Salman H. Abu Sitta, Atlas of Palestine 1917-1966
Salman H. Abu Sitta, Atlas of Palestine 1917-1966
Salman H. Abu Sitta, Atlas of Palestine 1917-1966
Palestine
1917-1966
Atlas of
Palestine
1917-1966
SALMAN H. ABU-SITTA
The right of Salman H. Abu-Sitta to be identified as the author of the work has been asserted herein in
accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved. This book is sold subject to the condition that it shall not, by way of trade or
otherwise, be lent, resold, hired out or otherwise circulated without the publisher’s prior consent
in any form of binding or cover other than that in which it is published and without a similar
condition including this condition being imposed on the subsequent purchaser.
ISBN 978-0-9549034-2-8
ii
To the People of Palestine
At home and in exile
Acknowledgements
This Atlas is an enlarged, extended and edited edition of the “Atlas of Palestine 1948”,
published in 2004. New material was obtained and updated. The coverage period was
extended to 1917-1966.
The success of the first Atlas, the positive reviews it received and the fact that all that
edition was sold out, encouraged us to produce this new Atlas.
This project received financial assistance from the same sources mentioned in the previ-
ous edition which is gratefully acknowledged.
The technical work was undertaken by V. S. Abhilash with help from K. Balaji. The Index
was prepared by Abdullah Samir Fouad. The technical support from Alaa Hmoud, Shurouk
el Khatib, Ahmed Saad and Tharwat Zaza was very helpful. The text and references have
been ably compiled and typed by Sunitha D’Souza.
The artwork of page layouts and design was undertaken with skill, creativity and commit-
ment by Waleed Abu-Ghazaleh of Khayal Consultants, (www.khayal.com). This product
is truly his labour of love.
To all named and many others unnamed, including those who poured over the pages of the
first Atlas to find their village or birth place, and sent very touching letters of appreciation,
I am truly grateful for their support, contribution and advice.
iii
Contents
PART I: GENERAL REVIEW
1 Historical Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.1 The British Mandate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.2 The Partition Plan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.3 Palestine Borders.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
(a) The Border with Egypt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
(b) The Border with Syria and Lebanon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(c) The Border with Jordan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(d) The Legacy of Creating Palestine Borders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 The Land and People of Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2.1 Population.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2.2 The Geography of Palestine.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2.3 Surveying the Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2.4 Village Statistics, 1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Box: Classification of Land in Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Box: Land Tenure in Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48-49
2.5 Land in Jewish Possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Box: Jewish Organizations in Palestine during the Mandate. . . . . . . . . . . . . . . . . . 47
2.6 State Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Box: British Mandate Government Land Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2.7 Beer Sheba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2.8 Infrastructure, Public Amenities and Religious Sites.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
2.9 Summary of Land Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
2.10 Selected Palestinian Towns and Villages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
3 Al Nakba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
3.1 The Conquest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
3.2 The Armistice Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
3.3 Al Nakba Register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
4 The Aftermath: The Destruction of Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
4.1 Patterns of Dispersion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
4.2 Plunder and Destruction of Palestinian Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
4.3 Disposition of Palestinian Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
4.4 Political and Legal Fictitious Framework to seize Palestinian Property. . . . . . . . . 131
4.5 Changing the Landscape.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
4.6 Population Distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
4.7 Water and Agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
4.8 The Return Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
4.9 Epilogue: Palestine/Israel Transformation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
PART II: THE ATLAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
iv
List of Maps
1.1 The Partition Plan of Palestine ac- 2.3 Triangulation Network of Palestine as 3.10 The Demilitarized Zone in Jerusalem
cording to UN Resolution (181) of 29 on 31 December 1946. . . . . . . . . . . . . . . . . . . . . . . 26 according to the Agreement of July
November 1947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7, 1948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
2.4 Completed Land Settlement 1936,
1.2 Land of Palestinian Tribes in Sinai 1947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3.11 Ceded Strip in Nocturnal
annexed to Egypt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Negotiations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
2.5 Layout of Cadastral and Topographic
1.3 Map annexed to the Agreement Sheets.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3.12 No Man’s Land at Jerusalem.. . . . . . . . . . . . 100
of 1st October 1906 demarcating
2.6 Palestine Districts and Sub-Districts 3.13 No Man’s Land at Latrun. . . . . . . . . . . . . . . . . . . 100
the Administrative Line between
Measured Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Palestine and Egypt. . . . . . . . . . . . . . . . . . . . . . . . . . 9 3.14 The Changing Armistice Line in
2.7 Land Ownership by Town/Village Jerusalem and Latrun Areas. . . . . . . . . . . . . 101
1.4 The Final Location of Disputed
according to Village Statistics (1945)... 39
Boundary Pillars as awarded by the 3.15 The Dissected Villages by the
Taba Arbitration Tribunal. . . . . . . . . . . . . . . . . . . 10 2.8 Population Composition by Town/ Armistice Line in the West Bank and
Village according to Village Statistics Gaza Strip and Their Land Areas on
1.5 The Zionist and Sykes-Picot Border
(1945). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Either Side of the Line. . . . . . . . . . . . . . . . . . . . . . . 102
Proposals to the Peace Conference,
Paris, 1919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.9 Population Composition of Localities 3.16 DMZ at Palestine/Syria Border and
as designated by Village Statistics Village Land Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
1.6 (a) Map showing the Demarcated
(1945) with addition of Non-Capitals... 39
Boundary between Palestine and 3.17 Sources of Armistice Line
Syria/Lebanon on 3rd February 1922 2.10 Land Claimed in Jewish Possession Demarcation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
by Newcombe and Paulet (part: according to Weitz and Lifshitz. . . . . . . . . 42
3.18 The Classification of all Palestinian
Sheet I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.11 State Domain in Palestine. . . . . . . . . . . . . . . . . 52 Villages and Jewish Colonies in 1948
1.6 (b) Map showing the Demarcated in relation to the Armistice Line. . . . . . . . . 106
2.12 Greater Jerusalem, 1947. . . . . . . . . . . . . . . . . . . 61-65
Boundary between Palestine and
3.19 The Classification of all Palestinian
Syria/ Lebanon on 3rd February 2.13 Old City of Jerusalem, 1948. . . . . . . . . . . . . . 66-67
Villages and Jewish Colonies in 1948
1922 by Newcombe and Paulet (part:
2.14 Haifa, 1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-69 with respect to their Status. . . . . . . . . . . . . . . 106
Sheet II, III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.15 Acre (Akka), 1945-1953. . . . . . . . . . . . . . . . . . . . . 70 3.20 Reasons of Exodus for Depopulated
1.7 Boundary Pillars on Palestine Border
Palestinian Villages.. . . . . . . . . . . . . . . . . . . . . . . . . . . 117
with Syria and Lebanon showing 2.16 Jaffa, 1944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Israeli Claims of Border Disputes. . . . . . 14 3.21 Dates, Operations and Reasons for
2.17 Lydda, 1942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Exodus.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
1.8 Map showing the Boundary Point on
2.18 Ramle, 1947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
the Gulf of Aqaba as agreed by the 3.22 The 1948 Massacres and Atrocities.... 118
British Representatives of Palestine 2.19 Nazareth, 1946. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
4.1 Israeli-run Forced Labour Camps in
and Transjordan on May 30, 1946. . . . . 14
2.20 Safad, 1942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
1.9 Map showing Al Baqura, Naharayim
2.21 Tiberias, 1942.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 4.2 Homes of the Palestinian Refugees
and Jisr al Majami’, as annexed to
(1948). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
the Jordan-Israel Peace Treaty of 2.22 Baysan, 1943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
1994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.3 Palestinian Refugees in Exile.. . . . . . . . . . . . 122
2.23 Beer Sheba Photo-Map, 1945-1946.... 78
1.10 Map showing an Example of 4.4 The Dispersion of Bayt Mahsir
2.24 Majdal and ‘Askalan (Ashkelon)
Changes in the Course of River Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Photo-Map, 1942-1945.. . . . . . . . . . . . . . . . . . . . . 78
Jordan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4.5 The Dispersion of al Ramle Town. . . . . . 123
2.25 Al-Khalil (Hebron. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
1.11.00 Map showing the Exchanged Lands
4.6 Patterns of Ethnic Cleansing. . . . . . . . . . . . . 124
between Jordan and Israel at Wadi 2.26 Nablus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Arabah based on Jordan-Israel 4.7 The Global Distribution of
3.1 Land Conquest up to March 30,
Peace Treaty of 1994 from available Palestinians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
1948. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Maps with 9 details. . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4.8 Landscape Destruction. . . . . . . . . . . . . . . . . . . . . 129
3.2 Land Conquest up to May 15, 1948.... 86
1.11.01 Ghor Feifa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4.9 Depopulated and Destroyed Historic
3.3 Land Conquest up to June 11, 1948
1.11.02 Wadi el Jeib.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Towns and Sites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
(First Truce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
1.11.03 Sahl el Faddan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.10 Confiscated Land in 1953/1954.. . . . . . . . 132
3.4 Land Conquest up to July 18, 1948
1.11.04 El Hufeira. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 (Second Truce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 4.11 Land Confiscated by JNF.. . . . . . . . . . . . . . . . . 133
1.11.05 Al Ghamr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.5 Land Conquest up to October 24, 4.12 Changing Landscape (Dead Sea):
1948 (Yoav). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Dead Sea before and after Diversion
1.11.06 Wadi el Baha. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
of River Jordan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
3.6 Land Conquest up to October 31,
1.11.07 El Risha. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
1948 (Hiram). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4.13 Changing Landscape (Lake Hula):
1.11.08 Naqb Turaba/Baiyan. . . . . . . . . . . . . . . . . . . . . . . . . 19 Lake Hula before and after Draining.... 137
3.7 Land Conquest up to January 18,
1.11.09 Sabkhet Taba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4.14 (a,b) The Remaining Palestinian
Towns and Villages.. . . . . . . . . . . . . . . . . . . . . . . . . . . 139
2.1 (a,b) Main Terrain Features, Areas 3.8 Land Conquest up to April 1949
and Lengths of Palestine. . . . . . . . . . . . . . . . . . . 23 (Final Phase).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4.15 Density of Jewish Population. . . . . . . . . . . . 140
2.2 Cultivation and Rainfall.. . . . . . . . . . . . . . . . . . . . . 24 3.9 Initial Armistice Line at Gaza Strip. . . . . 98 4.16 Density of Palestinian Population. . . . . . 141
v
List of Maps Continued
4.17 Present Land Use of Palestine 1948... 142 4.20 Well Abstractions in the Western 4.25 Return to Southern District.. . . . . . . . . . . . . . . 150
Aquifer (2005). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
4.18 Water Resources in Palestine: Wells 4.26 Cities Repatriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
and Springs (1920-1943).. . . . . . . . . . . . . . . . . . . 143 4.21 Vacant Sites of Depopulated Villages. 148
4.19 Water Resources of Palestine: 4.22 Land Use of the Southern Region. . . . . 149
Surface Water (Jordan River System)
4.23 Villages of Origin for Jabaliya Camp... 149
and Groundwater (4 Transboundary
Aquifers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 4.24 Return to Northern District. . . . . . . . . . . . . . . . 150
List of Tables
1.1 Population Partitioned by UN 2.15 Analysis of Stein’s Figures. . . . . . . . . . . . . . . . 40 3.2 War Crimes (Atrocities, Massacres,
Resolution 181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Destruction, Plunder and Looting)
2.16 Tabled and Measured Areas of Map
1947-1956. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92-97
1.2 Land and Villages Partitioned by UN by J. Weitz and Z. Lifshitz as at
Resolution 181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 December 1944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3.3 Summary of Village Lands’ Area in-
side, outside and within the Armistice
1.3 Comparison between Jewish land 2.17 Comparison of the Holdings
Line (AL) with Palestine Total. . . . . . . . . . . . . 102
& areas allocated to the Jewish and of Various Jewish Colonization
Palestinian states according to the Companies over the Years from 3.4 Code for Classification of Villages
Partition Plan (UN Resolution 181)...... 7 Different Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 with respect to Armistice Line and
their Depopulation Status. . . . . . . . . . . . . . . . 104
2.1 Population of Palestine Including 2.18 Comparison of Large Jewish
Jews (1922-1946. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Holdings and Weitz Map. . . . . . . . . . . . . . . . . . . 43 3.5 Summary of Measured Areas
of Village Lands Separated or
2.2 Population of Palestine, Including 2.19 Jewish Land according to Granott.. . . 43
Dissected by the Armistice Line by
Jews, Classified by Sub-District
2.20 Land Sales to Jews in Palestine District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(Total, Rural) and by Town (Urban)
by Non-Palestinian Absentee
according to 1931 Census. . . . . . . . . . . . . . . . 22 3.6 Classification of All Palestinian
Landlords. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Villages and Jewish Colonies in
2.3 Jewish Immigration to Palestine
2.21 State Domain at the end of 1943.. . . . . . 51 Palestine (1948) by Number. . . . . . . . . . . . . 105
(1920-1945). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2.22 State Domain by Sub-Districts at the 3.7 Classification of All Palestinian
2.4 Cultivated Areas under Principal
Beginning of 1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Villages and Jewish Colonies (1948)
Crops 1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
inside Armistice Line and within it.. . . 105
2.23 Cultivated Land and Rainfall (1948)
2.5 Seasonal Distribution of Crops
and Population (1998) of Beer Sheba 3.8 Palestinian Towns (including Mixed)
1944-1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Tribes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 and Villages that fell under Israel in
2.6 Series of the 100,000 Scale 1948 (inside and within AL). . . . . . . . . . . . . . 107
2.24 Airfields (Airports and Landing
Topographic Maps, Names and
Grounds) and Military Camps in 3.9 Al Nakba Register. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Numbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Mandate Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
3.10 Classification of Exodus Causes by
2.7 Early Field Surveys and Detailed
2.25 Roads and Railways in Mandate Morris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Mapping 1921-1927. . . . . . . . . . . . . . . . . . . . . . . . . . 27
Palestine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
3.11 Assignment of Reasons for Exodus
2.8 District and Sub-District Official
2.26 Government, Public and Service per Each District.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Names and Areas (1945). . . . . . . . . . . . . . . . . . . 29
Buildings and Installations. . . . . . . . . . . . . . . . 56
3.12 Level of Destruction of Villages.. . . . . . . 119
2.9 Summary of Population Composition
2.27 Wells, Springs and Cisterns by
and Land Ownership according to 4.1 Distribution of Registered Refugees
District in Mandate Palestine. . . . . . . . . . . . 56
Village Statistics (1945). . . . . . . . . . . . . . . . . . . . . 29 according to Type of Residence. . . . . . 124
2.28 Religious Sites by District in
2.10 The Full Text of Village Statistics 4.2 Percentage of Registered Refugees
Mandate Palestine excluding
1945 by Village/Town and (Sub)- in Exile by Dates of Birth. . . . . . . . . . . . . . . . . . 124
Jerusalem Old City. . . . . . . . . . . . . . . . . . . . . . . . . . . 57
District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31-37
4.3 The Global Distribution of
2.29 Ownership of Land in Palestine ac-
2.11 Average Figures for Population and Palestinians in mid-2008. . . . . . . . . . . . . . . . . . 125
cording to Official Records. . . . . . . . . . . . . . 58
Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4.4 Palestinian Refugees and Internally
2.30 Scope of Palestinian Arab Land in
2.12 Classification Codes of the Villages/ Displaced Palestinians (1950-2005)... 125
Israel according to Hadawi, Kubursi
Towns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
and UNCCP (Berncastle). . . . . . . . . . . . . . . . . 58 4.5 Landscape Looting, Destruction
2.13 Summary of Village Classification by and Re-Occupation.. . . . . . . . . . . . . . . . . . . . . . . . . 128
2.31 Israeli Estimates of Palestinian
District for all Palestine. . . . . . . . . . . . . . . . . . . . . 38
Refugees’ Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 4.6 Land Confiscated by Israel in
2.14 Comparison of Jewish Holdings at 1953/1954.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
3.1 Israeli Conquest Operations. . . . . . . . . . . . 87
1944 end from Various Sources. . . . . . . . 40
vi
List of Tables Continued
4.7 List of Refugees’ Land ‘sold’ to JNF 4.10 Changing Areas of Israel. . . . . . . . . . . . . . . . . . 136 4.14 Allocations or consumption of
in January 1949 and October 1950 transboundary water resources
4.11 Number of Remaining Villages in
(The first and second million) and between Palestine (1967) and Israel
Israel (1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
their Usage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 (Palestine 1948), 2003 [MCM/y, mil-
4.12 Present Land Use in Israel. . . . . . . . . . . . . . . 142 lion cubic metres per year]. . . . . . . . . . . . . . . 145
4.8 Palestinian and Jewish Land Held
by ILA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 4.13 Distribution of Recorded Water Use 4.15 Phases of Rural Repatriation. . . . . . . . . . . 148
over two User Groups based on
4.9 Value Estimate of Seized 4.16 Phasing of Cities Repatriation.. . . . . . . . . 150
Records from 1920- 1943. . . . . . . . . . . . . . . 144
Palestinian Property according to
Hadawi and Kubursi. . . . . . . . . . . . . . . . . . . . . . . . . 135
List of Photos
2.1 Acre (Akka), 1918.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 2.9 Nablus, 1918.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 2.17 Isdud, 1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
2.4 Ramle, 1917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2.12 Al- Khalil (Hebron), 1918. . . . . . . . . . . . . . . . . . . . 82 2.20 Qisariya (Caesarea), 1918.. . . . . . . . . . . . . . . . . 84
2.5 Nazareth, 1917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 2.13 Tul Karm, 1918.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 4.1 Destruction of Old City of Tiberias.. . . 127
2.6 Safad, 1918.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2.14 Bayt Jibrin ca 1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Excavating Destroyed Jaffa
4.2 Neighbourhood. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
2.7 Tiberias, 1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 2.15 Iraq al Manshiya, 1918. . . . . . . . . . . . . . . . . . . . . . 83
List of Figures
2.1 Comparison of Holdings of Various 4.1 Typical UNRWA Refugee Card.. . . . . . . . . 123 4.4 Population Projection. . . . . . . . . . . . . . . . . . . . . . . . 152
Jewish Colonization Companies
from Different Sources. . . . . . . . . . . . . . . . . . . . . . 43 4.2 The Percentage of Rural, Urban, 4.5 Restoring Landscape. . . . . . . . . . . . . . . . . . . . . . . . 153
Registered, Unregistered Refugees 123
3.1 The Correlation between Israeli
Operations, Massacres and Village 4.3 Palestinian and Israeli Freshwater
Depopulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Consumption Rates, 1940-2005. . . . . . . 144
vii
Part 1
General Review
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Chapter I
Historical Overview
1.1 The British Mandate Jerusalem by Christmas. 2 He was right to be Jewish state in Palestine. Theodor Herzl, editor
pleased. Beer Sheba was the key to Palestine of an influential Viennese paper and the founding
On the evening of October 31, 1917, with over- at its southern gate. Palestine now lay open to father of Zionism, first elaborated the idea in his
whelming force, the British army over-ran the British occupation. book Der Judenstaat [The Jews’ State] published
small Turkish garrison in the town of Beer Sheba in 1896.5 A year later in Basle, Switzerland, Herzl
in a surprise attack from the south and east. The Several months earlier, and thousands of kilo- convened the First Zionist Congress to promote
attack had been expected from the west. The metres away in Britain, talks between a Jewish the idea.
Turkish flag opposite the mosque was lowered research chemist, Chaim Weizmann and the
and the Union Jack was raised. Thus ended 1400 British Foreign Secretary, Arthur James Balfour, Herzl’s efforts to obtain European backing for the
years of Arab Islamic rule. aimed to facilitate the establishment of a ‘na- idea, however, failed. The Turkish Sultan Abdel
tional home for the Jews’ in Palestine, were under Hamid, the absolute ruler of the decaying and
The British invading army - known as the Egyptian way. Several drafts of a declaration drawn up at poor Ottoman Empire, also rebuffed Herzl. “I
Expeditionary Force (EEF) - was led by General Balfour’s request were made in the summer of cannot sell one square foot of Palestine,” said the
Allenby. Allenby had succeeded General Murray 1917 but it was kept under lock and key, lest the Sultan. “Palestine is the patrimony of Muslims and
in June 1917 after Murray had twice failed to take Arabs should know about it. It would be the last I will not sell it for the gold of the world. Let the
Gaza. British forces had sustained high casualties case of European colonialism in the East. Jews keep their millions. If the Empire is divided,
in the failed attack. General Allenby’s guns and maybe the Jews will get it for nothing, but only
new tanks, however, reduced many buildings in When Allenby’s telegram carrying the news of on our dead bodies”.6 Herzl died without seeing
Gaza to ruin including historic buildings such as British success in Beer Sheba reached London, his dream realized.
the government saraya (mansion). The ancient al- possibly on November 1, Balfour opened his
Omari mosque also sustained heavy damage. locked drawer and announced on November Following at least two decades of knocking in
2, 1917 what became known as the Balfour vain on the doors of European colonial powers,
The British invading army consisted of 150,000 Declaration. The 67-word letter, signed by Balfour, however, the Zionist movement achieved suc-
soldiers from the British Dominions, which and addressed to Lord Rothschild, a leading cess. With the stroke of a pen, the British Foreign
included British, Australian, New Zealand and English Jew in sympathy with Zionist aspira- Secretary brushed aside the 1918 Anglo-French
Indian regiments. The hard work of building tions, reads: Declaration7 to set up free and independent gov-
railways to carry supplies, installing water pipes ernments in the liberated Arab region in favour of
across the Sinai, building camps and stores, car- His Majesty’s Government view with favour the the establishment of a Jewish national home in
rying ammunition and unloading ships was left establishment in Palestine of a national home Palestine. Commenting on the implications of the
to a 150,000-strong Egyptian labour force who for the Jewish people, and will use their best Declaration, Balfour bluntly observed that,
were ‘conscripts’ from remote Egyptian villages. endeavours to facilitate the achievement of this
Although they had nominal contracts, they were object, it being clearly understood that nothing … in Palestine, we do not propose even to go
in fact forced labour. They died in the hundreds shall be done which may prejudice the civil and through the form of consulting the wishes of the
from dehydration and exploding ammunition, and religious rights of existing non-Jewish com- present inhabitants of the country.... The four
were buried in large unmarked mass graves.1 munities in Palestine, or the rights and political great powers are committed to Zionism, and
status enjoyed by Jews in any other country. 3 Zionism, be it right or wrong, good or bad, is
Pleased by the feat of the Australian 4th Light rooted in age-long tradition, in present needs,
Horse Brigade, which was the first to penetrate The Balfour Declaration was a crowning achieve- in future hopes, of far profounder impact than
the Turkish defences of Beer Sheba, Allenby ment for the energetic but still small minority of the desires and prejudices [not the rights] of
sent a telegram to London informing him of adherents to political Zionism.4 The central tenet the 700,000 Arabs who now inhabit this ancient
the capture of Beer Sheba and hoping to be in of political Zionism was the establishment of a land. 8
1 For more on the Egyptian Expeditionary Force see, A Brief The Decadence of Judaism in our Time. Beirut: The Institute of 6 Rafiq Shaker an-Natche, Sultan Abdel Hamid II and Palestine.
Record of the Advance of the Egyptian Expeditionary Force, Palestine Studies, 1969; Elmer Berger, Who Knows Better Must [Arabic]. Beirut: Arab Institute for Studies and Publishing, 1991,
July 1917-October 1918, London: HMSO, 1919. See also, Abu Say So. 2nd Edition. Beirut: The Institute of Palestine Studies, pp. 178-79. Also see, Hassan Ali Hallaq, The Ottoman State and
Sitta Salman, Egyptian Labour: Builders of Empire, [Arabic] Al 1970; Alfred Lilienthal, What Price Israel? 2nd Edition. Beirut: Zionism. Beirut: ad-Dar al-Jamiyya, 1980, p. 122.
Hilal, Cairo, Vol. 111, April 2003, pp. 42-48. The Institute of Palestine Studies, 1969; Bernard Avishai, The 7 Joseph M.N. Jeffries, Palestine: The Reality. New York: Long-
2 Mark Cocker, Richard Meinertzhagen: Soldier, Scientist and Tragedy of Zionism. New York: Helios Press, 2002; Baruch mans, 1939, pp. 237-38.
Spy. London: Secker and Warburg, 1989, p. 99. Kimmerling, The Invention and Decline of Israeliness, State, 8 Christopher Sykes, Crossroads to Israel, 1917-1948. Blooming-
3 The Balfour Declaration is reprinted in Survey of Palestine, Vol. Society and the Military. Los Angeles: University of California ton: Indiana University Press, 1973, p. 5. For a Jewish study of the
I, London: Her Majesty’s Stationary Office, Reprinted in Full by Press, 2001. Balfour Declaration see, Leonard Stein, The Balfour Declaration.
the Institute for Palestine Studies, 1991, p. 1. 5 Theodore Herzl, The Jewish State. New York: Dover Publica- Jerusalem: The Magnes Press and Hebrew University, 1983.
4 For a critical review of political Zionism see, Moshe Menuhin, tions, 1988.
3
P a r t I : G e n e r a l R e v i e w
Balfour was not only convinced that supporting home for the Jews in Palestine, Britain denied The Mandate granted full political and civil
Zionism was a sound colonial enterprise and to the people of Palestine the attainment of rights in Palestine to the Jewish minority and the
that the Jews were its best managers but that their independence in exercise of their right of Jewish Diaspora; it failed, however, to recognize
the Arabs’ rights need not be taken into account self-determination… the political rights of the indigenous Palestinian
because they were, Arab majority who comprised 92 percent of the
[It] was politically mischievous because it has population, and referred to them merely as the
Wholly barbarous, undeveloped and unorgan- sown the seeds of a bloody conflict between non-Jewish population of the country.
ized black tribes. 9 Arabs and Jews who had previously co-existed
in peace and harmony for centuries in Palestine To advance Zionist aims, Weizmann worked
The Balfour Declaration followed an earlier agree- and in other Arab countries. Moreover, it brought on two political fronts and delivered opposite
ment between French and British diplomats to the most disastrous consequences to the peo- messages. In meetings with Arab leaders he
carve out respective spheres of influence in the ple of Palestine…. Lord Islington [stated], “This preached peaceful co-existence and promised
eastern part of the Arab world. According to the scheme of importing an alien race into the midst bountiful goods coming out of Jewish wealth
1916 Sykes-Picot Agreement10, Iraq and Palestine of a native local race is flying in the very face of and industry. In so doing, the rights and interests
would fall under British control. The British al- the whole of the tendencies of the age…. It is of the Arab majority in Palestine would not be
ready occupied Egypt. The French would control literally inviting subsequent catastrophe.13 compromised and,
northern part of greater Syria (eventually divided
into Syria and Lebanon). At the same time that Having secured the support of the British govern- not a hair on the Arabs’ heads will be touched…
diplomats Mark Sykes and Francois Georges Picot ment for the creation of Jewish state in Palestine, never it is our objective to turn anyone out of
were meeting in secret talks to divide the Middle the Zionist movement directed its efforts towards his property.17
East, Allied planes were dropping leaflets on Arab the Paris Peace Conference of 1919 at which the
towns and cities, reaffirming Allied support for nascent League of Nations addressed the status of But in his meetings with British colonial officials,
Arab independence.11 those Arab provinces formerly part of the Ottoman he discouraged them from giving any considera-
Empire. The Mandate System was set up to facili- tion to the rights of the Arab majority in Palestine,
British and American officials in Palestine ac- tate the independence of these non-self-governing because,
knowledged that it would be difficult to implement territories, including Palestine. According to the
the Declaration.12 The Declaration ushered in more Covenant of the League of Nations14, Palestine The Arab is treacherous … superficially clever,
than ninety years of bloodshed and suffering. As was considered a Class ‘A’ Mandate, which rec- worships one thing only: power and success…
the Palestinian jurist, Henry Cattan, observed, ognized its eventual independence. Paragraph 4 dishonest, uneducated, greedy, inefficient,
“the Balfour Declaration was legally void, morally of Article 22 of the Covenant reads: shifty…18
wicked and politically mischievous.”
Certain communities, formerly belonging to the On the colonial front he was successful. Great
First, it was legally void, because the consent Turkish Empire have reached a stage of devel- Britain was given the responsibility, as Mandatory
of the people of Palestine, who were the indig- opment where their existence as independent power, to provide such administrative advice and
enous and sovereign inhabitants of the country nations can be provisionally recognized subject assistance until Palestine emerged as an inde-
(sovereign in the full sense of the term after their to the rendering of administrative advice and pendent state. The inherent contradiction in the
detachment from Turkey), was never asked or assistance by a Mandatory until such time as Mandate for Palestine plagued the British tenure
obtained. The Balfour Declaration was also they are able to stand alone.15 in the country. According to Ronald Storrs, the
void because Turkey, as the legal sovereign British governor of Jerusalem from 1917 to 1926
over Palestine at the time of the issue of the Zionist officials, however, successfully lobbied for who considered Zionism a tool to advance British
Balfour Declaration, did not consent to it… inclusion of the contents of the Balfour Declaration interests in the region, the Palestine Mandate had
[hence the insistence that it should be included in the Palestine Mandate. Contrary to the purpose a peculiar character. While the beneficiary of all
in the Peace Treaty with Turkey]. In addition, the of the Mandate System, the Palestine Mandate other mandates was the actual inhabitants of the
Balfour Declaration was also void because the thus aimed to facilitate colonization of the country country, the Palestine Mandate benefited “any
British government, a foreign power in regard through Jewish immigration and settlement in Jew no matter wherever he lives”.19
to Palestine, did not possess, nor had it ever order to secure the establishment of a Jewish
possessed, any sovereignty, right of disposition, national home. According to Article 6, Herbert Samuel, a proponent of Zionism and a
or jurisdiction over Palestine, that enabled it to previous adviser to the Zionist Commission un-
grant any rights, be they political or territorial, to The Administration of Palestine, while ensuring der Weizmann, was appointed as the first High
an alien people over the territory of Palestine…. that the rights and position of other sections of Commissioner of Palestine in January 1920.
The Balfour Declaration was tantamount to the the population are not prejudiced, shall facilitate The League of Nations, however, only ratified
issue of a false promissory note. Jewish immigration under suitable conditions the Mandate on July 24, 1922, two years after
and shall encourage, in co-operation with the Samuel’s appointment. The Mandate could not
The Balfour Declaration was morally wicked Jewish agency referred to in Article 4, close have fully acquired its proper legal form before
because it amounted to ‘one nation solemnly settlement by Jews on the land, including State August 1924 when Turkey signed a peace agree-
promising to a second nation the country of lands and waste lands not required for public ment with the Allied powers.20 The early appoint-
the third.’ In effect, by its promise of a national purposes.16 [emphasis added] ment of Samuel thus created a legal anomaly.
9 Quoted in: Phillip Knightly and Colin Simpson, The Secret Lives 11 Ibid. Administration of Palestine in such economic, social and other
of Lawrence of Arabia. London: Thomas Nelson and Sons, 1969, 12 John Quigley, Palestine and Israel, A Challenge to Justice. matters as may affect the establishment of the Jewish national
p.112. In 1903, Herzl commissioned David Lloyd George, as a Durham: Durham University Press, 1990, p. 12. home and the interests of the Jewish population in Palestine,
lawyer, to draft the charter for the Jewish Colonization Trust, 13 Henry Cattan, The Palestine Question. 2nd Edition. London: and, subject always to the control of the Administration, to assist
for the purpose of creating a Jewish colony in East Africa. In Saqi Books, 2000, pp. 13-15. Also see, Sami Hadawi, Bitter and take part in the development of the country. The Zionist
1904, Weizmann, a professor of chemistry introduced Balfour, Harvest: A Modern History of Palestine, Scorpion Publishing Organisation, so long as its organisation and constitution are in
MP for his Manchester constituency, to Zionism. In 1917, Balfour Ltd., London, 1989; W. Khalidi (ed.), From Haven to Conquest: the opinion of the Mandatory appropriate, shall be recognised
became Britain’s foreign minister and Lloyd George was prime Readings in Zionism and the Palestine Problem until 1948. 2nd as such agency. It shall take steps in consultation with His
minister. The old charter was amended to suit Palestine with the Edition. Washington, DC: The Institute of Palestine Studies, 1982. Britannic Majesty’s Government to secure the co-operation
proviso that the rights of the “existing non-Jewish communities” For an analysis of the Balfour Declaration and international law of all Jews who are willing to assist in the establishment of the
be taken into account. See, Kattan, Victor, From Coexistence to see, Henry Cattan, Palestine and International Law. London: Jewish national home.
Conquest: International law and the Origin’s of the Arab-Israeli Longman, 1973; Francis A. Boyle, Palestine, Palestinians and Ibid.
Conflict, 1891-1949, London: Pluto Press, 2009, pp 36-37. International Law. Atlanta: Clarity Press Inc., 2003; W.T. Mallison, 17 Sykes, supra note 8, p.95. See also David Hirst, The Gun and
10 See, generally, A.L. Tibawi, Anglo-Arab Relations and the The Legal Problems Concerning the Judicial Status and Political Olive Branch. London: Faber and Faber, 2003, p.162, and
Question of Palestine 1914-1921. London: Luzac & Company Activities of the Zionist Organization/Jewish Agency. Monograph Minutes of Meeting with: A.J. Balfour, W. Churchill, Weizmann
Ltd., 1977. The agreement later came to light in October 1917 No.14. Beirut: Institute for Palestine Studies, 1968; W.T. Mallison and others, pp.59-61.
during the Bolshevik revolution that toppled the Czarist regime and S.V. Mallison, The Palestine Problem in International Law 18 Letter from Balfour to Weizmann dated 30 May 1918, quoted
in Russia. Revolutionaries found the document in the files of and World Order. Essex: Longman, 1986; and, Musa Mazzawi, in: Doreen Ingrams (ed.), Palestine Papers, 1917-1922; Seeds
the departing Russian government. Russia (and Italy) were each Palestine and the Law. Reading: Ithaca, 1997. of Conflict. London: John Murray, 1972, p.31
given each a small piece of the Turkish pie under the agreement. 14 The Covenant of the League of Nations is reprinted in Survey 19 Ronald Storrs, Orientations. London: Nicholson and Watson,
The revolutionaries made public the secret agreement to the of Palestine, Vol. I, supra note 3, pp. 2-3. 1945, p. 358, n. 3. Also see, Sahar Huneidi, A Broken Trust:
great embarrassment of the British and French. The revelation 15 Ibid. Herbert Samuel, Zionism and the Palestinians. London: New
did not change the policy of the colonial powers. Also see, 16 Mandate for Palestine, supra note 3. According to Article 4, York: I.B. Taurus, 2001, p. 21.
George Antonius, The Arab Awakening: The Story of the Arab An appropriate Jewish agency shall be recognised as a public 20 For more on legal issues see, Sykes, supra note 8.
National Movement. New York: Capricorn Books, 1965. body for the purpose of advising and co-operating with the
4
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
During his tenure (1920-1925), Samuel oversaw the They sent delegations to London and petitions to Palestinian parties and groups; prohibited the pos-
promulgation of some one-hundred ordinances, European powers and even the Pope. They also session of arms; and, applied collective punish-
which paved the way for the establishment of took to the streets to demonstrate. Numerous ment on villages, demolishing houses, destroying
the basic infrastructure of a Jewish state.21 This clashes between Palestinians, the British and provisions and rounding up able-bodied men.
included legislation concerning immigration, Jewish inhabitants and new immigrants took Possession of a pistol could lead to execution;
land usage, recognition of Hebrew as an official place, including incidents in 1921, 1929 and in possession of a knife to long-term imprisonment.
language, acknowledgement of the Sabbath as the context of a general strike and uprising (Arab At the same time, British forces provided training
an official holiday, the opening of credit banks Revolt) against British policy that lasted from and support to the Jewish pre-state militia, the
to facilitate land sales, and the establishment 1936 to 1939. Haganah.32 By 1939, the British inflicted an earlier
of Jewish cooperative societies. The roots of Nakba on Palestine.
separatism were thus firmly laid for Israel to be After clashes in May 1921, Sir Thomas Haycraft,
built on the ruins of Palestine.22 who headed a commission to investigate the riots, With WWII looming on the horizon, Great Britain
concluded that the root cause of the civil unrest was eventually forced to reconsider its heavy-
A Jewish Agency was set up to coordinate the was the Arab resentment of the British policy of handed approach towards the Arabs in order to
establishment of a Jewish national home in allowing Jewish immigrants into Palestine.27 The gain their support for the war effort. The Colonial
Palestine with the British administration. Zionist British government set up another inquiry (Shaw Secretary, Malcolm MacDonald, issued a new
organizations slowly acquired land for Jewish Commission) after serious riots erupted in 1929 White Paper in 1939 in which Britain pledged
settlement, albeit with limited success. (See, Land when a number of Jews set up appurtenances at support for an independent Palestine to be estab-
in Jewish Possession, Section 2.5.) More impor- Burak Wall (the Western boundary of the Noble lished in ten years.33 The paper also recommended
tantly, mass immigration resulted in a sizeable Sanctuary, al-Haram al-Sharif) known to Jews as limits on Jewish immigration (75,000 Jews over
Jewish minority. By 1948 the Jewish population the Western [Wailing] Wall. The local Palestinian five years and thereafter only with the Palestinian
constituted 30 percent of the total population of Arab population viewed the structures as an at- Arab consent) and restrictions on the transfer of
the country.23 The Zionist movement was able to tempt to change the religious status quo in the Old Arab land. Zionist officials objected strenuously.
establish separate armed fighting units, whose City. An international commission, which visited In May 1942, 600 Zionists met in New York in the
number reached the unprecedented ratio of 20% Palestine in June 1930 to investigate the matter, Biltmore Hotel and announced a Program that
of Jewish immigrants, an educational system, concluded that the Wall was Muslim property. “[all of] Palestine be established as a Jewish
industrial infrastructure including power genera- Although the Jews should continue to pray there commonwealth integrated into the structure of
tion (Rutenberg), water (Mekorot) and construction “as per custom”, they had no property rights the new democratic world”.34
(Solel Boneh), a banking system, and a Jewish- and were thus not allowed to install permanent
only labour union (Histadrut).24 structures.28 This was another blow to the national aspirations
of the Palestinian people. US President Theodore
This led to problems with the native Palestinian In the early 1930’s, the British government dis- Roosevelt was reminded of this by King Abdel
Arab majority who opposed the creation of an- patched Sir John Hope-Simpson to investigate Aziz of Saudi Arabia when they met in February
other state in their country. They expressed grave the agricultural conditions of Arab farmers. Jewish 1945. Roosevelt tried to persuade the King about
concern about mass Jewish immigration, loss land acquisitions had rendered many Palestinian the need to allow Jews to immigrate to Palestine
of land for Zionist colonization, and attempts to cultivator-tenants landless. Hope-Simpson was to relieve their plight in Nazi Germany and asked
change the religious status quo. Every conceiv- followed by another expert, Lewis French. They about his suggestions on the matter. “Let the
able peaceful means was used to plead their both concluded that Jewish immigration and culprits pay the price; not the innocent bystand-
case.25 They demanded the establishment of a settlement was “not in the best interest of the ers,” stated Abdel Aziz. “Why not give the Jewish
democratically elected legislative council and Arabs”. 29 Concerned about the threat to Arab victims the best of German houses and lands?
self government institutions as promised by the living conditions and possible instability in the What harm did we Arabs do to the Jews to pay
Allies before and during the war. country, a British government White Paper by such a price?” Roosevelt promised not to act in
Lord Passfield recommended placing restrictions a “hostile” manner against the Arabs.35
Winston Churchill, the Colonial Secretary, would on land alienation in Palestine.30 Palestinian pro-
not entertain this kind of democracy as long as the tests and acts of resistance prompted the British As the situation in Palestine continued to dete-
native Arab Palestinians are the majority and the government to dispatch yet another commission riorate Zionist militias increased their terrorist
Jewish immigrants had not yet attained at least in 1937. More in tune with Zionist objectives in activities against British officials and installations
numerical parity with the Arabs and had not got Palestine, the Royal (Peel) Commission proposed in the region. In 1944, for example, Lord Moyne,
a strong foothold in the country to impose their partitioning the country such that the narrow the Minister for Middle East Affairs and a close
dominance by force. coastal strip, where Jewish immigrants were friend of Prime Minister Churchill, was assas-
concentrated, would be a state for the Jews and sinated in Cairo. British officers were kidnapped
Churchill told a Palestinian delegation in Jerusalem the rest mostly Arab.31 and hung from trees.36 In one of the most infamous
in 1921 when they demanded democratic repre- attacks, Zionist militias blew up one wing of the
sentation, As many British officials had begun to realize, the King David Hotel in Jerusalem, which housed the
Mandate had created an impossible situation as British administration in Jerusalem.
Step by step we shall develop representative they unsuccessfully tried to reconcile the legal
institutions leading to full self government but obligation to assist Palestinians in building an The Zionist movement also shifted lobbying efforts
our children’s children will have passed away independent Palestine with the contrary political to the United States where Harry Truman had as-
before that is accomplished. 26 promise to build a Jewish national home on the sumed the presidency. Truman pressured Britain
same land. As Palestinian resistance increased to admit new 100,000 more Jewish immigrants
But the Palestinians continued their efforts. They the British administration adopted increasingly into Palestine, at a time when the US, with the
held national conferences attended by leading brutal measures to quell the local population. It acquiescence of the Jewish Agency, was placing
personalities from every region of Palestine. called up military reinforcements; it dissolved all restrictions on their admittance to the US.37
21 Samuel was assisted in this endeavour by Norman Bentwich, [Arabic] 2nd Edition. Beirut: Palestine Research Centre, 1992; Abd neth Stein, Land Question in Palestine: 1917-1939. Chapel Hill:
the Legal Secretary who subsequently became the Attorney al-Wahab al-Kayyali, Modern History of Palestine. [Arabic] 9 th University of Carolina Press, 1984, p. 164.
General. Huneidi, supra note 19, pp. 22-23. Edition. Beirut: Arab Institute for Studies and Publishing, 1985; 30 W.F. Abboushi, The Unmaking of Palestine. Brattleboro, Amana
22 See the excellent analysis by Barbara Smith, The Roots of ‘Ajaj Nuwayhid, Memories of Sixty Years with the Arab March. Books, 1990, p. 73.
Separatism in Palestine: British Economic Policy, 1920-1929. [Arabic] Bayan al-Hout (ed.). Beirut: Dar al-Istiqlal, 1993; and, 31 Cmd.5479, Report of the Royal (Peel) Commission cited in
London: I.B. Tauris, 1993. Documents of the Palestinian Arab Resistance against British Survey of Palestine, supra note 3, p. 40.
23 The annual rate of Jewish immigration in the mid-1930s rose Occupation and Zionism (1918-1939). [Arabic] Beirut: Institute 32 Huneidi, supra note 19, p. 39.
sharply from 4,565 (1931) to 61,854 (1935). Walid Khalidi, Fifty of Palestine Studies, 1968. 33 Survey of Palestine, supra note 3, pp. 52-56.
Years to the Partition of Palestine (1947-1997). [Arabic] Beirut: 26 Hirst, supra note 17, p. 180. 34 Simha Flapan, The Birth of Israel, Myths and Realities. London:
Dar al-Nahar, 1998, p. 11. 27 See, e.g., Mark Tessler, A History of the Israeli-Palestinian Croom Helm, 1987, p. 23.
24 Smith, supra note 22. Conflict. Indianapolis: Indiana University Press, 1994, p. 171. 35 Khalidi, supra note 23, p. 41.
25 For a review of Palestinian political activity see, Huneidi, supra 28 Report of the Commission appointed by His Majesty’s Govern- 36 Edward Horne, A Job Well Done: A History of the Palestine
note 19; Bayan Nuwayhid al-Hout (ed.), Documents of the Pal- ment with the approval of the Council of the League of Nations Police Force 1920-1948. Sussex: The Book Guild Ltd., 2003,
estinian National Movement 1918-1939 - The Papers of Akram to determine the rights and claims of Moslems and Jews in pp. 267-313.
Zu’aytir, 1918-1939. [Arabic] 2nd Edition. Beirut: Institute for connection with the Western or Wailing Wall at Jerusalem. 37 Abboushi, supra note 30, pp. 208-210.
Palestine Studies, 1984; Bayan Nuwayhid al-Hout (ed.), The Pal- December 1930. London: HMSO, 1931.
estine National Movement - Diaries of Akram Zu’aytir, 1935-1939 29 Survey of Palestine, supra note 3, pp. 28-29. See also Ken-
5
P a r t I : G e n e r a l R e v i e w
As a last attempt to restore some degree of order, Map 1.1: The Partition Plan of Palestine Partition Plan. Palestinian voices on the other hand
Britain, in a joint plan with the US (1946 Morrison- according to UN Resolution (181) of 29 were hardly audible. Even so, the two-thirds major-
Grady Plan), suggested the formation of a single November 1947 ity necessary to pass the partition recommenda-
federal Palestinian state. Views were so divergent, tion in the General Assembly was obtained only
however, that the plan did not meet general ap- with great difficulty. Thirty-three countries voted
proval. Britain thus decided on April 28, 1947 to for it, 13 against, and 10 abstained. On November
throw the whole Palestine question into the lap 29, 1947, the Assembly adopted Resolution 181/
of the newly-established United Nations. During II (Partition Plan).42 The partition resolution only
nearly three decades of British rule, the Jewish exacerbated the conflict in Palestine. Closer
population of the country had increased ten-fold, inspection of the partition map (Map 1.1) and the
primarily through immigration, while Jewish land- accompanying tables reveal the serious problems
holdings had quadrupled. The British Mandate inherent in the idea of partition.
administration had helped the Zionist movement
establish the structures for a provisional govern- While the UN recommended splitting the country
ment and a fighting force of some 60,000 able- into two, it was unable to come up with a practical
bodied men increased by January 1949 to 120,000. plan to divide the country. Thus, the Jewish state
Palestinian leaders meanwhile were deported or would be the state of most of the Jews (about one
banned from political participation, civic structures half million) (Table 1.1), but it would also include
had come under severe strain, and mechanisms for an equal number of Palestinians who suddenly
self-defence were basically non-existent. found themselves under the sovereignty of mostly
foreign immigrants. The Partition Plan allocated
55 percent of the country to the Jewish state, i.e.
eleven times the Jews’ Mandate-era possession.
1.2 The Partition Plan See Table 1.2. There were 174 Jewish colonies in
the proposed Jewish state as compared to 467
In May 1947, the UN established an eleven-member Palestinian Arab villages and three cities. See
Special Committee on Palestine (UNSCOP) to Table 1.3. In the coastal strip, where the Jewish
make recommendations on the future status of the concentration of colonies was greatest – 111 out
country. The committee was neither representa- of a total of 172 colonies – the proposed Jewish
tive nor did its members have much first-hand state would control 2.5 times the land it pos-
knowledge of Palestine. 38 The decision to set sessed during the Mandate period. Around the
up a special committee, moreover, contravened city of Tiberias in the Galilee and upper Jordan,
rules of due process set forth in the Charter for where there were 57 Jewish colonies, the Jewish
the United Nations for dealing with non-self- state would control 3.2 times its earlier posses-
governing territories. Termination of a mandate sion. Conversely, the Arab state would have a
triggered two possible outcomes. Mandate ter- tiny number of Jews (about 8,000). Jerusalem,
ritories either became fully independent states or, designated to be a separate international entity
alternatively, mandatory powers could request that (Corpus Separatum), would have an equal number
such territories be placed under a UN trusteeship of Jews and Palestinians.
until such a time as they were deemed ready for
independence. In southern Palestine, the situation created by the
partition plan was still more dramatic. The Beer
UNSCOP devoted only five months to the prob- Sheba district (Naqab) comprised 12.5 million
lem. It spent short five weeks in Palestine. The donums (1 donum = 1000 sq. metres or 0.2471
Committee then retired to Geneva in late August acres). There was practically no Jewish presence
1947.39 Members were unable to reach a unani- in the district until the final months of the Mandate.
mous decision on all issues. The Committee’s final one of three established by the ad hoc Committee (See, Beer Sheba, Section 2.7.) Ninety-five percent
draft report was hastily prepared in three days and on the Palestine Question challenged the legality of its Arab population, estimated by the British to
its recommendations were made on September of the majority plan to partition Palestine. Sub- be 127,000, lived in the northern half of the district.
1, 1947. Committee members unanimously ap- committee members argued that under its Charter, Nevertheless, the district was included as part of
proved eleven general recommendations, but were the UN would have no power to give effect to the the Jewish state under the partition plan. Previous
unable to reach consensus on the future status Partition Plan and asked for an advisory opinion proposals for partition had usually designated this
of Palestine. 40 The majority of the Committee from the International Court of Justice (ICJ) on the area Arab.43 During their short period in Palestine
members recommended partition of the country validity and meaning of the Balfour Declaration in the spring of 1947, members of the UN Special
into two states – one for the Jews and one for the and subsequently of the Mandate itself. These Committee on Palestine were taken on a tour of
native Palestinian Arabs. The remaining Committee legal challenges, however, were brushed aside by the few Jewish outposts and their agricultural
members argued in favour of a single federal state “the majority of the Delegates’ desire to settle the show-cases. The Committee was impressed by
to ensure equal rights for Arabs and Jews in a problem in a certain manner, irrespective of what Zionist efforts.44 At the same time, lobbying in
common state. the merits of the question or the legal obligations the US managed to reverse US policy which had
of the parties might be”.41 favoured allocation of the district to the Arab state.
The subsequent debate at the UN over the follow- In a hastily arranged meeting on November 19,
ing two months exemplified the battle for the con- The Zionist-Jewish lobby in the United States 1947, Chaim Weizmann persuaded US President
trol of Palestine. Members of Sub-Committee II, proved to be influential in the debate over the Harry Truman that Beer Sheba should be part of
38 UNSCOP membership (11 states) had no representation from 42 G.A. Res. 181 (II), U.N. GAOR 128th Plen. Mtg. 1st Sess., U.N. event, Epstein changed his name to Elath (Umm Rashrash),
African states, a limited representation from Asian countries; the Doc. A/64 (1947). the most southern point of Beer Sheba district on the Gulf of
majority was from Western states. Guatemala’s representative, 43 This included the 1937 Royal (Peel) Commission, the first Aqaba.
Granados, an important member of the committee, was openly proposal put forward by the 1938 British Technical Commit- 46 G.A. Resolution 181 (II), supra note 42.
hostile to the Arabs, as the record of the meetings showed. tee, British government proposals from 1944, and the 1946 47 The subject of ethnic cleansing, known politely as Transfer, has
Ilan Pappe, The Making of the Arab-Israeli Conflict, 1947-1951. Morrison-Grady proposal. Sometimes the southern portion was always been an integral component of the Zionist policy since
London: I.B. Tauris, 1992, p. 18. kept under British Mandate to maintain continuity between Arab Herzl. See, e.g., Nur Masalha, Expulsion of the Palestinians:
39 Report of the UN Special Committee on Palestine, The Question countries, east and west of Palestine, which would otherwise The Concept of Transfer in Zionist Political Thought, 1882-1948.
of Palestine. U.N. Doc. A/364 (1947). be severed, and to maintain the link between British bases in Washington, DC: Institute of Palestine Studies, Washington DC,
40 This included termination of the mandate, implementation of the area. 1992; Nur Masalha, A Land without a People: Israel, Transfer and
a transitional period supervised by the United Nations and 44 Ruth Kark, “Jewish Frontier Settlement in the Negev, 1880-1948: the Palestinians. London: Faber and Faber, 1997; Nur Masalha,
protection of religious and minority rights (including citizenship Perception and Realization,” 17 Middle Eastern Studies (1981), The Politics of Denial: Israel and the Palestinian Refugee Prob-
and property rights) in Palestine. Ibid. pp. 334-356. lem. London: Pluto Press, 2003; and, Nur Masalha, An Israeli
41 From UK Delegation to the UN to Foreign Office, November 45 This unusual story was related by one of the major participants Plan to Transfer Galilee’s Christians to South America: Yosef
20, 1947. Cited in Patricia Toye and Angela Seay (eds.), Israel: in the lobbying effort. See, Eliahu Epstein, Israel and Elath: The Weitz and ‘Operation Yohanan’ 1949-1953, Center for Middle
Boundary Disputes with Arab Neighbours, 1946-1964. Vol. 1 Political Struggle for the Inclusion of Elath in the Jewish State. Eastern and Islamic Studies, University of Durham, Occasional
(1948-1950). Reading: Archive Editions, 1995, pp. 643-644. London: Weidenfeld and Nicolson, 1966. To commemorate the Paper No.55, 1996.
6
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Arabs Jews Total Arabs Jews Total Arabs Jews Total Arabs Jews Total
JP1 137,545 16,902 154,447 4,359 314,189 318,548 68,440 80,308 148,748 210,344 411,398 621,743
JP2 81,027 4,563 85,591 65 18,604 18,669 16,173 9,275 25,448 97,266 32,442 129,708
JP3 97,829 319 98,148 1,500 1,500 97,829 1,819 99,648
JEWISH STATE 316,401 21,784 338,185 4,425 334,292 338,717 84,613 89,583 174,196 405,439 445,659 851,098
AP1 524,122 2,468 526,590 2,425 2,425 524,122 4,893 529,015
AP2 124,794 1,362 126,156 2,021 2,021 124,794 3,382 128,177
AP3 121,274 574 121,848 121,274 574 121,848
AP4 72,265 29,783 102,048 72,265 29,783 102,048
ARAB STATE 842,456 34,187 876,643 4,446 4,446 842,456 38,633 881,089
JERUSALEM 42,208 42,208 394 394 65,476 103,177 168,652 107,684 103,570 211,254
TOTAL LAND 1,201,066 55,971 1,257,036 4,425 339,132 343,557 150,089 192,759 342,848 1,355,579 587,862 1,943,441
Notes:
1. Population for mid-1948 is derived from Village Statistics 1945 (Vilstat) by upgrading Arab figures by (1+3.5%)2.5 = 1.089810 and Jewish figures by (1+2.5%)2.5 = 1.063677
2. Population of villages with no village boundaries has been added to the nearest village. This population is 8,148 Jews and 8,304 Arabs. Total 16,452.
3. For Beer Sheba District population, Vilstat figures are underestimated. The revised figure for Arabs is 86,497 (1945). It is divided roughly: 90% in JP3 and 10% in AP3, with 180
Jews in Beer Sheba District.
