HJC 3979/23 Salah B’uirat v. Military Commander in the West Bank and Head of the Civil Administration

Date of submission: May 24, 2023

Saleh B’uirat owns a plot of land located near the town of Kafr Malik in the West Bank. For years, the family freely accessed the plot to cultivate and maintain it, planting wheat, lentils, and other crops from which they drew an income.

The family’s access began to suffer when the unlawful settlement of Kochav Hashachar was established in the 1970s. Then, the settlement’s main gate, built in the 2000s, blocked a path to the plot. Later, when several unauthorized outposts were built, the family’s access was severely curtailed, and they began suffering from settler violence. Denied direct access, family members were forced to try to reach the plot using detours, which were longer and more dangerous due to settler violence. As a result, they accessed the plot less frequently.

The family’s absence was exploited, and in June 2019, while visiting his plot, B’uirat discovered settlers had taken over his land and planted trees on it. Shortly after, the family filed a complaint over the agricultural takeover with the Israel Police, but they did nothing. B’uirat contacted the Head of the Civil Administration and the Military Legal Advisor in the West Bank via Yesh Din, demanding they see to it that the invasion of his plot is removed. However, despite repeated letters to the Civil Administration, and despite the removal orders it issued against the invading settlers, the Israeli authorities took no action, and B’uirat effectively lost access to his land.

In May 2023, B’uirat petitioned the High Court of Justice, via Yesh Din, against the Head of the Civil Administration and the Commander of the Israeli military in the West Bank (together, the respondents), demanding they act to remove the settler takeover of his land. The petition asserted that the ongoing agricultural invasion was a testament to the utter disrespect for the rule of law in the West Bank and the repudiation of the respondents’ obligations under international humanitarian law, Israeli law, and Supreme Court rulings. In a response from September 2023, the respondents asked the court to have the petition stricken, claiming it was moot given their plan to clear the invasion within 180 days “subject to operational considerations”, i.e. by March 19, 2024. Yesh Din objected and demanded the petition remain pending until the invasion is removed, given the grim experience and the fact that so many years had gone by with no enforcement measures from the respondents. The court accepted Yesh Din’s position to keep the petition pending and instructed the respondents to provide an update on the state of the plot by March 19, 2024.

On March 21, 2024, three days after the planned removal, the respondents said they would not be removing the agricultural invasion at this time, allegedly due to circumstances related to the ongoing war in Gaza. The respondents asked for an extension of time to file their update about the plot until July 2024. Yesh Din said in its response that the refusal to remove the agricultural invasion stems from unacceptable political motivations and that the respondents should not be given an extension as they were already extremely late in enforcing the law and fulfilling their obligation under international humanitarian law and Israeli law. The Court accepted the respondent’s request and instructed them to provide an update by May 15, 2024. They have since submitted additional extension requests.

In May, the media exposed a letter dated March 20, 2024, in which the military commander of the West Bank admitted the past year had seen an increase in invasions and illegal construction by settlers in the West Bank, sometimes with the assistance of local government officials. The letter named the agricultural invasion of B’uirat’s land as an example of the lack of enforcement in cases of takeover and invasion of private land by Israelis. According to the letter, since March 2023, the removal of illegal Israeli invasions and construction by law enforcement agencies requires the approval of the Settlement Directorate. This is a government agency established under Minister Bezalel Smotrich, the true purpose of which is to remove administrative powers concerning settlements in the West Bank from the military.

Responding to the extension request, Yesh Din demanded, on B’uirat’s behalf, that the court issue an order nisi and stop delaying the invasion’s removal, in light of the express lack of intent to do so thus far, as indicated in the aforesaid letter. The letter itself was quoted extensively and attached as an exhibit of the response. The Court decided to give the respondents an extension until May 27.

On May 27, the respondents submitted a response retracting their political argument regarding the lack of law enforcement on B’uirat’s land and said they were planning to remove the invasion within 21 days, that is, by June 17, 2024. On June 2, 2024, Yesh Din asked the court to instruct the respondents to meet their obligations, remove the invasion of B’uirat’s land, and provide an update on the status of the removal by June 17, 2024. The court accepted Yesh Din’s request on June 3, 2024, and instructed the military and the Civil Administration to provide an update on the status of the removal enforcement by June 17, 2024. On June 10, 2024, the respondents informed the court the invasion was removed that day.

Yesh Din checked to confirm, and since the invasion had been removed, filed a motion to have the petition stricken with a costs order on June 27, 2024. On July 18, 2024, the Court accepted Yesh Din’s motion, instructed the petition stricken, and ordered the respondents to pay 4,000 ILS in costs.

Petition status: stricken.