


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State of Israel v. the Negev Bedouin:The Struggle for Land in the Desert

Context


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Basic Statistics on the Negev Bedouin

120-140,000 Bedouin in the Negev.

About 12% of Israels Palestinianpopulation.

14% of Negev population.

Hold 1.3% of the land, most of which is

considered illegal.


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Govt. Policy towards the Negev Bedouin

Late Mandate Period: 60-90,000 Bedouin in the Negev,which was divided into recognized territorial units, with internal

land administration, transaction, and inheritance system . 1948 through the 1950s: Expulsion or concentration in the

Sayag area (a closed military zone of more than 1 milliondunams ruled by Military Govt. South).

By 1949:Only 11,000 Bedouin remain in the Negev (19

tribes). 1960s: Evolution of policy of concentrating the Bedouin

population in planned towns.

1966 and onward:Efforts to implement the governmentspolicy of Bedouin concentration and urbanization.

The planned settlements:Tel Sheva, Rahat, Kseifeh, Hura, Arara, Lakiya, and SegevShalom.

Government officials classified all other Bedouin settlement asspontaneous and unrecognized.


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Planned Bedouin Townships - 1982

Th Ch i L l S


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The Changing Legal StatusOf Bedouin Land in the Negev

Late Mandate Period: A degree of British and Zionist recognition of

Bedouin land rights in the Negev. Concentration of the Negev Bedouin in the Sayag Zone resulted

in two categories of landholders:

a) 11 tribes moved from their land to the Sayag Zone.

b) 8 tribes who lived in the Sayag Zone area before 1948.

Land Acquisition Law, 1953 1960s:Onset of land settlement in the Negev, and evolution of the

strategy of claiming all Negev land as mewat.

1974 to the Present: Land settlement in the Sayag Zone and thenorthern Negev frozen, and unsuccessful attempts to reach a

compromise. 1976Recommendation of Team of Experts on Land Settlement

in the Sayag Zone and the Northern Negev: To claim all land in theregion as state land (mewat); to pay compensation only to Bedouinwho leave the area completely, or settle in one of the plannedtownships.

1980 Negev Land Acquisition (Peace Treaty with Egypt) Law


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Al-Huashla v. State of IsraelCA 218/74

First Supreme Court Civil Appeal of a BeerSheva District Court ruling on Bedouin landsettlement.

Ruling: The land is mewat, and appellantsdid not establish their rights to this land inaccordance with statutory law and case law.

According to Shamir, what did the courtsruling stem from?


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The Judicial Doctrines Applied by theSupreme Court in al-Huashla

1 Mile Rule Measuring the distance from the location of

the outermost house of a village or town in

1858, in order to classify land as miriormewat.

A Bedouin encampment does not qualify as

a village or town. 1921 Mewat registration requirement.

What do these doctrines have in common?

What are the implications for Shamirs analysis?

R i B d I t l Diff i f L


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Region-Based Internal Diffusion of Law

Region A

Primary Legislation Judicial DoctrinePolicy / Secondary LegislationParliament Supreme CourtExecutive Branch

Sociopolitical Space

Region BRegion CThe Galilee as a

A law generating region.NegevWest Bank


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The Three Branches of Israeli Government

and their Role in the Struggle for the LandInside the Green Line

The Executive Policy development andpromotion of legislation aimed at

deepening Jewish control of Israeli space. The Legislature Support of government

policy.

The Judiciary Development of doctrinessupporting government policy.

Britisg Aerial Photographs 1944:5

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