Number of Villages
Measured % of
Reference Land Area Total Palestinian Villages Jewish Colonies Unide- Total
(donums) Area Mixed
Capital Non Capital Virtual Capital Non Capital Virtual ntified Villages
the Jewish state. Truman telephoned officials at Table 1.3: Comparison between Jewish land and areas allocated to the Jewish and
the Department of State and informed stunned Palestinian states according to the Partition Plan (UN Resolution 181)
officials of the reversal in US policy.45 Area Jewish Land Partition Plan % Jewish
JP1 871,720 2,150,684 40.53%
The Partition Plan never envisaged purely ethnic JP2 550,201 1,749,858 31.44%
or religious Jewish and Arab states. The Plan in-
JP3 119,693 10,707,940 1.12%
cluded extensive provisions for non-discrimination
JEWISH STATE 1,541,614 14,608,482 10.55%
and basic human rights protections. Chapters two
and three of the Plan addressed civil, religious AP1 67,247 7,907,426 0.85%
and political rights of each group, as a minority AP2 34,782 1,156,276 3.01%
in the majority state. This included protections AP3 9,616 2,444,345 0.39%
for citizenship and property rights. Moreover, the AP4 11,921 0.00%
Plan conditioned international recognition of the ARAB STATE 111,645 11,519,968 0.97%
states on the incorporation of these protections
JERUSALEM 18,361 195,997 9.37%
in the constitutions of the respective states.46 This
TOTAL 1,671,620 26,324,448 6.35%
provision was a major problem for the Zionist
movement which favoured the creation of an ex- Notes:
clusive Jewish state in Palestine. Therefore, the 1. Areas in donums.
idea of population transfer (a.k.a ethnic cleansing) 2. Figure of 1,671,620 d., Jewish land, is measured from Weitz and Lifshitz map of 1944. This figure is an over-
estimate (see text).
had always been a major component of Zionist 3. Total Palestine land area of 26,324,447 d. is measured. It does not contain lakes area.
theory and practice.47
7
P a r t I : G e n e r a l R e v i e w
Much has been said about the fact that Arabs re- of developments in the region from the middle lines, including the new railway line being built
jected the partition plan and the Jews accepted it. of the 19th century to the present. These include from Damascus to Medina. The Turkish governor
There were legal problems surrounding the validity British and Turkish interests in the region, and the of Gaza visited Maqdhaba and Qossaima, west
of the UN recommendation, such as whether the 1979 peace treaty between Egypt and Israel. of the Rafah-Aqaba imaginary line to assert the
UN have the authority to partition any country and Turkish rule. Aware of British designs in southern
its refusal to take up the matter to ICJ. If there were The first administrative line delineating the bound- Palestine, the Turks built in 1900 the modern
no legal problems, the recommendation would be ary between Egypt and Palestine was described town of Beer Sheba on the old site with the same
implemented only if both parties agreed to it. All in the Firman issued by the Turkish Sultan in 1841. name as a centre for their forces and supplies.
of which received little attention. the Arab posi- The Firman granted Mohamed Ali Pasha and his They also strengthened the town of Auja al-Hafir
tion must also be viewed in the light of how much descendants the rule of Egypt in return for his (on the Palestine-Egypt border as later defined)
the Arabs lost and the Zionists gained through retreat from greater Syria (i.e., Syria, Lebanon, and Aqaba. The British thus concluded that
partition. Under the plan, Jewish control of land Palestine and Jordan) which he occupied and a line separating the two countries should be
in Palestine increased eleven-fold. It is important, held for ten years. According to the Firman, the established.
moreover, to realize that the Zionist movement eastern boundary of Egypt under his rule extended
viewed partition as a first step towards the crea- from Rafah to Suez in a straight line leaving two- In discussing the border conflict Lord Cromer
tion of a Jewish state in all of Palestine. According thirds of the Sinai in greater Syria. The Sultan claimed that the 1841 Firman delineating the
to David Ben Gurion, the Chairman of the Jewish subsequently granted Mohamed Ali permission administrative line between Palestine and Egypt
Agency who became Israel’s first Prime Minister, to establish guard posts on the Egyptian Pilgrim was missing. Neither the Turks nor their German
“Every school child knows that there is no such Road (Darb al-Haj al-Masri) in the Sinai outside allies themselves produced this document. In
thing in history as a final arrangement. I do not this line all the way from Suez to Aqaba. Sinai thus typical gun-boat diplomacy, Britain sent Man-
see partition as the final solution of the Palestine fell under Egyptian administration. o’-War ships off the shores of Rafah and Aqaba.
question”.48 In a letter to his wife Paula and to his With them came a notice that Britain would oc-
children, he later wrote that, This tentative boundary would remain unchanged cupy these places unless the Sultan agreed to a
until 1882 when British forces gained a foothold boundary stretching between the two in a straight
A Jewish state is not the end but the beginning…. in Egypt after crushing the revolt against Khedive line. The Sultan agreed and issued an irade (Royal
We shall organize a sophisticated defence force Tewfic, the ruler of Egypt. Tewfic had sought Wish) on September 12, 1906, a few hours before
- an elite army. I have no doubt that our army will and received military assistance from the British British soldiers were about to land. Turkish officers
be one of the best in the world. And then I am fleet against rebellious Egyptian officers who de- were thus forced to sit with British officers and
sure that we will not be prevented from settling manded reform and good governance. The British their Egyptian assistants in a tent north of Aqaba
in other parts of the country, either through navy responded by bombarding the coastal city of to demarcate the boundary.53
mutual agreement with our neighbours or by Alexandria. Following the defeat of the Egyptian
other means.49 [Emphasis added] officers, the British effectively ruled Egypt until the The demarcation of the boundary started from
Suez war in 1956 (the ‘Tripartite Aggression’) when the post of Umm Rashrash (later Eilat) east of
the last British presence was withdrawn under the Taba on the Gulf of Aqaba.54 The starting point of
leadership of Gamal Abdel Nasser. the line was 6 km (3.75 miles) west of the fort of
1.3 The Borders of Palestine Aqaba (qal’a) on the shoreline. British surveyors
Great Britain exercised control over the country for extended the boundary northwards to Rafah in a
There are few countries in the world whose bor- decades; in the period in question through Lord straight line by marking mutually-visible bench-
ders have been the source of so much conflict. Cromer. During his time in Egypt, Lord Cromer, marks (later pillars) at the peaks of mountains or
Palestine, like Egypt, Syria, Lebanon, Jordan and who did not like the 1841 Firman because Rafah hills. It was necessary, however, to deviate from
Iraq, was part of the successive Arab-Islamic em- and Aqaba both fell outside Egyptian control, the straight line in a number of places due to
pires which at one time stretched all the way from sought to strengthen the presence of the British- local problems. A straight line would have dis-
China to Spain. Under Ottoman rule (1517-1917), dominated government in the Sinai. Brigadier sected the property and livelihood of tribes who
Palestine, like other Arab provinces (wilayat), was General Owen, Chief of Military Intelligence in lived astride the proposed straight line between
divided administratively into regions (sanajek). Cairo, and one of Cromer’s assistants, appointed Sinai and Palestine. There was the problem of
The four regions of Palestine (1875-1914) were W.E. Jennings Bramly as Inspector of the Sinai, Ein Kadis and Qossaima, west of the proposed
Acre, Nablus, Gaza and Jerusalem. The modern to spy on Turkish forces in Palestine (i.e. southern straight line, which belonged to Azazema while
borders of Palestine reflected European attempts Syria). After two years in Nekhl, a small village in Terabin and Segeirat of Tayaha had also rights
to carve out spheres of influence in the region. the middle of the Sinai, Bramly informed Owen in and about that location. Al Magdhaba and al
They also reflected efforts by the Zionist move- that the imaginary straight line between Rafah and Auja area were the property of Terabin. All these
ment to establish an exclusive Jewish state in the Aqaba was not convenient as a separating line tribes, Terabin, Tayaha and Azazema, had larger
country.50 The border issue was also addressed in from the Turks since the territory of two Palestinian presence in Palestine and were considered largely
armistice agreements between neighbouring Arab Bedouin tribes, the Tarabin and the Tayaha, ex- Palestinian. Many of these tribes owed allegiance
states and Israel after the first Israeli-Arab war tended into the Sinai until the town of al-Arish.51 to the Turkish government and paid taxes to the
and subsequent peace agreements in the region. Bramly initiated a series of clashes with the Turks, Qaimmaqam of Beer Sheba whose soldiers visited
These agreements always had a negative impact tried to build forward posts into Turkish-controlled these locations, sometimes up to al Arish, to col-
on the local inhabitants living along the newly de- southern Palestine, and attempted to gain the alle- lect taxes. Solving their disputes and feuds took
fined borders. The people themselves were never giance of the Sinai clans.52 His activities disturbed place in Beer Sheba.
consulted. The borders of Palestine have been the the Turks and his superiors found his zealousness
centre of conflict and war to this day. difficult to justify diplomatically. The boundary commission received these Turkish
claims to which the British officers responded with
(a) The Border with Egypt Bramly’s local conflict with the Turkish commander a written statement from some sheikhs that they
at Aqaba turned into a diplomatic and military wished to be under the Egyptian government,
The border between Egypt and Palestine in the crisis. The Turks viewed Bramly’s moves as a in view of the prevalent complaints of a brutal
south of the country was determined by a number military threat, particularly to their communication Turkish rule.
48 Flapan, supra note 34, p. 22. 21 GeoJournal 4 (1990), pp. 317-323; Donald Neff, “Israel-Syria: their allegiance.
49 Ibid. Also see, Ben Gurion stating that, “[A]fter the formation Conflict at the Jordan River, 1949-1967,” 23 Journal of Palestine 52 Bramly contacted the local sheikhs to ascertain their allegiance.
of a large army in the wake of the establishment of the state, Studies 4 (Summer 1994), pp. 26-40. Clan leaders told Bramly that they would fight neither Turkey
we will abolish partition and expand to the whole of Palestine.” 51 Letter from W.E. Jennings Bramly to Brigadier General Owen, nor Egypt, both of which were Muslim countries.
Ibid. August 29, 1902. W.E. Jennings Bramly Papers, London: Royal 53 The full story is told by Na’um Shuqair, History of Sinai. [Arabic].
50 The eastern and northern borders of Palestine, for example, Geographical Society. Bramly’s field reports focus primarily on Beirut: Dar al-Jeel, 1991, pp. 588-616. Shuqair was the Secretary
reflected Zionist interests in staking claims to water supplies in the strength and armaments held by Turkish forces in Aqaba of the boundary Committee.
the region. For a study of water issues see, Sherif Elmusa, Water and Beer Sheba, but they also provide rich details about life in 54 A letter from the British Ambassador in Constantinople to London
Conflict. Washington, DC: Institute of Palestine Studies, 1997; southern Palestine at the time. This includes the number and on May 3, 1906 described Taba as “indisputably within Egyptian
Stephen Lonegran and David Brooks, Watershed: The Role of location of wells, their salinity, use and ownership; the impor- Territory”. From N. O’Conor to Sir Edward Grey, Constantinople,
Fresh Water in the Israeli-Palestinian Conflict. Ottawa: IDRC, tant roads and tracks, who used them and for what purpose; May 3, 1906, Correspondence Respecting the Turco-Egyptian
1994; Water Resources of the Occupied Palestinian Territory, the names of the clans and tribes in the Sinai, their sheikhs, Frontier in the Sinai Peninsula, p. 7, Presented to both Houses
U.N. Doc. UNA/AC.183(02)W21. New York (1992); Basheer Nijm, their habits and customs; distinguishing marks (wasm) of their of Parliament, July 1906, HMSO, London.
“Water Resources in the History of the Palestine-Israel Conflict,” cattle; and the size of the clans and tribes, their strength and
8
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Map 1.2: Land of Palestinian Tribes in Map 1.3: Map annexed to the Agreement of 1st October 1906 demarcating the
Sinai annexed to Egypt Administrative Line between Palestine and Egypt
55 This subject had occupied the British-led Egyptian government Patricia Toy (ed.), Palestine Boundaries, 1833-1947, Cambridge: 1, pp. 693-694.
correspondence with London and Constantinople for several Archive Editions, 1989, Vol.1, pp. 548-630. 57 Ibid.
months, about the tribe’s rights, property and reaction, the 56 Shuqair, supra note 53, pp. 613-614; Text of the Agreement 58 Ibid.
strength of Turkish forces in Palestine, the power of Sultan to Defining the Turco-Egyptian Boundary (in English). Palestine 59 Ibid.
intervene, the role of British fleet in the area. For details, see Boundaries 1833-1947, Reading: Archives Edition, 1989, Vol.
9
P a r t I : G e n e r a l R e v i e w
The status of the administrative line remained Map 1.4: The Final Location of Disputed Boundary Pillars as awarded by the Taba
essentially unchanged following the British oc- Arbitration Tribunal
cupation of Palestine in 1917 and the establish-
ment of the Mandate government (1920-1948).
Although Egyptian police had posts in Rafah,
al-Arish and Qantara on the Suez Canal along
the Egypt-Palestine Railway line, it was only in
Qantara that Palestinian passports were stamped
as passengers entered Egypt proper. With the
signing of the Armistice Agreement between Israel
and Egypt on February 24, 1949 60 (see Armistice
Agreements, Section 3.2), this line became a de
facto border.
60 Egyptian-Israeli General Armistice Agreement, U.N. Doc. S/1264/ 63 See, Article II and Annex II (Map of Israel-Egypt International and Egypt, Arbitration Compromis regarding the Permanent
Corr.1, 24 February 1949. Boundary), ibid. Boundary between Israel and Egypt, Giza, 11 September 1986,
61 Aide-Memoire from the Egyptian Ministry of Foreign Affairs 64 Ibid. UN Treaty Series No. 29013. See the arbitration award: Israel
enclosed with the British Embassy letter, Cairo to London, May 65 Ibid. and Egypt, Agreement regarding the Permanent Boundary, 29
18, 1951. Cited in Toye and Seay, Vol. 5, supra note 41, p. 81. 66 S/RES/61 (1948), S/1070 and S/RES/62 (1948), S/1080. September 1988, UN Treaty Series No. 29014.
62 Peace Treaty between Israel and Egypt [‘Camp David Agree- 67 S/1363 (1949). See also http://content.cdlib.org/xtf/
ment’], March 26, 1979. 68 See Taba Arbitration (Egypt v Israel) (1988) 80 ILR 226. Also, Israel
10
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
determined in favour of Egypt for 10 BPs includ- Map 1.5: The Zionist and Sykes-Picot Border Proposals to the Peace Conference,
ing BP91 and in favour of Israel for 4 BPs. The Paris, 1919
location of the critical BP91 is shown in Map 1.4
as claimed by either party. Egypt gained 10.2 sq.
km and Israel gained 0.09 sq.km with respect to
their claims. The dispute over Taba was explained
at length by Egyptian jurists.69
69 See, Yunan Labib Rizk, Taba, The Century Case [Arabic]. Cairo: Kosheri, The Taba Tribunal Award, Cairo: Faculty of Political of the Executive of the Zionist Organization to the XII Zionist
al-Ahram Translation and Publishing Co., 1989. Rizk was on the Science, Cairo University, 1990. [Arabic]. Congress, 1921, pp.74-83, quoted in: P.Toye (ed), Palestine
Egyptian Team of Arbitration. Also see, Ahmed Fouad Mutwalli, 70 Supra note 10. Boundaries 1833-1947, Cambridge: Archive Editions, 1989,
Taba Case between the Past and the Present [Arabic]. Cairo: 71 Statement of the Zionist Organization to the Paris Peace Confer- Vol. 2, pp. 213-223.
al-Nahda al-Misriya Bookshop, 1989. Also see, Ahmed S. El- ence regarding Palestine, Feb 3, 1919, Political Report, Reports
11
P a r t I : G e n e r a l R e v i e w
Map 1.6 (a): Map showing the Demarcated Boundary between Palestine and Syria/Lebanon on 3rd February 1922 by Newcombe and
Paulet (part: Sheet I, II)
MUGHANIYE close to and west of the Hedjaz That meant expansion of the proposed territory supplies, fishing waters, fields, and grazing land
Railway. from the Lebanese mountains to the south, where were split on both sides of the new boundary.
a large Shi’ite (Metawla) community lived. This The whole agreement fell into jeopardy. A similar
In the east a line close to and west of Hedjaz poor community was considered harmless and case took place twenty-six years later during the
Railway terminating in the Gulf of Akaba. will not pose a threat to the Christian state of demarcation of the Armistice Line. (See Armistice
Lebanon. Agreements, Section 3.2.)
In the south a frontier to be agreed upon with
the Egyptian Government. Under the compromise reached between Britain The ‘Good Neighbourly’- Bon Voisinage -
and France, the boundaries of Palestine incor- Agreement78 was signed on February 2, 1926
In the west the Mediterranean Sea. porated the mouth of the Yarmouk River until the by the French and British High Commissioners
village of al-Hamma, all of Lake Tiberias and a ten of Lebanon and Syria, and Palestine respectively
The details of the delimitations or any neces- meter strip around it, all of Lake Hula, and a strip to address some of the hardships created by the
sary adjustments of detail, shall be settled by east of the Jordan River, up to Tell al-Qadi (owned 1923 agreement. The new agreement included
a special commission on which there shall be by a Lebanese family). The boundary then veered many of the same features of the 1906 agreement
Jewish representation.72 south around Metulla, keeping Banyas in Syrian demarcating the administrative line between
territory, until it left almost no Shi’ites in Palestine Egypt and southern Palestine. It ensured protec-
These maximalist demands were at variance with and met the Mediterranean at Ras al-Nakoura. tion of the rights of the population on both sides
the division of Arab lands between the colonial The northern boundary of Palestine extended for of the border in the use of water, navigation and
powers according to Sykes-Picot Agreement 77.63 km with Syria and 82.27 km with Lebanon fishing, crossing the border without passports,
of 1916, as shown on Map 1.5. Clearly, Zionist as measured by GIS on the curved line. transportation of goods either way and paying
officials submitted the above map showing the the lesser of taxes applicable on both sides
boundaries of Palestine as they wished Britain Lt. Colonel Stuart Newcombe and his French of the border. These provisions only applied
to grant them in order to establish a “national counterpart Lt. Colonel M. Paulet surveyed the to the population living in the border region.
home for the Jews”.73 These boundaries went boundary as agreed and submitted their report Unlike the 1906 agreement, however, the Good
deep into Transjordan and enveloped all wa- on February 3, 1922.75 See Maps 1.6. The bor- Neighbourly Agreement stipulated that disputes,
ter sources in Palestine at Yarmouk, Tiberias, der agreement was ratified on March 7, 1923 if not resolved amicably by a special committee
Hula, Golan and south Lebanon rivers until the between the representatives of the French and of the three governments, could be referred to
ancient Mediterranean port of Tyre (Sur). British the British Mandates.76 As happened in the south, an international court.79
officials proposed a boundary which contained the decision to demarcate the border met local
less territory than the Zionist plan, but never- resistance, especially among those directly af- The old Zionist ambition to expand the territory
theless annexed all major water sources.74 The fected who had not been consulted. Thirty-one they controlled and tap Litani waters did not cease
French were keen to establish a Christian state Palestinian villages in the districts of Safad and after creating Israel within Palestine in 1948. Israel
in Lebanon and wanted the territory to be viable. Acre were divided by the border.77 Homes, water invaded and occupied south Lebanon, in addition
72 Ibid, item: The Boundaries of Palestine: Schedule, p.11 of the described as a diary, some scholars reckon it was written in his al-Zuq al-Fauqani, Khan al-Duwayr, al-Khisas, Dafna, al-Lazaza
Report, p. 214 of the Archives. retirement because of contradictions and inconsistencies. and three others in addition to the so-called “seven villages”
73 Gideon Biger, An Empire in the Holy Land: Historical Geography 75 For more details see, Toye and Seay, especially Vol. 1 to Vol. which are: Abl al-Qamh, Hunin, Malkiya, Tarbikha, Qadas,
of the British Administration in Palestine, 1917-1929. New York: 5, supra note 41; Moshe Brawer, The Frontiers of the Land of Saliha and Nabi Yusha’. The exact number and identification of
St. Martin’s Press and Jerusalem: The Magnes Press and Hebrew Israel: Past, Present and Future. [Arabic] Amman: Dar al-Jalil, these villages vary to some extent. However the ‘seven villages’
University, 1994, p. 47. 1990; and, Muhammad Mahmoud ad-Deeb, Palestine Borders: were recognized after 1948 by Lebanon to be Lebanese. Their
74 One of the British proposals was put forward by Meinertzhagen, Analysis of Mandate Documents. Cairo: Arab Research and inhabitants, although registered Palestinian refugees, were
a British colonial officer who came from Africa to be General Studies Institute, 1977. granted Lebanese citizenship.
Allenby’s chief intelligence officer in Palestine. Meinertzhagen 76 Ibid. 78 For more details see, Toye and Seay, supra note 41; Brawer, supra
was known for his anti-Arab sentiments. For his racism and 77 These villages include: al-Metulla, al-Nakhila, Alma, Iqrit, Hanuta, note 75, pp. 129-132; and, ad-Deeb, supra note 75, pp. 65-77.
hatred of the Arabs see, Colonel R. Meinertzhagen, Middle East Ma’suba, Duhairja, Jurdieh, Kafr Bir’im, Sarouh, Nabi Rubin, 79 See, Clause 12 of the Good Neighbourly Agreement, in ad-Deeb,
Diary, 1917-1956. London: The Cresset Press, 1959. Although al-Na’ima, al-Khalisa, al-Zawiya, al-Mansura, al-Zuq al-Tahtani, supra note 75, pp. 76-77.
12
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Map 1.6 (b): Map showing the Demarcated Boundary between Palestine and Syria/ to other key locations, and stayed 22 years before
Lebanon on 3rd February 1922 by Newcombe and Paulet (part: Sheet II, III) withdrawing on 24 May 2000. This border area
has been subject to frequent raids and incursions
by land, air and sea until today.
80 The Israeli claims are derived from: David Eshel, The Israel Winter 2000-2001. Border BPs, villages, blockhouses are based 81 For a summary see, Mary C. Wilson, King Abdullah, Britain and
–Lebanon Border Enigma, University of Durham, IBRU Bulletin, on Survey of Palestine Sheets 1:20,000. the Making of Jordan. Cambridge: Cambridge University Press,
1987, p. 53.
13
P a r t I : G e n e r a l R e v i e w
Map 1.7: Boundary Pillars on Palestine Border with Syria and Lebanon showing Israeli line along the Jordan River; (3) Wadi Arabah;
Claims of Border Disputes and, (4) land claimed to be bought by Jews from
Transjordan notables.
82 Letter from A. Kirkbride to Ernest Bevin, Secretary of State for 86 Wilson, supra note 81, p. 100. subject to aggression by another party which would change
Foreign Affairs, June 28, 1946, in Toye and Seay, Vol. 1, supra 87 Ibid., p. 105. the outcome of the 1948 war.
note 41, p. 433. 88 Monthly Situation Report of Jordan for September 1950, October 91 Treaty of Peace between the State of Israel and the Hashemite
83 Ibid., p. 440. 1, 1950 from the British Legation, Amman in Toye and Seay, Kingdom of Jordan, 26 October 1994, Article III, paragraph 8,
84 Letter from Kirkbride, British Resident, Amman to High Com- supra note 41, Vol. 2, pp. 669-770. and Annex 1(b).
missioner for Transjordan, Jerusalem, October 2, 1945, in Toye 89 Wilson, supra note 81, p. 148. 92 Treaty of Peace between the State of Israel and the Hashemite
and Seay, Vol. 1, supra note 41, p. 395. 90 Tessler, supra note 27, p. 275. The Declaration was made by Kingdom of Jordan, Article 3, paragraph 5, supra note 91.
85 Ibid., p. 413. the three big powers to stand by any party in the Middle East 93 Ibid.
14
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Map 1.9: Map showing Al Baqura, Naharayim and Jisr al Majami’, as annexed to the The third area of dispute was Wadi Arabah.
Jordan-Israel Peace Treaty of 1994 Following signing the Armistice Agreement with
Egypt on 24 February 1949, limiting Israeli forces’
presence down to a horizontal line between Beer
Sheba and Auja (Nitzana), with the latter being
DMZ, two Israeli columns crossed this line and
advanced towards Aqaba and Umm Rashrash (on
which Eilat was later built). One column advanced
through central Naqab, crossing into Egyptian
territory near Taba. The other followed a path
close to Wadi Arabah. The columns planted the
Israeli flag at Umm Rashrash on 10 March 1949.
Thus Israel occupied 7,000 sq. km of southern
Palestine without a single shot by Egypt or Jordan,
(then Transjordan), the two neighbouring states to
Palestine. This occupation was in clear violation
of the two Security Council resolutions of 4, 16
November 1948 and of the Armistice Agreement
with Egypt. There is no armistice agreement deal-
ing with this occupation. It was also an embarrass-
ment to Jordan government, which was at the time
negotiating an armistice agreement with Israel in
Rhodes and to its British-led forces which did not
resist this occupation although British forces in
Aqaba were within sight of Umm Rashrash.
15
P a r t I : G e n e r a l R e v i e w
Map 1.11.00: Showing the Exchanged Lands demands. Fischbach estimates that Jordan thus Jordanian side of the borders. These wells and
between Jordan and Israel at Wadi Arabah recovered the lost 344 sq. km.99 The following systems are under Jordan’s sovereignty. Israel
based on Jordan-Israel Peace Treaty of
1994 from available Maps with 9 details maps show a different picture. shall retain the use of these wells…”
Land exchanges according to the Treaty are Para 3” “Israel may increase the abstraction rate
shown in Map 1.11.00 and 9 details. In this map from wells and systems in Jordan by upto 10
and subsequent details, Palestine’s Mandate million cubic metres (mcm) per year above the
boundary is plotted from the Survey of Palestine yields referred to in para 1 above…”. [Emphasis
1:100,000 maps which generally follow the thal- added.]
weg of Wadi Arabah. This Mandate boundary
was reproduced in Israeli maps of 1952. The Jordan explained this situation as follows:
shown new (1994) boundary is based on Israeli “We have increased our water resources by nego-
maps (1:50,000 of 2000) and the Jordanian maps tiations. In addition to restraining Israel from [all]
published as a general explanation of the Treaty Yarmouk water, the Treaty allocated 50 mcm from
but not distributed widely. additional water to Jordan. We have to cooper-
ate with Israel to find these sources in a year. We
The Jordanian maps showed the wire-fenced succeeded in arranging an exchange of water by
area controlled by Israel prior to the Treaty. This which Israel takes 10 mcm of low quality water
area may be divided into two parts (1) between in Wadi Arabah while we take the same quantity
coordinates +18.00 and – 48.00 North, an area of from Israel desalination plant when built. Until
311.4 sq. km, roughly 68 km long by 4.5 km wide then we get this water from Tiberias.”100
and (2) between coordinates -58.00 and – 80.00
North, an area of 60.5 sq. km, roughly 20 km long Detail 1.11.06 shows land exchanged just west
by 3 km wide. The total is 371.90 sq. km, which is of Petra at about 220 km from Amman. It is clear
slightly largely than 344 sq. km mentioned above. from this detail and others that lands annexed to
However there is no proof that this area was totally Jordan are desolate and are not used or inhabited
controlled and used by the Israelis. It is merely an by Jordanians.
indication of the extent of Israeli trespassing.
Detail 1.11.07 at El Risha shows this clearly: the
What is beyond doubt, however, is the exchange new Jordanian land is bounded by inaccessible
of land between the old Mandate boundary and and uncultivable mountain tops. By contrast,
the new Treaty boundary, shown in Map 1.11.00. Detail 1.11.08 shows Israeli farms protruding into
The total area lost by Jordan and annexed to Israel Jordan in Baiyan and Naqb Turaba, 40 km north
is 52.39 sq. km which contained Israeli farms, of Aqaba. Detail 1.11.09 is another example of
civil and military installations. In return, Jordan land gained by Jordan in Palestine but not used
gained 35.01 sq. km in Palestine, not equivalent although it is only 15 km north of Aqaba, rich in
in value or importance. The net loss to Jordan is water and serviced by road no. 65 to a distance
17.39 sq. km. The following nine enlargements of 1 km from the road.
show details of the land exchange.
Finally, border disputes between Israel and Jordan
Detail 1.11.01 shows the area in Qa’ es Safi, El arose in relation to land that Jews claim to have
Sabkha and Ghor Feifa including salt pans lost purchased or leased in the first half of the 1930’s
by Jordan. Detail 1.11.02 shows the farms in Wadi from Transjordanian notables. British reports of
el Jeib, near Suleimaniya, annexed to Israel and the period are replete with information that the
the land gained by Jordan. Approximate distance Jewish Agency and Jewish National Fund were
along the road form Amman to the Dead Sea then active seeking purchase or lease of land mainly
following road no. 65 is also shown. on the river and the Dead Sea on the eastern side
either directly or through Arab intermediaries and
Detail 1.11.03 shows the projection of a restricted front men. These reports and others indicate that
area annexed to Israel at K.174 from Amman. Transjordanian notables were keen, even eager,
Detail 1.11.04 shows ‘Ein el Hufeira at the mouth to enter into such transactions and have met
and Golan. Between 1968 and 1970, the Israeli of Wadi el Mahalla, at a distance of about 180 frequently with Jews in Palestine.101
army, led by Sharon, took over a large territory, km from Amman. At this site, ‘En Yahav colony
estimated to be 344 sq. km, which covered an was established. Its extension into Jordan was Jews claim to have entered into lease arrange-
overall length of 100 km and a max depth of annexed to Israel. ments, or options, for tens of thousands of don-
8.5km. 97 In the following years, until the mid ums in these locations: Ghawr al-Kibid, Ghawr
1990’s, Israel established garrisons in and around Detail 1.11.05 shows the land exchange, but most al-Kafrayn, Ghawr Nimreen, Zawr al-Kattar, ‘Ayn
farms on Jordanian soil, drawing water from wells importantly shows the wells dug into Jordanian Hummar, Zizia, Jiza, Barazayn, Ghor es-Safi and
dug in Jordan’s territory. territory, at el Ghamr (Zofar). The area containing Udeissah, south of Yarmouk.102
Israeli farms and wells is stated to be under Jordan
This trespassing was addressed in the 1994 Peace sovereignty, but like Baqura, Israelis can maintain The British government, through its representa-
Treaty between Jordan and Israel, which was farms and run wells unhindered in an area of about tive, the British Resident, objected to these
signed, appropriately enough, in Wadi Arabah, on 30.6 sq.km including 4.3 sq.km of farms protrud- transactions as they constitute a risk “to [the]
26 October 1994. According to the Treaty, Israel ing into Jordan to a distance of 5 km. security and good will of the people”.103 None of
would continue to hold these farms as Israeli these transactions were put through the Land
territory and Jordan would be ‘compensated’ According to the Peace Treaty (Article 6: Water, Registry104, although several attempts were made
by an equivalent ingress in Wadi Arabah on the Annex II, Article IV): to get formal approval and registration. Recent
Palestinian side. 98 The old smooth Palestine’s research has shown that such transactions do
Mandate boundary is replaced by a crooked Para 1: “…. Some wells drilled and used by Israel not exist in government records.105 It is not known
line with sharp bends to accommodate Israeli along with their associated systems fall on the how this matter was settled.
97 Michael R. Fischbach, Settling Historic Land Claims in the Wake 100 Munther Haddadin, Peace on Yarmouk: Confrontation and Editions, 2001, Vol.2 1924-1936.
of Arab-Israeli Peace, 27 Journal of Palestine Studies 1 (1997), Negotiations, 1967-2000, [Arabic], n.p., 2007, pp. 251-252. 102 Wilson, supra note 81, pp. 105-110.
p. 42, pp. 38-50. 101 See for example: Reports from C.H.F. Cox, the British Resident 103 Cox, supra note 101, p. 407.
98 Treaty of Peace between the State of Israel and the Hashemite in Amman to London, dated from 7 March 1932 to 3 March 1936, 104 Cox, supra note 101, p. 546
Kingdom of Jordan, Article III, paragraph 9, and Annex I(c), supra p. 340, 402, 407, 420, 438, 482, 542, 545, 586, 587, 598, 599, 105 Michael R. Fischbach, State, Society and Land in Jordan, Leiden,
note 91. 613, 622 and 697 in: Robert L. Jarman(ed.), Political Diaries Boston: Brill, 2000, pp. 178-187.
99 Fischbach, supra note 97, p. 44. of the Arab World: Palestine and Jordan, Cambridge: Archive
16
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
In summary, it appears that under the settlement Israel was negotiating with Jordan on Jordan’s Map 1.11.03: Sahl el Faddan
described above Israel actually acquired more water rights with the implicit understanding that
land. The Statistical Abstracts of Israel, issued Israel speaks for all Palestine including the West
annually by the Central Bureau of Statistics, for Bank. In fact, since 1967, Israel maintains full
example, show an increase of 192 sq. km in Israel’s control over the West Bank, including its water.
official area just after the 1994 Peace Treaty. The Palestinian water rights remain unfulfilled. See
Abstracts state that these changes in the area Section 4.7 Water and Agriculture.
were due to the Israel-Jordan Peace Treaty.106
For more details, see Table 4.10 Changing Regarding the major issue of the return of
Areas of Israel. the refugees to their homes, many of whom
are Jordanian citizens, it was downgraded to
Unlike the Egypt-Israel Peace Treaty, no spe- a humanitarian issue. Article 8 of the Treaty
cific mention or reservation was made in the recognized “the massive human problem” of
Jordan-Israel Peace Treaty of the land rights the refugees and proposed its solution through
of the Palestinians, west of River Jordan, in the “UN programmes and other agreed international
West Bank. economic programmes concerning refugees and
displaced persons, including assistance to their
The Jordan-Israel Peace Treaty has the greatest settlement” (emphasis added). “Settlement” here
impact on Palestinian rights because the West means resettlig them away from their homes. No
Bank (20% of Palestine which was unoccupied by mention was made of the relevant UN resolu-
Israel in 1948-1967) was under the jurisdiction of tions, especially UN resolution 194, calling for
Jordan for four decades. A considerable number the return of the refugees or the UN recognition
of Palestinians live in Jordan. The Treaty fell short of the “inalienable Right of Return”.
of addressing this issue adequately.
Regarding Palestine territory in the West Bank
The Treaty is totally silent on the Palestinian water held by Jordan (1948-1988), there was a passing
rights in the West Bank (Article 6: Water). Thus reference in Article 3 (International Boundary),
106 See, for example, Table 1.1, Statistical Abstracts of Israel, No. 50. Jerusalem: Central Bureau of Statistics, 1999, n.1.
17
P a r t I : G e n e r a l R e v i e w
para 2: “.. without prejudice to the status of all the critical eastern and northern boundaries
Map 1.11.06: Wadi el Baha any territories that came under Israeli military have been determined by the colonial powers
government control in 1967”, (emphasis added). of Britain and France under the strong influence
These “territories” were not named Palestinian. of Zionists.
Nor was there any reference to the Armistice
Line delineating the West Bank from the rest of A second feature of these borders is that the
Palestine which was the subject of Israel-Jordan natural inhabitants of the border regions, or the
Armistice Agreement of 1949. See Section 3.2 hinterland, were never consulted about the dis-
The Armistice Agreements. memberment of their territory. No consideration
was given to their rights or interests, except in
Furthermore, the Treaty acknowledges that a very small measure when they agitated and
Palestinian land west of Wadi Arabah is Israeli, caused difficulties in the execution of border
although, as shown earlier, it was occupied after, agreements. Needless to say, these borders were
and in violation of, the Armistice Agreements with designed to serve the interests of the colonial
Egypt and Jordan whose forces controlled the powers. Hence the dissatisfaction and unrest
perimeter and parts of this territory till 1949. of the population was a secondary considera-
tion to be dealt with by these powers firmly and
(d) The Legacy of Creating Palestine quickly.
Borders
The third feature is that these borders were, and
Borders between nations are normally created still are, a continuous source of friction, clashes
over a long period of time by a slow natural and indeed wars for the good part of a century.
process. Traditionally, nations or ethnic groups By contrast, none was experienced in several
are separated by natural barriers, such as seas, preceding centuries because no borders existed
rivers or mountain ranges, or by distinct differ- in the vast largely homogeneous state under
ences in culture, language, religion or self-rule Islamic and Arab rule.
across vast areas of deserts or plains.
The fourth feature is that the Armistice Agreements
If homogeneous nations within one accessible signed by Israel and neighbouring Arab countries
territory are divided by violent civil war or by in 1949 within Palestine had the same effect on
foreign forces, often a colonial power, as was population as the border agreements, although
common in the nineteenth century and the they have no legal weight as international borders.
first half of the twentieth century, this imposed They too dismembered towns and villages and
division would remain unstable causing wars, separated families. But the protection theoreti-
rebellion or unrest. cally afforded by a sovereign state to its citizens
was non-existent. Unlike the border agreements
The story of Palestine borders is the story of with Egypt, Syria and Lebanon, there was no
the last colonial project in the world. The first provision for the inhabitants to have access to
feature of these borders is this: All its boundaries their water resources, fields, places of worship
have been determined by foreign powers. With or cemeteries across the dividing line, although
the exception of Palestine-Egypt administrative the Armistice Line was not a boundary.
line agreed to in 1906 between the British-led
Egyptian government and the Turkish govern- The fifth feature is that Israel assumed for itself
ment ruling greater Syria, before the onset of the position of the successor of Palestine without
Zionism and the Israeli invasion of Palestine, any legal basis. Disputes about the location of the
18
C h a p t e r 1 : H i s t o r i c a l O v e r v i e w
Map 1.11.07: El Risha Map 1.11.08: Naqb Turaba/Baiyan Map 1.11.09: Sabkhet Taba
boundary on all fronts was raised by Israel, caus- last metre on his side. The Arab farmer cannot,
ing constant friction. Taba case on the Egyptian (except probably in limited locations along the
border was solved by international arbitration. Lebanese border as an act of defiance). This
The Jordan border, especially in Wadi Arabah, also applies to the Armistice Line. The tiny Gaza
was resolved in a peace treaty agreed under the Strip is shrinking in usable area as the Israelis
prevailing balance of power, not under principles prohibit, under the pain of death, any Palestinian
of equity and justice.The Lebanese border is not farmer from approaching the barbed wire closer
agreed by Israel in its entirety until now and is, than 0.5-1.0 km.
again, a source of friction. The location of Shab’a
farms, whether in Syria or Lebanon, would have The seventh feature is that the forced separation
no significance had these colonial borders were of the people in the Middle East, especially in
not created. The population of the Golan Heights, Palestine, Jordan, Lebanon, Syria and Iraq, into
now under Israeli occupation since 1967, would confined spaces following the work of Sykes,
have lived and moved freely in and out of their Picot, Balfour and Ben Gurion, has created dis-
land using their water resources if these colonial tinct political entities and leaders with diverse
borders were not created. local interests, often contrary to the interest of
the whole region. It also created, to a lesser
The sixth feature is that none of these borders extent, a cultural and social segmentation of
acted as a normal border whereby neighbours the people of the region. While colonial powers
can cultivate their lands upto the last metre next have already departed or will depart sometime,
to the fenced border, a fence which did not exist the scars created by these colonial borders will
in many cases, can exchange goods or at least remain for much longer. However this would only
greetings across the border, or drive to the nearby be a brief moment in the region’s long history.
store across the border, as in the French-Swiss
border. Since Palestine borders are the product
of colonialism and wars, the people on both sides
are separated by a buffer zone which ranges from
0.5 km to 5.0 km in width. Precisely because
these buffer zones are dictated by Israeli military
conquest, these zones extend almost totally on
the Arab side. The Israeli farmer can cultivate the
19
P a r t I : G e n e r a l R e v i e w
20
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Chapter 2
The People and Land
of Palestine
as per the 1931 Census was 1,033,314. A slightly Table 2.1: Population of Palestine
2.1 Population adjusted second figure of 1,035,821 accounted Including Jews (1922-1946)
for different estimates of the number of Bedouins Year Total Population Of which: Jews
The population of Palestine before 1948 can and British forces in the country. Both figures, 1922 (Census) 752,048 83,790
be derived from a number of sources. These however, undercounted the number of women
1923 mid-year 778,989 89,660
include Ottoman records, census conducted by and children. If this defect is corrected, the total
1924 mid-year 804,962 94,945
the British Mandate government, and compila- population of Palestine in 1931 is estimated to
tion of population and land ownership statistics have been 1,054,189, which included 775,181 1925 mid-year 847,238 121,725
prepared by government and published as Village Muslims, 92,802 Christians, 175,936 Jews, and 1926 mid-year 898,902 149,500
Statistics. 10,270 ‘others’.112 Due to the disturbances in the 1927 mid-year 917,315 149,789
country resulting from Jewish immigration and 1928 mid-year 935,951 151,656
The Ottomans kept fairly periodic and reliable WWII no other census was undertaken there- 1929 mid-year 960,043 156,481
records of population (nufus).107 Early Ottoman after. However, the Government Department of
1930 mid-year 992,559 164,796
taxation records provide a useful and detailed Statistics released annual estimates.
1931 (Census) 1,033,314 174,606
listing of the population, it’s ethnic and social
composition, the number and size of villages, and These figures suffered from two important ad- 1932 (31st Dec.) 1,073,827 192,137
economic activity in those parts of Palestine that ditional defects: (1) an under-estimate of the 1933 (31st Dec.) 1,140,941 234,967
were formerly part of the Ottoman Empire. The size of Bedouin clans in the Beer Sheba district; 1934 (31st Dec.) 1,210,554 282,975
dafter-i-mufassal (detailed register) covers the and, (2) an under-estimate of the number of 1935 (31st Dec.) 1,308,112 355,157
population of greater Syria as of 1596, seventy- Jewish immigrants in Palestine. Aref al-Aref, a
1936 (31st Dec.) 1,366,692 384,078
nine years after Palestine was subsumed by the Beer Sheba district officer, conducted the first
1937 (31st Dec.) 1,401,794 395,836
Ottoman Empire.108 The register lists 955 villages census of the Beer Sheba district in 1931. This
1938 (31st Dec.) 1,435,285 411,222
in Palestine. Only 196 have different or unknown census, however, under-estimated the female
names today. Allowing for the slightly different population and omitted inaccessible Bedouin 1939 (31st Dec.) 1,501,698 445,457
boundaries of Palestine then from that of the clans. Curiously, the 1931 figure – 66,553 for 1940 (31st Dec.) 1,544,530 463,535
Mandate period, the number and names of 759 all clans in Palestine, i.e., Beer Sheba and the 1941 (31st Dec.) 1,585,500 474,102
identified villages in 1596 can be compared with north – remained unchanged until the end of 1942 (31st Dec.) 1,620,005 484,408
827 (main) villages in 1948. The correspondence the Mandate in 1948. No allowance for natural
1943 (31st Dec.) 1,676,571 502,912
between villages in the two records over 350 increase or undercounting was made. Some
1944 (31st Dec.) 1,796,537(2) 528,702(1)
years is quite remarkable. According to Ottoman government figures avoided the whole problem
records at the beginning of the WWI, the popu- by referring only to the terms “settled population”. 1945 (31st Dec.) 1,871,271(2) 554,329(1)
lation of Palestine (1914-1915) was 722,143, of The term was never clearly defined in government 1946 (31st Dec.) 1,952,920(2) 583,327(1)
which 602,377 were Muslims, 81,012 Christians documents. According to the Palestine Mandate
Source: Survey of Palestine, Vol. 1, Table 1, p.141 and
and 38,754 Jews.109 Of the Jewish population, government, Jewish immigrants illegally entered Supplement p.10. See also McCarthy Table A3-1, p.65.
12,332 were Ottoman subjects.110 The rest were the country by evading control points, landing on Notes:
1. Revised de facto figures
European immigrants. beaches at night, overstaying their tourist visa
2. Corrected from Village Statistics for tribes
and through fictional marriages. Government population and increased at 3.5% per annum for
The British Mandate government also kept fairly estimates refer to these illegal immigrants as de 1944-1946.
3. Figures for 1932 to 1943 include a fixed figure
regular and detailed population statistics. The facto population. The 1931 Census estimated the of 66,553 for all tribes which are a gross-
government conducted census in Palestine on total number of illegal Jewish immigrants to be underestimate. This is corrected for 1944-1946.
two occasions: October 23, 1922 and November between 50,000 and 60,000.113 Jewish Agency
18, 1931. The second census was considered to figures regularly exceeded those provided by
be “a very detailed one, conducted along scien- the Department of Statistics. These figures were Despite these discrepancies, official figures
tific lines [which] gave a fairly complete picture of used to buttress claims for the establishment of provide a fair representation of the population of
the demography of the country”.111 The population a Jewish state in Palestine.114 Palestine during the British Mandate (1922-1948).
107 For a compendium of population records from Ottoman, Eu- See, e.g., Wolf-Dieter Hütteroth and Kamal Abdul Fattah, to inflate this number, which is in any case very small.
ropean and Mandate sources starting in 1877, with estimates Historical Geography of Palestine, Transjordan and Southern 111 Survey of Palestine, Vol. I, supra note 3, p. 160.
before this date see, Justin McCarthy, The Population of Pal- Syria in the late 16 th Century, Selbstverlag der Fränkischen 112 Table 2.14, McCarthy, supra note 107 p. 35.
estine; Population History and Statistics of the Late Ottoman Geographischen Gesellschaft. Erlangen: University of Erlangen, 113 Survey of Palestine, supra note 3, Vol. 1, p. 210.
Period and the Mandate. New York: Columbia University Press, 1977, p. 15. 114 Ibid., p. 163.
1990. 109 Table 1.4D, McCarthy, supra note 107 p. 10.
108 The dafter-i-mufassal has been analyzed in detail by scholars. 110 Table 1.7, ibid., p. 14. The figure is for 1912. Zionist sources tend
21
P a r t I : G e n e r a l R e v i e w
Table 2.2: Population of Palestine, Including Jews, Classified by Sub-District (Total, Table 2.3: Jewish Immigration to
Rural) and by Town (Urban) according to 1931 Census Palestine (1920-1945)
Sub District Total Of which: Rural Of which: Urban Of which: Year Authorized Jewish Immigration
Towns
1931 Population Jews Population Jews Population Jews 1920 5,514
Gaza 94,634 421 67,551 417 Khan Yunis 3,811 3 1922 7,844
1923 7,421
Majdal 6,226
1924 12,856
Beer Sheba 51,082 17 48,123 6 Beer Sheba 2,959 11
1925 33,801
Jaffa 51,866 7,209
Jaffa 145,502 69,789 47,535 17,016 1926 13,081
Tel Aviv 46,101 45,564
1927 2,713
Ramle 10,421 8
Ramle 70,579 8,496 48,908 8,460 1928 2,178
Lydda 11,250 28
1929 5,249
Hebron 67,631 135 50,100 Hebron 17,531 135 1930 4,944
Bethlehem 6,815 2 1931 4,075
Bethlehem 23,725 42 14,180 39
Beit Jala 2,730 1 1932 9,553
Jerusalem 132,661 54,538 42,158 3,316 Jerusalem 90,503 51,222 1933 30,327
Jericho 3,483 243 3,483 243 1934 42,359
Ramallah 39,062 1 34,775 Ramallah 4,287 1 1935 61,854
Source: Survey of Palestine, Vol. 1, Tables 7a, b, c, pp.147-149. Source: Survey of Palestine, Vol.1, Table 1, p.185 and
Notes: Supplement; and McCarthy, Table A9-1, A9-2, p.171.
1. Figures include British forces (2,500) and rough estimates of tribes. Hence totals are slightly different from Note: Figures include authorized immigrants and
Table 2.1. others who entered as tourists and subsequently
2. Sub-district designation as current in 1931. In 1944, boundaries of sub-districts were somewhat changed. registered as immigrants. Figures do not include
All data in this work are according to 1944 sub-divisions unless otherwise noted. illegal/smuggled immigrants.
Between 1922 and 1946, the Arab population noted. The government’s definition of ‘urban’ administration. Table 2.3 shows ‘authorized’
increased 2.05 times due to natural increase. The and ‘rural’ population in Table 2.2 is not clear Jewish immigration in the Mandate period. During
Jewish population increased seven times, largely except that ‘urban’ means inhabitants of the Herbert Samuel tenure, the immigration shot up
due to immigration. See Table 2.1. Seventy-five listed towns. Although this is imprecise, it shows from 5,514 in 1920 to 33,801 in 1925, the year
percent (376,415 persons) of the total increase definite trends. Seventy percent of the Muslim he left. The immigration dwindled thereafter for
in the Jewish population (499,537) was due to population lived in villages in 1931, a decrease various reasons until 1933 when large numbers
immigration. The percentage of Jews to total of six percent from 1922, indicating a definite of European Jews immigrated to Palestine. The
population rose from eleven percent in 1922 just trend towards urbanization. They mostly moved largest number of immigrants in the history of
after the Mandate administration assumed office to Jerusalem, Haifa, Jaffa and Gaza, and less to the Mandate reached 61,854 in 1936 or 11 times
to thirty percent in 1946, just before the British Hebron and Nablus. The total number of Jews liv- the first batch of 1920.
departure. Had there been no Jewish immigra- ing in villages, on the other hand, increased from
tion since the British occupation of Palestine in eighteen percent in 1922 to twenty-five percent
1917, the Jewish population would have been in 1944. Despite this increase, however, “the
some 90,000 in 1946 based on the average rate fundamental character of the Jewish community 2.2 The Geography of
of natural increase. The actual number of Jews
(583,327) in Palestine in 1946 shows an additional
remain[ed] that of an urban population, about
two-thirds of all the inhabitants being resident in
Palestine
increase of about 500,000 Jewish immigrants and the four large towns: Tel Aviv, Jerusalem, Haifa Palestine has the unusual characteristics of great
their off-spring. In other words, Jewish immigra- and Jaffa.”116 The surge in Jewish rural population variation in terrain within a small area, from the
tion during the British Mandate was equivalent to can be attributed to Zionist settlement policy, coastal plain to the central mountain ridge ending
80 percent of the Muslim population of Palestine which focused on the development of collective with al Ghor at the Jordan valley, where the lowest
in 1917. farms (kibbutzim) where immigrants were settled point on earth is located at the Dead Sea.
to work the land.117
Table 2.2 shows the total and rural population Palestine can be divided into seven geographic
per sub-district according to the administrative Jewish immigration is a principal component regions:
boundaries of 1931 and urban population per in the Zionist project. A ‘national home’ as 1. Maritime Plain: extending north from the
designated towns. The sub-district boundaries promised by Balfour in Palestine was intended Egyptian frontier and terminating at Mount
changed in 1944.115 Palestine was divided into ultimately to be a state. The state needed citi- Carmel, just south of Haifa;
six districts (Galilee, Haifa, Samaria, Jerusalem, zens. It needed working hands to cultivate and 2. Coastal Plain of Acre: extending from Carmel
Lydda and Gaza) comprising sixteen sub-dis- build on purchased or acquired land. Above all, north to the promontory of Ras en-Naqura;
tricts, each sub-district consisting of a number it needed young, strong and committed people 3. A Broad Plain Running South-East from
of town and village units. All data in this work are to be its fighting force, to protect and expand Haifa to the Jordan Valley: the western por-
based on the 1944 sub-districts unless otherwise the small base created under the British colonial tion of this plain is Marj ibn ‘Amer (Esdraelon).
115 1945 Administrative Divisions (Amendment) Proclamation, population of kibbutzim is dwindling. In 2002, the rural population country. Table 2.6, Statistical Abstract of Israel, no. 54. Central
Palestine Gazette No. 1415, June 7, 1945. of Israel comprised 10 percent of the Jewish population. The Bureau of Statistics (2003).
116 Survey of Palestine, Vol. I, supra note 3, p. 158. population of kibbutzim comprised two percent of the Jewish
117 This situation has changed dramatically since then. Today the population in Israel or 1.6 percent of the total population of the
22
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Map 2.1: (a,b) Main Terrain Features, Areas and Lengths of Palestine
The eastern section is known as the Valley of km; and from Lake Tiberias to the Dead Sea, 194 Climate, Soils and cultivation118
Baysan (Jezreel); km. The Yarmuk river, which enters the Jordan
4. Central Range: comprising the hills of near Jisr al Majami’, a few kilometres south of The most striking feature of the Palestine climate
Jerusalem and Nablus. The highest point Lake Tiberias, is 40 km long, of which only 17 is the occurrence of two distinct seasons, those of
in this region, Mount Ebal (934 m.), is in km were in Palestine. Al-Muqatta’ (Qishon) river winter rains from late-October to mid-April and of
Nablus; which enters the Bay of Acre a short distance the six dry months which follow. Moisture, or the
5. Hills of Galilee: comprising the whole of the east of Haifa is 13 km long. The Auja (Yarkon) lack of it, is the controlling factor in agricultural pro-
north of Palestine except the narrow plain of which enters the Mediterranean north of Jaffa duction. Where irrigation water is plentiful to sup-
Acre and the Jordan Valley. The highest point is 26 km long. There are over 3,000 wadis and plement the rainfall (from bores and a few springs)
is on Jebel Jarmaq (1,208 m.), the highest ravines in Palestine, the most important are and in the Huleh area and the perimeter of the
mountain in Palestine. In the same area is shown in Map 2.1. Jordan. See Section 4.7 Water and Agriculture.
Jebel ‘Adathir (1,006 m); The land can produce intensively almost all the year
6. Jordan Valley: extending from the Syrian Pre-1948, the total area of Palestine (land and wa- round. Under natural conditions, however, summer
frontier to the Dead Sea. The northern most ter surface) was 27,024 sq. km. Now, it is 26,986 cropping is dependent entirely on the amount of
section is often considered separately as the sq. km as measured. Previously the inland water soil moisture that can be conserved during the rainy
Huleh basin; consisted of Lake Huleh with an area of 14 sq. season by repeated cultivations of the bare fallow;
7. District of Beer Sheba: an immense trian- km at 70m above sea level; Lake Tiberias with over a large part of the country (Beersheba area
gle with its apex at the Gulf of Aqaba which an area of 165 sq. km, at 209m below see level; and in the Jordan valley from below Tiberias to the
contains nearly half the land of Palestine and the Dead Sea with a total area of 1,050 sq. Dead Sea) the rainfall is insufficient for this form
(approximately 12,576 km2). km, half of it within Palestine border, at 392 m of conservation and it is frequently insufficient or
below sea level. too poorly distributed for even a winter crop sown
Map 2.1 (a and b) shows terrain, heights, lengths during the rains.
and areas of the main features of pre-1948 Now Lake Huleh was dried. The area of Lake
Palestine and today as measured. Tiberias remained around 168 sq. km with a The average total rainfall varies from 150 millimetres
variable elevation below sea level. The Dead Sea in Jericho to 220 millimetres in Beersheba, from 370
The longest and most important river in Palestine has shrunk considerably by diverting the waters millimetres in Gaza to around 500 millimetres along
is the Jordan River. The total length of the Jordan of River Jordan and evaporation. Now the Dead the maritime plain, and from 600 to 800 millimetres
River from its source near Banyas in the extreme Sea area on the Palestinian side is 443.58 sq. in the hills. Southward of Beersheba town the rain-
north-eastern tip of Palestine to the Dead Sea km including salt pans (instead of 525 sq. km fall decreases rapidly to as little as 120 millimetres
is 252 km; north of Lake Huleh, 14 km; through before 1948) at 415 m. below sea level, of which at Asluj and 100 millimetres at El Auja.
Lake Huleh (now dried), 5 km; from Lake Huleh 175.5 sq. km belongs to the West bank. These
to Lake Tiberias, 18 km, in the course of which it major physical changes are discussed in detail in Whilst the soils frequently show great variations
dropped about 280 m; through Lake Tiberias, 21 Section 4.5 Changing the Landscape. even within narrow limits they are generally
118 Based on the Survey of Palestine, supra note 3, Vol I, Chapter IX, p. 309 ff.
23
P a r t I : G e n e r a l R e v i e w
Map 2.2: Cultivation and Rainfall from (a) barley every year, as on the light lands in Table 2.4: Cultivated Areas under
the dry Beersheba area, to (b) a two-year course by Principal Crops 1945
which winter crops of wheat or barley are rotated Agricultural Produce donums (1945)
with summer crops of dura (millet) or sesame and Grains and Legumes:
to (c) a three year rotation in which a legume is
Wheat 1378.50
introduced as an additional winter crop. The fol-
Barley 1575.90
lowing is the most common rotation:
Others 1413.20
Wheat and barley are the chief winter cereal crops. Apples 17.70
Wheat is usually grown on the heavier types of Plums 6.50
soil, while barley is grown on the lighter soils, Bananas 8.00
particularly in the south and in Beersheba, where Citrus 293.00
not only is the rainfall much lower than in the north
Others 36.40
but the rainy season is also shorter. The total area
Sub total 1286.10
under both crops is estimated by the Palestine
Department of Agriculture to exceed 4,500,000 Melons 126.00
donums, the actual area varying annually accord- Tobacco 22.30
ing to weather and rotation; the proportions under Total 6081.90
each crop are approximately equal. Total, correcting for wheat, barley 7,627.50
Beer Sheba District is the bread basket of Palestine. Source: Survey of Palestine, supra note 3, Vol. I,
adapted from Table 1, p. 320.
Ships laden with wheat and barley sailed from Note: Department of Agriculture estimates the figures
Gaza port in the nineteenth and the early twenti- for wheat and barley to be 4,500,000 d.
eth century. This is grown in the northern and the
western zone of the District where the rainfall is
over 100 mm/year. The Department of Agriculture Referring back to Map 2.2, the area measured in
reported the following: Beer Sheba District with rainfall between 100 and
200 mm/year is 3,060,000 d., while that between
It is only in this zone in which agriculture, other 200 and 300 mm/year is 950,000 d. and over
than on discontinuous patches in the wadi beds, 300 mm/year 500,000 d. which is very close to
is possible. This zone contains some 1,640,000 the figure of 4,500,000 d. by the Department
donums of cultivable land and every donum of Agriculture. This is also close to the figure of
which can be economically sown is cultivated by cultivation in Beer Sheba.120
the Bedouin inhabitants. The Bedouin are keen
farmers and very much alive to possibilities of Cultivation in higher rainfall zones is extensive
improving their agricultural methods. Tractor particularly where there are other water sources,
Source: Cultivation: Survey of Palestine, Jaffa, 1937, ploughing has made considerable strides within such as wells and springs. The Palestinian farmer
Rainfall: 1931-1947, Government of Palestine annual
Reports; after 1948, the Atlas of Israel, 1985. recent years and an increasing area is being is energetic. Even the rocky slopes are levelled into
planted each year with fruit trees. A considerable steps and planted. Hardly any piece of land worth
part of this comparatively fertile zone is covered cultivating was left barren taking into account the
speaking remarkably fertile considering that they by a block of shifting sand. available capital and machinery. Map 2.2 shows
have received little, if any, farmyard manure for The area of the Naqab may accordingly be sub- that, other than Beer Sheba District, cultivation
centuries. The maritime plain, with large tracts divided as follows: is high in the plains (measured area 4,045,000 d.)
of sandy or sandy-loam soils intersected with Donums Donums and in the hills (7,923,000 d.) and low in the plains
considerable area of heavy land, is very fertile Zone (c) (430,000 d.) and in the hills (1,560,000 d.).
and includes the citrus belt. The inland plain, such (North and West):
as Marj ibn Amer (Esdraelon) and the Huleh, are Cultivable area 1,640,000 Other than wheat and barley, Palestine was fa-
heavy alluvium and well suited to grain. The hills Uncultivable area 1,260,000 2,900,000 mous for its olives. The olive is the principal tree
of the central region and Galilee hold pockets of Zones (a) and (b): of Palestine for centuries. In pre-1948 Palestine
red earths and are productive of fruit, vines and (Southern East and West) 9,676,000 600,000 donums were olive plantations, all Arab
olives. In the lower Jordan valley the soils suitable Total 12,576,000 except 1%.
for agriculture are limited to where sediments
cover the marls and those which can be leached It will also be evident that the great obstacle in The other famous agricultural product is Citrus
of salts; the hot climate permits of the growth of the way of increasing productivity is the short- trees of different varieties, generally known
tropical crops on productive soils under heavy age of water; the rainfall is scanty and uncertain as Jaffa oranges (Shammouti and Valencia) in
irrigation. The Beersheba plateau, the largest and investigations for underground supplies have addition to grape-fruit and lemon. In 1939, the
stretch of plain land in the country, is of loess proved extremely disappointing.119 cultivated area was 293,000 d., half of it Arab
(wind-blown) formation; it is “good barley land” owned. The relatively large Jewish percentage is
in winters of sufficient rainfall, but the rainfall is This estimate of cultivated area in Beer Sheba due to the early arrival of Jewish immigrants at
so fickle that in many years no harvest at all is (1,640,000 d.) is extremely low and may have Jaffa port and their settlement in Jaffa environs.
possible. Map 2.2 shows high and low cultivation been during a drought year. The Department of They bought some plantations and built a suburb
areas and the average rainfall for 1931-1960. Agriculture estimated the cultivated area of wheat in Jaffa named Tel Aviv.
and barley to be 4,500,000 d. in the previous
Cereal growing is the most important activity of paragraph, but this included smaller cultivation Grapes are of great importance to Palestine; they
the majority of Arab cultivators. The rotations vary areas in other parts of Palestine. were grown in almost all parts of the country.
119 Survey of Palestine, supra note 3, Vol. I, p. 370. ment of Palestine shows taxable cereal land of 6,317,285 d. and
120 See Section 2.7, Table 2.23. However fiscal record of the Govern- non-taxable cereal land 951,343 d. See Section 2.8 Table 2.29.
24
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.5: Seasonal Distribution of Crops 1944-1945 this land. The meaning of state land or waste land
was defined by the latest Ottoman Land Code of
Winter and Plantation
1858 and its amendments, for the benefit of the
Crop Winter Summer Total natural inhabitants of the country.
Summer (Perennial)
121 The first field mapping of the coastal plain using modern survey- Palestine Exploration Fund and British Interests in the Holy Land, 127 Gaza map, scale: 1:7500, prepared from a series of Aircraft
ing methods was prepared by Capt. Jacotin following the trail of London and New York: Leicester University Press, 2000. Photographs, the Survey of Egypt, 25th Jan 1917. This artillery
Napoleon’s army marching toward Acre in 1799. Jerusalem was 124 Ibid, Hodson p. 5. map was divided into 28 squares, each side 1000 yards. It had
mapped by F.W. Sieber (1818), F. Catherwood (1833) and British 125 Newcombe surveyed the area with the help of local people from no coordinates. It had few place names, identified by an English
Royal Engineers (1841). The most detailed map of Jerusalem al Arish (for camel transport) and from Beer Sheba acting as missionary who was resident in Gaza.
was prepared by Capt. Charles Wilson (1865) which remained guides and identifiers of place names. Staff from the Survey 128 Don Gavish, A Survey of Palestine under the British Mandate,
the primary reference till 1937. The Dutch officer C.M.W van de of Egypt accompanied him; hence place names were (wrongly) 1920-1948, Oxford: Routledge–Curzon, 2005, p. 33.
Velde prepared a highly accurate map in his time of greater Syria spelt following the Egyptian accent, not as pronounced by 129 Ibid, pp. 32-33.
including Palestine, published 1851, with a detail of Jerusalem. local Arabs. When compared with modern maps, some errors 130 Ibid, p. 32.
Other specialized maps by the Ottomans, Americans and Jewish in location were detected. In the same period the famed T.E. 131 This map is reproduced in: Survey of Western Palestine supra
settlers were prepared for special purposes or locations. Lawrence and C. Leonard Woolley gathered intelligence in the note 122, Vol.1, frontispiece. The triangulation network of 1921
122 See, The Survey of Western Palestine, 1882-1888, 10 vols. area under the guise of archeological investigation. Their report was expanded slightly into Egypt and to the east and north.
and maps, London: PEF and The Royal Geographical Society, was entitled “Wilderness of Zin”, re-published recently (London: After 1948, the Israelis adopted the same Mandate network and
reprinted by Archive Editions with PEF, 1998. Stacey International, 2003). expanded it in the south till Umm Rashrash (Eilat). See, Atlas of
123 See for example, Yolande Hodson and David M. Jacobson, The 126 D. Gavish and G. Biger, Innovative Cartography in Palestine: Israel, Tel Aviv: The Survey of Israel, London: Collier MacMillan,
Survey of Western Palestine: Introductory Essays, London: PEF, Initial use of Aerial Photography in Town Mapping, London: New York: MacMillan Publishing, Third Edition, 1985.
1999, p. 4. See also, John Moscrop, Measuring Jerusalem: The Survey Review 27 (1983) 208: pp. 81-91.
25
P a r t I : G e n e r a l R e v i e w
Map 2.3: Triangulation Network of Map 2.4: Completed Land Settlement 1936, 1947
Palestine as on 31 December 1946
132 Full explanation of the Torrens System, its advantages and prob- and Registration of Rights to Land in Palestine, Conference 133 Gavish, supra note 128, p. 150.
lems is given by the last superintendent of Survey of Palestine. of British Commonwealth Survey Officers, 1947, Report of the 134 Survey of Palestine, supra note 3, Vo.I p. 237, 241 and Supple-
See, J.W. Loxton, Systematic Surveys for Settlement of Title Proceedings, London: HMSO, 1951. ment p. 29.
26
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.6: Series of the 100,000 Scale Topographic Maps, Names and Numbers Map 2.5: Layout of Cadastral and
Topographic Sheets
Sheet No. First series 1934-1938 New series 1938-1942 16-sheet series 1942
1 Haifa (1935) Haifa Metulla
2 Safad (1935) Safad Haifa
3 Zikhron (1938) Zikhron Safad
4 Beisan (1937) Beisan Zikhron
5 Tulkarm (1937) Jaffa-Tel Aviv Nazareth
6 Nablus (1936) Nablus Jaffa-Tel Aviv
7 Jaffa-Tel Aviv (1935) Gaza Nablus
8 Jerusalem (1934) Hebron Yibna
9 Gaza (1936) Jerusalem Ramle
10 Hebron (1936) Rafah (1938) Jerusalem
11 Bethlehem (1937) Beersheba (1938) Gaza
12 Zuweira (1938) Hebron
13 Dead Sea
14 Rafah
15 Beer Sheba
16 Jebel Usdum
Source: Davish, supra note 128, p. 227. See also Map 2.5.
135 Lecture delivered by F.G. Salmon to the Royal Central Asian Society, London, 1938, quoted by Gavish supra note 128, p. 253.
27
P a r t I : G e n e r a l R e v i e w
years of its life, Israel used Palestine maps by there were lists of blocks missing in the Arab Map 2.6: Palestine Districts and
keeping the Arabic names (in English) of Palestinian and the international parts; field books that had Sub-Districts Measured Areas
villages and overprinting new names in Hebrew. been transferred to Ramle by mistake [contain-
Then new maps were produced in which depopu- ing records of Arab and Jewish property] that
lated Palestinian villages and secondary roads belonged to the Jewish part, and field books
were erased and the new Kibbutzim built on the of the Arab part that did not reach Ramle; city
refugees’ land with new secondary road system maps that disappeared (Jaffa and Tiberias to a
were shown with Hebrew names. scale of 1:1,250); a list of stolen registry blocks
in the Jerusalem region – ‘Ein Karim, Lifta, Deir
Following the end of WWII and the rise of Jewish Yasin, Beit Safafa, Qaluniya, and Motsa; the list
terrorism against the British and the Arabs, the of maps of contour lines that disappeared; and
Mandate government felt, once again, obliged to others. Presumably, much of the material moved
complete the survey of Palestine, if not for its own to Ramle was eventually returned [redirected]
obligations as the Mandatory power, but for the to Tel Aviv...
new phase in which Britain was ready to surrender
Palestine to the UN. The British left the Survey Department without
taking with them the archives of documents and
The Royal Air Force (RAF) carried out extensive maps of the department; nor did they take the
aerial survey of Palestine in 1945-1946 and pro- Land Registry books and the Land Settlement
duced 5000 photographs of 21x21 cm, mostly at documentation, but micro-filmed them for
a scale of 1:15,000. The area covered was again back-up. These back-up photographs were
the coastal area and the hilly areas (now called subsequently returned to the Government of
the West Bank), along the eastern boundary of Israel….
Palestine at River Jordan and some areas in
Gaza – Beer Sheba – Auja triangle in the south. The Survey of Israel took over the property of
There were also sporadic surveys of battle zones the Mandate Survey of Palestine. The printing
in 1948. plates of the topographic maps of the Palestine
passed through many hands….137
Thus, in just over 20 years the British Mandate
produced a wealth of information contained in It is of interest to note that Jarvis, the UN Land
hundreds of sheets. Together with Land Settlement Expert, noted in his 1964 report of Arab property
records, this total sum of maps and records, in assessment in Palestine that his records were
spite of its deficiencies and omissions, document- incomplete for villages in the Israeli occupied
ed Palestine patrimony which was lost in 1948, and Jerusalem and Ramle sub-districts because he
consequently helped the nascent Israeli state to did not have these records.138 These villages are
utilize the territory of Palestine it conquered. among those whose records were “stolen”.
The loss was not only in land and property itself. All these documents for Palestine are now housed
All its records and maps were confiscated by the in the Survey of Israel offices, the Ministry of
Israelis. A.P. Mitchell, Director of Palestine Survey Agriculture (in order to allocate Palestinian land to
at the end of the Mandate, decided to distribute the Kibbutz), the Haganah, the Ministry of Defence
the available survey material to Jews and Arabs and the Hebrew University in Jerusalem. There
according to the areas of the Partition plan.136 are other locations outside Israel which may have
The Haganah, the pre-state army, arranged the some information about the whereabouts of the
secret transfer of all maps, books and list of co- records.139
ordinates to Tel Aviv and the copied documents
to be shipped to Britain. The British turned a blind
eye to this operation; they could have stopped it. The major source of statistical information on land
Don Gavish of the Geography department of the 2.4 Village Statistics, 1945 and people during the Mandate period is Village
Hebrew University, where much of the diverted Statistics (1945).141 This compilation of statisti-
material is now housed, writes in detail about Palestine was divided into districts and sub- cal material includes both population and land
this theft. It is worth quoting some paragraphs districts. A sub-district contains few towns and ownership in Palestine. The first edition of Village
in full: several hundred villages, each has a well-defined Statistics was prepared in 1936 when the govern-
area. See Map 2.6 for the administrative divisions ment of Palestine was asked to compile statistical
[T]he Hagana also managed to capture some of and their areas in 1944, that is: Palestine (sub)- data relating to land ownership in Palestine for
the British lorries [carrying the maps to the Arab districts official areas compared with measured the Royal Peel Commission.142 The schedules
side] on the way and to hide the loads in the cellar areas. As noted, the main difference is in Beer were treated as ‘strictly secret’. In 1943, however,
of one of the buildings in Sarona…. Sheba due to the uncertainty of the boundary at the Mandate Government decided to make such
Wadi Arabah. statistical information public, and the Department
The first task of the British and Arab Survey of Land Settlement thereupon issued the first
workers in Ramle [the new Arab office of the Table 2.8 shows the official listing of Districts printed edition Village Statistics. Circulation of this
Survey Dept.] was to check the material trans- (Liwa), Sub-Districts (qada) and official land areas publication was limited to government offices and
ferred to them. This is attested by the files found in square kilometres.140 In common use and mostly a few interested private organizations.
by Israel entitled ‘Missing Documents’, ‘Stolen in official use, the sub-district (qada) is referred
Documents’, ‘List of Documents of the Arab to most often. The term ‘District’ in reference to In 1946, the Government was requested to
State Transferred to Ramle’. Among the files sub-district is used here for simplicity. update the information for the Anglo-American
136 Mitchell, having tried to give the Arabs their share of the survey tant Director of Land Registration, Palestine. See also British and Figures No.34. Beirut: PLO Research Center, September
material, left the (Arab) survey office in Ramle on 25 March National Archives CO 733/494/3, FO 371/91743 (ER 1462/10) 1970.
1948 and left Palestine in April. Loxton, the last to leave, took and FO 371/91752 (ER 1462/9). 142 Supra note 31. The Department of Land Settlement, the authority
a lift home in the last aircraft carrying Lydda airport staff on 23 A brief report about land registration by the UK National Archives responsible for the country’s fiscal assessment records from
April 1948. On this date, Jaffa and Haifa were burning under (previously Public Record Office) gives a useful summary of which this information had to be extracted, was approached by
continuous barrage of Jewish mortars, its inhabitants were record locations. See Research Note 3: Registration of Land in the Commission’s liasion officer, Mr. L.Y. Andrews, Development
driven out of their homes to the Mediterranean sea, the only Palestine and Trans-Jordan before 1948, accessed June 2009 Officer of the Government, to make available the data needed.
escape route left on purpose. at: http://www.nationalarchives.gov.uk/catalogue/RdLeaflet. Sami Hadawi believed that the idea of the partition of Palestine,
137 Gavish supra note 128, pp. 249-255. asp?sLeafletID=382. as later recommended by the Royal Commission, was inspired
138 Jarvis Report, UNCCP, A/AC.25/W. 84, 28 April 1964, para 16. 140 Survey of Palestine, Vol. I, supra note 3, p. 104. by Mr. Andrews, whose friendly relations and cooperation with
139 The description of land registration in Palestine and the 141 Village Statistics. Jerusalem: Government Printer, 1945; and the Jewish Agency were then no secret. Particulars of the loca-
whereabouts of its records are found in a 52-page report with Sami Hadawi, Village Statistics 1945, A Classification of Land tion of Jewish land holdings were needed by the Commission to
Appendices dated October 1948 by J.F. Spry, formerly Assis- and Area Ownership in Palestine, With Explanatory Notes, Facts decide the boundaries of their proposal for a ‘Jewish state’.
28
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Committee of Inquiry.143 The Department of Table 2.8: District and Sub-District Official Names and Areas (1945)
Statistics and the Department of Land Settlement
cooperated in the preparation of this information
which was eventually released as Village Statistics District Area (Sq. kms.) Headquarters Sub-districts Area (Sq. kms.)
In cases where village land contained more 3 Haifa 120,120 104,510 224,630 459,791 364,276 207,688 1,031,755 1,031,758
than one village, the following designation was 4 Tiberias 26,100 12,140 38,240 231,761 167,406 41,802 440,969 440,435
used: 5 Nazareth 38,500 7,600 46,100 263,088 137,382 97,063 497,533 499,623
6 Beisan 16,590 7,000 23,590 164,948 124,755 77,384 367,087 361,362
(a) Where a territorial unit Example: Sur 7 Jenin 56,880 0 56,880 702,093 4,251 128,870 835,214 841,783
included two or more Bahir and Umm
8 Tulkarm 71,240 14,900 86,140 650,695 141,361 43,280 835,336 836,767
administrative units Tuba
which were not terri- 9 Nablus 89,200 0 89,200 1,406,669 15 185,034 1,591,718 1,595,866
torially separated from 10 Jaffa 109,700 264,100 373,800 177,354 129,439 28,573 335,366 335,453
one another and were
of equal importance; 11 Ramle 97,850 29,420 127,270 686,056 122,159 61,977 870,192 870,006
12 Ramallah 47,280 0 47,280 682,504 146 3,914 686,564 688,056
(b) A unit which included Example: Bayt
a Khirbet (hamlet) or Kahil (includes 13 Jerusalem 147,750 100,200 247,950 1,388,854 33,401 148,530 1,570,785 1,560,553
a previously declared Khirbet Jamrura) 14 Gaza 134,290 2,890 137,180 841,804 49,260 220,437 1,111,501 1,113,124
village which was no
15 Hebron 89,570 80 89,650 1,985,922 6,132 84,131 2,076,185 2,128,590
longer recognized as a
separate village entity; 16 Beer Sheba 86,497 180 86,677 12,509,490 65,231 2,279 12,577,000 12,523,751
(c) Change of name; Example: ‘Ein TOTAL 1,243,867 552,670 1,796,537 23,339,643 1,491,699 1,491,657 26,322,999 26,324,448
hash Shofat (pre-
Notes: Village Statistics (Vilstat )1945 refers to 31 December 1944. Beer Sheba population figures are adjusted
viously Ji’ara)
due to a gross underestimate. Areas measured by GlS are shown in the right hand side column. The biggest
(d) An entity known by two Example: Khirbet difference is due to uncertainty of Wadi Arabah boundary. Safad district includes Lake Hula and Concession.
Lake Tiberias and Dead Sea are not included. Misc. population is added to the nearest village.
names. Samah (Eilon)
A typical Jewish colony started as a farm on a village or part thereof, the Tax Distribution Lists it had always been the practice, since Ottoman
small plot of a Palestinian village land. When it for such lands were compiled to conform to the times, to ignore non-taxable land. As regards
grew, it applied for a separate status, which was names of owners and areas appearing in the Land the Beer Sheba sub-district, the names of the
frequently granted by The Mandate. Its area and Settlement records. Where no land settlement taxpayers were extracted from the Commutation
population remained much smaller than that of a of title operations had taken place, the data for of Tithe Lists which showed the tax due by tribe
typical Palestinian village. To verify its land area Village Statistics was extracted from the lists of or sub-tribe, but seldom gave the names of the
in order to compare it with the official area was tax-payers prepared by a village tax distribution individuals or the area of their land.
very difficult due to the lack of large scale maps. committee which was specifically appointed un-
When appropriate, a cluster of such colonies was der the Rural Property Tax Ordinance to distribute When the Department of Land Settlement began
listed together in the master table. the tax assessed on the lands of the village. Since the preparation of the schedules on which the
tax was the criterion, the tax distribution commit- Village Statistics was based, it realised that the
The figures in Village Statistics for land ownership tee ignored non-taxable land, and in the majority total area of the village as it actually existed did
were compiled from two sources. Where settle- of cases did not enter any particulars in the tax not tally with the figures extracted from the fiscal
ment of title to land had been completed in any list about such lands. This was not unusual as records for non-settled land. For convenience, the
143 This committee was appointed jointly by the British and United Palestine, Vol. I, supra note 3, p. 86. 146 1935 Rural Property Tax Ordinance. The last revised law was
States Governments to examine, among other things, the politi- 144 Supra note 115. published in the Laws of Palestine 1944, Vol. I, p. 32; and
cal, economic and social conditions of Palestine and to make 145 1927 Urban Property Tax Ordinance. For further discussion see, Ordinance No. 8 of 1945, Supplement No.1, p. 47. For further
recommendations for a settlement. See, Cmd. 6808, Report Sami Hadawi, Palestinian Rights and Losses in 1948, A Compre- discussion see, Hadawi, supra note 145, pp. 48-51.
of the Anglo-American Committee of Inquiry cited in Survey of hensive Assessment. London: Saqi Books, 1988, p. 47.
29
P a r t I : G e n e r a l R e v i e w
To understand the extent of the defect of land Irrigated L and and 8th Grade Fruit land under water, such as Huleh; fourthly, it
ownership in the Village Statistics, it is neces- Plantation does not distinguish between quality and pro-
sary to review the tax laws which were applica- 13 6th Grade Ground Crop Land, 9th Grade ductivity of the soil; fifthly, the figures are still
ble to agricultural land in Palestine during the Irrigated L and and 9 th Grade Fruit estimates; sixthly, their present basis seems to
period of the Mandate. Property in urban areas Plantation us no more final than the estimates which they
presented no appreciable difficulties insofar as 14 7th Grade Ground Crop Land, 10th Grade displace; and lastly, the definition is unrelated
areas and ownership were concerned. Irrigated Land and 10th Grade Fruit to realities, because it omits, as it shows by its
Plantation very contents, technology, capital, education,
The taxation system inherited by the British 15 8th Grade Ground Crop Land skill and markets”.
Mandatory from the Turks concerning agricul- 16 Forests planted and indigenous and uncul-
tural land was based on the tithe, a tax which tivable land Another critic of the government classification of
was supposed to be equal to one-tenth of the 17 Fish ponds ‘cultivable’ land was Mr. A. Granovsky (Granott),
produce. The collection of the tithe used to be one of the foremost Jewish land experts. To
farmed out by public auction, usually to influ- The first thirteen categories were taxed ac- support his argument, he said: “In order to test
ential persons. Assessment of the produce was cording to the estimated productivity of the the accuracy of the survey statistics, Jewish
made by assessors at the time of harvest. This soil, and in some relation to the net annual Agency experts classified the lands of two
practice, being open to abuse, was discontinued yield. Generally, the rates of tax per donum villages into the prescribed categories. In one
after the British occupation. approximated to 10 per cent of a low estimated village, near Jerusalem, where the survey made
net annual value of the several categories of for the introduction of the Rural Property Tax,
In 1928, the Palestine Government replaced this land. The last three categories, namely, 14, 15 had shown 2,794 donums, or 51.8 percent, of
system by a commutation of tithes, that is, a and 16, were exempt from taxation. In 1943, the lands as uncultivable, the Jewish Agency
fixed aggregate amount paid annually irrespec- however, the Government decided, as a war experts could find only 975 donums, or 18.8
tive of production. The tax was, however, related measure, to levy tax on categories 14 and 15 per cent, of uncultivable land. In the second
to the average amount of tithe that had been and to impose a tax on fish ponds which were village, near Haifa, where 2,185 donums, or
paid by the village during the years immediately then coming into being (category 17). Category 28.1 per cent were registered as uncultivable
preceding the application of the Commutation 16 remained exempt until the termination of by the Government, the Jewish experts found
of Tithes Ordinance to it, and was distributed the Mandate. no more than 726 donums, or 9.3 per cent, of
by village committees under official supervision such land”.
on the basis of the productivity of the land in The soil of Palestine differed considerably even
cereals or fruit trees. The extent of the areas within the limits of a single village, particularly in Mr. Granovsky then explained: “It would also
cultivated was not taken into account. the hill regions. The usage to which certain lands seem that the terms ‘cultivable’ and ‘cultivated’
could be put depended largely on the availability were often used interchangeably during the
In 1935, the taxation system was once again of sufficient rainfall. It was for these reasons survey, and that only such lands were registered
changed by the enactment of the Rural Property that the Government of Palestine decided upon as ‘cultivable’ as were then actually under culti-
Tax Ordinance which remained in force in as many as sixteen categories of land for the vation. That this was an erroneous appraisal is
Palestine (except in the Beer Sheba sub-district purpose of taxation, while classification was proved by the very fact that many new stretches
where the Commutation of Tithes applied) not as rigid as it might have been since it bore of land have since been brought under tillage.
until the termination of the Mandate, and on no relation to actual capital value, in the sense With the extension of the cultivated area, the
which the figures in the Village Statistics were that two plots of land with the same productivity area of the cultivable lands has also been en-
based. but falling in different locations (and of different larged. The total area of cultivated land has been
capital values) were taxed alike. extended year by year, and thus considerably
For the operation of this Ordinance, plans were enlarged in the course of time”. While this was
prepared showing the boundaries of all villages It should be noted that in the majority of cases true, the tax records carried the same figures
and settlements, the boundaries and names Arab methods of cultivation were still primitive; of ‘cultivable’ land as originally classified. Mr.
of the various localities or blocks, the area and owing to the hunger for land, especially in Granovsky then quoted as an example the
planted with fruit trees and the cultivable and the hill regions, the Arab farmer paid no atten- figures for 1930-1931 which, he said, showed
non-cultivable land. Villages and settlements tion to economic considerations and could be that “the whole area under cultivation [excluding
were divided by official valuers into blocks of seen engaged in the cultivation of small patches Beer Sheba] was 3,866,189 donums, while by
land of a roughly similar ground crop produc- of soil between the rocks sometimes by means 1934-1935 it has been extended to 4,529,906;
tivity value, and the category was determined of a pick-axe, or in terracing still smaller pockets that is to say, 663,717 donums, or 17 per cent
in which each block should be placed. The and placing olive tree-shoots in them in the hope more of the land was being worked. These
following categories were decided upon: that they would survive. Many village families figures”, he explained, “apply only to winter
were able to subsist, though miserably, on such and summer fruits and to vegetables, while the
Category and Description marginal land, which, according to Government ‘krab’ areas, that is to say, the lands which it
1 Citrus (excluding Acre sub-district) standards, was classified as non-cultivable and is customary in Palestine to leave fallow every
2 Citrus (Acre sub-district) therefore non-taxable. While such land was held other year, were not taken into account”.
3 Bananas in individual ownership, the tax distribution
4 Village built on area or land reserved there- committee failed to enter the land and owner- The contention of the Jewish Agency experts
fore and any area which in the opinion of the ship in the tax lists because there was no tax on ‘cultivable’ land was not lost on those re-
Official Valuer is reserved for the erection to be assessed, and the owner was only too sponsible in the Department of Land Settlement
of buildings. pleased to evade payment of the tax. Cases are for the classification of land. As Official Valuer,
5 1st Grade Irrigated Land and 1st Grade Fruit known to exist in which influential members of Sami Hadawi more than once drew attention to
Plantation the tax distribution committee would include the discrepancy and suggested a revision of
6 2nd Grade Irrigated Land and 2nd Grade their own lands under the non-taxable category the survey. It was, however, pointed out that
Fruit Plantation in order to escape taxation. the expenditure involved would more than out-
7 3rd Grade Irrigated Land and 3rd Grade weigh the expected increase in the incidence
Fruit Plantation The defect in the government classification of of the tax. While the Government was willing
8 1st Grade Ground Crop Land, 4th Grade ‘cultivable’ land was condemned by Mr. Maurice to forego its tax, it was not realised that the
Irrigated L and and 4th Gr ade Fruit Hexter, of the Jewish Agency, before the Royal extent of Arab-owned land in Palestine is not
Plantation (Peel) Commission. Hexter told the Commission adequately represented by the figures in Village
9 2nd G r ade G round Crop L a nd, 5th that “the figures, based on a fiscal survey, were Statistics, which were compiled from classifica-
Grade Irrigated Land and 5th Grade Fruit necessarily falsified by the natural desire to tions intended for taxation purposes only, with
Plantation evade the tax.” They were compiled, he said, all the short-comings and under-estimations of
10 3rd Grade Ground Crop Land, 6th Grade “by surveyors unable to classify cultivability, these figures.
Irrigated L and and 6th Grade Fruit and limited to recording areas actually under
Plantation cultivation, omitting fallow lands.” The estimate Based on Sami Hadawi, Village Statistics 1945,
11 4th Grade Ground Crop Land, 7th Grade of Government, he went on, “excludes all or A Classification of Land and Area Ownership in
Irrigated L and and 7th Gr ade Fruit nearly all land not under cultivation; secondly, Palestine, With Explanatory Notes, Facts and
Plantation it excludes all or nearly all land requiring con- Figures No.34. Beirut: PLO Research Center,
12 5th Grade Ground Crop Land, 8th Grade siderable capital outlay; thirdly, it excludes all September 1970.
30
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
difference was entered in Village Statistics under partmental action at the time, however, since land owned lands because Jewish purchases had
the column of ‘Public’ whether or not it was owned settlement of title operations when they reached been properly surveyed and registered.
by the government. Strictly speaking, this action the village would adjust the ownership situation
was inappropriate because no authority other than to agree with the actual position. Table 2.9 and the accompanying notes provide a
the tax distribution committee was entitled to alter summary of Village Statistics. Table 2.10 includes
the records in this respect. It was the function of The main defect in the Village Statistics lies in the the full text of the Village Statistics per town/vil-
the committee to divide the land and apportion classification of land for tax purposes which in lage and (sub)-districts, under the same headings
the tax at the time of the original distribution but turn affected the extent of Arab ownership. See as in Table 2.9 and with the notes and limitations
this was not done. No harm was seen by this de- Box. No problem arose in respect of Jewish- previously described.
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
1 Abil el Qamh 330 330 3,116 1,327 172 4,615 65 Rihaniya 290 290 6,112 25 6,137
‘Abisîya, El and Kefar 66 Rosh Pinna 340 340 801 6,847 91 7,739
Szold (includes 67 Sabalân 70 70 1,262 536 1,798
2 1,220 290 1,510 13,671 1,257 501 15,429
‘Azâzîyât, ‘Ein Fît and
Khirbat es S’umman) 68 Safad, Urban & Rural 9,530 2,400 11,930 3,818 256 357 4,431
Aiyelet hash Shahar 69 Safsâf 910 910 5,344 2,047 7,391
3 20 540 560 1,367 6,549 457 8,373
and Yarda Sâliha (includes
4 ‘Akbara 390 390 3,167 57 3,224 70 Mârûn er Râs and 1,070 1,070 11,730 5 11,735
Yârûn)
5 ‘Alma 950 950 17,240 2,258 19,498
71 Sâlihîya, Es 1,520 1,520 4,528 789 290 5,607
6 ‘Ammûqa 140 140 2,571 3 2,574
72 Sammû’î, Es 310 310 9,713 5,422 15,135
‘Arab esh Shamâlina
7 (Khirbat Abû Zeina) 650 650 16,690 16,690 73 Sanbarîya, Es 130 130 2,284 198 50 2,532
(includes El Buteiha) 74 Sa’sa’ 1,130 1,130 12,822 1,974 14,796
8 Beisamûn 20 20 2,057 45 2,102 Shauqa et Tahtâ
9 Bîriya 240 240 408 5,170 1 5,579 75 (includes Mughr esh 200 200 2,009 123 2,132
Buweizîya, El (in- Shab’ân)
10 510 510 13,226 503 891 14,620 76 She-ar Yashuv 100 100 3 1,467 100 1,570
cludes Meis)
11 Dafna 380 380 252 2,189 222 2,663 77 Shûna, Esh 170 170 3,476 184 3,660
12 Dallâta 360 360 9,072 2 9,074 78 Teitabâ 530 530 8,441 12 8,453
Dan (Previously Khân 79 Tûbâ (‘Arab el Heib) 590 590 13,684 2,307 1 15,992
13 260 260 2,163 3,054 371 5,588
ed Duweir) Tuleil and El
80 340 340 3,556 1,753 15 5,324
14 Darbashîya, Ed 310 310 2,767 116 2,883 Huseinîya
Dawwâra, ‘Amir and 81 Ulmânîya, El 260 260 1,169 1,169
15 700 400 1,100 2,547 2,753 170 5,470
Kefar Nehemya 82 Weizîya 3,673 153 3,826
16 Deishûm 590 590 22,393 651 23,044 Yesud ham Ma’ala
83 10 250 260 150 10,928 147 11,225
17 Dhâhirîya el Fauqâ, 15,997 307 16,304 (includes El Kharrâr)
18 Dhâhirîya et Tahtâ, 350 350 6,771 2 6,773 84 Zangharîya (Zuhluq) 840 840 27,856 62 27,918
19 ‘Ein ez Zeitûn 820 820 1,054 46 1,100 85 Zâwiya, Ez 760 760 3,797 161 3,958
20 ‘Ein Zeitim 4 3,707 1,358 5,069 86 Zûq el Fauqânî, Ez 1,789 43 1,832
21 Fâra 320 320 7,225 4 7,229 87 Zûq et Tahtâni, Ez 1,050 1,050 9,368 1,630 636 11,634
22 Farrâdîya 670 670 15,228 4,519 19,747 SAFAD DISTRICT
46,920 6,700 53,620 490,863 121,488 83,780 696,131
TOTAL
23 Fir’im 740 740 2,023 163 5 2,191
1 Abû Sinan 820 820 12,871 172 13,043
24 Ghabbâtiya 60 60 2,381 552 2,933
2 Acre Urban & Rural 12,310 50 12,360 1,499 6 444 1,949
25 Ghurâba 220 220 2,935 478 40 3,453
3 ‘Amqâ 1,240 1,240 6,060 8 6,068
26 Harrâwî 2,255 1,471 3,726
Arab el ‘Arâmisha
27 Hatsor 2 2,104 113 2,219 and Arab el Quleitât
Hûla Concession 4 (includes I’ribbîn, 360 360 11,442 21 11,463
28 190 190 15,608 41,326 56,934
Area Jurdeih and Khirbat
Hûnîn (includes Hûla Idmith)
29 1,620 1,620 13,623 486 115 14,224
and ‘Udeisa) ‘Arab es Samniya
30 Hurfeish 830 830 14,623 2,281 16,904 (includes Khirbat es
5 200 200 1,872 1,872
31 Jâhûla 420 420 1,991 583 1,295 3,869 Suwwâna and ‘Arab
Tauqiya)
32 Jâ’ûna 1,150 1,150 824 7 8 839
6 ‘Arrâba 1,800 1,800 30,852 40 74 30,966
33 Jish 1,090 1,090 12,430 24 148 12,602
7 Bassa, El and Ma’sûb 2,950 150 3,100 25,258 4,178 99 29,535
34 Jubb Yûsuf 170 170 11,230 95 11,325 Beit Jann and ‘Ein
35 Kafr Bir’îm 710 710 12,244 6 12,250 8 1,640 1,640 25,594 17,956 43,550
el Asad
36 Kefar Gil’adi (Tel Hai) 650 650 260 4,184 1,554 5,998 9 Bi’na, El 830 830 14,839 57 14,896
37 Khâlisa, El 1,840 1,840 10,773 507 11,280 10 Birwa, El 1,460 1,460 12,939 546 57 13,542
38 Khirbat el Hiqâb 3,280 3,280 11 Buqei’a, El 990 990 10,276 189 3,731 14,196
39 Khisâs 470 60 530 1,480 2,738 577 4,795 12 Dâmûn, Ed 1,310 1,310 19,073 687 597 20,357
40 Khiyâm el Walîd 280 280 161 3,901 153 4,215 13 Deir el Asad 1,100 1,100 8,366 7 8,373
41 Kirâd el Baqqâra 360 360 2,141 121 2,262 14 Deir Hannâ 750 750 15,350 8 15,358
42 Kirâd el Ghannâma 350 350 3,795 175 5 3,975 Fassûta, Deir el Qâsi
15 2,300 2,300 26,619 7,392 34,011
Lazzâza and Beit and El Mansûra
43 230 100 330 377 942 267 1,586 Ghâbisîya, El and
Hillel
44 Mahanayim 110 110 52 2,407 13 2,472 Sheikh Dâwûd
16 1,240 1,240 11,771 15 11,786
(includes Sheikh
Mâlikîya, El (includes Dannûn)
45 360 360 7,326 2 7,328
‘Eitarûn)
17 Hânîtâ 240 240 3,986 5 3,991
Mallâha and ‘Arab
46 1,710 1,710 1,838 294 36 2,168 18 Iqrit 490 490 21,711 3,011 24,722
Zubeid
47 Manâra, El 70 70 1,615 935 2,550 19 Jatt 200 200 5,907 2 5,909
48 Mansûra, El 360 360 1,254 175 115 1,544 20 Judeida 280 280 5,215 4 5,219
49 Mansûrat el Kheit 200 200 6,735 6,735 21 Jûlis 820 820 12,835 1,873 14,708
50 Mârûs 80 80 3,181 2 3,183 22 Kâbûl 560 560 10,320 19 10,339
Mazâri’ ed Daraja and 23 Kafr I’nân 360 360 5,424 403 5,827
Dardarâ, (includes 24 Kafr Sumei’ 300 300 7,150 3 7,153
51 Dureijât, ‘Ein et Tina, 100 100 4,443 1,829 89 6,361
Jalabînâ and Weizîya 25 Kafr Yâsîf 1,400 1,400 6,729 8 26 6,763
(‘Almîn)) 26 Khirbat Jiddîn 4,238 3,349 7,587
52 Meirûn 290 290 6,765 5,839 1,510 14,114 27 Khirbat Samah (Eilon) 270 270 3,940 48 3,988
Metulla (includes Deir 28 Kisrâ 480 480 10,598 2 10,600
53 Mamâs, Hûra and 220 220 2,010 5,002 78 7,090 29 Kuweikât 1,050 1,050 4,668 65 4,733
Kafr Kîla)
30 Majd el Kurûm 1,400 1,400 17,828 2,214 20,042
54 Mishmar hay Yarden 130 130 5,208 54 5,262
31 Makr, El 490 490 8,661 96 34 8,791
Muftakhira, El in-
55 350 350 5,414 3,596 205 9,215 32 Manshîya 810 270 1,080 12,522 1,895 469 14,886
cludes El Barjîyât)
56 Mughr el Kheit 490 490 6,141 384 102 6,627 Mazra’a, El,Shavei
33 Zion, ‘Ein Sara and 430 530 960 3,116 4,001 290 7,407
57 Nabî Yûsha’, En 70 70 3,616 1 3,617 Ga’aton
58 Nâ’ima, En 1,030 210 1,240 4,450 2,414 291 7,155 34 Mî’ar 770 770 10,785 3 10,788
Qabbâ’a and Jazâyir 35 Mî’ilya 900 900 19,136 9,948 29,084
59 el Hindâj (includes 460 460 13,437 380 13,817
Mughr ed Durûz) 36 Nahariya 1,440 1,440 13 1,986 190 2,189
Qadas (includes 37 Nahf 1,320 1,320 15,654 91 15,745
60 390 390 10,644 3,491 4 14,139
Buleida) 38 Nahr, En 610 610 5,243 18 5,261
61 Qaddîtâ 240 240 2,440 1 2,441 39 Râma, Er 1,690 1,690 23,701 815 24,516
62 Qeitîya 940 940 4,682 183 525 5,390 40 Ruweis, Er 330 330 1,159 4 1,163
63 Qudeirîya, El 390 390 12,487 12,487 41 Sâjûr 350 350 8,172 64 8,236
64 Râs el Ahmar, Er 620 620 7,931 3 7,934 42 Sakhnîn 2,600 2,600 70,181 11 70,192
31
P a r t I : G e n e r a l R e v i e w
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
43 Sha’b 1,740 1,740 17,870 121 17,991 63 Ramat Yohanan 420 420 3,536 15 3,551
44 Suhmâtâ 1,130 1,130 9,572 7,484 17,056 64 Rîhânîya,Er 240 240 1,885 45 1,930
45 Sumeiriya, Es 760 760 7,935 607 8,542 65 Sabbârîn 1,700 1,700 19,840 4,209 1,258 25,307
46 Tamra 1,830 1,830 30,549 10 30,559 66 Sarafand, Es 290 290 3,486 1,923 5,409
Tarbîkhâ (includes Sede Ya’aqov (previ-
47 En Nabî Rubîn and 1,000 1,000 12,548 6,015 18,563 67 ously part of Esh 350 350 8,417 375 8,792
Surûh) Sheikh Bureik)
48 Tarshîhâ and Kâbrî 5,360 5,360 37,308 90 10,030 47,428 Shafâ ‘Amr Urban &
68 7,190 10 7,200 58,725 7,621 31,260 97,606
49 Umm el Faraj 800 800 821 4 825 Rural
Sh’ar ha ‘Amaqim
50 Yânûh 410 410 12,466 370 12,836
69 (previously part of 360 360 2,676 195 2,871
51 Yirkâ 1,500 1,500 30,597 1,855 32,452 Esh Sheikh Bureik)
Zîb, Ez (includes 70 Sindiyâna, Es 1,250 1,250 9,706 864 4,602 15,172
52 1,910 1,910 12,438 169 12,607
Manawât)
71 Tantûra 1,490 1,490 11,758 2,051 711 14,520
ACRE DISTRICT
65,380 2,950 68,330 697,751 24,997 76,915 799,663 72 Tîra, Et 5,270 5,270 23,940 6,553 14,769 45,262
TOTAL
1 Abû Shûsha 720 720 5,883 3,077 8,960 Tivo’n (Alonim) (previ-
73 370 320 690 7 5,771 45 5,823
ously Qusqus-Tab’ûn)
2 Abû Zureiq 550 550 4,401 2,092 6,493
74 Umm esh Shauf 480 480 6,320 1,106 7,426
3 ‘Arab el Fuqarâ 310 310 15 2,513 186 2,714
75 Umm ez Zînât 1,470 1,470 18,684 51 3,421 22,156
Arab el Ghawarina
4 620 620 2,531 526 371 3,428 76 Usha 180 180 894 7 901
(Jisr Zerqa)
5 ‘Arab en Nufei’ât 820 820 7,466 1,471 8,937 77 Wâdî ‘Ara 230 230 7,846 1,949 9,795
6 ‘Ar’ara 2,290 2,290 29,537 5,802 35,339 Waldheim (Umm el
78 260 260 9,194 31 9,225
‘Amad)
7 ‘Atlît 150 510 660 15 5,262 3,806 9,083
Ya’arot hak Karmel
8 Balad esh Sheikh 4,120 4,120 5,844 285 3,720 9,849 79 (previously Khirbat 360 360 64 6,213 6,277
9 Bat Shelomo 90 90 116 7,501 404 8,021 Shallâla)
10 Beit Lahm 370 370 7,439 87 7,526 80 Yâjûr 610 610 344 486 1,890 2,720
11 Beit She’arim 330 330 4,045 159 4,204 Yoqne’am (previ-
81 ously part of Qîra wa 410 280 690 7 13,265 790 14,062
12 Binyamina 270 1,250 1,520 14,724 677 15,401 Qâmûn)
13 Bureika 290 290 1,864 9,384 186 11,434 82 Zikhron Ya’aqov 1,740 1,740 13 11,860 698 12,571
14 Buteimât, El 110 110 3,832 4,724 1 8,557 HAIFA DISTRICT
120,120 104,510 224,630 459,791 364,276 207,688 1,031,755
15 Dâliyat el Karmil 2,060 2,060 19,741 1,736 10,253 31,730 TOTAL
Dâliyat er Rûhâ and 1 ‘Ein Gev (Nauqeib) 320 420 740 967 9,851 2,192 13,010
16 280 320 600 178 9,614 216 10,008
Dalia 2 Afiqim 790 790 640 640
Dumeirâ, Ed 3 Ashdot Ya’aqov 1,020 1,020 60 6,343 807 7,210
17 620 620 775 612 1,387
(Dumeirî)
4 ‘Ulam 720 720 10,816 7,725 5 18,546
18 ‘Ein Ghazâl 2,170 2,170 14,628 424 3,027 18,079
‘Ein hash Shofet 5 Beit Gan 170 170 84 8,221 270 8,575
19 320 320 4,542 69 4,611 6 Beit Zera’ (Kefar Gun) 310 310 1,398 4 1,402
(previously Ji’âra)
20 ‘Ein Haud 650 650 6,656 5,949 12,605 7 Bitanya 968 15 983
El Ro-i (previously 8 Dalhamîya 410 410 1,756 746 350 2,852
21 part of Esh Sheikh 360 360 569 85 654 9 Deganiya ‘’A’’ 290 290 1,118 101 1,219
Bureik)
10 Deganiya ‘’B’’ 380 380 1,915 76 1,991
‘Emeq Zevulun (Jidru
Ghawârina), Kefar 11 ‘Eilabûn 550 550 11,190 3,522 14,712
22 790 530 1,320 793 32,342 7,178 40,313
Masaryk and ‘Ein Ghuweir Abû Shûsha
12 1,240 1,240 8,609 3,439 50 12,098
ham Mifrats and Genossar
23 Fureidîs, El 780 780 4,220 132 98 4,450 13 Hadatha 520 520 8,621 1,689 10,310
Ghubaiyat (includes 14 Hamma, El 290 290 1,105 587 1,692
El Ghubaiya el Fauqâ, 15 Hittîn 1,190 1,190 22,086 147 531 22,764
24 1,130 1,130 11,607 532 12,139
El Ghubaiya et Tahtâ
and En Naghnagiya) 16 Kafr Kamâ 660 660 8,395 424 8,819
25 Giv’at ‘Ada (El Marâh) 160 160 7,562 297 7,859 17 Kafr Sabt 480 480 4,295 5,110 445 9,850
Giv’ot Zeid (previous- 18 Kefar Hittim 230 230 96 3,929 15 4,040
26 ly part of Esh Sheikh 110 110 1,581 8 1,589 19 Kinneret 220 220 4,798 329 5,127
Bureik) 20 Kinneret Group 460 460 3,288 104 3,392
27 Hadera Urban & Rural 20 7,810 7,830 121 20,254 1,090 21,465
21 Lubiya 2,350 2,350 32,895 1,051 5,683 39,629
Haifa (Urban) in-
28 cludes Ahuzzat Sir 62,800 75,500 138,300 12,911 27,623 13,771 54,305 22 Ma’dhar 480 480 6,045 5,287 334 11,666
Herbert Samuel) 23 Majdal 360 360 88 15 103
Haz Zorea’ (previ- Nasr-ed-Dîn /
24 580 580 4,185 1,410 1,202 6,797
29 ously part of Qîra wa 290 290 3,215 103 3,318 Manâra, El
Qâmûn) 25 Menahamiya 230 230 8,317 653 8,970
30 Heftsi Bah 20 20 2 4,898 939 5,839 26 Migdal 240 240 25 5,770 67 5,862
31 I’billîn 1,660 1,660 16,019 2,613 18,632 27 Mitspa 90 90 550 3,621 674 4,845
32 Ijzim 2,970 2,970 23,619 23,286 46,905 Maghâr and El
28 2,140 2,140 45,590 1 9,992 55,583
33 Isfiyâ 1,790 1,790 16,811 1,476 14,260 32,547 Mansûra
34 Jaba’ 1,140 1,140 4,759 2,253 7,012 29 Nimrîn 320 320 8,306 3,224 489 12,019
35 Kabâra 120 120 1,070 3,487 5,274 9,831 30 Poriya 130 130 2,909 285 3,194
36 Kafr Lâm 340 340 5,104 1,734 6,838 Samakh, Massada
31 3,460 3,460 9,265 8,412 934 18,611
and Sha’ar hag Golan
37 Kafr Qari’ 1,510 1,510 14,543 3,544 6 18,093
32 Samakîya,Es 380 380 10,474 52 10,526
38 Kafrîn, El 920 920 9,981 901 10,882
Samrâ, Es (includes
39 Karkûr 2,380 2,380 10 13,302 520 13,832 33 290 290 6,912 1,708 3,943 12,563
Kafr Harîb Lands)
40 Kefar ‘Atta (Kufrittâ) 1,690 1,690 3 5,194 934 6,131 34 Sejera (Ilanya) 240 240 94 16,707 418 17,219
41 Kefar Brandeis 150 150 4,906 49 4,955 35 Sha’âra and ‘Omer 90 90 5,985 113 6,098
42 Kefar ham Maccabi 210 210 1,660 18 1,678 36 Shajara, Esh 770 770 2,757 61 936 3,754
43 Kefar Hasidim 980 980 2 16,408 592 17,002 37 Sharona 110 110 4,814 79 4,893
44 Kefar Yehoshua’ 620 620 7,982 525 8,507 38 Shorashim 1,297 2,253 115 3,665
45 Khirbat ed Dâmûn 340 340 1,904 893 2,797 Tâbigha, Et (includes
46 Khirbat el Burj 15 4,933 343 5,291 39 Tell el Hunûd and 330 330 5,287 102 5,389
Khirbat Lîd (Ed Khân el Minya)
47 640 640 13,218 354 13,572 Tiberias (Rural /
‘Awâdin)
48 Khubbeiza 290 290 2,828 2,024 2 4,854 40 Urban) and Haz 5,310 6,130 11,440 4,615 7,811 3,303 15,729
Zor’im
49 Khureiba, El 3,911 3,996 7,907
41 ‘Ubeidîya, El 870 870 4,031 1,139 3 5,173
Mansî’, El (‘Arab
50 1,200 1,200 7,611 4,661 12,272 Khirbat el Wa’ra es
Banîhâ)
42 Saudâ (El Mawâsî and 1,870 1,870 7,036 7,036
51 Mazâr, El 210 210 4,432 856 2,688 7,976 El Wuheib)
52 Meir Shefeiya 330 330 2,497 57 2,554 43 Yâqûq 210 210 4,229 4,275 3 8,507
Mesheq Yagur (in- Yavneel and Mishmar
53 1,220 1,220 32 4,084 195 4,311 44 590 590 23,015 891 23,906
cludes Mesheq) hash Shelosha
54 Mishmar ha ‘Emeq 390 390 4,736 114 4,850 TIBERIAS DISTRICT
26,100 12,140 38,240 231,761 167,406 41,802 440,969
55 Nesher 1,430 1,400 2,830 2,748 172 2,920 TOTAL
56 Pardes Hanna 670 2,300 2,970 1,113 19,856 1,439 22,408 1 ‘Afula Urban / Rural 10 2,300 2,310 68 16,275 1,934 18,277
57 Qannîr 750 750 10,826 50 455 11,331 2 ‘Arab esh Subeih 1,320 1,320 3,740 4,946 8,686
Qiryat ‘Amal (previ- 3 Balfourya 330 330 8,368 431 8,799
58 ously part of Esh 530 530 2,832 93 2,925 4 Bu’eina 540 540 6,793 115 2,306 9,214
Sheikh Bureik) 5 Dabbûriya 1,290 1,290 13,373 571 4,241 18,185
Qiryat Haroshet (pre-
59 viously part of Esh 240 240 4 715 190 909 6 Dahî Ed 110 110 3,011 5,027 8,038
Sheikh Bureik) 7 ‘Ein Mâhil 1,040 1,040 8,268 5,122 13,390
60 Qîsârîya (Caesarea) 960 160 1,120 20,959 874 9,953 31,786 8 Gevat 520 520 5,356 179 5,535
61 Ramat hash Shofet 240 240 5,459 121 5,580 9 Ginneigar 330 330 3,913 141 4,054
Ramat Yishai (previ- 10 Iksâl 1,110 1,110 13,666 2,343 16,009
62 50 50 2,792 202 2,994
ously Jeidâ) 11 ‘’Ilût 1,310 1,310 10,891 6,666 17,557
32
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
12 Indûr 620 620 10,414 2,030 12,444 4 ‘Arabbûna 210 210 6,766 6 6,772
13 Kafr Hannâ 1,930 1,930 18,869 586 19,455 5 ‘Araqa 350 350 3,994 1,681 5,675
14 Kafr Mandâ 1,260 1,260 12,703 2,232 14,935 6 ‘Arrâba 3,810 3,810 39,558 343 39,901
15 Kaukab 490 490 2,134 16,540 18,674 7 ‘Arrâna 320 320 7,864 2 7,866
16 Kefar Barukh 250 250 10,172 263 10,435 8 Bârid, El 280 280 2,720 1 2,721
17 Kefar Gid’on 90 90 3,741 54 3,795 Barta’a (includes
18 Kefar ha Horesh 220 220 8,547 63 8,610 9 Khirbat Tûra el 1,000 1,000 4,320 16,179 20,499
Gharbîya)
19 Kefar Tavor (Mas-ha) 230 230 13,866 482 14,348
10 Beit Qâd 290 290 6,610 2,305 8,915
20 Kefar Yeladim 784 34 818
11 Birqîn 1,540 1,540 18,774 673 19,447
21 Mahane Yisrael 390 3,497 140 4,027
12 Deir Abû Da’îf 850 850 12,898 8 12,906
22 Ma’lûl 690 690 1,949 2,719 30 4,698
13 Deir Ghazzâla 270 270 4,083 2,505 6,588
23 Mash-had 660 660 9,852 1,215 11,067
14 ‘Ein el Mansî 90 90 1,278 17 1,295
24 Merhavya Group 350 350 3,014 109 3,123
15 Fahma 350 350 4,491 7 4,498
25 Merhavya Settlement 270 270 13,979 546 14,525
16 Fandaqûmîya, El 630 630 3,895 184 4,079
26 Mizra’ 320 320 2,267 61 2,328
17 Faqqû’a 880 880 29,255 924 30,179
Mount Tabor (in-
27 cludes Umm el 7,067 1,342 8,409 18 Firâsîn 20 20 4,326 2,346 6,672
Ghanam) 19 Jaba’ 2,100 2,100 23,676 944 24,620
28 Mujeidil, El 1,900 1,900 18,165 485 186 18,836 20 Jalama 460 460 5,775 52 5,827
29 Nahalal and Shimron 1,090 1,090 8,023 302 8,325 Jalbûn (includes
21 610 610 31,128 2,831 33,959
30 Nâ’ûra 340 340 5,535 5,299 202 11,036 Khirbat el Mujadda’a)
Nazareth Rural / 22 Jalqamûs 220 220 3,553 884 4,437
31 14,200 14,200 12,599 2,615 15,214 23 Jarbâ 100 100 3,530 3,530
Urban
32 Nein 270 270 3,737 950 4,687 24 Jenin Urban & Rural 3,990 3,990 19,422 452 19,874
Ramat David, ‘Ayanot 25 Judeida 830 830 5,799 561 6,360
33 510 510 8,149 232 8,381
/ and Hash Sharon 26 Kafr Dân 850 850 7,292 36 7,328
34 Reina, Er 1,290 1,290 15,899 130 16,029 27 Kafr Qûd 250 250 5,459 4 5,463
35 Rummâna 590 590 1,485 8 1,493 28 Kafr Râ’ î 2,150 2,150 35,859 9 35,868
36 Saffûriya 4,330 4,330 41,748 13,630 55,378 29 Kufeir 140 140 4,315 4,315
37 Sârîd 350 350 4,945 120 5,065 30 Kufeirât 240 240 730 2 732
38 Sûlam 470 470 2,358 3 1,244 3,605 31 Mazâr, El 270 270 14,472 29 14,501
39 Tamra 160 80 240 3,604 5,568 264 9,436 32 Meithalûn 1,360 1,360 10,650 1,845 12,495
40 Tel ‘Adashim 360 360 7,261 383 7,644 33 Mirka 230 230 4,391 5 4,396
41 Tur’ân 1,350 1,350 13,104 16,639 29,743 34 Misilya 330 330 5,358 3,680 9,038
42 Umm Qûbei 4,381 15 255 4,651 Mughaiyir, El (in-
43 ‘Uzeir 150 150 764 2 766 35 cludes Khirbat el 220 220 14,371 3,678 18,049
44 Yâfâ 1,070 1,070 16,521 450 838 17,809 Mutilla)
NAZARETH DISTRICT 36 Muqeibila 460 460 2,687 4,441 7,128
38,500 7,600 46,100 263,088 137,382 97,063 497,533
TOTAL 37 Nûris 570 570 6,247 9 6,256
‘Arîda, El and Sede Qabâtiya (includes
1 150 180 330 700 1,362 218 2,280 38 3,670 3,670 39,266 11,281 50,547
Eliyahu Khirbat Tannîn)
2 Ashrafîya, El 230 230 4,608 1,293 810 6,711 Râbâ (includes
39 870 870 14,605 11,037 25,642
3 Avuqa 160 160 885 66 951 Khirbat Umm Sirhân)
4 Bashâtiwa, El 1,560 1,560 14,510 2,252 3,977 20,739 40 Râma, Er 280 280 4,767 1 4,768
5 Bawâti, El (Hakimîya) 520 520 5,412 1,305 3,924 10,641 Rummâna (includes
41 880 880 15,390 6,286 21,676
Khirbat Sâlim)
Beisan Rural / Urban,
6 Sede Nahum and 5,180 540 5,720 15,267 9,254 4,436 28,957 42 Sandala 270 270 3,217 32 3,249
Messilot Sânûr (includes
43 1,020 1,020 12,432 465 12,897
7 Beit Alfa 430 430 6,616 70 6,686 Nukheil)
Beit hash Shitta 44 Sîlat edh Dhahr 2,850 2,850 9,798 174 9,972
8 590 590 4 6,644 69 6,717 45 Sîlat el Hârithîya 1,860 1,860 5,188 3,743 8,931
(Shatta)
9 Bîra, El 260 260 4,853 2,013 6,866 46 Sîr 290 290 12,496 3 12,499
10 Danna 190 190 5,177 206 1,231 6,614 47 Sîrîs 830 830 8,911 3,682 12,593
11 ‘Ein Harod 1,060 1,060 14,066 198 14,264 48 Ti’innik 100 100 29,608 2,540 115 32,263
12 Farwana 330 330 3,942 1,054 4,996 49 Tilfît 170 170 4,791 1,836 6,627
13 Fâtûr, El 110 110 709 20 729 Umm el Fahm (in-
14 Gesher 130 130 1,365 91 1,456 cludes ‘Aqqâda, ‘Ein
Ibrâhîm, Khirbat
15 Geva’ 380 380 3,114 70 3,184 50 el Buweishât, El 5,490 5,490 68,311 8,931 77,242
Ghazâwîya, El, Ma’oz Murtafi’a, Lajjûn,
16 Haiyim and Neve 1,020 620 1,640 5,323 7,625 5,460 18,408 Mu’âwiya, Musheirifa
Eitan and Musmus)
Hamîdîya, El 51 Umm et Tût 170 170 1,843 3,033 4,876
and Hermonim Ya’bad (includes
17 220 100 320 4,814 1,386 4,702 10,902
(Hermonim was pre- Khirbat el Khuljân,
viously Irgun Deror) Khirbat et Tarim,
18 Hamrâ, El 730 730 8,623 2,153 735 11,511 52 Khirbat Tûra esh 3,480 3,480 21,622 16,183 37,805
19 Heftsi Bah 330 330 4,012 82 4,094 Sharqîya, Nazlat
Sheikh Zeid and
20 Jabbûl and Beit Yosef 250 170 420 5,407 20 9,700 15,127
Khirbat Umm Rîhân)
21 Jisr el Majâmi’ 20 230 250 289 169 458 53 Yâmûn, El 2,520 2,520 20,033 328 20,361
22 Kafr Misr 330 330 4,629 4,462 4,139 13,230 54 Zabâbida, Ez 870 870 5,713 6 5,719
23 Kafra 430 430 7,409 1,763 9,172 55 Zalafa 340 340 1,285 2,504 3,789
24 Kaukab el Hawâ 300 300 6,125 3,824 9,949 56 Zâwiya 120 120 1,065 1 1,066
25 Kefar Yehezqel 430 430 5,396 293 5,689 57 Zibda 190 190 5,333 6,591 11,924
Khuneizir, El
26 260 260 1,966 1,000 141 3,107 58 Zir’in 1,420 1,420 22,034 1,711 175 23,920
(Ikhneizir)
Masîl el Jizl and Kefar 59 Zubûba 560 560 13,839 4 13,843
27 100 180 280 976 2,222 2,675 5,873 JENIN DISTRICT
Ruppin (Massada) 56,880 56,880 702,093 4,251 128,870 835,214
28 Murassas, El 460 460 9,936 3,002 1,539 14,477 TOTAL
29 Qûmiya 440 440 4,716 81 101 4,898 1 ‘Anabtâ and Iktâba 3,120 3,120 13,820 1,625 15,445
30 Safâ, Es 650 650 7,549 2,523 2,446 12,518 2 ‘Attâra, El 250 250 3,802 42 3,844
Sâkhina, Es and Nir 3 ‘Attîl 2,650 2,650 7,319 18 7,337
31 530 290 820 1,088 4,985 327 6,400
David (Tel ‘Amal) 4 ‘Avihayil 350 350 1,735 127 1,862
32 Sâmirîya, Es 250 250 2,851 1,022 3,873 ‘Azzûn and En Nabî
5 1,190 1,190 19,142 4,354 23,496
33 Sîrîn 810 810 16,589 477 11,379 28,445 Ilyâs and ‘Isla
Taiyiba, Et and Benei 6 Bal’â 2,220 2,220 21,109 42 21,151
34 Berit (Benei Berit was 280 150 430 7,127 8,492 255 15,874 Bâqa el Gharbîya
previously Moledet) 7 includes Manshîyat 2,240 2,240 21,116 886 22,002
35 Tel Yosef 690 690 15,312 418 15,730 Bâqa
36 Tell esh Shauk 120 120 65 3,116 504 3,685 8 Bâqa esh Sharqîya 480 480 3,969 17 3,986
Tîra, Et and Irgun 9 Beit Lîd 960 960 16,746 6 16,752
37 150 50 200 4,463 2,604 3,140 10,207
Borokhov 10 Beit Yannai 50 50 5,160 277 5,437
Tirat Tsevi (Ez 11 Beit Yits-haq 310 310 411 36 447
38 290 290 836 62 898
Zarrâ’a) 12 Benei Binyamin 130 130 741 37 778
39 Umm ‘Ajra 260 260 2,708 1,218 2,517 6,443
13 Birkat Ramadân 5,015 231 308 5,554
40 Wâdî el Bîra 70 70 5,195 5,195
14 Bitan 50 50 859 67 926
41 Yublâ 210 210 2,051 1,758 1,356 5,165
15 Dannâba 740 740 4,218 1,366 5,584
42 Zab’a 170 170 156 3,424 388 3,968 Deir el Ghusûn (in-
BEISAN DISTRICT cludes Khirbat el
16,590 7,000 23,590 164,948 124,755 77,384 367,087
TOTAL Masqûfa, El Marja,
1 ‘Ajja 890 890 10,865 162 11,027 16 Khirbat Jârûshîya, 2,860 2,860 26,655 1,115 27,770
2 ‘Anîn 590 590 9,431 5,618 15,049 Khirbat Bîr es Sikka,
Khirbat Yammâ and
3 ‘Anza 880 880 4,704 36 4,740 Khirbat Ibthân)
33
P a r t I : G e n e r a l R e v i e w
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
17 ‘Ein ha Horesh 320 320 985 182 1,167 Tûlkarm Urban &
18 ‘Ein ha ‘Oved 80 80 239 15 254 95 Rural, Khirbat Jallâd 8,090 8,090 28,793 3,629 1,860 34,282
and Khirbat Di’bâs
19 ‘Ein Vared 410 410 1,649 171 1,820
96 Umm Khâlid 970 970 1,923 882 89 2,894
20 Elyashiv 310 310 9 1,167 177 1,353
Wâdî el Hawârith
21 Even Yehuda 640 640 102 4,311 237 4,650 97 North & South/ Kefar 1,330 380 1,710 2,515 3,955 1,932 8,402
22 Falâma 120 120 2,379 1 2,380 Ha-Roe
23 Fardîsiyâ 20 20 1,071 21 1,092 98 Wâdî Qabbânî 320 320 427 9,276 109 9,812
24 Far’ûn 710 710 7,765 1,086 8,851 99 Yedidya 220 220 2,525 176 2,701
25 Gan Haiyim 160 160 976 1 977 100 Zeitâ 1,780 1,780 6,364 46 6,410
26 Ghâbat el ‘Abâbisha 2,420 2,223 191 4,834 TULKARM DISTRICT
71,240 14,900 86,140 650,695 141,361 43,280 835,336
TOTAL
Ghâbat et Taiyiba el
27 1,106 404 18 1,528 1 ‘Ammuriya 120 120 3,111 1 3,112
Qiblîya
Ghâbat et Taiyiba esh 2 ‘Aqqâba 600 600 8,061 7 8,068
28 567 1,447 48 2,062
Shamâlîya ‘Aqraba (includes
3 2,060 2,060 139,869 2,661 142,530
29 Ghâbat Jaiyûs 807 1,588 47 2,442 Khirbat Fasâyil)
Ghâbat Kafr Sûr, 4 ‘Asîra el Qiblîya 410 410 6,434 3 6,437
Beit Yehoshua’, 5 ‘Asîra esh Shamâlîya 2,060 2,060 30,487 9 30,496
30 740 390 1,130 4,506 10,384 4,776 19,666
Kfar Netter and Tel
6 ‘Askar 340 340 3,612 103 3,715
Yitshaq
31 Ghâbat Miska 5,573 271 38 5,882 7 ‘Awartâ and Udala 1,470 1,470 16,071 35 16,106
32 Giv’at Haiyim 570 570 951 41 992 8 ‘Azmût 410 410 10,745 3 10,748
33 Giv’at Shappira 2,335 113 2,448 9 Balâta 770 770 2,984 16 3,000
34 Habla 580 580 8,391 570 1,942 10,903 10 Bâqa 390 390 8,947 3 8,950
Havatselet hash 11 Bazzâriya 320 320 4,198 80 4,278
35 50 50 1,572 165 1,737 Beit Dajan (includes
Sharon
36 Herut 380 380 21 753 57 831 12 Beit Dajan Jiftlik: and 750 750 31,526 12,550 44,076
Khirbat Furûsh)
37 Hibbat Zion 100 100 1,769 113 1,882
Beit Fûrîk (includes
38 Hogla 210 210 1,483 104 1,587 13 1,240 1,240 36,656 7 36,663
Khirbat Kafr Beitâ)
39 ‘Illâr 1,450 1,450 13,973 8 13,981 14 Beit Ibâ 630 630 4,966 97 5,063
40 Irtâh 1,060 1,060 2,539 410 2,949 15 Beit Umrîn 860 860 12,086 8 12,094
41 Jaiyûs 830 830 12,565 6 12,571 16 Beit Wazan 310 310 3,662 49 3,711
42 Jaljûliya 740 740 11,873 365 447 12,685 17 Beitâ 1,580 1,580 17,530 12 17,542
43 Jatt 1,120 1,120 9,623 8 9,631 18 Biddyâ 1,360 1,360 13,455 11 13,466
Kafr ‘Abbûsh (in- 19 Bûrîn and ‘Irâq Bûrîn 1,200 1,200 18,933 163 19,096
44 cludes Khirbat Abû 480 480 4,920 3 4,923
20 Burqâ 2,590 2,590 18,190 296 18,486
Harfîl)
45 Kafr Barâ 150 150 3,956 3 3,959 21 Burûqîn (Ibrûqîn) 690 690 12,623 5 12,628
46 Kafr el Labad 940 940 14,753 4 14,757 22 Deir Ballût 720 720 14,776 13 14,789
47 Kafr Jammâl 690 690 13,122 1,823 14,945 23 Deir el Hatab 370 370 11,526 6 11,532
48 Kafr Qâsim 1,460 1,460 12,718 47 12,765 24 Deir Istiyâ 1,190 1,190 33,818 346 34,164
49 Kafr Rummân 270 270 3,921 12 3,933 25 Deir Sharaf 800 800 7,058 132 7,190
50 Kafr Sâbâ 1,270 1,270 6,019 3,144 525 9,688 26 Dûmâ 310 310 17,346 5 17,351
51 Kafr Sûr 460 460 10,722 204 10,926 27 ‘Einâbûs 340 340 4,008 3 4,011
52 Kafr Thulth 1,290 1,290 24,851 82 5 24,938 28 Far’ata 70 70 1,663 1 1,664
53 Kafr Zîbâd 1,590 1,590 7,079 6 7,085 29 Farkha 380 380 5,673 2 5,675
54 Kefar Haiyim 320 320 1,463 134 1,597 30 Funduq, El 100 100 1,592 27 1,619
Ghôr el Fâri’a
55 Kefar Hess 360 360 1,091 76 1,167
(Qarâwa el Fauqâ,
56 Kefar Vitkin 890 890 3,777 339 4,116 31 1,890 1,890 15,114 65,361 80,475
Qarâwâ et Tahta and
57 Kefar Yona 480 480 49 2,890 164 3,103 Umm Hureira)
58 Khirbat Beit Lîd 460 460 2,969 2,220 147 5,336 32 Hajja 960 960 13,105 14 13,119
59 Khirbat el Jalama 70 70 33 Hâris 540 540 8,387 4 8,391
60 Khirbat ez Zabâbida 4,626 4,884 1,369 10,879 34 Huwwâra 1,300 1,300 7,871 111 7,982
61 Khirbat Khureish 3,653 2 3,655 35 Ijnisinyâ 200 200 6,543 4 6,547
62 Khirbat Manshîya 260 260 12,520 3,835 415 16,770 36 Immâtîn 440 440 7,152 3 7,155
Khirbat Zalafa (in- 37 Iskâkâ 260 260 5,310 1 5,311
63 cludes Khirbat Birkat 210 210 6,865 617 231 7,713 38 Jâlûd 300 300 15,811 4 15,815
Ghâziya)
39 Jammâ’în 1,240 1,240 19,810 11 19,821
64 Kûr 280 280 8,510 4 8,514
40 Jinsâfût 450 450 9,344 12 9,356
65 Ma’barot 330 330 786 365 1,151
41 Jît 440 440 6,455 6 6,461
Mishmar hash
66 310 310 404 30 434 42 Juneid 90 90 283 1 284
Sharon
Miska and Sede Jûrîsh (includes Kafr
67 880 180 1,060 4,924 2,976 176 8,076 43 340 340 8,204 3 8,207
Warburg Atîya)
68 Moshav Gan Haiyim 255 835 71 1,161 44 Kafr ed Dîk 870 870 15,293 15 15,308
Natanya Urban & 45 Kafr Lâqîf 210 210 2,850 4 2,854
69 5,070 5,070 2,557 8,712 1,349 12,618
Rural 46 Kafr Qaddûm 1,240 1,240 18,921 10 18,931
70 Nazla el Gharbîya 100 100 2,319 1 2,320 Kafr Qallîl (includes
47 470 470 4,660 72 4,732
71 Nazla el Wustâ 60 60 1,508 1 1,509 Khirbat Sârîn)
72 Nazla esh Sharqîya 300 300 4,839 1 4,840 48 Khirbat Qeis 170 170 3,387 1 3,388
73 Nazlat Abû Nâr 20 20 749 2 751 49 Khirbat Sîr 2,240 2 2,242
74 Nazlat ‘Isâ 380 380 2,027 3 2,030 50 Kifl Hârith 770 770 9,388 5 9,393
75 Nira 60 60 150 150 51 Lubban Sharqîya 620 620 12,448 97 12,545
76 Qadima 190 190 40 4,049 249 4,338 52 Mâdamâ 290 290 3,357 4 3,361
Qaffîn (includes 53 Majdal Banî Fâdil 430 430 28,018 4 28,022
Khirbat el ‘Aqqâba 54 Marda 470 470 9,014 7 9,021
77 1,570 1,570 21,617 2,138 23,755
and Khirbat esh 55 Mas-ha 110 110 8,259 4 8,263
Sheikh Meisar)
Mughaiyir, El (in-
Qalansuwa and Tsur 56 290 290 30,655 3,248 33,903
78 1,540 240 1,780 17,249 7,749 2,498 27,496 cludes Khirbat Jib’ît)
Moshe
57 Nâblus Urban & Rural 23,250 23,250 7,251 15 1,099 8,365
79 Qalqîliya 5,850 5,850 26,056 787 1,072 27,915
58 Nâqûra, En 350 350 5,416 91 5,507
80 Qâqûn 1,970 1,970 35,611 4,642 1,514 41,767
59 Nisf Jubeil 260 260 5,050 4 5,054
81 Ramat hak Kovesh 520 520 120 453 15 588
60 Qabalân 1,310 1,310 8,280 10 8,290
82 Râmîn 630 630 8,690 178 8,868
61 Qarâwat Banî Hasan 450 450 9,681 4 9,685
Raml Zeitâ (Khirbat
83 140 140 12,720 1,453 664 14,837 62 Qaryût 930 930 7,485 6 7,491
Qazâza)
84 Râs, Er 160 160 5,646 5,646 63 Qîra 140 140 2,247 2 2,249
85 Saffârîn 530 530 9,683 4 9,687 64 Qûsîn 310 310 4,538 5 4,543
86 Seidâ 450 450 5,053 7 5,060 65 Qusra 1,120 1,120 8,931 7 8,938
87 Shûfa 370 370 11,595 95 11,690 66 Râfât 180 180 8,123 2 8,125
88 Shuweika 2,370 2,370 6,060 268 6,328 67 Rafîdiya 430 430 1,993 11 2,004
Tabsar (Khirbat 68 Rujeib 390 390 7,036 2 7,038
89 2,348 2,807 173 5,328
‘Azzûn) 69 Sabastiya 1,020 1,020 4,953 113 5,066
Taiyiba, Et, Khirbat 70 Salfît 1,830 1,830 23,101 16 23,117
el ‘Amârîn, Nuseirât,
90 4,290 110 4,400 32,750 6,294 1,581 40,625 71 Sâlim 660 660 10,288 5 10,293
Khirbat Takla and
Kefar Ya’ vetz 72 Sannîriya 990 990 12,675 10 12,685
91 Tel Mond 390 390 3,395 245 3,640 73 Sarra 540 540 5,926 2 5,928
92 Tel Tsur 120 120 1,340 87 1,427 74 Sarta 420 420 5,579 5 5,584
93 Tîra, Et 3,180 3,180 26,803 3,720 836 31,359 75 Sâwiya, Es 820 820 10,699 88 10,787
94 Tsofit 220 220 1,074 72 1,146 76 Talfît 610 610 6,252 6 6,258
34
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
77 Tallûza 1,830 1,830 52,550 5,160 57,710 19 Budrus 510 510 7,930 5 7,935
78 Tammûn 2,070 2,070 98,061 19 98,080 20 Burj, El 480 480 4,705 3 4,708
79 Tayâsîr 260 260 23,256 2 23,258 21 Dâniyâl 410 410 2,728 80 2,808
80 Tell 1,060 1,060 13,771 5 13,776 22 Deir Abû Salâma 60 60 1,195 1,195
Tûbâs (includes 23 Deir Aiyûb 320 320 4,500 1,528 6,028
81 5,530 5,530 220,594 92,529 313,123
Kashda and Bardala) 24 Deir Muheisin 460 460 9,704 304 10,008
82 ‘Urîf 520 520 3,959 6 3,965 25 Deir Qaddîs 440 440 8,222 2 8,224
83 ‘Usarîn 200 200 2,184 1 2,185 26 Deir Tarîf 1,750 1,750 8,338 418 8,756
84 Yânûn 50 50 16,437 2 16,439 27 Gedera 970 970 196 4,677 341 5,214
85 Yâsîd 480 480 9,217 5 9,222 28 Hadîtha, El 760 760 6,544 157 409 7,110
86 Yâsûf 360 360 6,039 29 6,068 29 Hulda 260 260 2,534 62 2,596
87 Yatmâ 440 440 3,738 39 3,777 30 Idhnibba 490 490 6,827 1,082 194 8,103
88 Zawâtâ 330 330 3,482 76 3,558 31 ‘Imwâs 1,450 1,450 5,135 16 5,151
89 Zâwiya 720 720 11,510 6 11,516 32 ‘Innâba 1,420 1,420 12,244 21 592 12,857
90 Zeitâ 510 510 12,882 5 12,887 33 Jîlyâ 330 330 10,345 2 10,347
NABLUS DISTRICT 34 Jimzû 1,510 1,510 9,460 221 9,681
89,200 89,200 1,406,669 15 185,034 1,591,718
TOTAL
35 Jindâs 4,289 159 4,448
1 Abû Kishk 4,170 4,170 17,121 901 448 18,470
36 Kefar Bilu 230 230 261 655 75 991
2 Bat Yam (Urban) 2,000 2,000 13 2,107 998 3,118
37 Kefar Aharon 80 80 38 1,727 84 1,849
3 Beit Dajan 3,840 3,840 12,261 1,975 3,091 17,327
38 Kefar Menahem 290 290 1,272 1,272
Benei Beraq Urban
4 5,760 5,760 1,555 196 1,751 39 Kefar Sirkin 540 540 548 8 556
& Rural
5 Biyâr ‘Adas 300 300 5,232 109 151 5,492 40 Kefar Uriya 20 20 4,452 4,452
6 Fajja 1,200 370 1,570 3,215 1,580 124 4,919 41 Khalâyil, El 11,951 176 12,127
7 Gat Rimmon 490 490 706 29 735 42 Kharbatâ 650 650 7,118 2 7,120
Giv’at Hen (Irgun 43 Kharrûba 170 170 3,373 1 3,374
8 200 200 812 40 852
Ra’anana) 44 Kheima, El 190 190 5,038 112 5,150
9 Hadar 540 540 4,135 219 4,354 45 Khirbat Beit Fâr 300 300 5,457 147 5,604
10 Haram, El 520 360 880 2,681 4,745 639 8,065 Khirbat edh
46 100 100 1,341 1,341
Herzliya Urban & Dhuheirîya
11 4,650 4,650 8,464 793 9,257
Rural 47 Khirbat el Buweira 190 190 1,150 1,150
12 Holon Urban & Rural 3,280 3,280 376 7,722 1,814 9,912 48 Khirbat el Qubeiba 1,082 1,082
13 Jaffa Urban & Rural 66,310 28,000 94,310 11,752 1,375 4,383 17,510 49 Khirbat Musmâr 3,154 3,154
14 Jalîl el Qiblîya 470 210 680 8,692 5,980 535 15,207 50 Khirbat Zakarîya 4,538 4,538
15 Jalîl esh Shamâlîya 190 190 1,900 521 29 2,450 51 Khulda 280 280 9,349 112 9,461
16 Jammâsîn el Gharbî 1,080 1,080 529 714 122 1,365 52 Kunaiyisa, El 40 40 3,804 68 3,872
17 Jammâsîn esh Sharqi 730 730 286 54 18 358 53 Latrûn 190 190 7,724 134 518 8,376
18 Jarîsha 190 190 397 93 65 555 54 Lubban. El 340 340 9,852 2 9,854
19 Kafr ‘Ana 2,800 220 3,020 14,358 2,334 661 17,353 55 Lydda Rural & Urban 16,760 20 16,780 21,665 2,058 23,723
20 Kefar Gannim 1,720 1,720 2,868 232 3,100 Majdal Yâbâ (Majdal
56 1,520 1,520 25,066 596 970 26,632
21 Kefar Malal 960 960 2,099 143 2,242 es Sâdiq)
Kefar Sava Urban & 57 Mansûra, El 90 90 2,123 102 103 2,328
22 4,320 4,320 6,251 351 6,602
Rural Mazkeret Batyah
58 450 450 8,306 299 8,605
23 Kheirîya, El 1,420 1,420 7,182 5,842 648 13,672 (‘Eqron)
24 Magdiel 1,260 1,260 44 3,508 108 3,660 59 Midya, El 320 320 7,018 2 7,020
Mas’ûdîya, El 60 Mughâr, El 1,740 1,740 11,252 2,659 1,479 15,390
25 850 850
(Summeil) 61 Mukheizin, El 200 110 310 10,942 1,380 226 12,548
26 Miqve Yisrael 750 750 1,632 906 2,538 62 Muzeiri’a, El 1,160 1,160 9,042 1,450 330 10,822
27 Mirr, El (Mahmûdîya) 170 170 41 10 51 63 Na’âna (Ni’âna) 1,470 590 2,060 9,768 5,832 529 16,129
28 Muweilih, El 360 360 2,795 376 171 3,342 64 Nabî Rûbîn, En 1,420 1,420 30,994 8 31,002
Petah Tiqva Urban 65 Nahalat Yehuda 850 850 967 68 1,035
29 150 18,820 18,970 536 22,365 2,281 25,182
& Rural
66 Ni’lîn 1,420 1,420 15,868 7 15,875
30 Qiryat Shaul 90 90 219 19 238
67 Qatra 1,210 1,210 5,130 2,509 214 7,853
Ra’anana Urban &
31 3,290 3,290 5,354 353 5,707 68 Qazâza 940 940 14,272 4,557 18,829
Rural
Ramat Gan Urban 69 Qibya 1,250 1,250 16,485 19 16,504
32 10,200 10,200 821 4,566 744 6,131 70 Qubâb, El 1,980 1,980 12,668 861 389 13,918
& Rural
33 Ramat hash Sharon 770 770 1,737 126 1,863 71 Qubeiba, El 1,720 1,720 8,889 1,397 451 10,737
34 Ramatayim 1,480 1,480 2,109 121 2,230 72 Qûla 1,010 1,010 3,885 271 191 4,347
35 Rantîya 590 590 4,155 142 92 4,389 Ramle Er Rural &
73 15,160 15,160 38,456 185 2,111 40,752
36 Rishpon 280 280 33 2,060 173 2,266 Urban
37 Sâfirîya, Es 3,070 3,070 10,545 1,722 575 12,842 74 Rantîs 1,280 1,280 30,112 487 334 30,933
Salama/Giv’atayim/ Rehovot Urban &
38 6,730 6,670 13,400 6,088 2,146 383 8,617 75 20 10,000 10,020 18 15,282 850 16,150
Nahlat Yits-haq Rural
39 Sâqiya 1,100 610 1,710 5,151 1,901 412 7,464 Rishon le Zion Urban
76 8,100 8,100 203 23,747 8,936 32,886
& Rural
40 Sârôna Urban & Rural 150 150 4,039 188 325 4,552
77 Sajad 370 370 2,795 2,795
41 Sawâlima, Es 800 800 5,844 98 5,942
78 Salbît 510 510 6,105 6 6,111
42 Shefayim 430 430 104 1,899 89 2,092
79 Sarafand el ‘Amâr 1,950 1,950 9,223 761 3,283 13,267
Sheikh Muwannis,
43 1,930 1,930 11,456 3,545 971 15,972 80 Sarafand el Kharâb 1,040 1,040 3,545 1,611 347 5,503
Esh
44 Tel Aviv (Urban) 660 166,000 166,660 1,845 9,101 1,776 12,722 81 Seidûn 210 210 6,099 1,221 167 7,487
45 Wilhelma 240 240 8,989 519 9,508 82 Shabtîn 150 150 4,421 2 4,423
Yahûdîya, El 83 Shahma 280 280 5,165 220 1,490 6,875
46 5,650 150 5,800 17,499 1,135 1,906 20,540 84 Shiltâ 100 100 5,379 1 5,380
(‘Abbâsîya)
47 Yarqona 220 220 996 49 1,045 85 Shuqbâ 840 840 15,009 4 15,013
48 Yâzûr 4,030 4,030 9,742 1,428 637 11,807 86 Tina, Et 750 750 5,843 949 209 7,001
JAFFA DISTRICT 87 Tira, Et 1,290 1,290 6,706 250 6,956
109,700 264,100 373,800 177,354 129,439 28,573 335,366
TOTAL 88 Tirat Shalom 290 290 269 389 36 694
Abû el Fadl (Es 89 Umm Kalkha 60 60 1,233 96 76 1,405
1 4,290 4,290 2,717 153 2,870
Sautarîya)
Wâdi Hunein / (Nes
2 Abû Shûsha 870 870 2,896 6,337 192 9,425 90 1,620 1,760 3,380 1,998 3,211 192 5,401
Tsiyona)
3 ‘Aqir 2,480 2,480 11,322 3,222 1,281 15,825 91 Yâlû 1,220 1,220 14,985 7 14,992
4 Barfîliya 730 730 7,130 4 7,134 92 Yibna 5,420 5,420 37,919 2,845 18,790 59,554
5 Barrîya, El 510 510 2,758 73 2,831 Zarnûqa and
93 2,380 2,240 4,620 5,640 5,413 428 11,481
6 Bash-shît 1,620 1,620 18,538 15 18,553 Gibbeton
7 Beer Ya’aqov 450 450 1,813 63 1,876 RAMLE DISTRICT
97,850 29,420 127,270 686,056 122,159 61,977 870,192
Beit Hanan and TOTAL
8 690 690 3,666 174 3,840 1 Abû Qashsh 300 300 4,749 2 4,751
Neta’im
9 Beit Jîz 550 550 8,202 155 8,357 2 Abû Shukheidim 250 250 1,427 3 1,430
10 Beit Nabâlâ 2,310 2,310 14,427 624 15,051 3 ‘Abûd 1,080 1,080 15,000 7 15,007
Beit Nûbâ and 4 ‘Abwein (‘Ibwein) 880 880 16,199 6 16,205
11 1,240 1,240 11,383 18 11,401
‘Ajanjûl 5 ‘Ajjûl 350 350 6,636 3 6,639
12 Beit ‘Oved 550 550 30 5,021 144 5,195 6 Arûra 660 660 10,974 4 10,978
13 Beit Shannâ 210 210 3,617 3,617 7 Atâra 690 690 9,521 24 9,545
14 Beit Sûsîn 210 210 5,453 1,028 6,481 8 Beit Liqyâ 1,040 1,040 14,350 8 14,358
15 Ben Shemen 930 930 2,094 82 2,176 9 Beit Rîmâ 930 930 9,454 6 9,460
16 Bil’în 210 210 3,991 1 3,992 10 Beit Sîrâ 540 540 4,684 3 4,687
17 Bîr Ma’în 510 510 9,317 2 9,319 11 Beit ‘Ur el Fauqâ 210 210 3,762 51 5 3,818
18 Bîr Sâlim 410 410 3,288 113 3,401 12 Beit ‘Ur et Tahtâ 710 710 4,599 20 4,619
35
P a r t I : G e n e r a l R e v i e w
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
13 Beitillû 490 490 12,395 1,014 13,409 38 Deir Yâsîn 610 610 2,701 153 3 2,857
14 Beitîn 690 690 4,748 16 4,764 39 Deirabân 2,100 2,100 21,578 376 780 22,734
15 Beitûniyâ 1,490 1,490 22,797 95 474 23,366 40 Duyûk 730 730 21,332 21,332
16 Bîr Zeit 1,560 1,560 14,077 11 14,088 41 ‘Ein Kârim 3,180 3,180 13,449 1,362 218 15,029
17 Bîra, El Urban & Rural 2,920 2,920 22,406 606 23,012 42 ‘Eizarîya, El 1,060 1,060 11,046 133 11,179
18 Burhâm 150 150 1,588 1 1,589 43 Har Tuv 80 80 45 4,547 157 4,749
19 Burqa 380 380 5,997 4 6,001 44 Hizmâ 750 750 9,276 1,022 140 10,438
20 Deir Abû Mash’al 510 510 8,201 577 8,778 45 Hûsân 770 770 7,247 5 7,252
21 Deir ‘Ammâr 350 350 7,187 2 7,189 46 Isawîya 730 730 10,108 235 74 10,417
22 Deir Dibwân 2,080 2,080 73,318 14 73,332 47 Ishwâ’ 620 620 5,456 66 5,522
23 Deir es Sûdân 280 280 4,497 1 4,498 48 ‘Islîn 260 260 2,157 2 2,159
24 Deir Ghassâna 880 880 12,795 7 12,802 49 aba’ 350 350 13,405 2 13,407
25 Deir Ibzî’ 410 410 14,282 3 14,285 50 Jarash 190 190 3,517 1 3,518
26 Deir Jarîr 1,080 1,080 33,155 6 33,161 51 Jericho 2,840 170 3,010 6,979 30,502 37,481
27 Deir Nidhâm 190 190 1,936 2 1,938 Jerusalem Rural &
52 60,080 97,000 157,080 11,420 5,452 3,918 20,790
28 Dûrâ el Qar’ 370 370 4,123 43 4,166 Urban
29 ‘Ein ‘Arîk 610 610 5,930 4 5,934 53 Jîb, El 830 830 8,067 129 9 8,205
30 ‘Ein Qîniyâ 100 100 2,492 2 2,494 54 Judeira 190 190 2,007 36 1 2,044
31 ‘Ein Sîniya 330 330 2,724 67 2,791 55 Jûra, El 420 420 3,909 247 2 4,158
32 ‘Ein Yabrûd 930 930 11,468 20 11,488 56 Kafr ‘Aqab 290 290 5,437 5 30 5,472
33 Jammâla 200 200 7,168 2 7,170 57 Kasla 280 280 8,001 3 8,004
34 Jâniya, El 300 300 7,562 3 7,565 58 Khadr, El 1,130 1,130 19,734 218 143 20,095
35 Jîbiyâ 90 90 1,665 1 1,666 59 Khân el Ahmar 16,380 16,380
36 Jifnâ 910 910 5,939 76 6,015 60 Khirbat el Lauz 450 450 4,495 7 4,502
37 Jiljilîya 280 280 7,280 3 7,283 61 Khirbat el ‘Umûr 270 270 3,725 436 2 4,163
38 Kafr ‘Ein 550 550 7,141 4 7,145 62 Khirbat Ismallah 20 20 568 568
39 Kafr Mâlik 1,100 1,100 52,185 11 52,196 63 Liftâ 2,550 2,550 7,780 756 207 8,743
40 Kafr Ni’ma 780 780 10,281 5 10,286 64 Mâliha, El 1,940 1,940 5,798 922 108 6,828
41 Kaubar 610 610 9,675 3 9,678 65 Mukhmâs 540 540 13,474 5 13,479
42 Khirbat Abû Falâh 710 710 8,180 6 8,186 Nabî Mûsâ and
66 Palestine Potash 1,380 1,270 2,650 39,226 65 82,957 122,248
43 Khirbat el Misbâh 600 600 4,436 2 4,438 Concession (North)
44 Mazari’en Nûbânî 1,090 1,090 9,626 5 9,631 67 Nabî Samwîl, En 200 200 1,592 556 2 2,150
45 Mazra’a el Qiblîya, 860 860 13,235 5 13,240 68 Nahhâlîn 620 620 16,144 1,116 9 17,269
Mazra’a esh 69 Natâf 40 40 1,401 1,401
46 1,400 1,400 16,261 72 16,333
Sharqîya,
70 Neve Ya’aqov 190 190 472 17 489
47 Nabî Sâlih, En 170 170 2,797 49 2,846
71 Nu’eima 240 240 52,610 6 52,616
48 Qarâwat Banî Zeid 500 500 5,097 3 5,100
72 Qabû, El 260 260 3,801 5 3,806
Râmallah Urban &
49 5,080 5,080 16,344 216 16,560 73 Qalandiya 190 190 2,388 1,055 497 3,940
Rural
50 Rammûn 970 970 30,039 4 30,043 74 Qâlûniya and Motsa 910 350 1,260 3,594 1,084 166 4,844
51 Râs Karkar 340 340 5,882 1 5,883 Qaryat el ‘Inab (Abû
75 860 860 6,435 818 337 7,590
Ghôsh)
52 Saffâ 790 790 9,594 8 9,602
76 Qastal, El 90 90 1,415 7 24 1,446
53 Silwâd 1,910 1,910 18,792 88 18,880
77 Qatanna 1,150 1,150 9,453 11 9,464
54 Sinjil 1,320 1,320 14,075 111 14,186
Qiryat ‘Anavim and
55 Surda 250 250 3,721 5 3,726 78 610 610 3,498 71 3,569
Ma’ale
56 Taiyiba, Et 1,330 1,330 20,204 27 20,231 79 Qubeiba, El 420 420 3,181 3 3,184
57 Tira, Et 330 330 3,965 3 3,968 80 Râfât 280 280 3,773 4 3,777
58 Turmus ‘Aiya 960 960 17,606 5 17,611 81 Râm, Er 350 350 5,110 449 39 5,598
Umm Safâ (Kafr 82 Ramat Rahel 370 370 36 109 145
59 110 110 3,853 230 4,083
Ishwa’)
83 Râs Abû ‘Ammâr 620 620 8,313 29 8,342
60 Yabrûd 300 300 2,430 1 2,431
84 Sar’a 340 340 4,964 3 4,967
RAMALLAH DISTRICT
47,280 47,280 682,504 146 3,914 686,564 85 Sârîs 560 560 10,427 132 140 10,699
TOTAL
1 Abû Dîs 1,940 1,940 27,869 339 24 28,232 86 Sâtâf 540 540 3,769 6 3,775
2 ‘Allar 440 440 12,353 3 12,356 87 Sharafât 210 210 1,962 12 1,974
3 Anâtâ 540 540 18,496 339 11,893 30,728 88 Shu’fât 760 760 4,929 186 100 5,215
4 ‘Aqqûr 40 40 5,444 78 5,522 89 Silwân 3,820 3,820 4,483 436 502 5,421
5 ‘Arab er Rashâyida 159,145 159,145 90 Sûbâ 620 620 4,082 15 5 4,102
6 ‘Arab es Sawâhira 67,114 54 67,168 91 Suflâ 60 60 714 1,347 2,061
7 ‘Arab et Ta’âmira 209,888 209,888 Sûr Bâhir and Umm
92 2,450 2,450 8,915 540 16 9,471
Tûbâ
8 ‘Arab Ibn ‘Ubeid 7,070 7,070 90,831 1,195 92,026
93 Tûr, Et 2,770 2,770 8,631 73 104 8,808
9 Artâs 800 800 4,276 28 4,304
94 Wâdî Fûkîn 280 280 9,927 1 9,928
10 ‘Artûf 350 350 401 2 403
95 Walaja, El 1,650 1,650 17,507 35 166 17,708
11 ‘Atarot 160 160 433 68 501
JERUSALEM DISTRICT
‘Auja, El, ‘Arab el 147,750 100,200 247,950 1,388,854 33,401 148,530 1,570,785
TOTAL
Nuseirât, ‘Arab el
12 Ka’âbina, ‘Arab el 1,390 1,390 106,946 106,946 1 ‘Abasân 2,230 2,230 15,780 304 16,084
‘Ureinât and ‘Arab es 2 Abû Middein 7,080 1,741 8,821
Sa’âyida 3 ‘Arab Sukreir 920 920 12,270 27,954 40,224
13 Battîr 1,050 1,050 7,416 533 79 8,028 4 Banî Suheila 3,220 3,220 10,829 299 11,128
14 Beit Duqqû 420 420 5,383 10 5,393 5 Barbara 2,410 2,410 13,477 501 13,978
15 Beit Fajjâr 1,480 1,480 17,287 5 17,292 6 Barqâ 890 890 4,841 226 139 5,206
16 Beit Hanînâ 1,590 1,590 14,948 805 86 15,839 7 Batâni Gharbî 980 980 4,475 99 4,574
17 Beit Ijzâ 70 70 2,361 188 1 2,550 8 Batânî Sharqî 650 650 5,531 70 163 5,764
18 Beit Iksâ 1,410 1,410 8,179 1,073 21 9,273 9 Beer Tuvya 690 690 3,562 161 3,723
19 Beit I’nân 820 820 10,097 8 10,105 10 Beit ‘Affa 700 700 5,707 101 5,808
20 Beit ‘Itâb 540 540 5,447 3,310 8,757 11 Beit Darâs 2,750 2,750 15,896 461 16,357
Beit Jala Urban & 12 Beit Hânûn 1,680 50 1,730 16,051 1,917 2,057 20,025
21 3,710 3,710 13,595 397 52 14,044
Rural
13 Beit Jirjâ 940 940 8,015 116 350 8,481
22 Beit Jimâl 240 240 4,799 79 4,878
14 Beit Lahiya 1,700 1,700 17,641 20,735 38,376
23 Beit Mahsîr 2,400 2,400 15,428 840 16,268
15 Beit Tîmâ 1,060 1,060 10,753 279 11,032
24 Beit Naqqûbâ 240 240 1,958 951 70 2,979
16 Bi’l’în and Ard el Ishra 180 180 7,415 294 327 8,036
25 Beit Safâfâ 1,410 1,410 2,814 391 109 3,314
17 Bureir 2,740 2,740 44,220 618 1,346 46,184
Beit Sâhûr Urban &
26 2,770 2,770 6,665 381 38 7,084 18 Deir el Balah 2,560 2,560 13,043 262 1,430 14,735
Rural
27 Beit Surik 480 480 6,879 63 7 6,949 19 Deir Suneid 730 730 5,089 483 509 6,081
28 Beit Thûl 260 260 4,205 421 3 4,629 20 Dimra 520 520 8,257 235 8,492
29 Beit Umm el Meîs 70 70 1,013 1,013 21 Fâlûja, El 4,670 4,670 37,252 786 38,038
Bethlehem Urban & Gan Yavne and Kefar
30 8,820 8,820 31,030 208 255 31,493 22 610 610 665 4,476 219 5,360
Rural Bitsaron
31 Biddû 520 520 5,339 50 3 5,392 23 Gaza Urban & Rural 34,170 80 34,250 151,023 6,537 13,256 170,816
32 Bîr Nabâlâ 590 590 2,455 233 4 2,692 24 Hamâma 5,010 60 5,070 26,855 1,693 12,818 41,366
33 Bureij 720 720 18,856 224 19,080 25 Hatta 970 970 5,193 112 5,305
34 Deir ‘Amr 10 10 3,072 3,072 26 Hirbiyâ 2,240 60 2,300 12,987 1,226 8,099 22,312
35 Deir el Hawâ 60 60 4,660 1,247 5,907 27 Hûj and Dorot 810 230 1,040 16,741 4,236 1,011 21,988
36 Deir esh Sheikh 220 220 1,366 5,415 6,781 28 Huleiqât 420 420 6,902 161 7,063
37 Deir Râfât 430 430 12,966 276 13,242 29 ‘Ibdis 540 540 4,493 100 4,593
36
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.10: The Full Text of Village Statistics 1945 by Village/Town and (Sub)-District, Continued
Count
Name Name
Arabs 45 Jews 45 Total Arab Jewish Public Total Arabs 45 Jews 45 Total Arab Jewish Public Total
‘Irâq el Manshîya 11 Al Sani/Najamat 1,763 1,763
30 2,010 210 2,220 13,838 3,468 595 17,901
and Gat 12 Al Soufi/Najamat 1,472 1,472
31 ‘Irâq Suweidân 660 660 7,380 149 7,529 13 Abu Athera/Najamat 1,145 1,145
32 Isdûd 4,620 290 4,910 32,905 2,487 12,479 47,871 14 Abu Sousain/Najamat 1,009 1,009
33 Jabâliya 3,520 3,520 2,476 9,021 11,497 15 Al Ksar/Najamat 1,509 1,509
34 Jaladîya 360 360 1 4,328 4,329 Abu Suhaiban/
16 3,850 3,850
35 Jiya, El 1,230 1,230 8,274 232 8,506 Najamat
36 Jûlis 1,030 1,030 13,225 359 13,584 17 Abu Sitteh/Ghawali 1,100 1,100
37 Jûra, El 2,420 2,420 10,705 1,519 12,224 Abu Al Hussain/
18 1,405 1,405
38 Juseir 1,180 1,180 12,015 346 12,361 Ghawali
39 Karatiyâ 1,370 1,370 13,346 363 13,709 Abu Shalhoub/
19 429 429
Ghawali
40 Kaufakha 500 500 87 8,482 8,569
20 Abu Khatleh/Ghawali 329 329
41 Kaukaba 680 680 8,386 156 8,542
21 Abu Bakrah/Ghawali 168 168
42 Kefar Warburg 260 260 247 1,605 42 1,894
22 Abu Amrah/Ghawali 774 774
Khân Yûnis Urban
43 11,220 11,220 28,691 27,431 56,122 23 Al Zraiye/Ghawali 3,949 3,949
& Rural
44 Khirbat Ikhzâ’a 990 990 7,995 184 8,179 24 Al Omour/Ghawali 614 614
45 Khirbat Khisâs 150 150 3,300 2,969 6,269 25 Nabaat/Nabaat 2,353 2,353
Majdal, El Urban & 26 Wuhaidat Tarabin 784 784
46 9,910 9,910 41,430 2,250 43,680
Rural 27 Abu Muailiq/Hasanat 816 816
47 Masmîya el Kabîra, El 2,520 2,520 19,850 229 608 20,687 28 Abu Ghalion/Jarawin 1,631 1,631
Masmîya es Saghîra, 29 Abu Yehya/Jarawin 1,259 1,259
48 530 530 6,340 138 6,478
El 30 Abu Suailiq/Jarawin 937 937
49 Muharraqa, El 580 580 12 4,843 4,855 31 Qilai A
50 Najd 620 620 12,669 495 412 13,576 TARABIN TOTAL 27,296 30 27,326 1,361,975 500 1,362,475
51 Nazla 1,330 1,330 2,515 1,995 4,510 32 Mohamediyeen 3,329 3,329
52 Negba 280 280 2,603 2,627 146 5,376 33 Subhiyeen 2,672 2,672
53 Ni’ilyâ 1,310 1,310 4,929 304 5,233 34 Subaihat 379 379
54 Nuseirât 9,913 512 10,425 35 Zarabeh 719 719
55 Qastîna 890 890 8,438 3,135 446 12,019 36 Faraheen 838 838
56 Rafah 2,220 2,220 275 40,304 40,579 37 Masoudiyeen 1,552 1,552
57 Sawâfîr el Gharbîya 1,030 1,030 7,307 216 7,523 38 Usaiyat 1,147 1,147
Sawâfîr esh 39 Sawakhneh 1,919 1,919
58 680 680 5,166 450 245 5,861
Shamâlîya
40 Mureiat 659 659
59 Sawâfîr esh Sharqîya 970 970 13,200 103 528 13,831
41 Saraheen 1,333 1,333
60 Sumeirî 2,572 1,261 3,833
AZAZEMA TOTAL 14,547 120 14,667 5,634,490 63,231 5,697,721
61 Summeil 950 950 16,261 2,620 423 19,304
42 Al Huzaiyil/Hkuk 1,091 1,091
62 Sumsum 1,290 70 1,360 12,671 3,386 740 16,797
43 Al Assad/Hkuk 293 293
63 Tell et Turmus 760 760 11,199 68 241 11,508
44 Abu Abdoun/Hkuk 391 391
64 Yâsûr 1,070 1,070 13,102 2,871 417 16,390
45 Al Buraiqi/Hkuk 932 932
GAZA DISTRICT
134,290 2,890 137,180 841,804 49,260 220,437 1,111,501 46 Beli/Beli 501 501
TOTAL
‘Ajjûr, (includes 47 Abu Libbeh/Alamat 1,195 1,195
1 3,730 3,730 44,771 13,303 58,074
Khirbat ‘Ammûriya) 48 Abu Jugaim/Alamat 563 563
‘Arab el Jahhâlîn: 49 Abu Shunnar/Alamat 1,249 1,249
Dawâhîk, Ed,
2 2,000 2,000 478,058 38,942 517,000 50 Shlalyeen/Shlalyeen 1,297 1,297
Dhalâmât, Edh,
Sarâyi’a, Es 51 Abu Rqayiq/Qdeirat 1,185 1,185
3 Banî Na’îm 2,160 2,160 71,624 35 8 71,667 52 Al Sani/Qdeirat 1,074 1,074
4 Barqûsiyâ 330 330 3,214 2 3,216 53 Abu Kaff/Qdeirat 1,091 1,091
5 Beit Aulâ 1,310 1,310 24,033 12 24,045 54 Al Asam/Qdeirat 2,514 2,514
6 Beit Jibrîn 2,430 2,430 54,962 1,008 215 56,185 55 Abu Rbai’a/Zullam 1,725 1,725
7 Beit Kâhil 570 570 5,611 184 5,795 56 Abu Juwayed/Zullam 1,068 1,068
8 Beit Natîff 2,150 2,150 32,762 11,825 44,587 57 Abu Grainat/Zullam 1,180 1,180
9 Beit Ummar 1,600 80 1,680 28,233 567 1,329 30,129 Masamereh/
58 461 461
Ramadeen
10 Dawâyima, Ed 3,710 3,710 60,560 25 60,585
59 Sho’our/Ramadeen 449 449
11 Deir ed Dubbân 730 730 7,777 7 7,784
Beni Okbeh/Beni
12 Deir Nakh-khâs 600 600 8,923 5,553 14,476 60 241 241
Okbeh
13 Dhâhirîya, Edh 3,760 3,760 120,452 402 120,854 61 Atawneh/Ntoush 1,810 1,810
14 Dûra 9,700 9,700 240,685 19 240,704 62 Rawashdeh 374 374
15 Halhûl 3,380 3,380 37,324 10 37,334 63 Bdinat 535 535
16 Hebron Urban & Rural 24,560 24,560 74,407 64 1,171 75,642 64 Urour 486 486
17 Idna 2,190 2,190 33,986 16 34,002 65 GalazinTayaha 275 275
18 Jab’a, El 210 210 5,593 1,751 1 7,345 66 Janabib/Zullam 370 370
19 Kharâs 970 970 6,777 4 6,781 67 Gatatweh 843 843
20 Khirbat Jamrûra 3,707 3,707 TAYAHA TOTAL 23,196 30 23,226 2,084,325 1,500 2,085,825
21 Khirbat Umm Burj 140 140 13,079 4 13,083 68 Abu Middain 2,379 2,379
22 Kidnâ 450 450 11,607 4,137 15,744 69 Al Dhawahreh 773 773
23 Mughallis 540 540 11,286 173 11,459 70 Al Smeeri 1,259 1,259
24 Nûba 760 760 22,831 5 22,836 71 Nseirat 1,851 1,851
25 Qubeiba, El 1,060 1,060 11,801 111 11,912 HANAJREH TOTAL 6,261 6,261 78,325 78,325
26 Ra’nâ 190 190 6,923 2 6,925 72 Abu Jaber 674 674
27 Rîhîya, Er 330 330 2,655 4 2,659 Abu Al Udous/
28 Samû’, Es 2,520 2,520 138,854 18 138,872 73 915 915
Irteimat
29 Shuyûkh, Esh 1,240 1,240 22,088 3 22,091 74 Al Fukara/Irteimat 655 655
30 Si’’îr 2,710 2,710 92,417 6 92,423 75 Thabet/Galazin 510 510
31 Sûrîf 2,190 2,190 38,550 314 12 38,876 76 Bin Sabbah/Hasanat 379 379
32 Taffûh 780 780 12,100 3 12,103 77 Bin Ajlan/Amarin 1,043 1,043
33 Tarqûmiya 1,550 1,550 20,718 470 21,188 78 Wuhaidat Jabarat 474 474
34 Tell es Sâf î 1,290 1,290 27,794 1,120 11 28,925 79 Al Nuwairi/Saadneh 225 225
35 Yatta 5,260 5,260 174,136 36 174,172 80 Abu Jraiban/Saadneh 345 345
36 Zakarîyâ 1,180 1,180 15,311 9 15,320 81 Al Diqs/Al Diqs 1,016 1,016
37 Zeitâ 330 330 3,127 1,273 6,090 10,490 82 Bin Rifee/Sawarkeh 811 811
38 Zikrîn 960 960 17,186 9 17,195 83 Wulaydeh 226 226
HEBRON DISTRICT 84 Abu Rawwaa 189 189
89,570 80 89,650 1,985,922 6,132 84,131 2,076,185
TOTAL JBARAT TOTAL 7,463 7,463 379,175 379,175
1 Imara al PS 38 38 85 Hamayteh 258 258
2 Jammama PS 38 38 86 Rummamneh 228 228
3 Asluj PS 38 38 87 Mathakeer 313 313
4 Awja Hafir PS 38 38 88 Rawaytheh 282 282
5 Kurnub PS 38 38 SAIDIYEEN TOTAL 1,081 1,081 1,238,375 1,238,375
6 Zuwaira al PS 38 38 EHEWAT TOTAL 989 989 1,732,825 1,732,825
7 Ghamr PS 38 38 BEERSHEBA DISTRICT
8 Um Rashrash 38 38 86,497 180 86,677 12,509,490 65,231 2,279 12,577,000
TOTAL
9 Khalasah al PS 38 38
GRAND TOTAL 1,243,867 552,670 1,796,537 23,339,643 1,491,699 1,491,657 26,322,999
10 Beersheba 5,323 5,323 2,279 2,279
37
P a r t I : G e n e r a l R e v i e w
Table 2.11: Average Figures for Population and Land towns, the share of an Arab in the town’s land was
5.33 donums/person, while the share of a Jew in
Population Land (donums) a Jewish town was only one tenth of that, i.e. 0.56
Item Number donum/person.
Arabs 45 Jews 45 Total Arab Jewish Public Total
Mixed Towns 34,430 45,258 79,688 8,191 10,286 5,337 23,814 4
The 793 Arab Palestinian villages had an average
Arab Towns 12,588 3,953 13,906 55,895 2,597 9,530 67,060 27 land area of 13,741 donums, but the maximum could
Jewish Towns 213 28,970 29,076 872 13,198 2,153 16,113 8 reach 517,000 donums. The larger village areas
Arab Villages 898 341 916 11,796 1,999 1,468 13,741 793 tended to be in the eastern half of Palestine adja-
Jewish Villages 357 561 581 321 4,320 252 4,648 163 cent to the Jordan river and in the south, in Nablus,
All Localities 1,450 2,444 1,794 12,303 3,108 1,518 13,758 995
Jerusalem, Hebron and Beer Sheba districts. The
average population was 916 persons per village.
Note: Localities are classified by town and village, excluding Beer Sheba District. ‘Town’ is assumed arbitrarily By contrast, the 163 Jewish villages or expanded
over 5,000 population. Designation of Arab and Jewish follows recognized name in the British Mandate ‘Village colonies had a much smaller area, an average of
Statistics 1945’ from which all figures are calculated. Definition of Mixed Towns (Jerusalem, Haifa, Safad, Tiberias)
is arbitrary. Total number of Village / Town boundary divisions is 999, excluding Beer Sheba. The four unaccounted- 4,620 donums, but 32 percent of all Jewish localities
for units are two lakes, Hula Concession and one combined village. (towns and villages) were less than 2,000 donums
in area. Forty-three percent were less than 3,000
donums. Jewish village land areas were extracted
Characteristics of Palestinian and Jewish Statistics. The Beer Sheba district was excluded from the Arab Palestinian village land, as can be
Towns and Villages because Jewish presence and ownership was seen by comparing the maps during the Mandate’s
insignificant.147 If included, averages would weigh three decades. As stated before, when a Jewish
For convenience of this discussion, the population heavily on the side of Palestinian villages. For the colonization organization acquired a piece of land
centres in Palestine are divided into two main cat- 4 mixed towns, the Jewish population slightly ex- in an Arab Palestinian village, it attempted to ac-
egories: (a) towns or urban centres for population ceeds half the population (56 percent) on average. quire a little more land, sufficient to convince the
in excess of 5,000 (1945 figures); and, (b) villages Similarly, the Jewish land is 56 percent of both British Mandate to declare the colony a separate
for population less than 5,000. Towns are further Jewish and Arab land in the town. The 27 Arab Jewish village, although it was much smaller in
divided into three types: Palestinian (27), Jewish Palestinian towns have an average land area of area and population. Hence the number of Jewish-
(8) and mixed (4) (Jerusalem, Haifa, Safad and 67,000 donums, predominantly Arab-owned (95 designated villages as compared to the number
Tiberias). Villages are divided into Palestinian percent). Jewish-ownership (5 percent) is found in of the Arab Palestinian villages does not reflect
and Jewish (colonies). The British classification 17 of 27 towns. The 8 Jewish towns have a much proportionately their relative size or population. The
of ‘Arabs’ and ‘Jews’ is used. The word ‘Public’ smaller land area of 16,000 donums with a small averages of all localities in Palestine therefore reflect
land usually belongs to the group owning all or degree of Arab-ownership (7 percent), slightly more closely the Arab Palestinian villages (13,758
the larger portion of village land. (See Public Land, higher than the opposite case. While the average compared to 13,741 donums respectively).
Section 2.6.) Palestinian town had a population of about 14,000
with a significant Jewish minority, Jewish towns Classification of Villages
Table 2.11 shows simple averages in population had more than double this population, at about
and land for each category extracted from Village 30,000, with a tiny Arab minority. In Palestinian Villages and towns are classified according to the
following: (a) Ethnicity, and (b) Capital or non-cap-
ital. (The explanation of this classification is given
Table 2.12: Classification Codes of the Villages/Towns in Table 2.12). Of the 1,304 towns and villages in
Palestine, only 185 were Jewish. See Table 2.13.
Ethnic Code Capital Code This small number has even less significance as
1 Palestinian 1 Main village (capital) both their population and land area are much less
2 Jewish 2 Non Capital than the average figures as seen in Table 2.11. There
were 4 mixed towns in which the Jewish popula-
3 Mixed 3 Virtual Capital (if no village exists)
tion was just over half the population. The largest
4 Neutral 4 Unidentified
number of Jewish villages or colonies were located
in the coastal plain, Marj ibn ‘Amer and around
Tiberias and the Jordan River, where Jewish land
Table 2.13: Summary of Village Classification by District for all Palestine
was located. While Jewish villages had mostly one
colony per village land, over 20 percent of village
S. District Capital Code P-J (Ethnic)
lands had other villages beside the main (capital)
No. Name 1 2 3 4 Total 1 2 3 4 Total village indicating wider distribution of population.
1 Safad 84 18 2 2 106 91 12 1 2 106 Map 2.7 shows the Palestinian and Jewish owner-
2 Acre 52 15 67 65 2 67 ship of land by village according to Village Statistics.
3 Haifa 82 29 111 74 36 1 111 Map 2.8 shows the population (Palestinian Arabs
4 Tiberias 44 7 51 31 19 1 51 or Jews) of all Palestine. Map 2.9 shows the same
for all villages whether capitals or not.
5 Nazareth 43 3 1 47 29 18 47
6 Beisan 40 10 2 52 35 17 52
7 Jenin 59 2 61 61 61
8 Tulkarm 92 6 7 105 73 32 105 2.5 Land in Jewish
9
10
Nablus
Jaffa
90
48
90
48
90
26 22
90
48
Possession
11 Ramle 92 3 1 96 79 17 96 The beginning of Jewish colonization in Palestine
witnessed the establishment of Jewish, not neces-
12 Ramallah 60 60 60 60
sarily Zionist, settlements. Thanks to the generous
13 Jerusalem 95 1 96 90 5 1 96
contribution of Baron Edmund de Rothschilde,
14 Gaza 64 3 67 62 5 67 medium-sized and large plantations were bought
15 Hebron 37 1 1 39 39 39 in Palestine. Rothschilde (1845-1934) contributed
16 Beer Sheba 88 120 208 208 208 a considerable amount of money, Palestinian
TOTAL 1,070 218 14 2 1,304 1,113 185 4 2 1,304 Pounds (£P) 15,000,000 148 , the equivalent of
147 In anticipation of the partitioning of Palestine, the Zionist move- terms of land ownership, it is estimated they controlled 65,000 Arab Palestinian-owned and inhabited.
ment erected six military posts which had 30 armed men each. donums out of 12,577,000 donums, the district area, or 0.5 148 Survey of Palestine, Vol. 1, supra note 3, p. 374.
Thus Jews constituted about 0.2 percent of the population. In percent of the land. The Beer Sheba district was essentially
38
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Map 2.7: Land Ownership by Town/Village according to Village Map 2.9: Population Composition of Localities as designated by
Statistics (1945) Village Statistics (1945) with addition of Non-Capitals
39
P a r t I : G e n e r a l R e v i e w
Table 2.14: Comparison of Jewish Holdings at 1944 end from Various Sources Mixed Farming in Palestine”- a plan based on
data from the German colonies. This plan formed
Reference Weitz Weitz a basis for modern Zionist agricultural settle-
Stein JA SOP Comments
Table Map ment”.150
Land Area 1 2 3 4 5 6
Raw Figure 1,382,025 1,731,300 1,577,365 1,732,628 1,904,964 An agricultural school, Mikve Israel, (Hope of
Concession - 174,600 - 175,792 175,088 Israel), was established by a French Jew in 1870,
Net after Concession 1,382,025 1,556,700 1,577,365 1,556,836 1,729,876
near Jaffa. Jerusalem Jews established Petah
Tikvah (Gateway of Hope) in 1878 on Mulabbas
JA (1919):
Pre 1920 454,860 519,687 650,000 n.a. n.a. figure interpolated village land. The venture failed and was aban-
JA (1922)=594,000 doned but was later revived. In 1882, Safad Jews
During Mandate established Rosh Pinnah (the Cornerstone) near
Net after (pre 1920) 927,165 1,037,013 927,365 n.a. n.a. 927,165 (1944), al-Ja’una village. Russian Jews established Rishon
938,365 (1945)
le-Zion (First in Zion) south east of Jaffa on Uyun
Adding Stein’s (pre 1920) 1,382,025 1,491,873 1,382,225 1,556,836 1,729,876
Qara village land. Roumanian Jews established
58,256 Zikhron Ya’aqov (Memorial to Jacob Rothschilde)
Share in a Common Land - - 58,256 58,256
(est)
on the land of Zamarin village. Russian Reuben
Net after Common Land 1,382,025 1,433,617 1,382,225 1,498,580 1,671,620
Lehrer established Nes Ziona (new Zion) on Wadi
Excess -200 -51,392 0 116,355 289,395 excluding Common land
Hunein land. Before the end of the nineteenth cen-
Claimed over SOP 174,611 347,651 including Common land tury, Rehoboth (Rehevot) colony was established
Excess claimed over Village 6,881 179,921 excluding Common land on Deiran land. Other colonies were built on lands
Statistics (April 45)
1,491,699 65,137 238,177 including Common land of Katrah and Qastina villages. In the first two
adding 1945, 1946 decades of the twentieth century, several other
Final figure 1947 1,429,062
11,506 + 35,331 = 46,837 colonies/farms were established.151
149 The Templers, a (mostly-German) religious order, set up a colony War. The Mandate government encouraged by Zionist officials in Syria, 1869-1873. Roger Owen (ed.) New Perspectives on
in Haifa in 1869. Some years later, they purchased land in al-Tira made the decision to remove the Germans from Palestine be- Property and Land in the Middle East. Cambridge, MA: Harvard
(Haifa sub-district), and near Jaffa. At the time it was an impor- ing ‘an enemy’. They were carted away by train from Haifa to Center for Middle Eastern Studies, 2000, pp. 175-239.
tant port. Thereafter, Sarona, Wilhelma and Waldheim colonies Alexandria and by boat to Europe. Israel state expelled them; 153 al-Kayyali, supra note 25, pp. 48-54.
were established. Although the French, Russian, American and they moved to Cyprus and Australia. Under pressures Israel 154 The Zionist Organization was founded by Theodor Herzl at the
other religious orders or societies have set up their missionary paid them some compensation for their confiscated property. First Zionist Congress in Basle, 1897. The goals of the organi-
centres, hospices or colonies, the German colonies stand out, 150 Naftali Thalmann, “Introducing Modern Agriculture into the zation were set forth in the Basle Program: “Zionism seeks to
being model farms, dedicated to improved agriculture. The Nineteenth Century Palestine: The German Templers,” in Ruth establish a home for the Jewish people in Palestine, secured
Templers were efficient, peaceful and friendly; although aloof Kark (ed.) The Land That Became Israel, Studies in Historical under public law.”
to their Palestinian neighbours, save for minor clashes due to Geography. New Haven: Yale University Press, 1991, p. 103. 155 Lehn and Davis, supra note 151, p. 24.
the inevitable cultural differences. Moreover they had no grand 151 Walter Lehn and Uri Davis, The Jewish National Fund. London: 156 Ibid., pp. 26-29 and 30-31.
designs to rule or dominate the country. Their presence came Kegan Paul International, 1988, pp. 7-10. 157 Ibid., p. 10.
to an abrupt end after the defeat of Germany in the First World 152 Abdel Karim Rafeq, Ownership of Real Property by Foreigners
40
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.16: Tabled and Measured Areas of Map by J. Weitz and Z. Lifshitz as at Mandate government for officially-registered
December 1944 Jewish-owned land but with the area owned be-
Full Shared Concession Mixed fore 1920 (650,000 donum in the Turkish period)
District Sub District Total
1+4 2+5 3+6 7 assumed to be “generally accepted”.163 Columns
Safad 113,795 23,623 40,753 2,478 180,649 4 and 5 are derived from the map prepared by
Acre 24,378 4,119 250 - 28,747 J. Weitz and Z. Lifshitz on behalf of the Jewish
Tiberias 177,470 4,736 - - 182,206 Agency as on December 31, 1944. Column 4
Nazareth 152,697 200 - - 152,897 gives the figures stated in the table on the map.
Baysan 143,404 69 - - 143,473 Column 5 gives the areas measured by the author
Galilee Sub-total 611,744 32,747 41,003 2,478 687,972 from the map.
Haifa Haifa 355,016 4,800 42,174 47,957 449,947
Jenin 5,872 3,756 - - 9,628 The area of Concessions is deducted as this is
Tulkarm 152,728 4,736 - 10,092 167,556 leased land, not owned. The land assumed to
Nablus - - - - 0 be acquired during the Turkish period is also
Samaria Sub-total 158,600 8,492 - 10,092 177,184 deducted. The Jewish-owned land comes to be
Jaffa 139,705 3,122 9,363 - 152,190 927,165 donums in 1944 and 938,365 donums
Ramle 119,710 1,097 1,453 10,359 132,619
in 1945. This is the land area legally-registered
Lydda Sub-total 259,415 4,219 10,816 10,359 284,809
by the British Mandate government in the period
Ramallah - - - - 0
between October 1920, when the Land Registry
was opened, and the end of 1945. There is no
Jerusalem 39,046 2,736 24,270 - 66,052
dispute about this official figure.
Hebron 17,682 2 - 220 17,904
Jerusalem Sub-total 56,728 2,738 24,270 220 83,956
The pre-1920 figure suffers from two defects: it is
Gaza 62,417 29 - 3,891 66,337
measured in Turkish donums (each equals 0.9193
Beer Sheba 92,703 5,231 56,825 - 154,759
metric donum), and there is no independent veri-
Gaza Sub-total 155,120 5,260 56,825 3,891 221,096
fication of this figure anywhere other than Jewish
Total Measured Values 1,596,623 58,256 175,088 74,997 1,904,964
claims. Stein states, in explanation, that 454,760
Tabled Values 1,556,836 175,792 1,732,628
metric donums (454,860 donums in his table) are
Difference between Measured and
98,043 (704) 172,336 “lands acquired by title deeds [up] to 1920 for
Tabled Values
which we have records” (emphasis added).164
Notes:
1: JNF full ownership 2: JNF Shared Land 3: JNF Concessions Taking these assertions at face value, it may be
4: Jewish Colonization Companies (JCC) full ownership
5: JCC Shared Land 6: JCC Concession 7: JCC and JNF mixed ownership noted that Jewish figures (columns 2, 4, 5) include
shares in Common (Mushaa’) land, which could not
have been included in the Mandate figures, and
The land under Jewish possession has always Turkish records were lost or destroyed. It was possibly Stein’s figures. Shares held in Common
been shrouded in mystery. According to one Israeli not possible to verify ownership independently. land could not be entered in the Land Registry
author, “… till this very day there is not even a single Change of ownership also resulted from transfer independently. Excluding this and adding Stein’s
empirical study, Zionist or post-Zionist, to tell as between different colonization companies and figure for the Turkish period, assumed to be cor-
to who got what, when and how”.158 Publishing may not have been recorded correctly; a piece rect, the figure of 1,382,225 donums appears to
figures of Jewish land holdings would have seri- of land may have been included twice in the final be the legally-registered Jewish land in 1944.
ous political implications. Over 92 percent of the summation. The reference date also played a part Adding Mandate figures for 1945, 1946, the last
land held by Israel today was confiscated from in the final land figure, not only in the pre-1920 officially-recorded, at the closing of the Mandate,
Palestinians. During periods of political unrest, period. In the years 1943 and 1944 there was 1,429,062 donums, is the most likely figure of
Jews purchased land through one, two or even satisfactory government evaluation of land, cul- Jewish legally owned land.
three successive dealers to remove the stigma of minating in the 1945 Village Statistics. However,
selling land to Jews, which was considered national individual figures for the subsequent years, 1945 The difference between this figure and Stein’s and
treason by the Palestinians. Furthermore, the and 1946, were included in a special Supplement even the corrected Jewish Agency is small, as
land regulations imposed by the British Mandate to the Survey of Palestine published in June 1947. indeed it should be since the source is the same.
in response to Arab opposition, such as 1940 Attention should therefore be paid to the reference As Table 2.14 shows, Weitz claimed extra Jewish
Land Transfer Regulations159, were circumvented year around the end of the British Mandate. land of anywhere between 116,353 donums (Weitz
by Jews through purchases of Arab land by paid table excluding Common land) to 347,651 donums
intermediaries. Such land could not be legally The ambiguity and confusion about land in (Weitz map including Common land). This excess
registered. Unregistered but Jewish-claimed land Jewish possession, deliberate or not, has led to claim cannot be supported by solid evidence. Even
also included land for which mortgage closure was widely varying estimates. For example, the figures Stein admits certain ambiguities in his already
planned, and land for which down-payment was often quoted for the area registered under the quoted figures. Using his data, the estimated
made but no sale transaction consummated. It may British Mandate range from 938,365 donums to land area of 1,382,025 donums in 1944 drops by
also have included land on which Jews were legal almost double this figure at 1,850,000 donums.160 112,035 donums to 1,269,990 donums. See Table
tenants which did not imply ownership. Although the highest figure does not constitute 2.15. This is the lowest figure for Jewish land,
more than 7 percent of Palestine, which is still very assuming the authenticity of pre-1920 ownership
Confusion about the total area of Jewish land small, it is possible to narrow down the variation of of 454,860 donums. The uncertainty about Weitz
may have also arisen due to the definition of land figures and arrive at a more reliable estimate of the figures is more obvious when comparing his own
status. Some figures included Concessions by the Jewish land in Palestine just before the 1948 war figures in the table on his map and as measured
British Mandate or included a share in Mushaa’ based on an examination of the date, the status of on the same map. There is at least a difference
land (indivisible collectively-owned village land); the land and the legality of its registration. of 172,336 donums between the two, allowing
both could not be registered as Jewish-owned. Various sources for the end of 1944 are com- for the map scale.
Ambiguity also arose from ownership in the pre- pared in Table 2.14. Column 1 is derived from
1920 Turkish period. Ownership by non-Ottoman Stein.161 Column 2 shows the figures presented Table 2.16 shows the measured areas of claimed
subjects was prohibited and later restricted. by the Jewish Agency to the Anglo-American Jewish ownership classified by District, Sub-
Moreover title deeds were descriptive and did not Commission of Enquiry.162 Column 3 gives the of- district and land holder: JNF and other coloni-
indicate precise boundaries. During WWI, many ficial figures year by year (1920-1945) by the British zation companies in addition to Concessions
158 Jonathan Nitzan and Shimshon Bichler, The Global Political London: Eyre and Spottiswoode, 1952, p. 278. 162 Table 4, Survey of Palestine, supra note 3, p. 376.
Economy of Israel. London: Pluto Press, 2002, p. 97. 161 Stein, supra note 29, Appendix 2, pp. 226-227. The data was 163 Table 1, Survey of Palestine, supra note 3, p. 244.
159 1940 Land Transfer Regulations, Laws of Palestine, Vol. 2 (1939), derived from the Palestine Land Department for the Anglo- 164 Stein, supra note 29, p. 226.
p. 459. American Committee of Enquiry and from Gurevich and Gertz,
160 A. Granott, The Land System in Palestine, History and Structure. “Jewish Agricultural Settlement in Palestine”.
41
P a r t I : G e n e r a l R e v i e w
Map 2.10: Land Claimed in Jewish Possession according to Table 2.17: Comparison of the Holdings of Various Jewish
Weitz and Lifshitz Colonization Companies over the Years from Different Sources
Stein excl. Jewish Agency incl. SOP excl.
Concessions Concession Concessions
Year
PICA & Private
Cumulative JNF Total
Annual Individuals Annual Accum.
Increase Accum. Accum.
Accum.
1919 454,860 519,687 650,000 650,000
1920 1,143 456,003 544,458 1,048 651,048
1921 90,785 546,788 569,229 90,785 741,833
1922 39,359 586,147 72,400 521,600 594,000 39,359 781,192
1923 17,493 603,640 655,800 17,493 798,685
1924 44,765 648,405 717,600 44,765 843,450
1925 176,124 824,529 779,400 176,124 1,019,574
1926 38,978 863,507 841,200 38,978 1,058,552
1927 18,995 882,502 196,700 706,300 903,000 18,995 1,077,547
1928 21,215 903,717 934,000 21,515 1,099,062
1929 64,517 968,234 965,000 64,517 1,163,579
1930 19,366 987,600 996,000 19,365 1,182,944
1931 18,586 1,006,186 1,027,000 18,585 1,201,529
1932 18,893 1,025,079 296,900 761,600 1,058,500 18,893 1,220,422
1933 36,992 1,062,071 1,141,500 36,991 1,257,413
1934 62,115 1,124,186 1,225,000 62,114 1,319,527
1935 72,905 1,197,091 1,308,500 72,905 1,392,432
1936 18,145 1,215,236 369,800 1,022,800 1,392,600 18,146 1,410,578
1937 29,367 1,244,603 1,439,000 29,367 1,439,945
1938 27,280 1,271,883 1,482,000 27,280 1,467,225
1939 27,974 1,299,857 463,500 1,069,900 1,533,400 27,973 1,495,198
1940 22,481 1,322,338 1,568,000 22,481 1,517,679
1941 14,531 1,336,869 532,900 1,071,900 1,604,800 14,530 1,532,209
1942 18,810 1,355,679 1,646,000 18,810 1,551,019
1943 18,035 1,373,714 1,688,000 18,035 1,569,054
1944 8,311 1,382,025 758,200 973,100 1,731,300 8,311 1,577,365
1945 11,506 1,393,531 11,000 1,588,365
1946 35,331 1,623,696
1947
TOTAL 1,393,531 1,731,300 1,588,365 1,623,696
granted by the British Mandate. Map 2.10 shows provides much higher credibility in the extent of others. The source of this information is very
a reproduction of the Weitz and Lifshitz map with the officially-registered and owned Jewish land, likely Jewish as it contained figures from Jewish
the same classification. Although there is some assuming the pre-1920 figure is correct. This colonization companies. It was quoted without
difficulty in measuring from a 1:750,000 scale map, figure excludes lands which are otherwise under comment in the Survey of Palestine. The land in
the conclusions are obvious. There is a gross Jewish possession or control on temporary basis question refers to large holdings, defined as over
exaggeration of the land claimed to be Jewish. such as Concessions, or on special basis which 5,000 donums, although the source for the 1946
To identify one small example, 19,781 donums do not confer ownership such as legal tenants. figures does not state whether the addition for
claimed to be Jewish exist in villages with no that year is for large holdings or not. The total
Jewish ownership according to Village Statistics. The gap between Stein and the Jewish Agency is compared with the areas measured from the
This may have resulted from some changes in the curves in Figure 2.1 shows the land area claimed by Weitz map (Table 2.16).
village boundary of ‘Ein Harod and Tel Yosef. But Jews in excess of officially-registered land. Since
the rest cannot be explained. Nevertheless, this the Jewish Agency figure includes Concessions The measured values are more than double (2.1
area was added to the measured area. generally estimated to be 175,000 donums, the times) the stated total, although the ratio of meas-
net unexplained difference between Stein and ured/stated values for districts varies from a high
Table 2.17 and Figure 2.1 shed some light on the Jewish Agency in 1944 is 174,275 donums. of 4.3 to a low of 1.5. This cannot be explained
these anomalies. Table 2.17 shows Jewish land Where does this difference come from? Generally by the fact that the table refers to large holdings
ownership as given in Table 2.14 by Stein, the speaking, where does the extra claim of 347,651 while the measured values refer to all holdings.
Jewish Agency (JA) and the Survey of Palestine donums in Table 2.14 come from? The difference between the two totals is about
but distributed over the years 1919 to 1944. Figure 1,000,000 donums. Taking the average of ‘small’
2.1, which shows ownership at the same dates, There is further divergence of Jewish figures in holdings as half of 5,000 donums, there should be
clearly indicates that the Survey of Palestine and Table 2.18. This table gives land ownership of 400 colonies/farms to account for the difference
Stein’s data are identical if the (Turkish) starting various Jewish colonization companies at the of one million donums. Since there are only 172
value of the Survey of Palestine is corrected end of 1945, classified by district and by whether designated Jewish villages in 1948, it appears
and Stein’s figure is used for the year 1919. This the land is wholly owned or held in common with there are, on average, 5,810 donums claimed but
42
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Notes: All areas are in donums. Source of Large Jewish Holdings (as on 31 December 1945) is unknown, presumably Jewish. It has been quoted in Survey of Palestine, prepared
in December 1945 and January 1946 for the information of the Anglo-American Committee of Enquiry, Institute of Palestine Studies, Washington DC, 1991, 3 Vols., Table 2, p.245,
without comment. The land acquired by JNF has been updated to 31 December 1946 by an increase of 51,700 donums giving a total of 652,000 donums. See Supplement p.30.
Large Holdings means over 5000 donums
Churches,
Purchase from Non-
Resident Large Foreign
Resident Large Fellahin Concessions Total Notes
Land Owners Owners,
Buyer & Date Land Owners
Government
Max 519,904 (1930),
PICA1 (Rothschild) upto 1945 293,545 136,3424 39,520 469,407
Min 140,616 (1946)
Excluding: Beersheba 25,351 d6
PLDC2 Upto 1935 455,1693 57,810 512,9795
and Hula concession 41,162 d.
PLDC 1936-1945 89,914
PICA + PLDC Subtotal 1935 748,714 (79.4%) 193,494 or 194,152 (20.6%) 942,8667
Individual Jews Upto 1935 432,1008
JNF Upto 1930 239,170 25,555 5,3599 270,084
1931-1947 566,31210
Subtotal JNF `836,97811 By addition
Jewish Agency figures 1878-1936 12
358,974 (52.6%) 167,802 (24.6%) 64,201 (9.4%) 91,001 (13.4%) 681,97813 Excluding concessions
Or 1,669,000
Granott final estimate June 1947 1,049,000 500,00014 120,000 181,000 1,850,00015
Excluding concession
Notes: This table is based on information in: A. Granott, 4. Listed as owners working the land which could 12. By addition. This is NOT total Jewish holding as it
The Land System in Palestine, History and Structure, include fellahin. contains considerable duplication. Granott Table
Eyre and Spottiswoode, London, 1952, pp. 275-282. All 5. This includes land for JNF. See note 2. 32, p. 277.
areas are in donums. 6. Not likely to be (for Beer Sheba) and cannot be (for 13. Granott says this is 55.4% of all Jewish holdings i.e.
1. Palestine Jewish (Israeli) Colonization Association. Hula concession) registered in the Government Land total is 1,231,007 d. (up to 1936).
PICA was established in 1924 and assumed control Register as Jewish-owned. 14. Estimate by Granott p.278. Granott figure for
of lands purchased by Baron de Rothschilde. In 1930, 7. As stated by Granott, p.271. Subtotal does not fellahin share of land sale at 500,000 is highly
its holding reached a max. of 519,904 d., excluding tally. exaggerated unless it includes some of the working
small holdings east of Jerusalem. After 1930, its 8. PLDC purchased some of this. No exact information large landowners. It does not also agree with Jewish
holdings decreased (see Granott Table 33, p. 280), about who sold this land. Agency figures.
as the land was transferred to individual Jewish 9. By deduction from total. 15. Granott figure without concession is 1,670,000
farmers, because of Land Settlement Law. In 1946, 10. Registered with the Government Land Register. d. which is higher than Village Statistics 1945
PICA held only 140,616 d. Granott assumes this amount has been purchased (1,491,699), of which JNF controlled at end of
2. Palestine Land Development Company: acted as a equally from the large land owners and fellahin. Mandate 928,241 d. (Granott Table 34, p.281) and
Purchasing Agent for JNF and individual Jews. 11. By addition. This figure does not tally with Granott others 742,000 d. See Table 2.14 for discussion of
3. Not clear whether resident or not. Table 34 p.281 which gives 928,241 (1947). the reliability of these figures.
43
P a r t I : G e n e r a l R e v i e w
Table 2.20: Land Sales to Jews in Palestine by Non-Palestinian Absentee Landlords immigration in 1882, Arab sale of land to Jews,
increased rapidly. As Ottoman authorities pro-
Area
hibited the sale of land to foreigners, deals were
Name of Seller Locality made in the name of Jewish Ottoman subjects
(Donums)
and foreign consuls, intended for Zionist colo-
Heirs of Salim Ramadan 3,000 Hittin
nization. However, land sales to Jews by Arabs
Heirs of Jammal and Milki 2,500 Nimrin
or non-Arab Muslims, who have no roots in the
Gulmia and Jbara 4,000 Zuq et Tahtani
country, took place.
Emir Chehab family 1,100 Khalisa
Francis family 3,000 Dafna From 1882 to Allenby occupation of Jerusalem
Shab’a villagers 1,500 Khan el Dweir in 1917, land sales to Jews by Arabs were made
Debki and Shams families 1,600 Ed Dawwara in Marj ibn ‘Amer (Esdraelon), several tracts
Farha family 1,400 Ez-Zawiya
in Tiberias and Safad districts close to River
Jordan, in Haifa and Jaffa districts along the
Chehab family 1,300 En-Na’ima
coastal plain. Particular places mentioned in
Farhat and Bazza families and Mardinis (of Syria) 9,000 Qaddas
the Ottoman records in the north of Palestine
Bazza family 3,500 El-Malakiya are Carmel, Kafr Lam, Zamarin, Qisariya, Al
Lebanese
Ahmad el As’ad 2,000 EL Manara & Udeisa Tira, Zarghaniya, Ghubbayat, Ja’ara, Tantura,
Moitenes villagers 1,200 Jabal Meimas Nufei’t, Daliyat al Ruha, Sarafand (north), Wadi
Father Shukrallah 900 Qaddita ‘Ara, Yajur, Shafa Amr, Abu Zureik and oth-
Father Shukrallah 700 Yarda ers, all in or close to the coastal plain. Official
records show that notable large land owners
Deishum villagers 1,100 Hawwara
who bought and sold land frequently to various
Ali Salam 41,500 Hula Concession Area
parties in this period included Sursock, Habayeb,
Najib Sursock 26,500 Tell el Firr & Jalloud
Tayyun, Kirdahi, Tweini, Beidoun, Farah, Ahmed
Sursock family 240,000 (1) Marj ibn ‘Amer (Plain of Esdraelon) Sami Pasha (Damascus), Mustafa al-Khalil and
Zu’rob family 5,000 Hanouta sons, Sadik Pasha and sons, Fuad and Fahmi as
Quteit villagers 4,500 Samakh Sa’ad, al-Haffar heirs, al Madhi family, Saleem
Qweini family 2,500 Nahariya al-Khouri, Abdel Latif as-Salah and sons166 and
Tayyan family 31,500 Wadi el-Hawarith
the Orthodox Church.
Sub Total 389,300
Land was coveted by the Zionists in areas near
Heirs of Emir Jazairi 34,000 Kfar Sabt and Sha’ara
to, or fed by, water sources, e. g. Lake Tiberias
Heirs of Emir Jazairi 3,000 Kirad El-Kheit, Baqqara and Ghannama and River Jordan above the lake. Tracts of land
El-Akrawi family 1,600 El-Khaffas were purchased in Al Ghuweir, Abu Shusha, Al
Emirs Fa’our and Shaman 800 Salhiya Mansura, Tel Adas, Afula, Sulam, Ein ez Zeitun,
Syrians
Fadl family 1,200 Barjiyat Deir Hanna, al Maghar, Qabba’a, Arab al Akrad,
Zaal Salloum 1,500 Khirbet es-Summan al Ja’una, Biriya, Fir’im and al Mallaha. Sellers in-
clude al-Miqati, al-Jubran, Sursoq, Nicola Khouri,
Bozo family 4,000 Khiyam el Walid
Bishara, Jarjoura, al Khataleen (Salt), Rawadhneh
Qabbani family 10,350 Wad el-Qabbani
(Damieh), Abdel Hadi, the Baha’is, al-Ahmed,
Sub Total 56,450
Tabari, Abdel Rahman Pasha (Damascus), Prince
Bahai Persians (Iranis) 8,000 Nuqeib Ali Pasha (Damascus).167
Others
165 Granott, supra note 160, p. 277. land owners (a) due to corruption of high Ottoman officials, (b) real estate transactions due to their large capital.
166 Zuhayr Ghanayim, The District of Acre during the Ottoman Tanzi- the practice of registering fellaheen land in the name of notables 167 Ghanayim, ibid, Table 6-7, p, 368.
mat Period, 1864-1918, Beirut: Institute of Palestine Studies, 1999 to avoid tax and conscription, then claimed by these notables to 168 Stein, See Table 2.17 herein.
[Arabic], pp. 325-373. Ghanayim examined the records of Sharia be their own, (c) the practice of lending the fellaheen by a front 169 Stein supra note 29, Appendix 3, pp. 228-239.
Court in Haifa for the period indicated, in which all transactions man for Jewish colonies against mortgage of their land, on which 170 Arieh Avneri, The Claim of Dispossession: Jewish Land Settle-
must be entered, including marriage, divorce, inheritance, sales, they often defaulted and lost their land and (d) the practice of ment and the Arabs, 1878-1948, London: Transaction Books,
purchases, land registry and disputes. He traced the rise of large large city merchants of buying and selling agricultural land in year 1984 (translated from Hebrew edition 1980).
44
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Land Ordinances regulating the transfer of Arab could be terminated or the rent increased, and there was now in certain areas no room
land to Jews or restricting it to protect Arab by providing compensation for the tenant for for further transfers of Arab land, whilst in
cultivators include: disturbance and for improvements which he some other areas such transfers of land
had carried out himself. It provided further that must be restricted if Arab cultivators are to
The Land Transfer Ordinance (1920) where the tenant had cultivated a holding for maintain their existing standard of life and a
This ordinance was designed to secure the five years or more, the landlord should pay him, considerable landless Arab population was
protection of agricultural tenants from eviction as additional compensation, a sum equal to one not to be created.
when land was sold by the landlord. The district year’s average rent.
governor gave his consent for the transaction The regulations then divided Palestine into three
when he was satisfied that the person about The Cultivators (Protection) Ordinance (1933) zones as follows:
to acquire the property 1) was a resident in This ordinance remained in effect until the
Palestine; 2) would not obtain property exceed- termination of the Mandate in 1948. Its salient Zone ‘A’ (comprising an area of 16,680,000 don-
ing in value 3,000 Palestinian Pounds or in area provisions were as follows: ums in the hill country as a whole, together with
300 donums; 3) intended himself to cultivate the 1. It defined a ‘statutory tenant’ as any person, certain areas in the Jaffa and Gaza sub-districts,
land immediately. It was also a condition that family, or tribe occupying and cultivating a including the northern part of Beersheba sub-
the transferor, if in possession, or the tenant in holding other than as owner thereof. The district). Transfer of land save to a Palestinian was
occupation of the property leased, would retain term included the relatives of any person prohibited except in certain circumstances.
sufficient land in the district or elsewhere for the occupying and cultivating a holding who
maintenance of himself and his family. might have, with the knowledge of the land- Zone ‘B’ (comprising an area of 8,348,000 donums
lord, cultivated such holding; it included the of the northern plains, eastern Galilee, a stretch
The Transfer of Land Ordinance (1920-21) heirs of a tenant, and also any person who of the coastal plain south of Haifa, an area in
The 1920-21 Transfer of Land Ordinance replaced had been hired by the landlord to do agri- the north-east of the Gaza sub-district, and the
the earlier ordinance and constituted the Director cultural work and receive as remuneration a southern part of the Beersheba sub-district).
of Lands as the authority to grant permission portion of the produce of the holding which Transfer of land by a Palestinian Arab save to a
for disposition of land instead of the district he cultivated. Palestinian Arab was prohibited, except in special
governor. The Director of Lands was bound to 2. It provided that a ‘statutory tenant’ who had circumstances.
grant the consent if satisfied that the transferor occupied and cultivated a holding for a period
[or transferee] held title to the land, provided, in of not less than one year could not, provided Zone ‘C’ (comprising an area of 1,292,000 donums
the case of leased agricultural land, that he was that he had paid his rent and that he had not and consisting of the Haifa Bay, the greater part
also satisfied that any tenant in occupation would grossly neglected his holding, be evicted of the coastal plain, an area south of Jaffa, the
retain sufficient land in the district or elsewhere therefrom unless he had been provided with Jerusalem town planning area, and all municipal
to maintain himself and his family. a subsistence area which was to be, as far areas). Transfer of land was unrestricted.
as possible, in the vicinity of the land from
The Mewat Land Ordinance (1921) which he was being displaced. These Land Transfer Regulations came into force
This Ordinance restricted the cultivation of 3. It provided for the protection of the rights after the Jews had come into possession of a
Mewat land as stipulated by Article 103 of the of the persons to graze or water animals, sizeable portion of the most fertile lands of the
1858 Ottoman Land Code which allowed any one or cut woods or reeds, unless provision of coastal and plains of the country. Certain flaws
with the leave of the Official to develop it. Having equivalent value was secured towards their in the regulations enabled Jews to purchase
granted it to him and if he did not develop it for livelihood, provided that they or their agents land in the prohibited and restricted zones under
three consecutive years without valid excuse, it had exercised the practice concerned, ha- fictitious names or questionable deals.
was given to another. If he developed it without bitually, at the appropriate season, for not
“Official leave”, he was allowed to continue do- less than five consecutive years within a Other Land Ordinances
ing so with paying badil methl. The Ordinance period of not more than seven years prior to - The Surveyors’ Ordinance of 1921.
repealed the last paragraph and punished the date when any application was made to - The Land Courts Ordinance of 1921.
anyone who cultivated the land without “leave” a court for their eviction. - The Sand Drifts Ordinance of 1922.
as a trespasser. It also eliminated the option of - The Forests Ordinance of 1924.
badil methl. It required those who hold such The Land Transfer Regulations (1940) - The Land (Settlement of Title) Ordinance of
land, developing it without leave to notify the The promulgation of these regulations conformed 1928.
government before April 18, 1921. Otherwise, with the provisions of The MacDonald White - The Agricultural Land Bill (draft) of 1930.
they would be violating the law. Paper of May 1939. This drew attention to Article - The Land Disputes (Possession) Ordinance
6 of the Mandate which provided that ‘while of 1931.
Protection of Cultivators Ordinance (1929) ensuring that the rights and position of other
This Ordinance cancelled the provisions of 1921 sections of the population are not prejudiced, to Based on: Survey of Palestine, London: Her Majesty’s
which required that, on sale, arrangements arrange close settlement by Jews on the land’, Stationary Office, Reprinted in Full by the Institute
should be made to provide a tenant in occupa- and it pointed out that: for Palestine Studies, 1991, Vol. I, p. 260; and Sami
tion with land in lieu of the holding from which Hadawi, Palestinian Rights and Losses in 1948, A
he was dispossessed. It appeared to aim to The reports of several expert commissions Comprehensive Assessment. London: Saqi Books,
protect the cultivator who had been at least two had indicated that owing to the natural 1988.See also M Bunton (ed), Land Legislation in
years in a holding, by requiring the landlord to growth of the Arab population and the steady Mandate Palestine, Cambridge: Cambridge Archive
give him a full year’s notice before the tenancy sale in recent years of Arab land to Jews, Editions, 2009, 9 volumes.
Avneri170 makes wild claims that the Zionists It is therefore clear that the majority of land sales according to the Mandate. “The real total area
purchased all the land, not conquered it in 1948. to Jews were made under the Mandate, and that sold this way,” Sayegh explained, “is definitely
From local knowledge and available reference, Jewish sources confirm that most of these lands more. The fuller the data, the less the blame to
Jamil Arafat171 lists some of the land sellers, were purchased from non-Palestinian absentee attach to Palestinian Arabs”.173 This partial list is
mostly non-Palestinian large land owners, who landlords. A partial list is contained in a memo- given in Table 2.20.
continued to sell land to Jews during the Mandate randum dated February 25, 1946 submitted by the
and were frequently shot. If known, those sellers Arab Higher Committee to the Anglo-American Noting that Jews, with all their wealth, political
were despised and ostracized by the people. Committee of Inquiry on its arrival in Palestine.172 clout and British support, managed to acquire
Some fled abroad. Their luxurious life abroad Dr. Yusif Sayegh, the signatory of the memoran- legally only 5.4 percent of the land of Palestine
fuelled the image of Palestinian land sellers. dum, listed the areas acquired, as compiled from until the end of the British Mandate, or 3.5 per-
Efforts to buy distress cases through a National a field survey, conducted at the time, in only part cent during British Mandate, is a testimony to
Palestinian Fund had limited success because of Palestine, as 461,250 donums out of a total the Palestinian farmers’ determination to hold
of lack of funds. area of 1,491,699 donums, being Jewish land, on to their land. The fellahin transferred to Jews
171 Jamil Arafat: Homeland Memory: Depopulated Palestinian Villages in Haifa District, Nazareth: n.d. [Arabic]. 172 Hadawi, supra note 145, pp. 66-67. 173 Ibid.
45
P a r t I : G e n e r a l R e v i e w
only 0.5 percent of the total land in Palestine. It Stein explains illegal practices in detail: In order to avert the hearing, the Jews submitted
is remarkable that only such a tiny percentage of an undertaking to the District Commissioner not
land had slipped out of their hands considering In most Jewish land purchases some amount to plough the land in question. Otherwise the
the economic hardship, discriminatory British of money was paid to a potential Arab vendor Court would have clearly ruled against their illegal
laws and the British sympathy for the Zionist in anticipation of a land sale. These sums were claim. The land was never registered in the Land
movement. outright loans, grants, or subventions made as Registry. Yet it appears as ‘Jewish’ in the map
part of the land-purchase process. Some form prepared by Yosef Weitz.
The problem of discrepancy in Jewish figures, of liberal financial lubrication easily neutralized
however, remains unresolved. It is necessary to a mukhtar, local shaykh, or religious official’s The extent of the illegal or fictitious claims of Jewish
shed some light on the gap between Stein and recalcitrance. Though mukhtars were adjudged ownership is most apparent in the Beer Sheba
Jewish Agency figures (174,275 donums) or the to be utterly incompetent in discharging their sub-district where the Weitz and Lifshitz map of
much larger gap (347,651 donums) between the duties of registering all local land transactions, 1944 shows a measured area of 154,759 donums,
Survey of Palestine and the Weitz map, as shown for which they were responsible until March while Village Statistics shows only 65,231 donums
in Table 2.14. 1937, their assent or signature on a transfer, fiscally-taxed, not necessarily owned, which is
registration, or mortgage document was es- about 42 percent of the claimed value. Granott
Much of this is due to fraudulent claims or claims sential. Not surprisingly, the mukhtar, shaykh, states that the PLDC owned only 25,351 donums in
made in contravention of the law. The peak of an- or religious official who was so inclined could Beer Sheba as of 1935.180 Other cases of fraudulent
nual increase of acquired Jewish land occurred utilize his local social or religious stature to claims had been reported by the British Mandate
in 1935 when the British Mandate admitted the persuade villagers to leave their lands. government in Gaza in 1938 and 1943.181
largest number of Jewish immigrants from Europe Protection of the Arab vendor’s name and reputa-
to Palestine. The Arab Revolt (1936-1939) against tion was easily achieved through various land- Legal sale of land to Jews brought considerable
British policies and Jewish immigration resulted purchase methods. One such method enabled hardship to cultivator-tenants who lived on the
in a major drop in land acquisition, from 72,905 the seller to borrow money from the Jewish land for many decades.182 When the land changed
donums in 1935 to 18,145 donums in 1936. There National Fund, fail to repay the loan, and there- hands, the new Jewish-owner evicted the tenants
was a slight increase thereafter until 1940 when fore be “forced” by the courts to sell a specified who became landless, homeless and penniless.
the Land Transfer Regulations were promulgated. land area to the Jewish National Fund in order Although the British Mandate ostensibly promul-
These regulations prohibited the sale of Arab land to satisfy the accrued debt. Some Arab vendors gated laws to prevent this from occurring, Jewish
to Jews in certain areas. Therefore, some of the mortgaged their portion of mushaa’- held shares buyers managed to circumvent the laws protecting
registration of the land acquired after that date to Jewish mortgagees, failed to pay the principal the tenants. In its report to the Anglo-American
may be in doubt. due in thirty days, and, therefore, had to submit Committee of Inquiry, the British Mandate govern-
their lands to public auction. This entire process ment cited many instances of landlessness, such
Metzer noted a difference among the claimed was pre-planned so that the Jewish National as in: Wadi al-Hawarith (Tulkarm sub-district),
figure of Jewish ownership: 1,621,000 donums Fund would obtain the land, the prestige of the Arab Zubeid, Buleida and Meis (Safad), Tel esh-
according to his sources, the registered transac- seller would be protected, the rights of cultivators Shauk, Arab Sabarji, Masil el-Jisl, Ghazzawiya,
tions during the Mandate period, “no more than would be summarily circumvented, and the seller Umm Ajra and es-Sufa (Baysan), Muqeibilah, Bayt
944,000 donums” and the initial value at the end would obtain a price for the land well above the Qud (Jenin), Ma’lul (Nazareth).183
of the Turkish period, reckoned to be 418,000 price set by the court.178
donums, leaving about 260,000 donums which Coercion and manipulation of laws led to many
he calls “missing transfers”.174 Another explanation for the dubious claims of small farmers (fellahin) falling prey to Jewish credi-
Jewish purchase is that an amount of money was tors. As a result, they found their land possessed
The Arab Executive Committee warned the British paid by Jews to a broker (simsar) or a potential by Jews for mortgage default.184
High Commissioner, quite early, prior to the Arab Arab vendor who had no intention of selling or go-
Revolt (1936-1939), that lands were illegally trans- ing through the transaction. Thus a piece of land The supposed defender of the national major-
ferred to Jewish hands causing grave damages was recorded in Jewish books as Jewish. After the ity of the population against these practices
to the Palestinians.175 These illegal transactions passage of the 1940 Land Transfer Regulations, was of course the British Mandate government,
had increased greatly after the 1940 Land Transfer the proposed transactions were not or could not headed by the first British High Commissioner,
Regulations. Stein described methods of Jewish be completed by the parties. Herbert Samuel, and the legal secretary Norman
purchase of Arab land during the Mandate period Bentwich185, another ardent Zionist, who formu-
which may have led to exaggeration in the land The fortnightly reports of the District Commis- lated most of the land laws. According to Stein,
area claimed to be Jewish-owned.176 These in- sioners to the High Commissioner in Jerusalem,
clude the following: forwarded to London, are replete with examples of The British acted only as an umpire in Palestine
fraud and illegal land dealings, particularly in the and did little to strengthen the condition of the
(a) land which was purchased in the Turkish nineteen forties. A case in point is this excerpt from Palestinian fellah; and the Zionists were able
period was re-registered in larger areas on the a report by the Gaza District Commissioner: to use their special status under the Mandate
premise that original description of the land in to organize themselves in the effort to reach
Turkish records was under-estimated; and, Protests have been raised at attempted plough- their goal.
(b) Jewish land brokers resorted to fraudulent ing by Jews of land in Asluj to which they have …
practices. To overcome political and religious an extremely doubtful title. I am hearing a case Zionists influenced the appointments of key
opposition by Arabs to sale of land to Jewish under the Land Dispute (Possession) Ordinance, officials, wrote documents, and drafted the
immigrants, “Jews managed to acquire land by pending a decision by the Land Court. There are terminology used in the Balfour Declaration,
bribing local government officials, local Arabs, large areas in Beer Sheba sub-district which the articles of the Mandate, the 1920 Land
consuls, consular agents and by registering the Jews claim to have bought before the date Transfer Ordinance, the 1926 Correction of
land in fictitious names or in the names of Jews of the Land Transfer Regulations but which are Land Registers Ordinance, successive pieces
resident in Istanbul”.177 not registered in the Land Registry.179 of legislation for the protection of cultivators,
174 Jacob Metzer, The Divided Economy of Mandatory Palestine. Diaries of the Arab World – Palestine and Jordan, 1945-1946. Egyptian Ministry of Justice, then he joined the Camel Transport
Cambridge: Cambridge University Press, 1998, pp. 85-86. Stein Vol. 8. Reading: Archive Editions, 2001, para. 209, p. 228. Corps of EEF. He became a Senior Judicial Officer in OETA, a
notes a figure of 418,100 for the year 1914 and 454,860 in the 180 Granott, supra note 160, p. 276. Legal Secretary to Herbert Samuel, then Attorney General. He
table and 454,760 in the text for the year 1920. See Appendix 2 181 See cases listed in Survey of Palestine, Vol. I, supra note 3, p. was accused of inexperience, incompetence, defrauding villagers
in Stein, supra note 29, pp. 226-227. 268. in Zeita land case, of being openly Zionist sympathizer and Arab
175 Memorandum to the High Commissioner on December 1, 1934 182 See, e.g., Barbara Smith, supra note 22, pp. 91, 96, and 100; hater. As a result of the damage he made to the British adminis-
see, Documents of the Palestinian Arab Resistance against Stein, supra note 29, p. 108; and, Hind Budeiri, Palestine Land tration, there was a campaign against him in the Colonial Office
British Occupation and Zionsim (1918-1939), supra note 25, pp. between Zionist Myths and Historical Facts. [Arabic] Cairo: The (“Bentwich must go”). Senior British officials kept him; however,
357-358. Arab League, 1998, p. 304. for fear that the Arab protests would be seen to be rewarded. He
176 Stein, supra note 29, pp. 70-76. 183 Survey of Palestine, Vol. I, supra note 3, pp. 297-308, and Supple- was finally relieved of his duties in 1931, whereupon he accepted
177 Ibid, p. 32. ment to the Survey, pp. 34-35. an appointment at the Hebrew University in Jerusalem. See,
178 Ibid, p. 72. 184 Budeiri, supra note 182, pp. 163, 216, 242, and 251. Martin Bunton, “Inventing the Status Quo: Ottoman Land-Law
179 Gaza Fortnightly Report No. 161, of 1-15 October 1945 from District 185 Norman Bentwich had a chequered career. Born in London, he during the Palestine Mandate, 1917-1936,” 11 The International
Commissioner (Gaza) to Chief Secretary, Jerusalem. Political and his family were ardent Zionists. He worked as ‘inspector’ in the History Review 1 (March 1999), pp. 50-53.
46
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
World Zionist
Organization
Report, the French Reports, and the Peel boundaries of a State. In 1948, there were Zionist Federations and groups in 61 countries
(WZO)
Report- the Zionists issued their own verbal in all parts of the world (except Russia, Turkey and some Oriental countries where Zionism
was declared illegal).
reply. Zionist input into policy considering land
- The direction of the Zionist organization, the carrying out of resolutions passed by Congress
began with Chaim Weizmann’s opposition to and the General Council, and the transaction of day to day business was entrusted to the
loans for the fellaheen in 1918 and continued Zionist executive, which was the chief executive body of the Organization.
beyond the Jewish Agency’s scrutiny of landless
- Established according to Article 4 of the Palestine Mandate which states that “An appropri-
for Palestine
cooperating with the Administration of Palestine in economic, social and other matters as
was a position of influence in the Land Registry may affect the establishment of the Jewish national home and the interests of the Jewish
(JA)
Department in the 1920s, as well as Judge population in Palestine, and subject always to the control of the Administration, to assist
A.H. Webb’s appointment to evaluate landless and take part in the development of the country.”
- After 10 years of negotiations between Zionist officials and non-Zionist Jews, an agreement
Arabs, aided Zionist fortunes in the land sphere. was reached at the Zionist Congress in 1929 resulting in the creation of the Jewish Agency
Although some Zionists did not like Sir Herbert in 1930.
Samuel’s public policy of political neutrality from
1920 to 1925, the fact that a Jew and a Zionist - Founded by the Zionist Congress in 1901 and incorporated as an English company in 1907
- Loans were utilised for the construction of farm buildings and accommodation and the
The Palestine
and calculating methods to survive. The Arabs’ purchase of livestock, machinery and equipment; finance settlers in initial stages of estab-
primary experience was of survival against na- lishment (1-3 years) until the farms produce revenue.
(PFU)
- It financed 153 settlements on JNF land in 1944, with a population of 44,708, and cultivated
ture, and they had little experience in confront-
447,000 donums.
ing the bureaucratic and legislative machinery - Total expenditure 1921-1945: £P. 19,977,000 including £P. 5,892,000 for agriculture settle-
introduced by the Ottomans and the British. ment; £P. 1,364,000 for urban development; £P. 2,269,000 for education; £P. 3,604,000 for
They were used to working through traditional immigration and £P. 2,823,000 for public works.
hierarchical channels. Second, most Zionists - It had control of the fund transferred by the Zionist Organization to the enlarged Jewish
Agency in 1929.
were accustomed to verbal negotiations and
written evidence in defending and expanding - Established in 1924 by Baron Edmund de Rothschilde, who started his activities in 1883.
their communal status in Palestine, and the He spent £15 million in colonization activities.
Colonization Association
Arabs lacked verbal and writing skills. - Its aim was to create a class of Jewish farmers, by granting them land at a small debt.
- It took over the land which had been ‘redeemed’ by the Baron and augmented this property
Palestine Jewish
In a highly competitive and aggressive style, the - 2nd largest proprietor in late Mandate.
Zionists continuously strove for increased au- - Owned 22% of rural Jewish land in 1942.
thority and autonomy in Palestine; they repeat- - It had 3 grades of ownership: complete ownership; lease to peasants for cultivation; transfer
the land to settlers through sale contracts
edly diluted policies and laws that threatened - In mid-1920, it was the largest Jewish owner: 55% of all Jewish land (468,000 donums).
the development of the Jewish national home. - It established 40 settlements with a population of 50,000.
The Zionists did not have vast resources at - It leased land to Jewish farmers long term as JNF conditions, except: (1) no constraints on
their command, but they were skilled, schooled, non-Jewish labour (2) no intention to possess indefinitely.
- PICA liquidated by selling leased lands. By end of Mandate it had only 140,000 donums.
and able to purchase a nucleus for a state. The
Palestinian Arabs, in contrast, suffered from - Established 1909 in England, as an arm of the WZO.
severe deprivation, a lack of capital, and less - Arthur Ruppin Chariman, 1908 (German)
Palestine Land
clear-cut goals.
Corporation
- PLDC acquired land for the JNF, private colonization companies, and private individuals.
(PLDC)
…
- It is estimated that 70 percent of all land acquired by Jews in Palestine was through
When ordinances dealing with land were de- PLDC
creed in Palestine, they inevitably incorporated - Between 1910 and 1930, PLDC claimed to purchase 420,000 donums (sic) of land from
Zionist opinion. For example, the Land Transfer Arabs north of Beersheba; 93 per cent of this was acquired from large landowners.
- In the five years after 1930, it claimed an additional 93,000 donums were purchased north
Ordinance in 1920 and its amendments did not
of Beersheba; 69 per cent of this from large landowners.
prevent land speculation, and the Zionists had
helped draft them. Under the Beisan Agreement Notes: £P = Palestinian Pound = US$ 4.03 in 1948. This compilation is based on Survey of Palestine, supra note 3
in 1921, the fellaheen in the region could not re- and Jewish sources.
tain the lands guaranteed to them by the British
even when they were available at incredibly
low prices, and the Zionists helped rewrite the not enumerate property or resettle Palestinian attempts, they proved incapable of stopping the
Beisan Agreement in 1928 in order to gain legal fellaheen on alternative land because of Zionist transfer of land because of economic forces.
access to these lands. In 1929 and 1933, Arab access to the process. Finally, because small- …
tenants were not protected by the various edi- landowner protection never evolved, the British The Zionists manipulated the British bureauc-
tions of the Protection of Cultivators Ordinances ultimately imposed legislative restrictions on racy in Palestine. They were enormously suc-
that Zionist lawyers had helped to write; and land purchase through the 1940 land transfer cessful at nullifying attempts to curtail the
from 1931 to 1936, the landless Arab inquiry did prohibitions. But, like the previous legislative development of the national home.186
47
P a r t I : G e n e r a l R e v i e w
Ownership of land in Islam rests ultimately with this figure covered only 20 percent of Palestine, user and disposition rights, the land still remained
the umma (Islamic nation), as God’s trustee. Caliph it covered the most populous and fertile coastal State land. If the State divested itself of all its rights,
Omar I (634-44) acted upon this principle, although land. The “settled” land was about two-thirds of the land becomes mulk (allodial land).
the principle of communal ownership for the benefit Palestine 1948 inside the Armistice Line (Israel),
of the whole people was known in Byzantine Syria excluding Beer Sheba. Mulk (allodial land proper)
and Egypt. The Ottomans adopted and developed Mulk (allodial) land proper assumed its character
the same Islamic principle into a refined set of This section is an extract of the report by the when all the three elements of the ownership were
state laws. government of Palestine to the Anglo-American vested in the holder. The owner could use and
Committee of Inquiry, 1946: dispose of his land freely and was not obliged to
In the words of Halil Inalcik, an authority on Ottoman cultivate or use the land profitably (in contrast to
history, “The underlying argument always was The land tenure of Ottoman law consisted of vari- the case of a usufructuary of State land). Mulk may
that such lands belonged to God, or to the imam ous modes of users, the features of which were be made waqf (mortmain) by dedication under the
as His trustee, who represented the Islamic com- set out in the Ottoman Land Code of 1858. Not religious law to charitable purposes. Succession to
munity, it was his duty to see that such lands all of these modes of user were actually found in mulk was laid down by the religious law. The owner
were administered in the way that would best Palestine. Most of the land was held under two may also devise it by will, subject to the rights of
serve the interests of the community and Islamic distinct tenures commonly referred to as mulk and the legal heirs. Where there were no heirs and no
state, ‘Din u Dawla’”. (Halil Inalcik with Donald miri. Mulk means ‘property’. The tenure called mulk outstanding debts, mulk property may be devised
Quataert (ed.), An Economic and Social History was a private ownership tenure. Land so owned without interference from the State. Where an
of the Ottoman Empire 1300-1914. Cambridge: many be called ‘allodial’ land. It was held in abso- owner died intestate and without heirs, mulk land
Cambridge University Press, 1994, p. 104. lute ownership. The holder had almost unfettered escheated and became vacant State land. As the
freedom in regard to its use and disposition. Miri list of heirs entitled to succession under religious
The principle was applied in a two-tier system: (1) was conditional usufruct tenure of land held by law were almost inexhaustible, this eventuality was
rakaba, ownership rested with the Caliph, imam, grant from the State. The holder or possessor was remote. The law applicable to mulk proper was the
Sultan or state, (2) tasarruf, manfa’a, usufruct. While a usufructuary whose tenure resembled a [British] Moslem religious law or the ecclesiastical law of the
the first was always held by the state, the second leasehold, subject to certain limitations on the use community of which the owner was a member.
was granted to a member(s) of the community, and disposition of the land and to the payment of
ra’iya, in a manner close to independent ownership certain fees. The interest was indeterminate, assign- Waqf sahih (mortmain land)
in that the land in question may be inherited. Most able and hereditary. The extent of mulk or allodial When mulk (allodial land proper) was dedicated
of the lands, over 90% of arable land in the Ottoman lands in Palestine was limited, and was usually only to pious uses, it became waqf sahih (mortmain)
empire, was considered state land (miri). The rest found in the old cities or in garden areas. Rural land land. The dedication may be by deed or by devise,
had been removed from this domain by a special in this category was rare. and was irrevocable: the land must remain to the
dispensation from the Sultan. The underlying aim dedicated use in perpetuity. Waqf (mortmain) lands
was to put all land for the use of the community as The Ottoman land law classified land under five of the Moslem community were regulated by the
cultivators of the land and a source of income tax kinds of categories. These, with suggested ap- Moslem religious law. These provisions were spread
for the general benefit of al umma. Accordingly, proximate counterparts in English, were: over several books on Moslem law. Commonly relied
foreigners were not allowed to own land. Late in 1. Mulk Private or allodial land; upon is Umar Hilmi’s “A Gift to Posterity on the Laws
the nineteenth century, under intense European 2. Miri State or feudal land; of Evqaf”. Waqf (mortmain) lands belonging to non
pressure, the Ottoman laws restricting the sale of 3. Waqf Land assured to pious foundations or Moslem communities (whether or not originally
land to non-Muslims were relaxed. But these sales revenue from land assured to pious constituted under Moslem religious law in Ottoman
were insignificant. foundations; times) were regulated by the ecclesiastical laws of
4. Matruka Communal profits–à-prendre land or the respective communities.
A significant problem arose during the Mandate land subject to public easements in
regarding land ownership. In the Ottoman period, common; Miri (State land)
land ownership was defined by a Kushan or Hujja 5. Mewat Dead or undeveloped land. State lands of all categories were regulated by the
but the boundary of such land was descriptive special Ottoman land laws known as:
only, that is, defined by limits of a neighbour’s land A more logical classification, based on the provi- 1. The Imperial Land Law of 1274 A.H. (After
or by a natural landmark as a wadi. That did not sions of the law, would be in two main kinds, mulk Hijra)
pose a major problem for Palestinians, as village and miri, with sub-divisions: 2. The Land Law of 1275 A.H. (1858 A.D.)
inhabitants knew very well the limits of their land Mulk (Allodial or private land). 3. The law as to Miri (usufruct title deeds) of 1326
which they cultivated year after year. • Mulk (allodial land proper); A.H.
• Waqf sahih (allodial land in mortmain tenure). These were amended by laws generally referred to
When the Mandate government took office, its main Miri (Feudal or State land). as the Provisional Land Laws enacted up to 1331
objective was to establish “a Jewish national home” • Miri khali (vacant State land); A.H. (1913 A.D.). The Ordinances enacted by the
in Palestine. It was necessary therefore to define • Miri taht et tasarruf (private usufruct State Government of Palestine had not greatly modified
land ownership according to modern survey maps land); [the structure of] the Ottoman land tenure.
to allow the purchase, transfer or expropriation of • Miri matruka murafaqa (communal profits–à-
the land. Hence a system of land registration was prendre State land). Khali (vacant land)
initiated in 1920 by Herbert Samuel. Sir Ernest • Miri matruka mahmiya (common easement or Vacant land was land which had not been allocated
Dowson, a land expert, proposed in 1927 the use servitude State land). by the State to any interest and in respect of which
of Torrens system used in Australia. Under the it was safe to assume that there were no grants and
Torrens system land was registered according to To these can be added two more categories:- no rights of private persons. So long as the land
the following procedure: • Mahlul (escheated State land); remained idle, the State may, if it so desired, allow
• Waqf gheir sahih or takhsisat waqf or miri mauquf inhabitants of the vicinity to graze or fell wood and
• The land is divided by a cadastral survey into (usufruct State land of which the State revenues draw water therefrom gratuitously. This would not
units of registration called parcels. The parcels are assured to pious foundations). legally create any right in favour of those using the
are defined precisely and linked to a framework land. Leave to exercise this ex-gratia user may be
of triangulation points. The elements of land ownership under Ottoman terminated by the State at any time, particularly
• A judicial investigation was made into the regis- land tenure were: if it intended to allocate the vacant land to some
terable rights of the parcel. 1. The bare ownership (raqaba); specified use. There may be forest laws aimed at
• After “settlement” of the title, an entry is made 2. The enjoyment or user (tasarruf); preventing wastage of forests and soil erosion.
into a land register in a separate folio for each par- 3. The disposition (ihala). Vacant lands used as pasturing and woodfelling
cel, recording subsequent changes on the same grounds without being allocated to any particular
folio. The Land (Settlement of Title) Ordinance In a general way the category indicated the mode community exclusively were to be distinguished
was enacted in 1928 for that purpose. Thus “land of tenure, the amount of control which the State from the matruka murafaqa (assigned communal
settlement” means the examination, settling and retained over the land, and the extent of the rights profits-à-prendre) areas. A community had an
recording the rights of the owner in land registry. of the user and disposition of which the State had exclusive right to profits-à-prendre user legally
It is not to be confused with settlement of people divested itself in favour of private, communal or assigned to it.
on the land. general public interests. These divested rights
were lapsable, in which event they would revert or Miri (usufruct land)
The total land thus “settled” between 1928 and escheat to the State. If the State retained a vestige Land assumed the status of miri (usufruct) land
April 30, 1947 was 5,243,042 donums. Although of control, though it divested itself of the usufruct when the tasarruf (usufruct) was allocated by the
48
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
State to any private interest under grant (ihala wa easements had a right of priority to acquire the for a public right of way or of assembly. In practice,
tafwidh). The usufruct in State land comprised the miri land against fair price (badil methl) whenever the allocation was presumed from immemorial
rights of user and disposition with certain limita- the usufructuary wished to dispose of his rights user. The rules as to the duration of the user and
tions. The grant of the usufruct may be express or to others. as to the limitation of actions were the same as for
presumed. It was express when it was embodied communal lands. Under Ottoman practice matruka
in a State deed of grant or in an official register. If a person possessed miri land for more than ten (communal or common lands) were not registered in
It was presumed as a “lost grant” (haq el qarar) years adversely to another, the latter was debarred the Land Registration. Since the British Occupation
from the incident of undisputed possession for a from bringing an action for the recovery of the land the Land (Settlement of Title) Ordinance required
period of ten years or more, if the possessor can, because of the passage of time (murur zaman). that al such land be registered at settlement.
in addition, establish legal origin, such as evidence This was based on the principle of “limitation of
of acquisition from a predecessor with a good title. actions” but it did not necessarily destroy the right Mahlul (option land)
Acquisitive prescription was foreign to Ottoman of the former usufructuary. It prevented him from Land assumed the status of mahlul land when
land tenure. In Palestine, because of historical asserting his rights through the court. It amounts existing usufruct grants over miri land lapsed for
events, by far the greatest number of grants were to extinctive prescription. This rule originated from any reason. Usufruct land did not directly escheat
presumed. Most Ottoman registrations of miri the time when there were no registrations of land, to the State, but was open to statutory options
(usufruct) titles existing in Palestine were based and gave the active possessors the benefit of the which must be exercised within prescribed times
on a presumed or lost grant. doubt as to legal acquisition. by persons of specified classes. If the option was
exercised the grant was made against payment of
The grant of miri land was conditional on the pay- Duly incorporated bodies (other than pious founda- the immediate consideration. Otherwise, the land
ment of consideration to the State (with the excep- tions constituted under religious law) had practi- was auctioned. Should the auction fail because the
tion of waste land revived with the prior leave of the cally the same rights as private individuals in regard highest bid was insufficient, mahlul land reverted
State, in which case it is granted gratuitously). The to the enjoyment of tasarruf (usufruct) in miri land. to the State and became vacant State land.
consideration was two-fold. The first consideration Ordinary trading companies may acquire land as
consisted of an “immediate payment” (mu’ajala), may be required for their purposes. Companies Waqf gheir sahih or miri mauquf or takhsisat
also called the “price of the land” (tapu misl or, dealing specifically with land must obtain a special waqf (quasi mortmain)
shortly, tapu), and was sometimes referred to as licence from the High Commissioner. Land of this category was not waqf (mortmain)
the “fair price” (badl misl, properly badil methl). The land in the true sense of the word. It was miri land
second consideration was referred to as the “de- Miri (usufruct) land may be held jointly by two of which the State revenues were dedicated to pi-
ferred payment” (mu-ajjala) more commonly known or more co-sharers, so long as the shares were ous uses or the usufruct of which was dedicated
as the annual tithe (‘ushr). The immediate payment defined. There were two kinds of joint holding: to pious foundations. The ownership remained
was a one-time payment made as an entrance fee. ordinary partnership (ishtirak) and village or clan vested in the State. Quasi-mortmain land was held
Under the Ottoman regime it was assessed by local partnership (mushaa’). In the case of ordinary by private usufructuaries in the same way as any
experts on the basis of the fertility and situation of partnership the land need not necessarily be miri (usufruct) land proper. There were extensive
the land, i.e. on its economic value. The immediate distributed for purposes of cultivation periodi- areas of this nature in Palestine, mostly subject
payment was [during the Mandate] assessed by a cally. In the case of village or clan partnership the to the payment of the tithe by the Government
Commission and the Director of Land Settlement. land was distributed periodically (usually once to ancient imperial Moslem pious foundations
The mu-ajjala (deferred payment) was a proportion- in two to four years) for cultivation, which meant instead of incorporating such tithe in the normal
ate fee (originally paid in kind and later in money) that a usufructuary cultivated sometimes in one State budget. The Palestine Government, under
on the annual produce of the land, basically a tenth locality and sometimes in another. This mode of an agreement with the Supreme Moslem Council,
or tithe, or its equivalent where the land was used tenure must be distinguished from the communal the authority controlling Moslem pious founda-
for purposes other than crop raising. The Palestine (matruka) tenure. Clan partnership applied strictly tions, commuted the pious foundations tithes
Government had abolished the tithe, replacing it to usufruct land, that is, for ordinary agricultural to a fixed sum payable annually to the Supreme
with land taxes based on the value of the land and purposes, and each shareholder had a definite Moslem Council for the purpose of the Moslem
having no relation to any produce. share which could be freely acquired or disposed pious foundations.
of. As contrasted with this, communal tenure ap-
The grant of the tasarruf (usufruct) was also, legally plied strictly to matruka (communal) land, that is, Quasi-mulk (quasi-allodium)
speaking, conditional on the land being maintained for profits-à-prendre benefits only; secondly, the Before 1913 A.D. accretions added to usufruct land
under effective cultivation or other profitable use. land was assigned to the community as a whole (miri) were deemed the mulk (allodial) property of
This was to ensure the collection of the tithe by the without specific shares for the beneficiaries, and the usufructuary. Allodial accretions on usufruct
State. Originally miri (usufruct) lands were granted cannot be disposed of by the members of the land could, prior to 1913 A.D., be dedicated to waqf
for ordinary seasonal grain cultivation. In 1913 A.D. community either jointly or severally. (mortmain). As the inheritance law applicable to
the uses to which land could be put were extended miri land was different from the inheritance law
to almost every use not repugnant to public policy, Miri (usufruct) land must be registered in the Land applicable to mulk property, the land was deemed
provided always that the prescribed taxes and land Registry. Owing to the failure of the Ottoman land to follow the accretions for the purposes of devolu-
registry fees were paid and that the land was not registration machinery, a great deal of land in this tion. Some miri land, though in theory State land,
alienated to waqf (mortmain) tenure by subterfuge, nature was still held without registration or under became in practice assimilated to mulk land. If the
as had happened before. imperfect and obsolete registration. Under the accretions disappeared, the land was deemed to
Land (Settlement of Title) Ordinance an enquiry into have recovered its miri status. All accretions added
A usufructuary may in his lifetime dispose of his existing titles had been conducted since 1928 with to State land since 1913 A.D. followed the land,
usufruct right to other interests by transfer (faragh) a view to registering all titles to land. A consider- and the rules applicable to miri land were applied
on condition that he obtained the permission of able part of Palestine had already been covered to the accretions as well.
the State and registered the transfer in the Land and registered under a new system, resembling
Registry. Miri land may be mortgaged and sold to that called the “Torrens” system. Mewat (dead lands)
satisfy a mortgage. The usufructuary may not in any Mewat (dead lands) were unallocated or waste
way alienate his usufruct to waqf (mortmain) tenure. Matruka murafaqa (communal land) areas situated beyond the confines of inhabited
Usufruct land could, however, be converted into Land was designated matruka murafaqa (com- regions which could only be rendered cultivable
mulk (allodial) land if special leave was obtained munal land) when the profits-à-prendre user was by special effort. Such land could be granted
from the head of the State. assigned (takhsis) by the State to any specified gratuitously to usufructuaries if revived with the
communal interest. There was very little of such State permission, as an inducement to controlled
The tasarruf (usufruct) automatically devolved by land in Palestine. The assignment of the profits- development of waste lands. Clandestine revival
inheritance (intiqal) to statutory heirs in accordance à-prendre user must in every case be express. In was penalised by the payment of a consideration.
with the special State Land Inheritance Law. It may Turkish days the assignment was invariably con- [During the Mandate], the development of “waste”
not be devised by will. The absence of statutory veyed by letters patent of assignment in the form land without prior leave from the State was legally
heirs automatically terminated the grant of miri and of imperial rescript (firman humayun). Limitation a trespass. The conclusion was that mewat should
the land became mahlul (option) land, i.e. subject, of actions was not operative as regards communal have no significance and should be deemed un-
against payment, to re-grant to persons entitled to land. Any accretions added to communal lands by developed “vacant land” proper which cannot be
statutory options. In actual practice mahlul land squatters could be demolished. possessed except by allocation from the State.
rarely occured in Palestine.
Matruka mahmiya (common land) Based on: Survey of Palestine, Vol. I, London: Her
Co-sharers and those who jointly with the usuf- Matruka (common) land was allocated by the State Majesty’s Stationary Office, Reprinted in Full by the
ructuary enjoyed servient rights of way and water for the enjoyment of the public at large, possibly Institute for Palestine Studies, 1991, pp. 225-233.
49
P a r t I : G e n e r a l R e v i e w
The correct figure according to the Mandate is Muslim endowment in which land cannot be alien-
2.6 State Domain 12,577,000 donums. The Commission estimated ated, was criticized by the Commission as well.
that 20 percent of the country (of 22,000 km2, i.e. This was in line with Weizmann’s fear that Arabs
The terms “state land” or “state domain” – not 4,400,000 donums only) was under cultivation, may have resorted to protecting their land from
to be confused with Public Land although they another 15 percent was cultivable, leaving 14,000 alienation by converting it to Wakf.195
could be the same in some cases, see Hadawi km2 “uncultivated”190 including 1,059 km2 for pas-
comments below-- generally refer to lands which turage. The report concluded that 60 percent of The Land Commission was moreover of the
were reserved for public purposes or held by the the country was mewat. The Land Commission opinion that:
government on behalf of the people of the country report recommended that all uncultivated land
for their use and benefit. In other words, these for which no title deed was held and which was Every encouragement should be given to
lands were the property of the people collectively. one and a half miles from the outside houses of landowners to sell their excess areas and that
Soon after his arrival in Palestine, Herbert Samuel villages should be considered mewat. In urban there should be no restriction on sales. With
appointed a Land Commission (August 1920) areas, lands which had never been cultivated or regard to the fear that the fellah will alienate
to “ascertain the area and nature of the various for which there was no title deed should also be all his land, if the 300 donum restriction in the
kinds of lands which are at the disposal of the considered mewat.191 Land Transfer Ordinance is removed, we are of
Government”.187 Particular emphasis was placed opinion that, as he is dependent on his cultiva-
on mahlul and mewat land, (See Box: Land Tenure Although the Commission’s figures were highly tion as his means of livelihood having no other
in Palestine above) since the Turkish Government speculative, Samuel based his decisions on regular method of supporting himself and his
kept good records of the mudawwara ( jiftlik) land. them. While Article 103 of the Ottoman Land family and as he is an intelligent person and a
The Commission was required to report on lands Code allowed any person to revive any mewat keen agriculturist, he is not likely to part with
available for “close settlement” [by the Jews] and land, which according to the Commission was all his lands.196
“the more intensive cultivation of the soil by a extensive, Samuel repealed in December 1920
larger agricultural population”. The Commission Article 103, restricted the revival of mewat land As to the extent of ‘state land’ in the strict sense,
was likely created in response to a request by and punished those who did so under the 1921 the matter remained fluid and subject to various
the secretary of the ‘Zionist Commission’ to the Mewat Land Ordinance.192 Tibawi notes that, at political pressures. In its first report, the British
British to set up such Commission in May 1918188, the Foreign Office, the newly appointed under- Mandate government estimated the state pos-
at a time when the British were still proceeding secretary, Ronald Lindsay, ‘saw the injustice sessed 944,805 donums, of which 889,978
in the war to occupy Palestine. of the proposed ordinance’ and expressed his donums were cultivable, 42,242 donums was
misgivings at the abolition of the Ottoman Land marshland, 9,900 donums were pasturage and
Members of the Commission were indicative of its Code in ‘this brusque manner’, which was likely 2,685 donums were gardens. It also estimated
intentions. The real force behind this Commission to cause hardship. Samuel apparently ‘exploited’ “waste land” to be 2-3 million donums. As in the
and its land expert was Haim Margolis Kalvariski, the confusion during the transfer of responsibil- case of the Land Commission’s report, this was
a Russian-born Jew who was a member of the ity for Palestine from the Foreign to the Colonial a mere guesswork, and “a source of embarrass-
Commission and a land purchasing agent in his Office, and published the ordinance before it had ment to the authorities”.197
capacity as manager of the Palestine Jewish been officially approved. When he was asked by
Colonisation Association (PICA). The Arab mem- the Foreign Office to cancel the publication and Nevertheless, the government went ahead with
ber of the Committee was Faidhi al-Alami, a large give an explanation of the need to repeal the transferring land to Jews in a variety of ways.
land owner and a traditional notable who served Turkish law, he suggested the omission of the Baysan lands were transferred from being mud-
in the Turkish parliament (Majlis al Mab’uthan) words ‘close settlement’ from the preamble, but dawwara ( jiftlik) to privately owned land which
and who probably was not fully aware of the urged that the paragraph repealing the Ottoman was purchased by the Jews. The Concession to
extent of Zionist intent. The Commission was law should be kept. In the end Samuel received Pinhas Rutenberg for hydro-electric purposes
chaired by Major Abramson, a British official. The the approval he expected.193 remained a sore issue with Jordan until today
Commission’s report was essentially written by (See The Borders of Palestine, (a) The Border
Kalvariski (Faidhi was neither a land expert nor Aware of the government’s intentions, Arab vil- with Jordan, Section 1.3). The protracted cases of
conversant in English). lagers obstructed the work of that commission the Hula Concession198 , The Athlit, Kabbara and
which was established for the demarcation of Caesarea Concessions have been extensively
The Commission concluded that 857,566 don- mewat lands. Samuel reported in June 1922 dealt with by Smith199, Tyler200 and to some extent
ums were mudawwara land (for which Ottoman that mukhtars and peasants alike had refused by Stein.201 See, for Hula, Section 4.5.
records were kept) and 87,233 donums were to accompany the commissioners to their work,
mahlul land, most of which was “cultivable”. As and had resisted giving them the necessary The Palestine Government, in its statement to the
a result of the Commission’s recommendations, information. He added that ‘their determination Anglo-American Committee of Inquiry of 1946
the 1920 Mahlul Land Ordinance, which con- to give no help and their lack of confidence in outlined its general position in relation to state
trolled the use of mahlul land and any miri land the Administration and of the intentions of the domains as follows:
which had not been cultivated for three years, commissioners’ was marked.194 The Mewat and
was approved. Mahlul Land Ordinances were calculated to The public lands of Palestine are all those lands
make available for Jewish settlers even the small which are subject to the control of the Government
The Commission could not “state with any percentage of land in cultivable areas which had of Palestine by virtue of treaty, convention, agree-
degree of certainty the area of mewat land”.189 been uncultivated for one reason or another. ment and succession, and all lands which are
It also gave erroneous figures for the area of acquired for the public service or otherwise.
Palestine (22,000 km 2; the correct “official” The Commission also recommended splitting of Article 12 of the 1922 Order-in-Council requires
figure is 26,323 km2) and the area of the Beer mushaa’ (common) land so that individual owners that ‘All rights in or in relation to any public lands
Sheba district (14,853,400 donums “according to could dispose of their property (i.e. sold to Jews). shall vest in and may be exercised by the High
Turkish Statistics of 1914”). The latter figure is in The villagers naturally objected strenuously to Commissioner for the time being in trust for the
Turkish donums (or 13,654,730 in metric donums). this recommendation. The Wakf, the traditional Government of Palestine’.202
187 See letter of appointment of Major Abramson as the Chairman Ottoman Land-Law during the Palestine Mandate, 1917-1936”, 198 The Hula Concession was granted by the Turkish government to
of the Commission signed by N. Bentwich, Legal Secretary, 21 The International History Review 1 (March 1999). Edward a Lebanese family. Although the British confirmed it, they put so
August 19, 1920, and the Commission’s report dated May 31, Ingram (ed.), Canada, pp.27-56. many obstacles that it ended in Jewish hands. See, Saeb Salim
1921, PRO CO 733/18, 174761. 193 Cited by Huneidi, supra note 19, pp. 215-216. Salam, The Story of Hula Concession, 1914-193., Beirut: Private
188 Stein, supra note 29, p. 61. 194 CO 733/23, Political Report for June 1922. Publication, 1986. The author is son of the Concession holder.
189 CO 733/18, Samuel to Churchill, General Report of the Com- 195 Huneidi, supra note 19, p. 213 and 295, n. 123. See more details in Section 4.5 Changing the Landscape.
mission to Enquire into the Conditions of Land Settlement in 196 CO 733/18, Report of the Land Commission to Enquire into the 199 For a penetrating analysis of British policies regarding land in
Palestine, February 10, 1922. Conditions of State Land, August 1920 the first decade of the Mandate see, Barbara Smith, supra note
190 The meaning of this term is unclear, i.e., whether the land was 197 Report on Palestine Administration, July 1920-Dec 1921, pp. 22.
not cultivable or not cultivated. 114-115. Quoted in Warwick P.N.Tyler, State Land and Rural De- 200 For a study of state land policies in Palestine, including Con-
191 General Report of the Commission to Enquire into the Condi- velopment in Mandatory Palestine 1920-1948. Brighton: Sussex cessions and their effect on the agricultural development of
tions of Land Settlement in Palestine, supra note 189. Academic Press, 2001, p. 30. Note also Hadawi remarks that Palestinians see, Tyler, supra note 197.
192 For the limitations imposed on the Land Ottoman Code to serve non-taxable land was conveniently and erroneously registered 201 Stein, supra note 29.
the requirement of “close settlement” of land by the Jews, see as “Public”, Section 2.4 above and his further remarks in the 202 Survey of Palestine, Vol. I, supra note 3, pp. 255-56.
the excellent analysis: Martin Bunton, “Inventing the Status Quo: next paragraphs..
50
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
The public lands included, in general, mewat, Table 2.21: State Domain at the end of 1943
jiftlik or mudawwara and matruka. But these
lands varied greatly in physical characteristics Title Title not
Item Description Total
and in the extent and nature of ownership. It Settled Settled
was not possible to ascertain the interest of the (i) Lands used for public purposes, e.g., forests, railways, roads, etc. 219,695 619,858 839,553
government in large areas of these lands. The (ii) Lands occupied under tenures derived from the Ottoman regime 105,340 76,351 181,691
definition of public land in the Land Registry is (iii) Leased to Jews for long periods 75,273 99,815 175,088
largely arbitrary.
(iv) Leased to Jews for terms of less than 3 years 2,389 43 2,432
(v) Leased to Arabs for long periods 793 429 1,222
Sami Hadawi was a Land Valuer with the Mandate
(vi) Leased to Arabs for terms of less than 3 years 17,591 44,931 62,522
government for most of its tenure and participated
in the preparation of Village Statistics. He wrote (vii) Leased to others than Arabs or Jews 2,656 593 3,249
the following in explanation of public land:203 (viii) Earmarked for communal or public use 4,713 - 4,713
(ix) Uncultivable sand, marsh or rocks 167,429 - 167,429
Some explanation is necessary as to why lands (x) Unoccupied, including ‘paper’ claims - 84,699 84,699
falling in the matruka category were registered
(xi) Available for and offered on short term lease 20,082 - 20,082
at land settlement in the name of the High
TOTAL 615,961 926,719 1,542,680
Commissioner and later appeared under the
column of ‘Public’ in the ‘Village Statistics’: Source: A Survey of Palestine 1945-1946, Vol. I, Chapter VIII, p.267
Notes: All areas are in donums. The above figure of 1,542,680 donums stated by Government to be State Domain
differs from the figure of 1,491,657 donums, shown in the ‘Village Statistics 1945’. The difference of 51,023 donums
In 1926, the Palestine Government enacted
was planted citrus, bananas and other fruit trees, belonging to Arab farmers. For other notes see text.
the Land Settlement Ordinance providing for
the settlement of title to land. The procedure
then adopted was that mafruz (individually- the general benefit of the village. It was never Explaining the table, the Government statement
owned) and mushaa’ (owned in partnership) countenanced that a situation would ever arise stated that,
land would be registered in the name of the whereby the villagers would be deprived of their
owner in whole or in shares as the case may lands and homeland. The conclusions arrived at “It will be seen from a comparison of items (iii)
be. But in regard to other lands, these were to by Sir John Hope Simpson, who visited Palestine and (iv) with items (v) and (vi) that the Jews have
be treated as follows: in 1930 to report on Jewish immigration, land a substantial advantage over the Arabs in the
settlement and development, strengthened matter of leases of State Domain which was at
(1) Government privately-owned property (such the Arab argument that the lands of a village the free disposal of the Government. The oc-
as offices, hospitals, police buildings, post of- belong to its inhabitants and the Government cupiers of Government land under item (ii) are
fices, agricultural nurseries, etc.); forests and was duty-bound to develop such lands as are Arabs; their right to occupation derives from the
areas reserved therefore; public highways and not privately-held for the benefit of the village Ottoman regime and has never been seriously
railway tracks - registered in the name of ‘The as a whole. Sir Hope Simpson said: “It is clear, in dispute; the figure of 105,340 donums cov-
High Commissioner for the time being in trust however, that of the land which remains with the ers lands, such as the sandy wastes of Rafah,
for the Government of Palestine’. Government at the present time [1930] the area which, although within the areas of Arab oc-
(2) The common lands of the village used for is exceedingly small, with the exception of tracts cupation, include considerable patches of land
grazing of cattle and fuel gathering, village which, until developed, are required in their en- at present uncultivable. Even taking the areas
roads, schools, public threshing floors, cem- tirety for the maintenance of the Arabs already under item (ii) into account, however, the posi-
eteries, wadis (water-beds) - registered in the in occupation. It cannot be argued that Arabs tion, on the proportions of each community to
name of ‘the mukhtar (headman) for the time should be dispossessed in order that the land the total population, is in favour of the Jews. The
being in trust for the village’. should be made available for Jewish settlement. figure of 619,858 donums under item (i) includes
That would amount to a distinct breach of the forest reserves and consequently may include
Following the completion of land settlement provisions of Article 6 of the Mandate”. 204 land which is claimed by private persons and
operations in the first group of villages, the which at land settlement may be found not to
mukhtar of a Jewish settlement exercised The Simpson statement disposed of any doubt belong to the Government. Item (x) contains an
control over the stretch of village road running that the lands within the boundaries of an Arab assortment of claims not yet verified even as to
through his settlement on the grounds that it village or Jewish settlement, whether registered area or locality; they derive from various vague
was the private property of the Jewish settle- in the names of individuals, the mukhtar or Turkish registrations or old records left by the
ment. He prohibited passage of cars on the Government, belong to the village as a whole Turks. Item (ix) may appear to be a subject for
Sabbath and charged a fee during weekdays and no outside elements were entitled to experimental development, but if it had been
on through-traffic to the surrounding Arab acquire them. This fact was accepted by the possible to transform anything from this item to
villages. Palestine Government; for, in its reply to the item (xi) that would have been done for revenue
Jewish Agency’s demand for the allocation purposes. The figure of 167,429 includes 105,000
A committee (comprising the Commissioner of State Domain to the Jews, the Government donums of marshy or rocky land surveyed dur-
of Lands, the Director of Land Registry, the said: ing the operations of the Ghor Mudawwara
Director of Surveys and a representative of the commission; some of this may be allocated for
Attorney-General with Sami Hadawi acting as “The question of the availability of State Domain afforestation or grazing and some may in due
Secretary) met to consider the situation which has been examined by the Government in some course become the subject of development
had arisen. It was finally decided that the way to detail and it has been shown that, although leases and, in the case of the Beisan lands, of
overcome the problem was to register all lands there are large areas of State Domain, it cannot schemes for the consolidation of holdings. The
of the matruka category in the name of the High be assumed that the Government is in posses- remainder is rocky land in the Nazareth and
Commissioner. A few exceptions were, however, sion of extensive tracts of land which are lying Ramle sub-districts or sand-dunes in the Gaza
made in regard to village schools, threshing idle. In fact, in respect both of land to which area. The figure of 20,082 donums given in item
floors and cemeteries. the Government has a settled title and land (xi) represents the total area of lands which it
claimed by the Government as State Domain was thought on 31st December 1943 could be
No objection was raised by the Arab villag- but still subject to settlement of title, there made available for lease; some of these lands
ers at the time because they were in physical is very little that is not already put to some have subsequently been leased, some offered
occupation of their ‘common lands’ and were useful purpose. This fact is made clear by the for lease, while others are waiting treatment
aware that if any improvement were made by analysis of State Domain made at the end of under development schemes; some are oc-
the Government in them, that would be for 1943 in Table 2.21.” cupied on ‘implied’ leases.”205
203 Hadawi, supra note 145. 104, p. 268. Lands held under ‘implied’ leases were lands oc- were given the option to acquire full ownership on payment of
204 Cmd. 3686, The Hope Simpson Report, October 20, 1930, p. 59. cupied by Arab farmers who signed no leases but paid rent badl misl (badil methl), an amount based on the unimproved
205 Survey of Palestine, Vol. I, supra note 3, Chapter VIII, paragraph equivalent to the amount of tax. After land settlement the farmers capital value of the land.
51
P a r t I : G e n e r a l R e v i e w
Map 2.11: State Domain in Palestine Avraham Granovsky (Granott), former Chairman
of the JNF, estimated the distribution of state
land by district and by use.206 See Table 2.22.
Granott’s figure for public land (1945) is much less
than the official figure of the Survey of Palestine
(1943). Although Granott’s figures require further
verification, Tables 2.21 and 2.22 provide some
explanation for the large difference (362,834
donums). The area settled (in title) in one year
(end of 1943 and beginning of 1945) is modest at
22,661 donums and does not explain the differ-
ence, but the ‘unsettled’ area was reduced from
926,719 donums to 541,224 donums. This can
only be explained by the government’s decision
to release some unsettled land it reserved for
public purposes. Such reserved land was reduced
from 844,266 donums (item i, viii in Table 2.21)
to 58 percent of this value, i.e. 488,375 donums
(columns 2-5 in Table 2.22), which is the same
as reduction of the unsettled land. Neither land
leased to Jews nor to Arabs changed much in
this one year, although re-classification of some
small areas may have taken place.
Note: State Domain is not always identical with Public Land. The latter is often used to describe non-taxable land.
2.7 Beer Sheba
See Hadawi comments.
The Beer Sheba district was the largest district of
Palestine covering 12,577,000 donums.208 Yet, it is
Map 2.11 shows the “State Domain” as on 30 April on the coastline, Palestine Potash Company the least understood and most misrepresented.
1947 according to the British Mandate govern- Concession at the Dead Sea; confirmed or This is often attributed to the lack of interest in
ment. The “Unsettled State Domain” means that planned concessions in al Ghor and sand dunes the people of this dry region. There are a variety
the government had not yet ascertained its title on the coastal plain from southern Jaffa to Rafah. of sources for population and land ownership
deed. It will be seen that State Domain included Significantly, Beer Sheba land was not designated in the district. These include the 19 th century
Hula Lake; Kabbara, and Qisariya concessions “State Domain”. encyclopaedic La Description de l’Egypte which
206 Table 5, Granott, supra note 160, p. 102; and, Table 1.1, Tyler, and Israel? [Arabic] al-Hayat Newspaper, London, p.14, August D.C., September 1999.
supra note 197, pp. 34-35. 20, 1999 and Salman Abu-Sitta, “Response to Frederic Hof Es- 208 The district covers 62 percent of the current area of Israel.
207 Salman Abu-Sitta, “Which Borders between Syria and Palestine say, The Line of June 4, 1967,” Middle East Insight, Washington
52
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.22: State Domain by Sub-Districts at the Beginning of 1945 their scholar, Baron Max von Oppenheim, to do
the same.211
Lands in possession Land leased
Lands in public use of Government Lands The French sent a priest who lived in Jerusalem,
institutions To Arabs
Sub-District not Total
To Jews leased
Father Jaussen of l’Ecole Biblique, to do the
Roads and Dept. of Other Jiftlik Other
Railways same in Transjordan, southern Palestine and the
rivers Forests Institutions land land
1 2 3 4 5 6 7 8 9 10 Sinai.212 The British produced an excellent map
Acre 1,492 92 5 2,014 1,535 5,138
of the Naqab in 1914, which became the main
source of information for Allenby in his campaign
Safed 5,916 1,849 99 15,020 40,756 1,591 65,231
into Palestine in 1917. The famous Lawrence of
Tiberias 2,192 68 1,959 1,292 474 378 165 6,528
Arabia, made a fleeting visit to Beer Sheba in
Beisan 7,132 772 2,624 7,406 12,534 1,193 48,779 80,440 1914 disguised as an archaeologist, and wrote
Nazareth 7,730 410 11,180 2,441 438 13,110 35,309 a report on it under the title of “Wilderness of
Haifa 5,452 2,146 45,405 5,076 2,107 35,805 13,302 109,293 Zin”.213 Mention should also be made of the huge
Jenin 237 61 142,260 175 21,038 163,771 documentary work in 26 maps and 10 volumes
Tulkarm 10,673 1,127 3,699 1,055 512 5,648 5,219 27,933
of Palestine Exploration Fund, which started in
1871 and lasted 8 years, 4 years in the field and 4
Nablus 1,665 60,148 264 21 2,871 119,665 184,634
years of writing in London. This survey, however,
Ramalla 1,010 292 1,302
covered only one third of Beer Sheba district. It
Jericho 1,620 1,383 524 2,465 31,985 14,981 62,228 115,186 stopped at Wadi Ghazzeh in the south. All these
Jerusalem 300 20,703 600 11,835 33,438 European records left a wealth of information
Jaffa 5,940 537 1,426 157 7,078 962 16,100 about Beer Sheba clans, their names, numbers
Ramle 8,258 1,794 11 9,463 109 21,675 1,451 16,799 59,560 and land ownership.
Hebron 120 26,986 573 4,935 38,940 71,554
In the Beer Sheba district, local clans had almost
Gaza 24,588 2,146 43,431 1,853 40,941 755 24,956 138,670
complete independence to govern their own af-
Beer Sheba 715 845 64,199 65,759
fairs. The authority of the Sultan’s representative
TOTAL 83,315 9,153 362,648 33,259 85,574 112,248 173,503 320,146 1,179,846 (mutassarref) in Jerusalem was confined to main
Of this: cities aided by a small garrison. This was espe-
Areas in which cially true in Beer Sheba. The clans were never
Land Settlement 83,315 9,153 111,541 30,923 66,699 68,396 78,661 189,934 638,622 conscripted, but they would acquiesce to the
had been
completed
Sultan’s wishes, if so persuaded, to put forward
a ‘regiment’ to aid the war effort. They would go
Area in which
and return as an independent unit. That was the
Land Settlement
0 0 251,107 2,336 18,875 43,852 94,842 130,212 541,224 case when in 1914/1915 they sent 1,500 cavalry
had not been
completed to fight the British at the Suez Canal. Clans also
had their own internal wars, almost always about
Source: A. Granovsky (Granott), The Land System in Palestine: History and Structure, Eyre and Spottiswoode,
London, 1952, Table 5, p. 102 and Warwick P.N. Tyler, State Land and Rural Development in Mandatory Palestine the territory of their homelands. Well before the
1920-1948, Sussex Academic Press, Brighton, 2001, Table 1.1, pp.34-35. 1858 Ottoman Land Law, trespassing on another
clan’s property was a valid reason for a ‘war’ which
could last for twenty years. As was customary in
Table 2.23: Cultivated Land and Rainfall (1948) and Population (1998) of Beer Sheba Tribes Palestine, land boundaries were well marked by
a wadi, road, distinctive trees, a cairn or other
LAND AREAS UNDER DIFFERENT CONDITIONS (donums) landmarks known to everybody.
TRIBE Wheat/ Of which:
Crop: Wheat Barley Grazing
Barley Population Within the tribal land, everyone knew the limits
By order of Tribal Cultivated in 1998 Remaining
Rain: Wet Rainy Fair Dry of his own property. All suitable lands were cul-
rainfall Land Area in Israel
% Rain over Rain Rain Rain tivated. This kind of cultivation depended on the
cultivated 300mm/yr 300-200 200-100 less 100 rainfall. For areas north and northwest of Beer
Hanajreh 78,325 78,325 100.00% 78,325 46,666 Sheba town, rainfall exceeded 300 mm/year and
Jbarat 379,175 379,175 100.00% 319,175 60,000 55,625 was suitable for growing wheat in winter and sum-
Tarabin 1,362,475 1,089,980 80.00% 90,825 300,825 970,825 201,956 1,356 mer crops like maize and watermelon in summer.
All the area, from Majdal in the north to Wadi
Tayaha (a) 48,325 507,500 64,175
Ghazzeh in the south, grew wheat. The reverend
Zullam (b) 198,325 636,675 630,825
W. M. Thompson who visited the area in April
Total Tayaha
2,085,825 1,543,511 74.00% 48,325 705,825 700,850 630,825 207,968 108,185 1856 wrote in his book The Land and the Book,
(a+b)
Azazema 5,700,000 427,500 7.50% 1,621,675 4,078,325 111,323 8,486 when he scanned the horizon, “wheat, wheat,
Saidiyeen 1,238,375 1,238,375 8,058 an ocean of wheat”.214 The head of the British
Geological mission to Palestine, Hull, observed,
Ehewat 1,732,825 1,732,825 7,400
in 1883 when he visited the area, “the extent of
Beer Sheba
Town and the ground here [near Beer Sheba] cultivated, as
42,244
Police well as on the way to Gaza, is immense and the
Stations
crops of wheat, barley and maize vastly exceed
TOTAL 12,577,000 3,518,491 28.00% 536,650 1,066,650 3,293,350 7,680,350 681,240 118,027
the requirements of the population”.215 He thought
the territory looked like southern Italy. In 1863,
includes a detailed description of Arab clans all work of the Austrian-Czech scholar, Alois Musil, Victor Guerin, the French scholar who wrote seven
the way from Cairo to Damascus.209 Nineteenth unofficially the agent for the Hapsburg Empire, volumes and drew maps of all Palestine, noted the
century sources include records of European documented the names, numbers and lands land ownership of each clan.216 On crossing the
travellers, priests, spies, officers and some for all clans, including those in Sinai, Syria and territory, he was challenged by each clan upon
Syrian and Egyptian historians. The voluminous Hejaz.210 Not to be outdone, the Germans sent entering their land.
209 Prepared by Napoleon’s 79 savants during his venture into the 212 P. Antonin Jaussen, Coutumes Des Arabs au Pays de Moab. Nelson, 1911, p. 556. For agriculture, see Section 2.2 herein.
Arab east in 1799. Paris: Libraire D’Amerique et D’Orient, 1948. 215 Edward Hull, Mount Seir; Sinai and Western Palestine. London:
210 Alois Musil, Arabia Petraea. 3 Volumes. Vienna: Kaiserliche 213 C. Leonard Woolley and T.E. Lawrence, The Wilderness of Zin. Richard Bentley and Son, 1885, p. 139.
Akademie der Wissenschaften, 1908. London: Palestine Exploration Fund, 1914. Reprinted: London, 216 Victor Guérin, Description de la Palestine. 7 Volumes. Amster-
211 Max von Oppenheim, Die Beduinen. Zurich: Georg Olms Verlag, Stacey International, 2003. Referred to in Section 2.3 herein. dam: Oriental Press, 1969 (reprint). See Vol. II, pp. 178-290.
1983 (reprint). 214 W. M. Thompson, The Land and the Book. London: Thomas
53
P a r t I : G e n e r a l R e v i e w
The southern half of the district, south of 31◦ 1945-1946 which covered the heavily populated American Committee of Inquiry that “it is not
N, has rainfall of less than 100 mm/year, hence northern half of the district. The photographs safe to assume that all the empty lands south of
sustained agriculture is minimal. Apart from show intensive and close cultivation everywhere. Beersheba or east of Hebron, for instance, are
grazing, this southern half is rich in minerals and According to Sami Hadawi, mewat” (dead land), is proof that Government
archaeological sites dating back to the fourth recognized Arab rights and interests in these
century A.D. The northern half is fertile. Before The first estimate of the‘ cultivable’ lands of the lands. In the circumstances, it is wrong to
1948, ninety-five percent of the population lived in area was put at 1,500,000 donums which the presume that the figure of 10,573,110 donums
the north and cultivated their land extensively.217 Government Department of Surveys admitted appearing in the ‘Village Statistics’ under the
Only five percent lived on grazing. was mere ‘guesswork’. When Sir John Hope separate column of ‘Uncultivable Land’ is
Simpson visited Palestine in 1930 to study government-owned. 224
The British Mandate government listed 77 official the land situation, the estimate quoted to him
clans (ashiras) grouped into seven major tribes was raised to 1,640,000 donums. This figure Hadawi statement is correct. Before the Zionist
who lived in and owned the land in the Beer remained in use and was eventually quoted in encroachment on Palestine, neither the Ottoman
Sheba district. The town of Beer Sheba was the the 1943 edition of the ‘Village Statistics’. The nor the British authorities in Palestine challenged
district capital. There were about a dozen police 1945 edition showed the area of ‘cultivable’ land the individual land ownership in Beer Sheba dis-
stations in the district. The major tribes, their land as 2,000,000 donums. trict. In fact, the dafteri-i-mufassel (detailed [tax]
and rainfall in addition to their population in 1998 register) of 1596 lists several locations in Beer
are listed in Table 2.23. The land experts of the Jewish Agency chal- Sheba which paid taxes on grains and summer
lenged these figures on every occasion [for crops which they cultivated.225
The land ownership had always been held by cus- reasons of colonization]; and, in the opinion of
tomary law, on which basis individual plots were this writer [Hadawi], rightly so. 221 For example, At the end of 19th century, the Ottoman authori-
sold, inherited, mortgaged, rented or divided and Mr. A. Granovsky (Granott), writing on behalf of ties sent a mission to Beer Sheba to register land
taxes paid. The official records identifying general the Keren Kayemeth LeIsrael (Jewish National holding. Its report of 4 May 1891 (the Ottoman
land ownership of each clan were first prepared Fund), criticized the figure of the Palestine Archives IMMS 122/5229) states that the authori-
in relation to the first boundary between Egypt Government of 1,640,000 donums, and said: ties decided,
and Palestine. (See The Borders of Palestine, (a) “What applies to the rest of the country also
The Border with Egypt, Section 1.3.) Official cor- applies to the Beersheba sub-district: that the To register these lands in the Gaza District of
respondence regarding the boundary with Egypt size of its cultivable area is not identical with Jerusalem Mutassarefiyat and cultivated by ‘ur-
over the period 1895-1906, culminating in the that already cultivated. In that region, also, ban (tribes) at the Land Registry (tapu) since the
Palestine-Egypt Agreement signed on October the areas brought under cultivation become absence of this registration may cause conflict
1, 1906, acknowledged the existence and prop- more extensive every year. From the figures of and infighting…
erty of the Beer Sheba clans.218 W.C. Churchill, the Agricultural Department of the Palestine
Colonial Secretary and Herbert Samuel, the first Government, it appears that the cultivated area To delimit and record the lands of each tribe the
High Commissioner of Palestine both recognized of the Beersheba sub-district was increased by officials delineated 5 million donums out of lands
customary law and land ownership in the Beer more than 65 per cent during the five years of exceeding 10 million donums [of the District]
Sheba district.219 The Mandate government also 1931-1935, thus: 1,266,362 donums; 1,380,742 among its long-time holders with the approval
confirmed that legal jurisdiction in the Beer Sheba donums; 1,493,682 donums; 1,345,429 donums; of the Special Military Committee. Then the
district would be governed by tribal custom and 2,109,234 donums”. approval of the Sheikhs was obtained.
waived the Land Registry fees to facilitate acquisi-
tion of title deeds. The clans did not take up the Mr. Granovsky went on to point out that “The As stated earlier, the British Mandate authori-
offer, however, as they saw no need for confirming experts of the Jewish Agency estimate the ties recognized Beer Sheba land ownership
land ownership on paper. cultivable area of the Beersheba sub-district at and provided tractors, fodder and grain (at
3,500,000 donums, apart from any new tracts times of drought) to help improve agricultural
The 1920 Land Commission estimated in its which may become cultivable in the future when produce.226
report220 that the cultivated land in Beer Sheba, supplies of underground water are found and
on the basis of agricultural production and taxes, provision is made for storing the rainwater which In terms of land ownership, the British prohibited
was 2,829,880 donums plus the major share of now runs off unused”. 222 the transfer of lands to Jews in Beer Sheba in ac-
1,059,000 donums (grazing land). The report cordance with the 1940 Land Regulations. Jewish
wrongly used double the commonly accepted Sir John Hope Simpson supported the Jewish ownership in Beer Sheba district was very small.
crop yield/donum value, hence the correct area Agency contention when he said: “There is Much land claimed by Jews in Beer Sheba had no
should be double that calculated. Further, the practically an inexhaustible supply of cultivable legal foundation. (See Land in Jewish Possession,
cultivated area was estimated on the basis that land in the Beersheba area” given the possibility Section 2.5.)
the land was cultivated one year and left fallow for of irrigation. 223
another year. While this may have been acceptable The Mandate never considered Beer Sheba land
for moderate rainfall, it was not so for light rainfall As regards the ‘uncultivable’ lands of the to be State Land (See Map 2.10.) When the first
as in Beer Sheba where the fallow years may be Beersheba sub-district, here also the rights British High Commissioner Samuel and legal
one, two or three. Therefore the cultivated area in of the bedouin tribes should not be ignored. secretary Bentwich, known for their Zionist sym-
Beer Sheba could be at least double this figure, Neither the Ottoman Government nor the British pathies, overturned article 103 (mewat Land) of the
or about 5,500,000 donums. Other estimates for Mandatory ever interfered with these rights 1858 Ottoman Code which allowed reviving the
cultivated areas, based on rainfall figures less over the whole territory. The whole of these barren land, in a new Ordinance which punished
than 100 mm/year give a minimum of 3,750,000 lands are traditionally recognized to belong to those who do, the Mandate authorities did not
donums and a maximum of 5,500,000 donums the bedouin tribes, while certain bedouin tribes enforce this law. (See Section 2.6.)
plus about 750,000 donums for grazing. Thus, it of Jordan and the Sinai Peninsula exercised
is evident that the regularly cultivated and owned pasturage rights during certain periods of the A more lenient view has been taken and it was the
land in Beer Sheba was a maximum of 5,500,000 year. The fact that the Palestine Government practice during the Mandate to make Tapu grants
donums of which 3,750,000 donums was culti- did not include these lands under the column on payment of Bedl Mithl to persons who can
vated annually. Further evidence is provided by of ‘Public’ but showed them separately and show that they broke up mewat and have revived
the aerial survey conducted by Royal Air Force in admitted in its memorandum to the Anglo- the land before the Ordinance date, even though
217 The population of Beer Sheba district now is about 750,000 rainfall with a corresponding increase in areas ploughed. On Sheba land at: http://www.plands.org/store/writing/BS_re-
(2008), 80% are refugees. the basis of the schedules of production prepared for the Food port_2009.pdf.
218 Bramly Papers, supra note 51. Controller, the ‘cultivated’ area was then estimated to be closer 226 Fortnightly reports of Gaza District Commissioner dated De-
219 Public Records Office CO 733/2/21698/folio 77, March 29, 1921; to 4,000,000 donums. cember 4, 1941 and September 9, 1947 (particularly the latter) in:
McDonnell, Law Reports of Palestine, 1920-1923, p. 458. 222 Granovsky, supra note 160, p. 64. Jarman, R.L., Political Diaries of the Arab World: Palestine and
220 Public Records Office CO 733/18-174761, May 31, 1921. See 223 Cmd. 3686-Report on Immigration, Land Settlement and Jordan, Reading: Archive Editions, 2001. The British Mandate
supra note 187, 185. Development, 1930, by Sir John Hope Simpson, p. 20. government provided tractors and fodder to Palestinian farmers
221 In 1944 Sami Hadawi visited Beersheba and discussed with the 224 Hadawi, supra note 141. in addition to agricultural inspectors in order to improve their
district authorities the possibility of applying the Rural Property 225 See Hutteroth and Fattah, supra note 108 and Report to the production and help them in drought years in recognition of
Tax Ordinance in the area. That year saw an abundance of International Fact Finding Mission on the confiscation of Beer their ownership of Beer Sheba land.
54
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
without authorization to do so.227 The practice of Table 2.24: Airfields (Airports and Landing Grounds) and Military Camps in Mandate
not enforcing this Ordinance was confirmed by the Palestine
last official report by the Government of Palestine, AIRFIELDS CAMPS
prepared for the Anglo-American Committee of S. District S. District
Name Name
Enquiry in 1947. In its concluding report, the official No. Name No. Name
Survey of Palestine stated: 1 al Metulla (in Lebanon) 1 Safad Rosh Pinna
2 Safad Qadas 2 Acre al Bassa
It is frequently difficult to assume that there was
3 Safad Rosh Pina 3 Acre Farm Labour Camp (Acre)
in the past no grant, and consequently it is not
4 Acre St. Jeans / Acre 4 Acre Ras al Naqura
safe to assume that all the empty lands south
5 Acre al Bassa 5 Acre Sydney Smith Camp (Acre)
of Beer Sheba or east of Hebron, for instance,
are mewat. 6 Acre al Damun 6 Haifa al Tira
… 7 Haifa Hadera (Khudheira) 7 Haifa Atlit Clearance Camp
It is possible that there may be private claims to 8 Haifa Haifa 8 Haifa Daliyat El-Carmel
over 2000 square kilometres which are cultivated 9 Tiberias Samakh 9 Haifa Haifa: Barracks
from time to time. The remainder may be consid-
10 Nazareth Ramat David 10 Haifa Haifa: Concentration
ered to be either mewat or empty miri.228
11 Baysan Baysan 11 Haifa ‘Isfiya
12 Jenin Birqin 12 Haifa Jail Labour Camp (Atlit)
In order to confiscate Beer Sheba land, the Israeli
government considered this land terra nullius, 13 Jenin Jenin 13 Haifa Nesher
roamed only by nomads. On the basis of assuming 14 Jenin Megiddo 14 Haifa Pardes Hanna
this land to be mewat according to the Ottoman 15 Jenin Zir’in 15 Tiberias Samakh
Land Code, Israel promulgated a law classifying 16 Tulkarm Dannaba 16 Nazareth ‘Afula
this land as State Land and confiscated it. This
17 Tulkarm Ein Shemer /Jatt 17 Tulkarm Tulkarm
is historically and legally false (More details will
18 Jaffa Lydda (major) 18 Tulkarm Tarifa Barracks
follow in Section 4.4).
19 Jaffa Tel Aviv 19 Tulkarm Umm Khalid / Netanya
The population of Beer Sheba has been consist- 20 Ramle Aqir / Eqron 20 Jaffa Ijlil al-Shamaliyya
ently undercounted. Aref’s estimate of 47,632229 21 Ramle el Ramle 21 Jaffa Tel Litwinsky
persons in 1931 was the first count ever made. It 22 Ramle Kfar Sirkin / Petah Tiqva 22 Ramle Aqir / Eqron
provided reasonable basis from which to build a 23 Ramallah Kalandiah (Jerusalem) 23 Ramle Bir Salim
database. As Aref himself noted, this figure omits
24 Gaza al Faluja 24 Ramle Junction Camp
El Ehewat and other small tribes who resided in
25 Gaza Gaza 25 Ramle Sarafand al ‘Amar
Palestine, Egypt and Transjordan. It also excluded
the town of Beer Sheba and over a dozen police 26 Gaza Nuseirat 26 Jerusalem Jerusalem
stations - soldiers, their families, small shops and 27 Gaza Be’er Tuvya 27 Jerusalem Latrun Detention Camp
some schools. It also undercounted the female 28 Gaza Rafah 28 Gaza al Majdal (Ashkelon)
population. The latter can be estimated by refer- 29 Beer Sheba Abu Hureira 29 Gaza Dimra
ence to the male population. An appropriate cor- 30 Beer Sheba Asluj 30 Gaza el Bureij
rection factor is 1.0825. The general undercount
31 Beer Sheba Nuran 31 Gaza Gaza
may be corrected by a factor of 1.11. The total
32 Nablus Wadi el Far’a 32 Gaza Hirbya / Bayt Jirja
correction factor is therefore 1.2. When applied
to 47,632, the result is 57,265. 33 Jerusalem Jericho 1 33 Gaza Nuseirat
34 Jerusalem Jericho 2 (disused) 34 Gaza Qastina
The tribal population of all Palestine was estimated 35 Gaza Rafah
in 1931 census to be 66,553, of which 57,265 re- 36 Baysan Baysan
sided in Beer Sheba. This figure remained constant 37 Ramle Ras el ‘Ein
in all subsequent Mandate reports. Using a factor
of natural increase of 3.63 percent for the Muslim
population, the population of Beer Sheba in 1948 were very few strategic installations. The latter, airports and landing grounds, of which three
was about 105,000, of which about 92,000 became however, was the site of important and ancient were located in Gaza Strip, three in Jenin close
refugees in 1948. (See Al Nakba Register, Section Palestinian towns such as the old city of Jerusalem, to the Armistice Line, one in Jerusalem and one
3.3, for a listing of all tribes, their population and Nablus, al-Khalil (Hebron), Jenin and Gaza. in Lebanon near al-Metulla. Lydda was the largest
location today.) civil airport in Palestine. Kalandiah (Jerusalem)
When the state of Israel was declared on May 14, was next in importance. The rest were used for
1948, it had under its disposal ‘instant’ govern- military purposes. They varied from full-fledged
ment infrastructure, not to mention the immense air bases to simple landing grounds located in key
2.8 Infrastructure, Public government records on land, survey maps, aerial areas of the country. Not listed in the table are
Amenities & Religious photos, municipal records, statistics offices, a post the following: Umm Rashrash (later Eilat) landing
227 F.M Goadby and Moses Dukhan, The Land Law of Palestine, 228 Survey of Palestine, Vol.I, Chapter VIII, para 77, 82, pp. 256- 229 Aref Al-Aref, Bedouin Law. [Arabic] Jerusalem: Jerusalem Press,
Tel Aviv, Palestine, 1935, p.64. 257. 1933.
55
P a r t I : G e n e r a l R e v i e w
Table 2.25: Roads and Railways in Table 2.27: Wells, Springs and Cisterns by District in Mandate Palestine
Mandate Palestine
Length (Meters) S. District Water
Feature Well Cistern Spring Water Tower Sub Total
a b No. Name Tank TOTAL
Railway (including AL Location a b a b a b a b a b a b
490,726 137,751
marshalling yards)
1 Safad 14 11 268 14 4 311 - 311
Dismantled Railway (1917) 208,227 17,995
2 Acre 72 78 62 22 234 - 234
Railway Stations (number) 42 14
3 Haifa 256 4 209 71 540 - 540
Major Roads 2,162,867 1,004,979
4 Tiberias 15 20 97 50 8 190 - 190
Minor Roads 20,364,698 8,853,772
5 Nazareth 55 18 68 24 165 - 165
Notes: Length as measured. Some dismantled rail- 6 Baysan 8 1 97 1 30 4 140 1 141
way lines were reconstructed. Some railway stations
were not clear enough to be listed. Area (a) refers to 7 Jenin 8 39 3 80 61 29 1 3 1 1 74 152 226
occupied Palestine in 1948, (b) occupied in 1967. 8 Tulkarm 128 19 5 97 6 48 1 12 - 199 117 316
9 Nablus 48 446 5 191 10 10 5 705 710
10 Jaffa 438 3 27 2 470 - 470
Table 2.26: Government, Public and 11 Ramle 277 9 99 50 9 13 44 5 3 432 77 509
Service Buildings and Installations
12 Ramallah 55 269 255 3 9 - 591 591
Description Number
13 Jerusalem 21 72 106 689 95 89 5 6 4 12 231 868 1,099
a b
14 Gaza 92 79 94 32 1 31 17 1 219 128 347
Civic Structures 57 90
15 Hebron 97 87 151 831 11 107 3 259 1,028 1,287
Agriculture, Animals, Fish
647 695 16 Beer Sheba 268 4 144 5 20 1 8 1 434 17 451
Ponds
Government 108 13 TOTAL 1,749 412 737 2,499 1,009 685 368 53 40 35 3,903 3,684 7,587
Nature 239 744 Notes: Armistice Line (AL) location in (a) = Palestine 48 within the Armistice Line, or (b) = West Bank and Gaza
Industry 268 667 Strip including Latrun and Jerusalem DMZ
230 Shukri Arraf, Geographical Locations in Palestine: Arabic and Society for Repairing Holy Islamic Sites, 2002, 4 volumes; and 232 Meron Benvenisti, Sacred Landscape: The Buried History of the
Hebrew Names [Arabic]. Beirut: Institute of Palestine Studies, Survey of Mosques and Cemeteries in Palestine. Israel, Kafr Holy Land. Berkeley: University of California Press, 2000, p. 273.
2004. Barra: Al-Aqsa Association for Protection of Al Wakf Properties, He describes the conversion, the neglect or the acquisition of
231 Report on Islamic Sites Project. Israel, Umm el Fahm: Al-Aqsa 2002. such sites according to the religious beliefs of the ruling power.
56
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.28: Religious Sites by District in Mandate Palestine excluding Jerusalem Old City
Notes: Location with respect to the Armistice Line (AL): (a) occupied Palestine in 1948, within AL, (b) occupied in 1967, outside AL. Jerusalem Old City is excluded from this table
and shown in detail in Map 2.13. Exclusions are 140: 42 mosques, 14 maqams, 23 churches, 38 Christian Institutions, 23 synagogues from Jerusalem Old City.
Table 2.28 shows a list of 3,674 religious sites After the Israeli conquest of Palestine, the new of the Jews. In the end, no more than about 5%
in Mandate Palestine, excluding Old City of state ‘reclassified’ ancient Palestinian sites in of the land of Palestine came under Jewish legal
Jerusalem which is shown in Map 2.13. Over half their own fashion. Israeli Prime Minister Ben possession.
of these sites (2113) fell under Israel in 1948, and Gurion convened a committee in 1949 to erase
the rest (1,561) in 1967. Palestinian names and replace them by Hebrew From Table 2.14 discussed above, it appears that
names. (See Section 4.2 Plunder and Destruction a reliable estimate of the official area acquired by
Further research by Shukri Arraf and Al Aqsa of Palestinian Landscape.) Many of these names, Jews in the Mandate period from 1920-1944 is
Association showed an additional 1,037 sites. especially if related to religious sites, were given 927,165 donums (1944). Most references agree
Thus a total of 4,711 sites are located within an names from the Torah and Talmud. The ancient on this figure or can be shown to be reduced
area of 14,000 sq. km which was heavily popu- sites called khidr or khudr, signifying (green) reli- to it. The Jewish-acquired land in the Ottoman
lated. This indicates an unusually high density gious colours, are revered by Palestinians across period is uncertain because of its uncertain
of such sites, at an average of one site every 3 the ages to this day. The name Quqa (guardian areas, measurements, legal classification and
sq. km. It is no wonder that Palestine deservedly of kokim) is frequently a name of a Palestinian the absence of complete records. However, if
acquired the title of the Holy Land. family whose ancestors must have taken this we accept Stein’s figure for which he states that
job in old times. “records are available”, the pre-Mandate figure is
The number of mosques in Table 2.28 is sig- 454,860 donums. With the addition of acquisitions
nificantly undercounted. There are over 774 in 1945-46, the final figure of Jewish-ownership in
Palestinian villages within the Armistice Lines, of Palestine on the eve of creating the state of Israel
which 559 are main (capital) villages. Each likely 2.9 Summary of Land is 1,429,062 donums. Higher figures claimed by
had one mosque, probably two. The 16 Palestinian
towns each had 5-10 mosques, making a total of
Ownership the Zionist colonization companies cannot stand
serious scrutiny.
80-160. The total number of mosques should be From the previous discussion in the preceding
around 800-1,000. Why only 239 mosques were Sections, it becomes evident that the land of The location of the Jewish land, not its area, is
recorded within the Armistice line is difficult to Palestine, like that of neighbouring Arab countries, extremely important. It is located in the most
explain. Perhaps the identified mosques on maps is the asset of the umma (nation) and the patrimony fertile part of Palestine and has abundant water
were only prominent concrete or stone structures, of the people who lived on it for centuries. The land resources. The productivity of the acquired land
while modest mosques in converted houses ownership, entirely and exclusively for the benefit and its economic impact far exceeded the impres-
or open yards (musalla) were ignored. Some of the umma, has been organized and protected by sion created by its small area. Furthermore, the
maqamaat were used for prayers as well, but this Islamic law. The latest major law was promulgated location of this land on the Mediterranean board
is not counted as mosques. All 695 cemeteries by the Ottoman state in the form of Ottoman Land afforded unlimited access to Europe where Jewish
(three times the number of mosques) were marked Code of 1858. Whatever advantages or defects immigrants came from. Ships carrying immigrants
on the maps. Archaeological sites (marked Ruins) were inherent in this Code, they were enjoyed or and arms landed frequently in clandestine opera-
have been added to this list as many of these sites suffered by the same community. tions on the length of the Palestinian coast. Other
have religious connotations. area of Jewish land controlled northern regions
The tortuous British Mandate, which lasted 28 of River Jordan and the plain between it and the
The maqamaat received considerable attention years, vacillated between yielding to the power coast (Marj ibn ‘Amer). Interestingly, none of this
from Christians, Jews and of course Muslims. and influence of the Zionist movement in favour of was located in Biblical Israel.
European Christians took a special interest in the a ‘national home for the Jews’ in Palestine and its
subject as they thought this would be the key to duty toward the “sacred trust of civilization” which There are two further categories of Jewish-
explain the Bible and verify its authenticity. The required Britain to respect Palestinian national claimed land. The first is shares in Common land
volumes of the Survey of Western Palestine (1871) rights in their own country.233 The resistance of the (mushaa’). That was the traditional village system
devoted many pages to the origin of maqamaat Palestinians against the Zionist plans dampened by which the people of a village shared a piece
and to kokim (open graves). some of the efforts to alienate more land in favour of land and cultivated it in turns by one family or
233 For the fluctuating British policy in planning and development, as Lanscape: British Imperial Rule in Palestine, 1929-1948, London
examined using Israeli archives, See: El-Eini, Roza I.M; Mandated and New York: Routledge, 2006, particularly pp. 254-280.
57
P a r t I : G e n e r a l R e v i e w
Table 2.29: Ownership of Land in Palestine according to Official Records ably originates from the assumed area of Israel.
The estimate by Berncastle, the first land expert
Category of land (Fiscal appointed by UN Conciliation Commission on
Arabs & other non-Jews Jews Total
categories) Palestine (UNCCP), gave a rough initial estimate
Urban 76,662 70,111 146,773 shown also on Table 2.30, giving somewhat
Citrus 145,572 141,188 286,760
lesser area than Hadawi in northern and central
Palestine.
Bananas 2,300 1,430 3,730
Rural built-on area 36,851 42,330 79,181
The next UNCCP expert, Frank Jarvis, gave a
Plantations 1,079,788 95,514 1,175,302 detailed estimate234 of refugees’ land of 5,194,091
Cereal land (taxable) 5,503,183 814,102 6,317,285 donums 235 for northern and central Palestine,
Cereal land (not taxable) 900,294 51,049 951,343 compared to Hadawi’s figure of 6,581,012. Jarvis
Uncultivable 16,925,805 298,523 17,224,328 compiled 453,000 individual (R/P1) forms of
Total Area 24,670,455 1,514,247 26,184,702
Palestinian ownership. This remains the most
detailed available record of the land property of
Roads, railways, rivers and lakes 135,803
Palestinians. As Jarvis admits, his forms (R/P1)
TOTAL (donums) 26,320,505
neither represented total Palestinian (non-Jewish)
Source: Survey of Palestine, Vol. 2, Table 2, p.566, based on fiscal records. Areas in donums. land, nor covered all villages. 236 For example
Ramleh urban records are incomplete, 8 villages
west of Jerusalem and 3 others are totally missing.
Beer Sheba district is completely missing from
Table 2.30: Scope of Palestinian Arab Land in Israel according to Hadawi, Kubursi and Jarvis estimate.237 Regardless of all the missing
UNCCP (Berncastle)
village records, if we add Beer Sheba district to
S. Area1 Area2 Jarvis’s incomplete figure of 5,194,091 donums,
Region Type of Land
No. (donums) (donums)
we get 17,771,091 donums of Palestinian land in
Urban 112,000 Israel. Various sources cited above give indicative
Citrus and banana (tax categories 1-3) 132,849 121,184 and comparable estimates of the total Palestinian
Village built-up area (tax category 4) 21,160 14,602 land taken over by Israel in 1948. Our estimate
Cultivable (tax categories 5-8) 471,672 303,750 of 18,825,938 donums is based on the shown
1 Northern and Central Palestine Cultivable (tax categories 9-13) 2,937,683 2,113,183
re-analysis of available sources.
Cultivable (tax categories 14-15) 444,541 201,495
The Israeli estimates are very low and cannot be
Uncultivable 2,377,946 1,431,798
supported by evidence. Weitz, the well-known
Roads, etc. 83,161 Jewish land settlement official, gave a figure for
Sub-total 6,581,012 4,186,012 Palestinian land of only 2,000,000(!) donums,
Cultivable 1,834,849 later increased to 3,400,000 donums. The Israeli
2 Beer Sheba District Uncultivable 10,303,110 Ministry of Agriculture gave a figure of 16,593,000
donums. See Table 2.31. The Israeli assumption
Sub-total 12,450,000 12,137,959
is that only fully-documented individual land lots
3 Jerusalem Sub-total 5,736
or houses represent the extent of Palestinian
Palestine 1948 GRAND TOTAL 19,031,012 16,329,707
property, all the rest is assumed to belong to Israel.
Sources:
International law and historical records consider
1 Sami Hadawi, Palestinian Rights and Losses in 1948: A Comprehensive Study. Part V: An Economic the Jewish legally-purchased land is the extent of
Assessment of Total Palestinian Losses written by Dr. Atef Kubursi, Saqi Books, London, 1988, p.113. Jewish ownership. The rest of Palestine is owned
2 Berncastle’ final report entitled “Valuation of Abandoned Arab Land in Israel”, UNSA DAG 13-3, UNCCP in J.M.
Berncastle, Land Specialist/Box 35/1951/Reports, Refugee Office. This is quoted by Michael R. Fischbach, by Palestinians. Accordingly, the United Nations
Records of Dispossession, Palestinian Refugee Property and the Arab-Israeli Conflict, Columbia University General Assembly resolutions call on all member
Press, New York, 2003, p.121.
states, including Israel, to record and protect
Palestinian property and affirm the refugees’ right
to its revenue.238
another. Mushaa’ is common land and cannot be In summary, Jewish land in Palestine at the end
divisible. Jews managed during the Mandate to of the Mandate is 1,429,062 donums assuming
buy shares in villages’ common land. We estimate that the claimed ownership in the Ottoman period
the purchased area to be 58,256 donums. There of 454,860 donums is correct. Of the official area 2.10 Selected Palestinian
is no major dispute on the order of magnitude of
this figure. The important fact to remember is that
of Palestine of 26,322,999 donums (26,324,450
donums as measured), 24,893,937 donums is Arab
Towns & Villages
Jews cannot claim ‘possession’ of this land be- Palestinian. The British government in its Survey Although the heart of the Palestinian society re-
cause it is indivisible but can only claim economic of Palestine confirms these figures generally as mained firmly entrenched in the countryside, the
benefits from it according to their share. It cannot can be seen from Table 2.29. towns represented its cultural, commercial and
therefore be considered ‘Jewish land’. administrative engine. Two-thirds of the popula-
As shall be seen in Chapter 3, Israel occupied tion lived in rural villages and one-third lived in
The second category is Concessions granted to 20,255,000 donums (gradually increased to towns. As villages, all these towns were built and
Jews (and Arabs) for a given period and a given 20,560,000 donums) of Palestine in the 1948 war. rebuilt by Palestinians since ancient times. While
purpose. The most reliable figure of Concessions Taking the lower figure of the occupied area and the countryside was the depository of Palestinian
to Jews is 175,000 donums although figures up subtracting Jewish land, it is clear that 18,825,938 people and its fighting force, the towns were the
to 181,000 have been claimed. Concessions do donums is Palestinian land, that is, 93% of depository of their political history – particularly
not imply ‘ownership’. All concessions should Israel’s area. This is the land of the remaining their political struggle against foreign rulers.
have expired at the maturity date or if the grantor and expelled Palestinians.
is dissolved. The grantor, the British Mandate, Towns were centres of trade. They frequently
was dissolved on 15 May 1948 and therefore all The long-time land valuer in the service of the came under attack, especially on the coast.
concessions should revert back to the umma British Mandate government, Sami Hadawi, Other than their indigenous people, three kinds
i.e. to the natural and legitimate inhabitants of computed a comparable figure as shown in Table of new people settled in these coastal towns and
the country. 2.30. The small difference with our estimate prob- became an important component of their lives.
234 The full report by Frank Jarvis is found in: UN A/AC.25/W.84 of by one of his staff: Reanda, Laura, The United Nations and 237 Michael R. Fischbach, Records of Dispossession, Palestinian
28 April 1964 through unispal research engine. Palestine Refugees, the International Conference on Palestine Refugee Property and the Arab-Israeli Conflict. New York:
235 Sami Hadawi, supra note 145, Appendix IV, pp.222-223. Refugees, Paris, 26/27 April 2000. See also Section 2.3. Columbia University Press, 2003, pp.259-261.
236 The procedures and problems of Jarvis report is described 238 See for example: UNGA A/RES/52/62 of 10 December 1997.
58
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Table 2.31: Israeli Estimates of Palestinian Refugees’ Land diversity of accent, dress and manners. While the
average distance between villages was 3.5 km, the
Weitz-Danin-Lifshitz Israeli Ministry of embroidery of dress, the accent and mannerism
Type Yosef Weitz 1948 2
Committee 19481 Agriculture 1949 3 varied. Village life centred on the field and the
Rural 1,913,987 2,070,270 well or spring. There was no need to go far for life
Cultivable 1,373,000 necessities except to go to town infrequently to
barter goods. Having been rooted in the land, it
Barren 2,720,000
is not surprising therefore that villagers were the
Northern Beer Sheba 1,230,000 1,700,000
fiercest fighters for their land and freedom.
Southern Beer Sheba 10,800,000
Urban 94,127 99,730 The microcosm of Palestinian life remained in the
TOTAL 2,008,114 3,400,000 16,593,000 villages. The shown aerial photographs taken by
the German Air Force in 1917-1918 depict a typical
Sources: and ancient mode of life: houses were located on
1 ISA (130) 2445/3, Report on a Settlement of the Arab Refugees’ Issue, (November 25, 1948), appendix 9; CZA
A246/57, “Comments on Value Assessments of Absentee Landed Property” (November 12, 1962). a prominent place, near a source of water. The
2 Yosef Weitz, le-Hanhil Adama Hadasha. village houses were located in the centre of the
3 Aharon Tsizling, “Ways of Settlement Development in the State of Israel”, Kama, 1951, p.111 in Granott, Agrarian
Reform, p.89; Labour Party Archives, IV-235-1, file 2251A, in Arnon Golan “The Transfer to Jewish Control village fields. On the edge of the village houses lie
Abandoned Arab Lands during the War of Independence”, S. Ilan Troen and Noah Lucas, eds., Israel. The First a threshing floor and a cemetery. The village had
Decade of Independence, SUNY Series in Israeli Studies, Russell Stone (ed.), State University of New York Press, a place for prayer, if not a finely-built mosque or
Albany, New York, 1995, p.423.
All above have been quoted by Michael R. Fischbach, Records of Dispossession, Palestinian Refugee Property church and usually a school. The village always
and the Arab-Israeli Conflict, Columbia University Press, New York, 2003, p.44, 51, 52. had a madafa (a guest house) in the house of the
Notes: All areas are in donums.
mukhtar (village head). The village, if big enough,
had a market place. This pattern is very ancient
The first were religious scholars (qadis, muftis, mentioned in the Bible predates the Bible and and functioned well until it was destroyed by the
imams) who were appointed in the towns or were in current use before that period, not the Zionist invasion in 1948.
chose to settle there. The second was military other way around. It is therefore a misnomer to
men who came with their regiments and chose call these names ‘Biblical’. Many of these villages In the maps and photos to follow, a selection of
to settle there as well. This category includes have been destroyed by Israel. (See Section 4.2 towns and villages is shown in two periods: (a)
officials of the central government, particularly Map 4.9 for the destroyed historical villages.) the end of the Turkish rule through photos taken
during the Ottoman period. They acquired land, by the German Air force during World War I in
status in the community, and chose to stay. The A glimpse of the village life before the Jewish 1917 and 1918; and, (b) the end of the British
third category was the merchants who carried colonization in Palestine may be gained from Mandate and the subsequent dispossession of the
goods and established contacts in the market. If the writing of the scholars who participated in Palestinians by Israel, through maps and photos
business blossomed they stayed. A case in point the Survey of Western Palestine (SWP) which during the Mandate.
is Egyptian and Syrian merchants who settled in was commissioned by the Palestine Exploration
the coastal cities. They had no difficulty in set- Fund and started in 1871. They observed the The Bibliography lists three dozen references
tling. They were mostly Muslim, spoke Arabic and deep-rootedness of the Palestinians and their about Palestinian towns for further reading.
some had relatives in the town. attachment to their land.
Towns naturally grew from large villages. Although C. Clermont Ganneau, a French scholar, who
non-local elements of Palestinians and others knew Palestine well and became a member of
came and settled in them, the original character SWP, wrote,
of the place changed only a little. The change was I have therefore arrived at the conclusion that
noticeable mostly in architecture by building new the fellaheen of Palestine, taken as a whole, are
fortifications, mosques, mansions or khans. The the modern representatives of those old tribes
names remained the same with slight variations. which the Israelites found settled in the country
The variations of the current Palestinian name, such as the Canaanites, Hittites, Jebusites,
Yaffa, are: Jaffa, Joppa, Yapu; Akka: Acre (St. Amorites, Philistines, Edomites, etc.
Jean d’Acre); Asqalan: Ashqelon; Bir el Saba’:
Be’er Sheva, Beer Sheba and so on. He marvels at the continuity of knowledge and
the attachment to the land,
The link with the original village remained strong. The astonishing way in which the peasants
Although some notables moved from a village to have preserved the names of places is a good
a town because of an acquired higher position in instance of this, and is also a proof in favour
government, commerce or learning, their roots: of the argument that they themselves are un-
family and land, remained firmly in the village. changed. It is worthy of remark in passing that
the ethnic name—that is, the name by which
Village life was the backbone of Palestinian soci- the inhabitants are known, and which is derived
ety since ancient times. There were about 1,100 from the locality—is very often more archaic in
Palestinian villages in 1948. It is not surprising form than the name of the place itself.
therefore that many current names of villages
date back to the Canaanite period, 3000 years Elizabeth Finn, a keen observer and the wife of
ago. The Onomasticon by Eusebius of Caesarea the first British Consul in Jerusalem in the mid-
(260-339 A.D.) 239 mentions the names of Rama nineteenth century, wrote,
(Rameh), Kana, Achzeiph (Az-Zib), Oullama (Ulam), The Fellah Arab clans cleave to the land with
Dabeira (Dabburiya), Araba (Arraba), Akcho the tenacity of aboriginal inhabitants. No clan
(Akka), Tiberias (Tabariya), Raphia (Rafah), Elusa has for a long time overpassed the boundaries
(al Khalasa), Maon (Ma’in [Abu Sitta]), Neapolis of its own district, and they show no disposition
(Nablus), Caesarea (Qisariya), Galgoulis (Jaljuliya), to do so… They cling to the hills and the plains
Legio (Lajjun), Gabe (Jaba’), Iamneia (Yibna), where their fathers lived and died.
Asdod (Isdud), Saraa (Sar’a), Bethlehem, Nazareth,
Gaza and many others. They remained so until Although Palestinian villages share a common
their mass expulsion in 1948. The village names history and geography, there is a great and rich
239 G.S.P. Freeman-Grenville, Rupert L. Chapman III, Joan E. Taylor, The Onomasticon by Eusebius of Caesarea: Palestine in the Fourth Century A.D.. Jerusalem: Carta, 2003.
59
P a r t I : G e n e r a l R e v i e w
Selected Palestinian
Towns and Villages
Greater Jerusalem (Al Quds)
Old City of Jerusalem (Al Quds Ash Sharif)
Haifa
Acre (Akka)
Jaffa (Yafa)
Lydda (Al Lydd)
Ramle (Al Ramleh)
Nazareth (Al Nassera)
Safad (Safad)
Tiberias (Tabariya)
Baysan (Beisan)
Beer Sheba (Bir as Saba’)
Al Majdal - Askalan
Hebron (Al Khalil)
Nablus
Gaza (Ghazzah)
Bethlehem (Bayt Lahm)
Tul Karm
Bayt Jibrin
Iraq al Manshiya
Al Sawafir Al Gharbi
Isdud
Zarnuqa
Tantura
Qisariya (Caesarea)
60
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Source: Jerusalem City Town Plan, 1:10,000, Survey of Palestine 1945, reprinted by (UK) War Office 1952.
61
P a r t I : G e n e r a l R e v i e w
Source: Jerusalem City Town Plan, 1:10,000, Survey of Palestine 1945, reprinted by (UK) War Office 1952.
62
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Source: Jerusalem City Town Plan, 1:10,000, Survey of Palestine 1945, reprinted by (UK) War Office 1952.
63
P a r t I : G e n e r a l R e v i e w
Source: Jerusalem City Town Plan, 1:10,000, Survey of Palestine 1945, reprinted by (UK) War Office 1952.
64
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Source: Jerusalem City Town Plan, 1:10,000, Survey of Palestine 1945, reprinted by (UK) War Office 1952.
65
P a r t I : G e n e r a l R e v i e w
Source: Welfare Association, Revitalization Programme, Shadia Tuqan, 2004. Map updated to 2003, showing Israeli demolition of al Maghariba quarter.
66
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Source: Welfare Association, Revitalization Programme, Shadia Tuqan, 2004. Map updated to 2003, showing Israeli demolition of al Maghariba quarter.
67
P a r t I : G e n e r a l R e v i e w
Haifa
Haifa is a relatively young city. It grew out of a small village in the
18th century when Dhaher al Omar built a new Haifa with watch
towers in 1750. During the British Mandate, it grew rapidly. An
important port, an airport, a railway station and an oil refinery
receiving Iraq’s oil were built by the British authorities. Earlier,
German settlers (the Templers) built their colony, followed
by Zionist settlement on the same lines. Since then, Haifa
acquired an international flavour. Like Jaffa, it was the centre
for Palestinian cultural life. The early newspaper, al Carmel, was
published by Najib Nassar in 1908. He was the first to alert the
public to the threat of Zionist immigration to Palestine.
Source: Survey of Palestine, 1:10,000, 1945. Reprinted by Fd. Survey Coy. November 1945.
68
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Source: Survey of Palestine, 1:10,000, 1945. Reprinted by Fd. Survey Coy. November 1945.
69
P a r t I : G e n e r a l R e v i e w
Source: (map) Survey of Palestine, 1945; photo: RAF1945; background: Israel map ca 1953.
70
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
71
P a r t I : G e n e r a l R e v i e w
Lydda, Al Lydd
Lydda is an old Canaanite city, situated on the old road from
the port of Jaffa to Jerusalem. In the twentieth century, it
became an important railway junction and a home for the most
important civil airport in Palestine. In Lydda, traces of human
life 12,000 years ago were discovered in 1928. Old Egyptian
records mention Canaanite Lydda in 1465 B.C.E. It has been
destroyed many times. In the Christian era, it was famous for
being the home of St. Georges. It became the capital for Islamic
Palestine from 636 to 715 A.D. when Ramle (Ramleh, al-Ramleh)
was built. The population of Lydda, Ramle and neighbouring
villages (70,000) were expelled at gunpoint by Y. Rabin in July
1948 in a “death march” to Ramallah.
72
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Al Ramle
Built by Caliph Ummayyad Suleiman Ibn Abdel Malik in 715 A.D. to be the
first capital of Muslim Palestine. It lies, like Lydda, in a fertile plain, rich
with plantations, particularly olives and citrus. Many Muslim scholars lived
in Ramle. Its grand mosque (The White Mosque) was a centre of learning
since 716 A.D. Its people were expelled in 1948 as Lydda.
73
P a r t I : G e n e r a l R e v i e w
Nazareth, al Nassera
Revered the world over as the home town of Jesus Christ. He
is called the Nazarene. In Arabic, Nasrani means Christian (old
use). It lies on a high mountain (400 metres above sea level) and
commands a majestic view of Marj ibn ‘Amer. It is the capital
of Galilee and it lies on the road from Acre to Tiberias. It has
a large number of churches, old and new.
74
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Safad, Zefat
Safad is located on one of the highest mountains in Galilee, Jebel
Jarmaq. It was mentioned in the Roman period in the second N
century B.C.E. It was an important postal station to Damascus.
It had a small community of devout Sephardic Jews since the
expulsion of Muslims and Jews from Spain in 1492. Safad was
one of the strongholds of Sheikh Dhaher al Omar who established
an independent government in Palestine in the 18th century. The
Zionists depopulated the Arab population in May 1948.
75
P a r t I : G e n e r a l R e v i e w
Tiberias, Tabariya
Tiberias is located on Lake Tiberias (Sea of Galilee, Kinneret),
frequently mentioned in the Bible. Built in Roman times in
honour of Emperor Tiberius on the location of the Canaanite
Raqqa. Jewish learned men made it a home for religious
schools after the destruction of the Temple in 70 A.D. It is
close to Hittin where Salah ed Din won a decisive victory over
the Crusaders. It was the first Palestinian town to fall to the
Zionist forces in April 1948. The old city, with 3000 year old
relics, was destroyed by the Israelis.
76
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
77
P a r t I : G e n e r a l R e v i e w
Source: Survey of Palestine, 1:100,000, revised July 1946 with aerial photo, 1945.
Al Majdal—Asqalan, al Joura—Ashqelon
Ashqelon (in Arabic ‘Asqalan) name was mentioned in Tell al
Amarneh letters in the 14th century B.C.E. According to the
Onomasticon by Eusebius of Caesarea (260-339 A.D.), Asqalan
was “a most celebrated city in Palestine. In ancient times...
Judah [a Jewish tribe] did not rule over it because “it could
not conquer it and kill its inhabitants”. Majdal and Ashqelon
were neighbouring ancient cities; at least one of them was
prominent in history at any one time. Majdal means citadel.
Ashqelon means grapes bunch. While Ashqelon was located
in the Mediterranean shoreline, Majdal was located 5km inland.
The main north-south railway line and main coastal road passed
through Majdal. In November 1948, Moshe Dayan expelled the
bulk of its inhabitants to Gaza and the remainder in 1950.
Source: Survey of Palestine, 1:20,000, revised June 1942 with aerial photo, 1945.
78
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
79
P a r t I : G e n e r a l R e v i e w
80
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Gaza, Ghazza
An ancient Canaanite city, a trading post on route to Cairo,
Damascus, Suez and Aqaba. It was invaded by the Pharaohs,
Hyksos, Philistines (Palesht), Assyrians, Persians and Greeks
under Alexander. Gaza was Christian in the Hellenic era. In 634,
Gaza became predominantly Muslim and remained under Arab
Islamic rule till November 1917 (except for a brief Crusaders’
period) when Allenby conquered Palestine. The British artillery
destroyed many of its ancient building. It fell under Israeli
occupation in 1967 and for 6 months in 1957.
81
P a r t I : G e n e r a l R e v i e w
Tul Karm
A strategic location along the coastal plain and the hinterland
as one town of the Triangle (with Nablus and Jenin). The Triangle
has been known for its fierce resistance against the invaders.
Tul Karm is an agricultural town since the Roman times. After
al Nakba, it lost much of its land and its population swelled
due to the expulsion of coastal cities and villages. The town
fell under Israel in 1967.
82
C h a p t e r 2 : T h e P e o p l e a n d L a n d o f P a l e s t i n e
Iraq Al-Manshiya
Iraq al Manshiya has rich well watered land. It is located on the
road to Beer Sheba. Together with Faluja to the west, these
two villages were guaranteed their safety and protection of
property by Israel and the United Nations (Dr. Bunche) in the
Armistice Agreement with Egypt on February 24, 1949. But
within weeks, Israel expelled the population and confiscated
their property. Israel built Qiryat Gat on its site.
83
P a r t I : G e n e r a l R e v i e w
Zarnuqa Tantura
The Zarnuqa name is derived from Zarnuq, a small river. It had Built on the old Roman site of Dora. It was a coastal centre for
rich agriculture: crops, vegetables and citrus groves. commerce. It has a small castle, archaeological remains, graves
and old port, from the Bronze and Iron age. It suffered a terrible
massacre on May 22-23, 1948 when Haganah killed about 100
Photo 2.18: Zarnuqa, 1918
people and took the survivors to forced labour camps.
Source: The German Air Force, April 22, 1918.
Qisariya, Caesarea
Built by Phoenicians, called it Straton Tower and Ashtarot Slave.
King Herod named it Caesarea. Its Bishop Eusebius wrote the
Onomasticon listing Palestinian towns in the 4th century. The
town remained in existence it was destroyed and its people
expelled by Israel in 1948.
84
C h a p t e r 3 : T h e N a k b a
Chapter 3
The Nakba
3.1 The Conquest down Palestinian resistance to British policy. The The immediate aim of Plan C was to disrupt Arab
end of 1947 marked the greatest disparity between defensive operations, and occupy Arab lands
The UN recommendation to divide Palestine the strength of the Jewish immigrant community situated between isolated Jewish colonies. This
into two states heralded a new period of conflict and the native inhabitants of Palestine. The former was accompanied by a psychological campaign
and suffering in Palestine which continues with had 185,000 able-bodied Jewish males aged to demoralize the Arab population. In December
no end in sight. The Zionist movement and its 16-50, mostly military-trained, and many were 1947, the Haganah attacked the Arab quarters in
supporters reacted to the announcement of veterans of WWII.244 Jerusalem, Jaffa and Haifa, killing 35 Arabs.252 On
the 1947 Partition Plan with joy and dancing. It December 18, 1947, the Palmah, a shock regiment
marked another step towards the creation of a The majority of young Jewish immigrants, men established in 1941 with British help, committed
Jewish state in Palestine. Palestinians declared and women, below the age of 29 (64 percent of the first reported massacre of the war in the vil-
a three-day general strike on December 2, 1947 population) were conscripts.245 Three quarters of lage of al-Khisas in the upper Galilee.253 In the first
in opposition to the plan, which they viewed as the front line troops, estimated at 32,000, were three months of 1948, Jewish terrorists carried
illegal and a further attempt to advance western military volunteers who had recently landed in out numerous operations, blowing up buses and
interests in the region regardless of the cost to Palestine.246 This fighting force was 20 percent of Palestinian homes. Even at this stage, early signs
the native population. the Jewish immigrant community in Palestine.247 of ethnic cleansing became apparent.254
Israel’s rate of “direct military mobilization had
The day after the United Nations adopted surpassed any precedence of military history.”248 By the end of March 1947, Zionist military op-
Resolution 181 recommending the division of This was not the case of a normal army defending erations carried out under Plan C resulted in
the country, the Zionist leadership called upon its nation. It was an immigrant militia that came to the depopulation of 30 Palestinian villages with
all Jews in Palestine aged 17-25 to register conquer and establish a new state in Palestine. a population of about 22,000 people. See Map
for military service. 240 David Ben Gurion, then 3.1. To encourage their expulsion, Zionist forces
Chairman of the Jewish Agency, immediately Jewish armaments were superior to those held committed further atrocities and massacres in the
put ‘Plan C’ (Gimmel) 241, finalized in May 1946, by Palestinians.249 More importantly, Jews had villages of Qisarya and Wadi ‘Ara (Haifa district)255
into action. It was the third such plan devel- small arms and armoured vehicles factories and and in Mansurat al-Khayt (Safad district).256 As the
oped by the Haganah General Staff. 242 Plan C, an unlimited amount of locally-produced am- situation on the ground continued to worsen and
which was designed for implementation while munition. On the Arab side, Britain manipulated with American support for partition wavering, the
British Mandate forces were still in Palestine, rations of ammunitions to the armies of Egypt Zionist leadership realized that they had a golden
aimed to put pressure on the local Palestinian and (particularly) Jordan. 250 The Palestinians opportunity to advance their agenda. British forces
population and to solidify the position of Jewish had about 2,500 militia men dispersed among a would be gone by 15 May, but in the meantime,
colonies. 243 dozen towns and several hundred villages. They the British were preventing Arab regular forces to
had old rifles, few machine guns, no artillery and enter Palestine. Irregular Arab volunteers who had
Since the beginning of the Mandate in 1920, the no tanks. They had no central command and no already entered the country were not effective.
Zionist movement had steadily built up separate wireless communications.251 At best they were
armed fighting units. At the same time, the British only able to mount defensive operations, rushing Plan D was brought forward.257 The new Plan had
administration in Palestine progressively ground to a village after hearing cries for help. wide-ranging objectives. They included:
240 All That Remains, The Palestinian Villages Occupied and Gurion, War Diary, 1947-49. [Arabic]. Washington, DC: Institute 249 Ilan, supra note 244, p. 55.
Depopulated by Israel in 1948. Walid Khalidi (ed.) Washington, for Palestine Studies, 1993, pp. 778-782; Elias Sanbar, Palestine 250 Ibid., p. 109ff.
DC: Institute of Palestine Studies, p. 575. 1948. [Arabic]. Beirut: Arab Society for Studies and Publishing, 251 Khalidi, supra note 13, pp. 858-860.
241 Plan C is reprinted as Appendix A in Walid Khalidi, “Plat Dalet: 1987, p. 14. 252 Khalidi, supra note 23, p. 103.
Master Plan for the Conquest of Palestine,” 18 Journal of Pal- 245 Ilan, supra note 244, p. 61. Ilan discusses the age, number, train- 253 Israeli orders were ‘kill adults’. There was indiscriminate firing.
estine Studies 1 (Autumn 1988), pp. 20-23. ing and armaments of fighting forces on both sides in detail. 12 were killed and houses demolished. See Table 3.2.
242 Benny Morris, The Birth of the Palestinian Refugee Problem 246 Table 2, Ilan, supra note 244, pp. 61 and 67. 254 For a detailed list of sources on transfer and ethnic cleaning
Revisited. Cambridge: Cambridge University Press, 2004, p. 247 The estimate of 13% by Ilan is based on 104,000 conscripts and see, supra note 47. See also, Pappe, Ilan, The Ethnic Cleansing
342. excludes 24,000 military volunteers, not members of the Yishuv. of Palestine, Oxford: One World, 2006; Esber, Rosemarie M.,
243 Khalidi, supra note 23, p. 102. Ilan, supra note 244, p. 61. If those are taken into account, the Under the Cover of War: The Zionist Expulsion of the Palestin-
244 Table 1, Amitzur Ilan, The Origins of the Arab-Israeli Arms Race: result is 20 percent of the population. Typcial figures of armed ians, Alexandria, VA: Arabicus, 2009.
Arms, Embargo, Military Power and Decision in 1948 Palestine force to population are 1 percent (Egypt), 4 percent (Syria), but 255 A bus was ambushed killing passengers. Houses were demol-
War. Oxford: McMillan and St. Antony’s College, 1996, p. 61. for Israel it is 12 percent (1995 figures). Anthony Cordesman, ished. All those who did not flee were killed. See Table 3.2
The table shows 66.7 percent of the population in the 15-44 Perilous Prospects: The Peace Process and the Arab Israeli 256 The orders that were followed: anyone who showed resistance
year bracket. Estimate of 62 percent is in 16-50 bracket. Tak- Military Balance. Boulder: Westview Press, 1996, pp. 30-31. was eliminated, animals killed and homes torched. See Table 3.2.
ing half for males and multiplying by the Jewish population Table 3.1, “The Arab Israeli Balance 1995-1996”. In 1948, the 257 See, W. Khalidi, “Plan Dalet: The Zionist Master Plan for the
reaches 185,000 able-bodied Jewish males. By January 1949 percentage for Israel was much bigger due to a smaller popula- Conquest of Palestine 1948,” 37 Middle East Forum 4 (November
the Jewish fighting force numbered 120,000, including 32,000 tion, indicating the army’s mission. 1961), reprinted in the 18 Journal of Palestine Studies 1 (Autumn
front-line troops. The number of 120,000 is cited in David Ben 248 Ilan, supra note 244, p. 61. 1988), pp. 3-70. By contrast see, Morris, supra note 242.
85
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Map 3.1: Land Conquest up to March 30, Map 3.2: Land Conquest up to May 15, blowing up and planting mines in the debris)”- to
1948 1948 prevent the return of refugees.258
258 W. Khalidi, “Plan Dalet”, supra note 257. London: Frank Cass, 1993, p. 200. The majority were located See Table 3.2.
259 Khalidi, supra note 23, p. 61. in the part allocated for the “Arab State” in the Partition Plan, 262 The orders were ‘to destroy the enemy concentration’ in Khirbet
260 The so-called “Arab Liberation Army”, led by Fawzi al Qawqji, where few Jews existed. This was in conformity with the plans Nasir ad Din; 22 Arabs including women and children were
constituted a force of 3,155 assorted volunteers from several set up by Transjordan for the eventual control of that part. killed, others were injured.
Arab countries. See, Palestine War, 1947-1949, the Official Israeli Ibid, p. 205. There were very few of them where needed to 263 Dayr Yassin: the most infamous massacre. Over 110 men,
Story. [Arabic] Beirut: Institute for Palestine Studies, 1986, pp. repel the Jewish attacks. Moreover, the discipline and military women and children were killed or butchered from house to
220-221; and Falah Khaled Ali, Arab-Israeli War of 1948 and the performance of this force had been the subject of much criti- house during a whole day and night. There was prisoner parade
Creation of Israel. [Arabic] Beirut: Arab Society for Studies and cism, even derision. The Muslim Brothers force were a group and execution, rape and looting. See Table 3.2.
Publishing, Beirut, 1982, p. 82. Their number is misleading, as of highly motivated Egyptian and Palestinian volunteers. Some 264 In Abu Shusha, 70 civilians were killed by Giv’ati brigade. Report
their dispersion made them ineffective. Their distribution was were well-trained but their number did not exceed 500 in total. to ICRC said “the Jews have committed barbaric acts” including
as follows: the largest concentration was in Jenin area and in They operated in the south, and lost many killed due to their rape. See Table 3.2 and Morris, supra note 242, p. 257.
Galilee (groups of 50-100), in Haifa (200), in Jerusalem (a few daring and bravery. 265 In Bayt Daras, about 100 civilians were killed and wounded,
hundred) and in Jaffa (200). See, Haim Levenberg, The Military 261 Several houses blown up; 23 Arabs killed and more injured. in accordance with order that the village be “destroyed…and
Preparations of the Arab Community in Palestine 1945-1948. Their property looted. Took 100 prisoners; executed 37 of them. scorched”. See Table 3.2 and Morris, supra note 242, p. 256.
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C h a p t e r 3 : T h e N a k b a
Operation
S.No Date Description
Name
Sources: Walid Khalidi (ed.), “All that Remains, the Palestinian Villages Occupied and Depopulated by Israel in 1948”, Institute for Palestine Studies, Washington DC, 1992.;
Benny Morris, “The Birth of the Palestinian Refugee Problem 1947-1949 Revisited”, Cambridge University Press, Cambridge, New York, Sydney, 2004.
87
P a r t I : G e n e r a l R e v i e w
Map 3.3: Land Conquest up to June 11, Map 3.4: Land Conquest up to July 18, Map 3.5: Land Conquest up to October
1948 (First Truce) 1948 (Second Truce) 24, 1948 (Yoav)
The Israelis advanced towards Galilee and Jerusalem The Israelis broke the truce and turned south,
Arab regular forces entered Palestine on 15 May to
and depopulated 372 towns and villages so far, includ- attacked the Egyptian forces, took the Arab town of
rescue what was left of it. None entered the area
ing the population of the important towns of Lydda and Beer Sheba and more than 7000 sq. km of land where
designated as a Jewish state in the Partition Plan.
Ramle (70,000), who were expelled at gun-point. there were hardly any Jews.
220 Palestinian towns and villages. This included Palestine. It was naturally also the most densely that the major powers were convinced that the
key commercial, administrative and cultural centres populated. Pre-state institutions established by the Zionist forces could defeat any combination of Arab
of Palestinian life, such as Haifa, Jaffa, Safad, Zionist movement during the first decade of the armies.267 Even Arab military advisors to the Arab
Tiberias, Baysan and western Jerusalem. The British Mandate now had an integral, continuous League, the supposed protecter of the beleaguered
population of the depopulated Palestinian villages well-defended territory. David Ben Gurion, who Palestinians, acknowledged the same.
and towns exceeded 440,000 at this time, or 55 would become Prime Minister of the new Jewish
percent of all the refugees. More than half of the state, declared the State of Israel on May 14, 1948. On May 15 a segment of the Egyptian army entered
total number of refugees was thus made home- The traditional Zionist narrative depicted Israel in Palestine on two days notice. The tiny Lebanese
less while under the authority and protection of this period as a small beleaguered community forces hardly entered the country. Units from
the British Mandate forces, contrary to British fighting in self-defense against the ‘Arab invasion’ the Syrian army entered Palestine, south then
obligations under the Mandate, not to mention of vastly superior armies. The historical record north of Lake Tiberias. The Arab Legion (later the
the terms of the 1907 Hague Convention. This does not bear out these claims.266 Jordanian Army) entered Palestine to carry out
means that British Mandate officials are respon- King Abdullah’s scheme, with British acquies-
sible for occurrence of the war crimes committed News of mass displacement and expulsion, cence, to annex as much as possible of Palestine
by Zionist forces. massacres and the capture of main cities across leaving the rest to the Jews in accordance with a
Palestine inflamed the Arab public. Demonstrations secret agreement.268 Units of the Iraqi ‘Hashemite’
By the middle of May 1948, Zionist forces had not and protests were held in Arab capitals around the army entered in support of the ‘Hashemite’ King
only expelled the Palestinian inhabitants of 220 region. Arab governments were ill-prepared to deal Abdullah and then left. None of these Arab forces
villages, but they also conquered approximately with the situation. Some had only recently gained had the intention to exceed the limits of the Arab
3,500 km2 of territory, or 13 percent of Palestine, nominal freedom from the yoke of British-French state in the Partition Plan. Their number and
an increase of 2,000 km2 over land previously-held. domination, but they had to respond. British diplo- preparedness were far less than necessary to
This area was the richest and most fertile part of matic correspondence in this period shows clearly meet the task at hand. In the 27 days of fighting,
266 In the late 1980’s a number of Israeli scholars started to ac- Israel-Palestine Conflict. London: Verso 1995. Abdullah, the Zionist Movement, and the Partition of Palestine.
knowledge the fallacy in the Israeli official line. See, Morris, 267 Toye and Seay, Vols. 1-2, supra note 41. New York: Columbia University Press, 1988.
supra note 242; Pappe, supra note 254; Flapan, supra note 34, 268 On collusion between the Zionist movement and King Abdullah
p. 189; and, Norman G. Finkelstein, Image and Reality of the see, generally, Avi Shlaim, Collusion across the Jordan: King
88
C h a p t e r 3 : T h e N a k b a
from 15 May to 11 June, when the First Truce was Fierce resistance from villagers in three villages the Commander-in-Chief of the Arab Legion,
declared, these Arab forces achieved little if any south of Haifa, Ijzim, Jaba’ and Ein Ghazal, known because he withdrew his troops from Lydda
progress. See Map 3.3. as Ijzim Triangle, defeated Israeli attempts to oc- and Ramleh at night without notice and at King
cupy the villages and expel their inhabitants. This Abdullah because of his collusion with the Jews
Arab regular forces were outnumbered during triangle was important to the Israelis as it sits just on dividing Palestine between them.276 Thirty four
the initial and subsequent phases of the war. outside the highway from Haifa to Tel Aviv. The towns and villages were depopulated in Jaffa and
Lebanese forces, for example, which started at villagers paid dearly soon after for their refusal to Ramleh districts in this phase.
700, and reached a maximum of 1,000, had no surrender and leave their homes.
military impact. They even lost a dozen Lebanese The Israeli conquest also extended to villages
villages to the Israeli forces. Syrian forces (about During this phase of 1948 war, 95,000 new refu- west of Jerusalem widening the Jerusalem-Tel
2,000) tried and failed to capture two Israeli set- gees who lived in 91 villages joined the ranks of Aviv corridor, although Latrun area remained well-
tlements south of Tiberias. The well-trained Iraqi homeless Palestinians. defended by the Arab Legion. Fifteen Jerusalem
forces, which started at 2,500 and expanded villages were over-run and their population ex-
later, arrived without orders (macko awamer) to Israeli forces continued to expand as the war pelled. Immediately to the south, 15 other villages
defend the villages. It was able to defend Jenin dragged on through the summer of 1948. By were also depopulated. The whole coastal strip
against Israeli attacks but lost the villages around August, Israeli forces had grown to 74,450. By between Haifa and Tel Aviv fell solidly in Jewish
Jenin. Iraqi forces were subsequently withdrawn October, just before the start of Operation Yo’av, hands. All of western Galilee and part of coast
at the request of Transjordan. The Arab Legion, the number of Israeli forces had reached 99,122, was also conquered. Nazareth was occupied but
with a maximum force of 4,500, well-trained and and finally reaching 121,000 at the beginning of its inhabitants were spared expulsion due to the
armed men, and led by British officers, maintained 1949.272 It had by then a credible navy, a strong refusal of the Israeli Commander, Denkelman, a
defensive positions in the Old City of Jerusalem. airforce and powerful armaments. Canadian Jew, to obey Ben Gurion’s orders of
Together with Palestinian and other volunteers, expulsion.
the Arab Legion over-ran four Etzion Bloc settle- The First Truce was announced to start on June 11,
ments south of Jerusalem in the area allocated 1948. Although Israeli forces were hard pressed This phase, known as the ten days fighting (8-18
to the Arab state. in this phase, combat with Arab forces embold- July) ended with the Second Truce. See Map 3.4.
ened them and increased Ben Gurion’s conviction During this phase, Palestinians lost 82 towns and
The brunt of the fighting after 15 May was taken that Israel could defeat any combination of Arab villages, and 116,580 people became homeless.
up by Egyptian forces. In the beginning, they num- armies and that the Israeli military was capable Numerous massacres took place. Apart from the
bered 2,800, and grew immediately thereafter to of attacking and occupying Arab capitals. During massacre at the Lydda mosque, there were mas-
9,292. In October, the size of the force increased to the truce Israel received enormous supplies of sacres at at-Tira and Qazaza.277 In at-Tira, old and
28,500, in addition to 1,109 Saudis, 1,675 Sudanese armaments, and soon thereafter, their first fleet of infirm men and women were burnt alive by pour-
and 4,410 volunteers, mostly Palestinians.269 As aircrafts, including the “flying castles” some weeks ing gasoline over them. Israeli forces occupied a
a force of 35,662 men under one command, it later. These aircraft introduced a new element in further 1,300 km2. With the exception of the Ijzim
was by far the largest Arab force. Its task was to the fighting and, through indiscriminate air raids Triangle, all conquered land was located beyond
defend a large Arab area, over half of Palestine, on refugee concentrations killing hundreds each the boundaries of the Jewish state as delineated
with very few Jewish settlements in it. Like other time, had a devastating physical and psychological in the Partition Plan. This would be the dominant
Arab forces, at no point did it attempt to enter the impact on Palestinian refugees. Emboldened and feature of subsequent phases of the war.
designated Jewish state. Under the inept leader- strengthened, Ben Gurion was determined to go
ship of General Mawawi, however, Egyptian forces beyond the Partition Plan, and occupy a territory As the Second Truce was announced, the UN
lost all of this territory, with the exception of the connecting Tel Aviv to Jerusalem and expand the Mediator, Count Folke Bernadotte, began his ear-
tiny Gaza Strip, defended by Mawawi’s successor, Jewish-held Palestinian coast. Israel thus broke nest effort to bring peace to Palestine as instructed
General Ahmad Fouad Sadik. the First Truce. by the UN. Two issues occupied him: first, the
enormous number of refugees and depopulated
Israeli forces succeeded in capturing the city of During Operation Dani, Israeli forces occupied the villages; and, second, the Partition Plan, which he
Acre in addition to 37 villages in the Galilee. They Palestinian towns of Lydda and Ramleh and the found to be unworkable. A new mutually-accepted,
committed a massacre in al-Khisas, the second villages around them. They expelled 60-70,000 not enforced, solution was needed. Bernadotte
that year, and another in al-Kabri.270 Another large inhabitants of the two towns and refugees from was adamant that the refugees should be able to
massacre was committed at Tantura.271 Twenty- nearby villages by direct orders from Yitzhak Rabin return home, if they wished to do so. Bernadotte
one villages were depopulated in Marj ibn ‘Amer. with Ben Gurion’s agreement.273 Those who sought was a man with strong humanitarian principles, a
Neither this region nor the Galilee was defended shelter in the Lydda mosque were massacred.274 former vice-chairman of the Swedish Red Cross
by any credible force. The Arab Liberation Army At gun point, the inhabitants were expelled in the and a nobleman who helped many Jews escape
made a poor showing in this and subsequent July heat during the month of Ramadan. Old men Nazi Germany.
phases until it withdrew unnoticed some weeks and children fell by the wayside, dying of thirst.
later to Lebanon under the cover of darkness. Money and women’s jewelry were looted by Israeli “It would be an offence against the principles of
On the coastal strip, south and east of Tel Aviv, soldiers. Some soldiers ripped off earrings and elemental justice if these innocent victims of the
Israeli forces conquered and emptied 14 villages. severed ring fingers. The two towns were looted conflict were denied the right to return to their
Operation Nikayon (Cleansing) emptied nine vil- at leisure: troops diverted their military trucks to homes,” Bernadotte told the UN, “while Jewish
lages on the Palestinian coast south of Jaffa. load everything movable from Palestinian homes, immigrants flow into Palestine, and, indeed, at least
Thus the area within a wide radius of Tel Aviv ripping every fixed valuable item.275 The refugees’ offer the threat of permanent replacement of the
became clear of Arabs. East of this region lay ‘death march’ reached Ramallah and the villages Arab refugees who had been rooted in the land for
the important twin-towns of Lydda and Ramleh around Jerusalem villages in a sorry state. Their centuries.”278 His recommendations on the right
which were located in the Arab state according rage, anger and curses were directed, not only at of return of the refugees became the basis for the
to the UN Partition Plan. the Israeli perpetrators, but also at General Glubb, General Assembly Resolution 194(III), affirming the
269 Ibrahim Shakib, Palestine War 1948, an Egyptian View. [Arabic] and warning shots to force the residents to march”. He lied. Dahmash mosque were massacred by machine guns, grenades
Cairo: Al Zahra Arab Information Co., 1986, p. 335. In a new book: Weber, Shaul, Rabin: The Growth of a Leader, and rockets. Over 250 were dead. See Table 3.2 and Morris,
270 The orders to Carmeli brigade regarding Kabri, Nahar and Umm Maariv books, 2009, [Hebrew], the text of the ‘express’ expulsion supra note 242, p. 428.
al Faraj, which were carried out, were “killing of adult males, order of July 12, 1948 stated: “The residents must be quickly 275 Ben Gurion, supra note 244, entries: 15, 20 July, 11 November
destruction and torching” of the villages. See Table 3.2 and removed from Lydda without taking time to classify them ac- 1948; Tom Segev, 1949: The First Israelis. New York: Henry Holt
Morris, supra note 242, p. 253. cording to age. [This confirms the standard expulsion order: and Co. 1998, pp. 68-74.
271 Over 200 villagers were killed in groups. See Table 3.2 and Morris, to take men to labour camps and expel women and children.] 276 For details on Lydda and Ramleh see, Aref al-’Aref, The Disaster:
supra note 242, p. 247. See particularly, Pappe, Ilan, The Tantura They should be sent in the direction of Beit Nabalah… To be Disaster of Bayt al-Maqdis and of Paradise Lost, 1947-1952. 6
Case in Israel: The Katz Research and Trial, Washington DC: implemented immediately. Yitzhak R.” The same was applied Volumes. [Arabic] Sidon: al-Maktaba al-’Asriyya, 1956; Abdullah
Journal of Palestine Studies, XXX, no. 3, Spring 2001, pp. 19-39. to Ramle. When Rabin knew that the Red Cross representative al-Tell, The Palestine Disaster; Selections from Abdallah al-Tell,
272 Ben Gurion, supra note 244, pp. 778-782; Sanbar, supra note was about to visit Ramle, he gave the instruction: “You must Commander in the Battle for Jerusalem. [Arabic] Cairo: Dar al-
244, p. 147. evacuate all refugees by then [before the visit]”. Weber writes: Huda, 1990; Shlaim, supra note 268; Benny Morris, The Birth
273 Shlaim, supra note 268, pp. 263 and 269. Rabin claimed in “This explanation for mass killing is clearly unreasonable”. of the Palestinian Refugee Problem 1947-1949. Cambridge:
his memoirs that Ben Gurion signaled the order to expel the These quotations and review of Weber book was reported by: Cambridge University Press, 1987; and, Khalidi, supra note
inhabitants of Lydda and Ramle by a wave of his hand. In an Tom Segev, The Makings of History/ With the Wave of a Hand, 240.
earlier version, this paragraph was omitted and instead Rabin Haaretz, November 27, 2009. 277 In al Tira, about 30-50 old villagers were burnt alive. See Table
claimed that “there was no way to avoid the use of weapons 274 Civilians were shot in the streets. People who took refuge in 3.2.
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P a r t I : G e n e r a l R e v i e w
Map 3.6: Land Conquest up to October Map 3.7: Land Conquest up to January Map 3.8: Land Conquest up to April 1949
31, 1948 (Hiram) 18, 1949 (Final Phase)
The Israelis occupied more land in the south and The Israelis occupied Naqab till Aqaba Gulf without
The Israelis turned north and occupied the densely
attacked Egypt (Sinai) but failed to take Gaza Strip. a shot fired. They also took a big slice from the West
populated Galilee in addition to a dozen villages in
This phase ended with an armistice agreement with Bank by threats to Jordan. They widened the corridor
Lebanon.
Egypt. to Jerusalem; this corridor is part of the Arab state in
the Partition Plan. They signed armistice agreements
with Lebanon, Jordan and Syria. Thus ended 1948
right of the refugees to return to their homes and the pretext that the Egyptians obstructed the pas- war with 78% of Palestine land in Israeli hands, of
which 24% is beyond the limit of the Partition Plan.
receive compensation. The United Nations has sage of supplies to a few Negev Jewish colonies,
The occupied area is 14 times the area of Jewish land
confirmed the resolution annually ever since. Israeli forces crossed the vital Majdal- Bayt Jibrin at the end of the Mandate and 45 times the land they
road and occupied 2,500 km2, including the pivotal held at the beginning of the Mandate.
For the resolution of the Palestine Question as a town of Beer Sheba, and threatened Gaza. Forty-
whole, Bernadotte recommended new bounda- five villages, mainly from the southern Jerusalem Galilee, occupied around 1,650 km2 of one of the
ries for a Jewish state in the coastal plain and in district, northern Beer Sheba and western Hebron most densely and fertile parts of Palestine. The
the Galilee. The rest of the country would be a districts, were depopulated. Operation Yoav was a largest number of massacres took place in the
Palestinian Arab state. Bernadotte’s final report, great success in terms of occupied land. Militarily, Galilee to induce the inhabitants to leave their
“The Progress Report of the United Nations it met little resistance. The Commander of the homes. (See Table 3.2 War Crimes.)
Mediator on Palestine”279, was submitted to the Egyptian forces, General Mawawi, was relieved
United Nations on September 16, 1948. Israeli of his duties and a tougher commander was ap- Expulsion, as elsewhere, followed a similar pat-
officials were already aware of Bernadotte’s views pointed. Israeli forces thus achieved significant tern. Israeli forces would attack a village and
and recommendations. The next day, at about 5 gains. See Map 3.5. circle it from three directions leaving the fourth
p.m. in Jerusalem, while doing the rounds on his open. When the village surrendered with or with-
peaceful mission, Bernadotte was assassinated Having secured the southern front, Israeli forces out resistance, with or without a previous peace
by Jewish (Stern Gang) terrorists.280 redirected their attention to the unoccupied part agreement with Zionist forces, all men of the vil-
of the Galilee which was designated as part of lage were gathered in one place and all women
Aware that other Arab forces would not interfere, the Arab state. During Operation Hiram, which and children in another. A select number of young
Israeli forces decided to attack Egyptian forces lasted for several days in late October and early men, anywhere from 20 to 200 in number, were
and occupy the southern half of Palestine. Under November 1948, Israeli forces swept over the killed in small groups; sometimes the last group
278 U.N. Doc. A/648, 1948. the history and background of assassination see, Kati Marton, Stern Gang: Ideology, Politics and Terror, 1940-1949. London:
279 U.N. G.A.O.R., 3rd Session, Supplement No.11. A Death in Jerusalem. New York: Arcade Publishing, 1996; and, Frank Cass, 1995.
280 For the statement of his chief of staff and his last report see, Death Amitzur Ilan, Bernadotte in Palestine, 1948. Oxford: MacMillan,
of a Mediator. Beirut: Institute of Palestine Studies, 1968. For 1989. For a background of the killers see, Joseph Heller, The
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C h a p t e r 3 : T h e N a k b a
buried the previous one. During Operation Hiram Israeli forces had occupied more than 7,000 km2 in the area of Palestine or any part or locality
the remaining able-bodied men were taken to without a single shot being fired. The Jordanian thereof covered by this Agreement whether
labour camps.281 The women, children and old post alerted General Glubb about the advancing asserted rights, claims or interests derive from
men were expelled, in this case to Lebanon. Israeli Israeli columns. Glubb ordered the evacuation Security Council resolutions, including the
soldiers looted all money and valuables from the of Ras al-Naqab and Umm Rashrash. 283 The Security Council resolution of 4 November 1948
expelled inhabitants. Egyptians did not even know of the advance. When and the Memorandum of 13 November 1948 for
their sergeant at a post near Umm Rashrash tried its implementation, or from any other source.
The Galilee was heavily studded with ancient to telephone al-Arish, he found that Israeli forces The provisions of this Agreement are dictated
villages and the villagers did not part with their had cut the single wire. exclusively by military considerations and are
homes easily. Many hid behind the rocks in the valid only for the period of the Armistice. 285
mountainous region, or returned after some days King Abdullah meanwhile was responding to
or months. The returnees were shot on the spot.282 heavy Israeli pressure to cede a large strip in Inspite of the temporary nature of the armistice
Israel viewed the returnees as ‘infiltrators.’ All central Palestine. After protracted negotiations, lines, the agreements had two devastating effects
across the country, refugees attempted to return he yielded, and an armistice agreement was on the future of Palestine. First, the arbitrary and
to their homes following the end of hostilities, but signed with him. Lebanon readily signed an ar- enforced nature of the line caused the dismem-
this phenomenon, which is common when people mistice agreement and Syria entered into tough berment of the land and the life of 111 villages,
are displaced, was particularly predominant in negotiations under the UN Acting Mediator Dr. in addition to the Beer Sheba district. Second,
Galilee to the extent that Israeli forces initiated a Ralph Bunche, which lasted for four months, Israel only regarded the armistice lines as a de
special operation known as Operation Magrefa but an agreement was signed in the end. (See facto border when pressured to retreat to the lines
(Scoop) from December 1948 to July 1949 to Armistice Agreements, Section 3.2.) established by the 1947 Partition Plan. Otherwise,
hunt down and kill the returnees. Operation Israeli forces crossed the border at will, and Israel
Hiram went further than Palestine and occupied Israel thus managed to win a largely uncontested itself freely expanded into the West Bank, Gaza
a dozen Lebanese villages. See Map 3.6. This battle and succeeded in emptying 530 towns and Strip, Golan Heights and Lebanon.
violated Lebanese sovereignty and the terms of main villages (in addition to 145 smaller villages)
the Partition Plan under which the Galilee was to of their inhabitants, thus making 805,000 people The armistice line in the West Bank is often
be part of the Arab state. refugees. Their conquest extended Israeli control referred to as the ‘Green Line’ after the colour
to an area of about 20,350 km2 or 77 percent of used to draw the armistice line on the Israeli of-
With Egyptian forces defeated, other Arab fronts Palestine, an increase of about 19,000 km2 over ficial map in the 1950’s. This term, however, blurs
stagnant or ineffective, and the British-led Arab the land they possessed under the British Mandate the legal and practical meaning of the armistice
Legion having already agreed on a plan to divide and with an additional 24 percent of Palestine line. It should be referred to as “the Armistice
Palestine between Transjordan and the Zionist conquered beyond the limit of the Partition Plan. Line of 1949.”
movement, Israeli forces were able to move freely See Map 3.8. Three hundred and fifty six of mas-
throughout Palestine. During Operation Lot they sacres, atrocities, destruction of property and The Armistice with Egypt
occupied a large region near the Dead Sea unop- houses, plunder and looting of possessions were
posed. Operation Yoav continued in the south of recorded up to 1956. See Table 3.2. Between Egypt was the first Arab state to sign an armi-
the country. During Operation Assaf Israeli forces 1947 and 1956 alone, well over 100 massacres stice agreement with Israel. By January 1949,
attempted to dissect the Gaza Strip, where the and atrocities were committed by Israeli forces. the Egyptian front was in disarray. The Israeli
population had swelled to nearly 300,000 with the Of these, about half were committed in 51 Galilee occupation of vast areas in the southern half
influx of some 200,000 refugees from villages in villages. Two thirds were committed before 15 of Palestine left the villages of Faluja and Iraq
southern Palestine. Refugees found shelter under May, that is, during the British Mandate, before al-Manshiya encircled. The Israeli attack was
trees, in tattered tents and in schools, mosques Israel was created and before Arab forces came condemned by the Security Council Resolutions
and hospitals. The attack on Gaza would likely to rescue the Palestinians. on 4 and 16 November 1948, ordering Israel to
result in the massacre of many thousands of in- withdraw from lands it occupied in violation of the
nocent civilians. Ahmad Fouad Sadik, the new With the emptying of so many towns and villages Second Truce. Israel did not comply and Egypt
Egyptian commander refused orders from his HQ of its people and conquering vast areas of the decided to negotiate.
to withdraw and to surrender, saying, “My military country, Palestine came close to satisfying the
honour does not allow me to leave behind 200,000 erstwhile Zionist myth, “Palestine is a country Armistice negotiations between Egypt and Israel
women, children and old men to be slaughtered without people”.284 opened on the Greek island of Rhodes. Egypt tried
like chicken”. His forces put up a fierce resist- to recover the town of Beer Sheba, which was to
ance, assisted by Muslim Brothers volunteers, remain part of the Arab state in the Partition Plan,
and defeated Israeli forces in a decisive battle but failed, even though they offered to install a
at Sheikh Hamoudeh or Hill 86. The Gaza Strip, 3.2 The Armistice ‘civilian’ administrator in accordance with the
crammed with refugees, was thus saved. Agreements Memorandum drafted by UN Acting-Mediator Dr.
Ralph J. Bunche. The two sides agreed that the
During Operation Horev, Israeli forces conquered The Armistice Agreements delineated a ceasefire area around al-Auja area (256 km2) on the Egyptian
more of the Beer Sheba district up to Asluj and line separating the warring parties on the day border was to be demilitarized. It was also agreed
Auja, went deep into the Sinai (Egypt) and threat- each respective agreement was signed. In effect, that Israeli outposts at Deir Sneid, Tell-Jamma and
ened the main town in the Sinai, al-Arish. Britain the armistice lines were a measure of the Israeli al-Ma’in would not exceed a platoon’s strength.
intervened to protect its interests in Egypt, and advance into Arab Palestine and of the retreat of No Israeli forces were allowed in the village of Bir
Israeli forces had to withdraw back into Palestine. the Arab forces. Nevertheless, the armistice lines Asluj. The Gaza Strip, which became the refuge for
See Map 3.7. between Egypt, Jordan, Syria, Lebanon and Israel 200,000 Palestinian refugees who were expelled
were legally temporary in nature. According to from the Gaza and Beer Sheba districts, remained
Soon after, the Armistice Agreement with Egypt each agreement, in Egyptian hands.
was signed. Hardly had the ink dried, when Israel
sent two columns, one along central Negev and It is emphasized that it is not the purpose of Egypt’s immediate concern was the evacuation
another west of Wadi Arabah, the boundary with the Agreement to establish, to recognize, to of the Faluja garrison, complete with its arms
Jordan. The two columns reached Umm Rashrash, strengthen or to weaken or nullify, in any way, and equipment. Through an exchange of letters,
on the Gulf of Aqaba. They planted the Israeli flag any territorial, custodial or other rights, claims or the garrison was allowed to leave. The fate of
and washed their feet in the waters of the Red Sea. interests which may be asserted by either Party the Palestinian population of al-Faluja and Iraq
281 ICRC reports G59/I/GC-G3/82 dated November 12, 1948 and 285 Paragraph 3, Article IV of the Egyptian-Israeli General Ar- of the Syrian-Israeli Armistice Agreement dated July 20, 1949,
February 6, 1949. mistice Agreement, dated February 24, 1949. This clause the short version reads: “It is also recognised that no provi-
282 For the Galilee depopulation see, Nafez Nazzal, The Palestin- had been reproduced in other armistice agreements but in sion of this Agreement shall in any way prejudice the rights,
ian Exodus from Galilee, 1948. Beirut: Institute for Palestine a much shortened version. In Paragraph 2, Article II of the claims and the position of either Party hereto in the ultimate
Studies, 1978. Lebanese-Israeli Armistice Agreement, dated March 23, 1949, peaceful settlement of the Palestine question, the provisions
283 Shlaim, supra note 268, p. 402. (the word ‘emphasised’ replaced by the word ‘recognized’). of this Agreement being dictated exclusively by military and
284 Nur Masalha, The Politics of Denial: Israel and the Palestinian In Paragraph 2, Article II of the Jordanian-Israeli Armistice not by political considerations.”
Refugee Problem. London: Pluto Press, 2003, p. 9. Agreement dated April 3, 1949 and in Paragraph 2, Article II
91
P a r t I : G e n e r a l R e v i e w
Table 3.2: War Crimes (Atrocities, Massacres, Destruction, Plunder and Looting) 1947-1956
Jerusalem, Sheikh House of mukhtar Haj Sulayman Hamini blown up, destroyed several other
33 Jan-48 Haganah, LHI 4 M-BR p.121
Badr houses.
Ein al Zeitun
34 2-3 Jan 1948 Haganah Blew up several houses; killed 23 Arabs and took their watches. 2,3,4 M-BR p.222, Guy
(Ayn az Zaytun)
Demolition of town hall (saraya), which housed a militia headquarters, left
35 Jaffa 4-Jan-48 Haganah dozens dead. Utiities and municipal services broke down. 15-30 people killed, 2,4 M-BR p.112 & robincmiller.com
100 wounded.
5-6 January M-BR p.123 & 343, robincmiller.com, PPR,
36 Jerusalem, Qatamon Etzioni Brigade Semiramis Hotel blown up; 10-25 killed, wounded 20 2,4
48 PNIC
East Jerusalem,
37 Sheikh Jarrah 14-Jan-48 LHI troops 3 houses blown up. 4 M-BR p.344
quarter
Shop in Salah ed-Din St blown up; 31 Arabs including women and children
38 Haifa 16-Jan-48 Jewish mob 2,4 PPR
killed, 31 wounded by Jewish terrorists in British uniforms.
Mansurat al Kheit,
Tents and huts were torched and farm animals killed They were ordered to kill
39 north of the Sea of 18-Jan-48 Palmah 2,4 M-BR p.132, also SAJ p. 105.
anyone who shows resistance.
Galilee
40 Tiberias 24-Jan-48 Palmah Murdered an Arab taxi driver. 2 M-BR p. 80
41 Arab Suqrir 25-Jan-48 Haganah Destroyed the whole village (Houses, 2 trucks and well). 4 M-BR p.77 & 343
42 Haifa 28-Jan-48 ? Abbas Street: Barrel stuffed with explosives killed 20 people and wounded 50. 2 Anis Sayigh, PNIC
43 Lifta 29-Jan-48 Haganah Blew 3 houses. 4 M-BR p.120
Several houses blown up. The instructions were to attack the northern part
44 Salama Jan-Feb 1948 Palmah of the village..to cause deaths, to blow up houses and to burn everything pos- 4 M-BR p.343
sible.
Yazur
45 Jan-Feb 1948 Palmah Several houses blown up. 4 M-BR
(East of Jaffa)
46 Qisarya (Caesarea) 31-Jan-48 LHI Ambushed a bus killing 2 Arabs and injuring 8. 2 M-BR p.130
Abu al Fadl (‘Arab al
47 Satariyya) Feb-48 IZL Murdered 10 Arabs including 1 woman working in a grove. 2 M-BR p. 80
West of Ramle
48 Baysan Feb-48 Palmah Several houses demolished. 4 M-BR p.224
Caesarea (Haifa
49 1-Feb-48 Settlers Atrocities 2 SAJ, p. 105.
District)
50 Haifa Feb-48 Palmah Dozens killed and injured with 300kg bomb. 2 M-BR p.106
51 Kfar Ureah (near) Feb-48 Haganah Murdered an Arab peasant and his wife without provocation. 2 M-BR p. 80
92
C h a p t e r 3 : T h e N a k b a
Table 3.2: War Crimes (Atrocities, Massacres, Destruction, Plunder and Looting) 1947-1956, Continued
93
P a r t I : G e n e r a l R e v i e w
Table 3.2: War Crimes (Atrocities, Massacres, Destruction, Plunder and Looting) 1947-1956, Continued
94
C h a p t e r 3 : T h e N a k b a
Table 3.2: War Crimes (Atrocities, Massacres, Destruction, Plunder and Looting) 1947-1956, Continued
95
P a r t I : G e n e r a l R e v i e w
Table 3.2: War Crimes (Atrocities, Massacres, Destruction, Plunder and Looting) 1947-1956, Continued
96
C h a p t e r 3 : T h e N a k b a
Code Explanation # Listed 23.0 Agha Ihsan Khalil al Agha, “Khan Yunis Massacre”(in 58.0 Al-Khatib M.N. al-Khatib, “From the Events of the
1 Expulsion, Flight of Population 15 Arabic), Fajr Centre, Cairo, 1997. Disaster or the Palestinian Disaster,” 1951,who
24.0 ICRC G59/1/GC.G3/82 presented a complete eyewitness account
2 Killing People. Atrocities, Massacres 159 25.0 Bleier Ronald Bleier, “Terror”, The Link, July-August from a survivor, Marwan ‘Iqab al-Yahya.
3 Looting and Plunder 15 2003, Vol.36, No.3, http://desip.igc.org/ 59.0 Al Madani Oral testimonies taken by Rashad al Madani,
4 Destruction of Villages, Houses etc 124 InTheBeginning.html. for Birzeit Research Center document the
5 Detention and Forced Labour Camps 7 26.0 Guy Guy Ehrlich, “Not Only Deir Yassin”, Ha›ir, 6 killing of the Egyptian workers and the killing
May 1992. Reference is made in this article to: in the Muslim sanctuary.
6 Maltreatment, Starvation, rape 18
Aryeh Yitzhaki, Moshe Kalman, Uri Milstein. 60.0 S-R S. Kanaana/R. al-Madani, Kaufakha, Birzeit
8 Suffering after Expulsion as Refugees 2 27.0 Hogan Daniel A. McGowan and Mathew C. Hogan, “The Research Center, Palestinian Destroyed
9 Other Wrongdoing 16 Saga of Deir Yassin: Massacre, Revisionism Villages, series #8, 1990.
Total Note: These numbers are not exhaustive 356 and Reality”, Deir Yassin Remembered, New 61.0 J-H Jamal Hussein report, dated 13 July 1948,
York, 1999. entitled “Memorandum to the Secretary
Sources: 28.0 Aharoni Arie Aharoni, “A Candidate for Treason” (in General of the United Nations on the Violation
1.0 M-B: Benny Morris, “The Birth of the Palestinian Hebrew), Sifriat Poalim Publishing House, of the Truce by Jews”.
Refugee Problem 1947-1949”, Cambridge Tel Aviv, Israel, 2000. This officer admitted 62.0 M-M Interview by Saleh Abdel Jawad with Mahmoud
University Press, Cambridge, New York, receiving an order to poison Gaza wells. Mohammed Ghabish, el-Bireh, 29 October
Sydney,1987. 29.0 Milstein U. Milstein, “The War of Independence Vol. 1997 (in SAJ).
1.1 M-BR: Benny Morris, “The Birth of the Palestinian IV: Out of Crisis Came Decision”, 1991, 255- 63.0 Menachem Menachem Attar (soldier)’s letter to editor,
Refugee Problem 1947-1949 Revisited”, 276. Attar 2 May 1972, Yedi’ot Ahronot, quoted in
Cambridge University Press, Cambridge, 30.0 Al-Aref A. al-Aref, “Nakbat Filastin wa al-Firdaws Ehrlich.
New York, Sydney,2004. Mafqud (Palestinian Nakba and the Lost 64.0 Khoure Elias Khoure, communication to Saleh Abdel
1.2 M-BW Benny Morris, “Border Wars”, Clarendon Paradise)”, 1956-1958, Vol. 1, 205 Jawad, Berne Switzerland, August 1997 (in
Press, Oxford, 1993. 31.0 Abu Khairy Student interview with Hadj Mahmoud Jaber SAJ).
1.3 M-A Benny Morris, “1948 and After, Israel and Mahmoud Abu Khairy, Beit Hanina, November 65.0 Danyali Student interview with oral testimony of Amneh
the Palestinians”, Clarendon Press, Oxford, 2000 (in SAJ). Ahmad Khalil Danyali, Bireh, 1999 (in SAJ).
1990. 32.0 Ben-Gurion D. Ben-Gurion, “Yumann Hamilhamah, 1947- 66.0 Bajiss Student interview with Abdel Jabir Bajiss (Abu
1.4 M-S B. Morris, “The Survival of the Fittest”, Ha’aretz 1949 (Diaries of War, 1947-1949)”, 1984, G. ‘Izat), Rafat, near Ramallah, 20 October 1999
interview by A. Shavit, 9 January 2004, http:// Rivlin/E.Orren (eds.), Samir Jabbour (trans.), (in SAJ).
people.na.infn.it/~clarizia/palestina/giusti/ 1993. 67.0 Rashid Student interview with Ahmad Rashid,
Morris intervista_9-1-04.pdf 33.0 H-D Oral testimonies indicate that those killed Qalandia Refugee Camp, 10 November 1999
5.0 P-Khalidi W. Khalidi, “Fifty Years After the Partition Plan, were civilians, student interview with Hassan (in SAJ).
1947-1997”, 1998. Dawud Al Khatib, head of the village local 68.0 Rantisi Saleh Abdel Jawad interview with oral tes-
5.1 D-Khalidi W. Khalidi, “Deir Yassin”, 1998, in Arabic. council, 11 November 2000 (in SAJ). timony of Samara Rantisi, el-Bireh, 2001 (in
Khalidi drew extensively on the work of 34.0 Childers E. Childers, “The Other Exodus”, The Spectator SAJ).
S.Kanaana/N. Zitawi, “Deir Yassin”, Birzeit (a London weekly), 12 May 1961 69.0 Abu Ghanim Student interview with Hassan Abu Ghanim,
Research Center, Palestinian Destroyed 35.0 B-Farah B.Farah,”Min al-‘uthmaneya ila adawlat al-’ibrya Birzeit, 20 December 2000 (in SAJ).
Villages, series #4, 1987. (From Ottomanism to the Hebrew State)”, 70.0 Ibrahim Student interview with Mohmmad Mahmoud
5.2 K-Khalidi W. Khalidi, “Khamsun ‹aman› ala harb 1948, 1985. Ibrahim, el-Bireh, 2 January 2001 (in SAJ).
ula al-hurub al-sihyuniyya al-›arabiyya [Fifty 36.0 H-Hathut H. Hathut, “Diaries of an Egyptian Doctor, 71.0 Saleh Student interview with Tawfiq Hussein Saleh,
years since the 1948 War, the First of the Palestine the First Disaster of 1948”, 1988. Birzeit, 2000 (in SAJ).
Arab-Zionist wars]”, 1998. 37.0 Abu Raya Student eyewitness interview with Abed Aziz 72.0 Al-Itihad Al-Itihad (Haifa newspaper), 6 January
5.3 F-Khalidi W. Khalidi (ed.), “From Haven to Conquest”, Abu Raya, village of Silwad, 1979 (in SAJ). 1998.
1992. 38.0 Nazzal Nazzal, dissertation, Vol. II, 260-264, interviews 73.0 Mudor A.R. Al-Mudor, Tieret Haifa, Berzeit Research
5.4 Khalidi W. Khalidi (ed.), “All that Remains, the Palestinian with Ahmad Yousef Ali and Ahmad Shahadi Center, Palestinian Destroyed Villages, series
Villages Occupied and Depopulated by Israel Muhammed. #19, 1995.
in 1948”, Institute for Palestine Studies, 38.1 N-Nazzal N-Nazzal, “The Palestinian Exodus from the 74.0 Ze-ev Saleh Abdel Jawad interview with Efrat ben
Washington DC, 1992. Galilee”, Galilee, 97 et seq. Ze-ev, Hebrew University, 1996, translated
6.0 Segev Tom Segev, “1949: The First Israelis”, Henry 39.0 Abu Sheikh Student eyewitness interview with testimony and gave SAJ copies of some of the cor-
Holt and Co., New York, 1998. of Ahmad Abdullah Abu Sheikh, Ramallah, 5 respondence between the IDF and the UN.
7.0 Palumbo M i c h a e l Pa lu m b o, “ T h e Pa l e s tin i a n April 1995 (in SAJ). 75.0 Hudeib M.A.S. Hudeib, Al-Dawayimah Village,
Catastrophe: The 1948 Expulsion of a People 40.0 Eye- Two eyewitness accounts offer different de- 1985.
from their Homeland”, Quartet Books, London, witnesses tails, but confirm the massacre. Muhammad 76.0 Atharbeh A. Atharbeh, Al-Dawayimah, Birzeit Research
1987. Adel Qadir al-Azziz Nazzal, student inter- Center, The Palestinian Destroyed Villages,
8.0 UNTSO UN Truce Supervision Observers Report Box view, Qabattia, 23 October 1999, provided 21 April 1997.
13/3.3.1 (Atrocities). an eyewitness report of the blowing up of 77.0 Al-Huriya “Olive Season Massacres: This is How They
9.0 Eyewitness Village Memorial Series, Bir Zeit University. houses. Ra’ouf al-Hadj Yehya, interview, 2001, killed The People in al-Dawayima Mosque
10.0 Susan Susan Slyomovics, “The Rape of Qula, a provides details of approximately 20 people During the Friday Prayer”, Sawt al-Haq wa-
Destroyed Palestinian Village”, submitted killed while fleeing (in SAJ). al-Huriya, 21 October 1994.
to Ahmad Sa›di and Lili Abu-Lughod (ed), 41.0 Hussein M.H.A. Hussein, “Burayr Village”, 1999 (in 78.0 S-M S.Kanaana/M. Eshtieh, Kofr Bir’am, Birzeit
“Touching a Painful Past: The Nakba as a Site SAJ). Research Center, Palestinian Destroyed
of Palestinian Collective Memory”, 2004. 42.0 Birzeit RC Rashad Madani from Gaza who conducted Villages, series #13, 1991.
11.0 Ben Meron Benvenisti, “Sacred Landscape: The oral history interviews with refugees in the 79.0 G-B G. Gil’ad, “Hiram” Report Activites ‘B’ 290800-
Buried History of the Holy Land since 1948”, south of Palestine for Birzeit Research Center 292000’, undated, IDFA 7249/49/170.
University of California Press, Berkeley, Los and Amneh al-Najar, student interviewer from 80.0 G-C G. Gil’ad, “Hiram” Report Activites ‘C’ – 292000-
Angeles, London, 2000. Beit Affa, el-Amari Refugee Camp, 1999 300800’, undated, IDFA 7249/49/170.
12.0 DYR see www.deiryassin.org. 43.0 Shammoutt Student eyewitness interview with Tamam 81.0 M-K The testimony by Mouhamed Karim, Mukhtar
13.0 SAJ Saleh Abdel Jawad (2007), “Zionist Massacres: Ahkal Shammoutt, 2001 (in SAJ). of Safsaf in UN documents, # S-0636-003-
The Creation of the Palestinian Refugee 44.0 Anonymous Other oral testimonies from people who still live 002, “Subject files – UN Military Observer
Problem in the 1948 War,” in E. Benvenisti in Jaffa and who wish to remain anonymous Records 9/8/48 – 23/03/4” reported by Major
& al, Israel and the Palestinian Refugees, were given to Saleh Abdel Jawad (in SAJ). Loheac and Captain Ballanie on 13 December
Berlin, Heidelberg, New-York : Springer, pp. 45.0 Hamoudeh H. Hamoudeh, “Al-‘Abbasiyeh 1921-1948: The 1948.
59-127. Struggle of a Palestinian Village”, Abbasiyeh 82.0 Srour E.S. Srour, “Eilaboun: History and Memory”,
13.1 AS-R Salman Abu-Sitta, “The Palestinian Nakba Villagers Association, n.d., 47-50, in Arabic. 1997, using the diaries of Fr. Marcos, the vil-
1948: The Register of Depopulated Localities 46.0 Abu Hakmeh Saleh Abdel Jawad interview with Anis Abu lage priest who was an eyewitness and who
in Palestine”, The Palestinian Return Center, Hakmeh, Ramallah, 1997. interceded with the IDF.
London, 2nd edition, 2000. 47.0 M-Abbasi M. Abbasi, “The Battle for Safad in the War of 83.0 Sunara Interview with Butrus Shukri Mata (Abu Hana),
13.2 AS-RV S.H. Abu Sitta, “The Palestinian Holocaust (Al 1948: A Revised Study,” International Journal Sunara (newspaper), supplement, 31 October
Nakba) 1948, The Register of Depopulated of Middle East Studies 36 (2004). 1997.
Localities in Palestine”, Preliminary draft, 48.0 MH-Kelman M. Kelman, Hagana Archives, file no. 65/13 84.0 Srouji E.Srouji, “The Fall of a Galilean Village dur-
1997 48.1 MI-Kelman M. Kelman, IDF Archives, file no. 1226/922/75, ing the 1948 Palestine War: An Eyewitness
13.3 AS-BW Salman Abu-Sitta, “Traces of Poison”, 121/4. Account”, Journal of Palestine Studies 33
Al-Ahram Weekly, Issue No.627, 27 Feb-5 49.0 N-BY N. Ben-Yehuda, Passed the Ropes, 1985, in (2004),
Mar 2003. See http://weekly.ahram.org. Hebrew, quoted in Benny Morris, “The Birth 85.0 Al-Ayyam Al-Ayyam, 15 May 2000, reports on a monu-
eg/2003/62/focus.htm. of the Palestinian Refugee Problem 1947-1949 ment in ‘Eilaboun to 28 villagers killed during
14.0 PPR Edward Horne, “A Job Well Done: A History Revisited”, Cambridge University Press, the war.
of the Palestine Police Force 1920-1948”, The Cambridge, New York, Sydney, 2004. 86.0 UN UN Document S-0636-0002-003 Subject
Book Guild Ltd, Sussex, England, 2003. 50.0 Goldenberg M. Goldenberg quoted in W. Lehn (in asso- Files – Senior UN Military Observers Records
15.0 Masalha Nur Masalha, “Operation Hafarferet, the ciation with U. Davis), “The Jewish National 28 July 1948 – 30 November 1948 Field
Massacre of Kafr Qassim”, The Arab Review, Fund”, 1988, 245-246. Observer’s Group: Beirut, “19 Septembre,
3 Jan 1994. 51.0 E-Y Information communicated to the author (Saleh 1948 No. 17/F: Reference votre lettre du 15
15.1 N-Masalha N. Masalha, “Explusion of the Palestinians: Abdel Jawad) by Elham Bayour, 1997, and septembre 1948.
The Concept of Transfer in Zionist Political Yousef Haddad, 1999 in California. Both are 87.0 UN-Doc UN document # S-0636-003-002, “Subject
Thought 1882-1948”, Arabic version hereafter intellectuals from Bassa who did important files – UN Military Observer Records 9/8/48
AV, English version hereafter EV, 1992. work on village history (in SAJ). – 23/03/49 reported by Major Loheac and
16.0 Anis Anis Sayigh, “Zionist Terror File”, Al Safir, 52.0 Y-S N.Yakub/F. Shalabi, Abu Shusha, Birzeit Captain Ballanie on 13 December, 1948”.
Beirut, 17 April 1996. See also “Who are the Research Center, Palestinian Destroyed 88.0 UN Docs UN Documents, #S-0636-003-002, “Subject
Terrorists? Aspects of Zionist and Israeli Villages, series #18, 1995. This monograph files – UN Military Observer Records 9/8/48
Terror”, The Institute for Palestine Studies, dedicated one whole chapter to the massacre. – 23/03/49”.
Beirut, 1972. Later the author published more advanced 89.0 UN-Docss UN document # S-0636-0002-003 “Subject
17.0 Issa Issa Nakhleh, “Encyclopedia of the Palestine accounts of the massacre in a number of Files – Senior UN Military Observers Records”,
Problem”, Intercontinental Books, New newspaper articles. 28 July, 1948 – 30 November, 1948 Field
York, 2 vol., 1991. Also see: www.palestine- 53.0 S-B S. Kanaana/B. al-Ka’bi, Kofr Saba, Birzeit Observers’
encyclopedia.com. Research Center, Palestinian Destroyed Group Beirut 21 September 1948 No. 21/F Reference votre
st
18.0 PNIC Palestinian National Information Centre, by Villages, series #11, 1991. lettre du 15.9.48 paragraphe 2. Incidents de
Palestine National Authority (PNA). See www. 54.0 O-T Five oral testimonies from the village, Saleh Sha’b (173-255).
pnic.gov.ps. Abdel Jawad and his students interviews (in 90.0 S-Titi Saleh Abdel Jawad interview with Saleh Idriss
19.0 Kurzman Dan Kurzman (Kurtzman), “Genesis 1948: The SAJ). Titi, quoting his aunt Fatmeh Othman Hassan
First Arab Israeli War”, DA Capo Press, New 55.0 Slotsky Y. Slotsky, “Sefer Toldot Ha Haganah” [The ‘Abas, Irvine, California, 6 June 1999.
York, 1992. History of Haganah], From Struggle to War, 91.0 Al Daqs Oral testimony of Abu Ishaq al Daqs, 85 years
20.0 robinmiller www.robincmiller.com; References are from Part II, 1972, Hebrew version, translated old when interviewed by Kadija Abu ‘Arqoub
R. Dare Wilson, “Cordon & Search: With 6th into Arabic by A. Kalifah as The Palestine for Wattani (newspaper), No. 25.
Airborne Division in Palestine, 1945-1948”, War 1947-1948: An Official Israeli Account, 92.0 Esber Esber, Rosemarie, Under the Cover of War:
Gale & Polden, Aldershot, London, 1949, 1986. The Zionist Expulsion of the Palestinians,
reprinted Battery Press, Nashville, 1984. 56.0 Titi Saleh Idriss Titi, communication to Saleh Abdel Alexandria, VA: Arabicus, 2008.
21.0 Badil www.badil.org. Jawad, confirms atrocities, saying that most 93.0 IDF “C Company,” 103rd Battalion report, signa-
22.0 Pappe Ilan Pappe, “The Tantura Massacre, 22-23 of those killed were refugees (in SAJ). ture illegible, November 2, 1948, IDF Archive
May 1948”, Journal of Palestine Studies, 57.0 Najar Amneh Al-Najar, student interview from 1096\49\\65.Quoted by B Morris in Crimes of
30/3, Spring 2001. Also, Ethnic Cleansing of Beit Affa, el-Amari Refugee Camp, 1999 (in War: a-z Guide.
Palestine, Oxford: One World, 2006. SAJ).
97
P a r t I : G e n e r a l R e v i e w
Map 3.9: Initial Armistice Line at Gaza Strip Ben-Gurion had agreed on the need to drive out
by intimidation Arab communities along the Faluja-
Majdal axis.291 The intimidation to induce villagers
to leave was an established policy. Moshe Shertok,
(Sharett), Israel’s foreign minister, stated on July
28, 1949, some four months after the expulsion
of the population of the two villages: “It is not
possible in every phase to arrange what some of
our boys engineered in Faluja [where] they chased
away the Arabs after we signed an…international
commitment… There were warnings from the UN
and the U.S. in this matter…[There were] at least
25-30,000…[in other places] whom we could not
uproot”.292 Contrary to the terms of the Armistice
Agreement, Israel expelled the population and
confiscated their property after the end of the 1948
war, by means of “intimidation ‘without end’ (bli
sof)”- “intimidation using ALL means”.293
286 Exchange of Letters, signed by Dr. Ralph J. Bunche, UN Acting 2001, Appendix 4, pp. 124-126. 294 UNTSO, December 25, 1948 entry, UN file DAG – 13/3.3.1:10
Mediator and Walter Eytan, Head of the Israeli Delegation, dated 289 Ibid. (Atrocities).
24 February 1949, attached to the Egyptian-Israeli Armistice 290 Michael Palumbo, The Palestinian Catastrophe: The 1948 295 ICRC G59/I/GC, G 3/82, January 1949 Report, dated Gaza,
Agreement. Expulsion of a People from their Homeland. London: Quartet February 4, 1949.
287 Attacks on Gaza Strip in 1950-1956 were staged from military books, 1987, pp. 175-178; and, Morris, supra note 242, p. 296 See Security Council S/1471 of March 17, 1950, Text and
bases at these locations. See Benny Morris, Israel’s Border 522. Map.
Wars 1949-56. Oxford: Clarendon Press, 1993. 291 Morris, supra note 242, pp. 243-45. 297 See details of the case and eyewitness testimonies in: Abu Sitta,
288 Julie Peteet, “The AFSC Refugee Archives on Palestine, 1948- 292 Ibid, p. 249. Salman, How Israel contrived to shrink Gaza Strip, London: al-
1950,” Reinterpreting the Historical Record, in Salim Tamari & 293 Benny Morris, 1948 and After, Israel and the Palestinians. Hayat newspaper, March 28, 2009, p. 15 [Arabic] accessed at:
Elia Zureik (ed.) Washington, DC: Institute for Palestine Studies, Oxford: Clarendon Press, 1990, p. 131. http://www.plands.org/store/writing/GazaArmisticeLine.pdf.
98
C h a p t e r 3 : T h e N a k b a
Map 3.10: The Demilitarized Zone in Map 3.11: Ceded Strip in Nocturnal Negotiations
Jerusalem according to the Agreement
of July 7, 1948
The Armistice with Jordan Source of Ceded Strip: UN map H212-10-1947. The correct armistice line, Israeli frontline, village names, roads
and areas are added.
298 See, Akiva Eldar, How we fooled the Egyptians, Haaretz, Sept. Haaretz (and Reuters), Sept. 21, 2005. Amman: al-Shorouk, 1997, p. 109. Also see, al-Tell, supra note
27, 2005. 300 See, generally, Shlaim, supra note 268. 276, p. 234.
299 Israel says it sets international border with the Gaza Strip, 301 See, Sadik al Shara’, Our Wars with Israel, 1947-1973. [Arabic] 302 Ibid, al-Tell, pp. 234-38.
99
P a r t I : G e n e r a l R e v i e w
Map 3.12: No Man’s Land at Jerusalem Map 3.13: No Man’s Land at Latrun
continuity was maintained through Palestine be- His negotiators in Rhodes were unaware of the Kingdom…designed to offset the…lines in the
tween Transjordan and Egypt both under British mysterious secret dealings.303 Iraqi sector”, (article VI, paragraph 4) are entirely
influence. Neither Britain, nor any Arab government fictitious. No modification whatsoever was made.
actively supported an independent Arab Palestine. The loss to Palestinians was unexpected and In the Jerusalem sector, article V, paragraphs a,
The Arab Legion did not provide assistance to the caused a great deal of grief. See Map 3.11. The b, hides the fact that Jordan ceded to Israel the
Egyptian army in the southern front which came nocturnal agreement affected the life of about Jaffa-Jerusalem railway line running south of
under Israeli attack from mid-October 1948 to mid- 100,000 (98,545 in mid-1949) Palestinians living Jerusalem and eliminated the No Man’s Land north
January 1949. Iraqi officers became agitated when in 70 villages intersected or dissected by the new of Jerusalem, limiting the No Man’s Land to the
the Arab Legion disobeyed orders from the joint line. Of those, 18 Arab villages in the ceded strip Latrun area. See below. The “heavy-handed, devi-
command in Nablus. The strain between the two found themselves suddenly under Israeli rule. ous and plainly unscrupulous methods employed
Hashemite armies of Iraq and Jordan reached its Thirty-eight villages, which remained in the West by Dayan” apparently paid off.305
height in the spring of 1949. The Iraqi army decided Bank, lost much of their land. Fourteen additional
to leave Palestine and hand over control of Tulkarm, villages on the Israeli side of the line lost some Dayan used the 1:20,000 maps he already signed
Nablus and Jenin to Jordan. The Iraqis had held of their land. Palestinians lost one of the richest with Abdullah al-Tell on November 30, 1948 in con-
this front and repulsed the Israeli attacks on it for and most strategic areas of 371 sq.km. which is nection with the ‘sincere and absolute cease-fire’
about ten months. While armistice negotiations comparable to the area of Gaza Strip. Known as agreement for Jerusalem to Israel’s advantage.
were proceeding between the Jordanian and Israeli the Little Triangle, the area contained the villages Dayan used soft wax pencils which translated
delegations in Rhodes under UN sponsorship, the of Umm al-Fahm, at-Tire, at-Taiyba, Kafr Qasem into 40-60 metres of the ground, enough to cover
Israelis sent a message to King Abdullah that they and Baqa al-Gharbiya. Many of these villages have houses and streets. Upon Dayan’s request, King
wanted to share the land evacuated by the Iraqi now grown into towns. The larger towns of Tulkarm Abdullah agreed, to Ben Gurion’s surprise, to move
army. Israel threatened that it would occupy the and Qalqilya barely escaped being divided by the the cease-fire line 200 metres south to include the
whole of the West Bank, noting they outnumbered line and remained in the West Bank. railway line on the Israeli side. The Jordanians were
the Jordanians ten to one. Jordan did not agree ready to split the Government House, the United
to their demand. To prove the seriousness of their The final Armistice Agreement, signed on April Nations Truce Supervision Organization (UNTSO)
demand, the Israelis mobilized three brigades in 3, 1949,304 incorporated the terms of the secret headquarters, had it not been for international
broad daylight. During three nights of meetings negotiations between King Abdullah and Israel protest. The division of No Man’s Land met with
at Shuneh in Jordan, senior Israelis met in utmost and added fictitious or unfulfilled clauses to make strong and violent resistance from the hapless
secrecy with King Abdullah and his senior minis- it appear more balanced. An area said to be inhabitants. The village of Bayt Safafa was doomed
ters and officers to hammer out the best way to gained by Jordan at al Fatour was never handed to be severed in the middle. The village of Sur
satisfy this Israeli demand. The King finally caved in over. The cost of an alternative road between Baher with its dominant hillside in south Jerusalem
leading to the secret agreements of March 23 and Tulkarm and Qalqilya to be paid by Israel (article also passed into Israel’s hands.306 (See Map 3.12.)
30, 1949, which were incorporated in the official VI, paragraph 5) was never paid. The modifications Attempts to exchange places and villages at Latrun
armistice agreement being discussed in Rhodes. “in favour of the forces of the Hashemite Jordan failed and the status quo remained.
303 This bizarre story is lucidly described by Avi Shlaim, supra Oxford: Oxford University Press, 1990, pp. 290-316. 305 Shlaim, supra note 268, pp. 326-28.
note 268, pp. 406-33, or in an abridged edition, The Politics of 304 General Armistice Agreement between the Hashemite Kingdom 306 Ibid., p. 328.
Partition, King Abdullah, the Zionists and Palestine, 1921-1951. of Jordan and Israel, dated April 3, 1949.
100
C h a p t e r 3 : T h e N a k b a
Map 3.14: The Changing Armistice Line in Jerusalem and Latrun Areas land and beyond, in the West Bank.
The obvious conclusion from this review is that
the Israelis were pushing to annex more land
and the Jordanians were unable to resist that,
especially if ordered by King Abdullah. The secret
negotiations with him were going on for at least
2 years earlier. The final position of both parties
was more dictated by the balance of power,
including crude arm twisting, rather than by the
skill of negotiations.
307 Farsakh, Nizar, the Status of the Latrun’s No Man’s Land, MA 311 This is the text of Egyptian military telegram dated December 7, the railway line at Beit Safafa to about 300 m behind. I refused.
Thesis, Geography Dept, King’s College, London, 2003. 1948. “From Bethlehem Command to HQ. A Truce officer came I do not recognize this modification. There are Arab houses in
308 Aref Aref, Aref, Al Nakba, Nakbet Beit al Maqdis and the Lost to [see] me to agree on modification of the line according to the the area and this is the only place in my front where the railway
Paradise, 1947-1955, Saida; Lebanon: Al Maktaba Al Asria, n.d., agreement between the Arab Legion’s ‘[the Jordanian Army] passes…”, quoted in Mohamed Hasanein Heikal, Thrones and
vol. 4, pp. 897-901 [Arabic]. representative and the Jews’ representative. I understood that Armies: 1948 Palestine War Diary, Cairo: Dar al Shurouk, 2000,
309 Ibid, p. 898. the Arab Legion representative was speaking on my behalf. I Vol. 2, [Arabic} p. 430.
310 Survey of Israel, 1:100,000 (based on Survey of Palestine), told the Truce officer that he [the Arab Legion officer] was not 312 Shlaim, supra note 268, p. 432.
Ramleh Sheet, 1952-1959, partly in Hebrew. See also Farsakh, authorized by me [to speak on my behalf]. Modification requires
supra note 307, p.21, no. withdrawal of some of my forces from [the position] in front of
101
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Map 3.15: The Dissected Villages by the Armistice Line in the West Bank and Gaza Strip procession proceeding along both sides of the
and Their Land Areas on Either Side of the Line barbed wire of a divided village, like Bayt Safafa,
was often the scene of anger and rage. Doubts
about the location were always interpreted against
the villagers’ interest. It did not help matters that
the Arab officers, whether Egyptian or Jordanian,
accompanying the Israelis, were ignorant of the
territory. They did not appreciate the value of a
hill, a valley or a road to the village life. Villagers’
protestation rarely succeeded. 313 Definitions of
various DMZ and No-Man’s Land allowed control-
led access to the area for the inhabitants in order
to reach their homes and lands. In practice, they
only met harassment and obstruction. After 1967,
Israel annexed DMZ and No-Man’s Land areas
and destroyed the villages within it.
313 One exception was a slight deviation of the line in favour of the Shara’, supra note 301, p. 298; and, al-Aref, supra note 308. 316 Shlaim, supra note 268, p. 275.
village. The land in question was not very strategic. Interview For study of released Israeli files see, Morris, supra note 293; 317 Israeli-Syrian General Armistice Agreement, date July 20,
with Haj Mohammed Abu Daqqa, mukhtar of Abasan, Gaza and, Benny Morris, supra note 287. 1949.
Strip, October 1995. 315 Lebanese-Israeli General Armistice Agreement, dated March
314 Arab sources describe many of these atrocities. See, e.g., 22, 1949.
102
C h a p t e r 3 : T h e N a k b a
Map 3.16: DMZ at Palestine/Syria Border (2,437 donums), the grand total will be 66,881 split Lake Tiberias between Israel and Syria, not
and Village Land Areas donums. This territory was Palestinian land. It an unreasonable demand, considering the Syrian
had ten Palestinian villages (Khan ad-Duweir riparian rights according to the 1923 Border
in the northern sector; Kirad Baqqara, Kirad Agreement and the 1926 Good Neighbourly
Ghannameh, Mansurat al-Khayt, Yirda in the Agreement. Ben Gurion refused the offer. 321 Just
central sector; Samra, old and new Nuqeib, after signing the Armistice Agreement, Zaim
Khirbet Tawafiq and al-Hemma in the southern himself was toppled by another officer.
sector). There were only two Jewish settlements:
Mishmar Hayarden and Ein Gev. (Map 3.16 and Soon after the Armistice signing, Israel started
the accompanying table.) to assert control over the DMZ in an effort to
claim sovereignty. Twenty years later, Dayan
The negotiations leading to the Armistice admitted that Israel provoked clashes (80
Agreement were strenuous, lasting from April to percent according to Dayan) with Syrians as a
July 1949. The Israelis insisted on the withdrawal justification for introducing Israeli military forces
of Syrian forces from the area so that the area into the DMZ. 322 This was in direct violation of
would be demilitarized. The Syrians rejected the Armistice Agreement. Israel then started to
this demand while Israel was illegally occupy- divert the Jordan River and drain Lake Huleh.
ing large parts of Palestine. Dr. R. Bunche, the The Security Council condemned this action
UN Acting Mediator, finally arrived at a solution and ordered Israel to stop all diversion work. US
by issuing a letter which became known as the President Gen. Eisenhower stopped financial aid
“authoritative statement”. Three weeks before to Israel. Israel expelled most Palestinians from
the signing, on June 26, 1949, Dr. Bunche sent their villages to Syria (population 3,770). Those
a letter to both the Israeli and Syrian sides. In who remained (600) were relocated in Sha’ab
this letter, which was made part of the official near Acre. One of them, Abu Salim Khawalid,
record, he specifically excluded Israel’s claims had this to say in his testimony, “The soldiers
of sovereignty over the area to be included in the ordered us to leave the village that very night,
Armistice Agreement. “Questions of permanent and threatened that if we did not leave, they
boundaries, territorial sovereignty, customs, would do to us what was done to the inhabitants
trade relations and the like must be dealt with of al-Husseiniya village. We knew that the Jews
in the ultimate peace agreement and not in the had slaughtered dozens of them like sheep. We
armistice agreement”, he stated 318 (emphasis in were absolutely panic-stricken”. 323
the original). The listed topics of future negotia-
tions, except sovereignty, reflected the same A statement by the Israeli Foreign Minister on
issues resolved in the 1926 Agreement. April 15, 1951 claimed Israeli sovereignty over
DMZ as of 14 May 1948, on the basis that, “it was
Dr. Bunche went on to say, addressing Moshe always part and parcel of the British Mandated
Sharett (Shertok), Israel’s Foreign Minister, “From Territory”.324 The British immediately rejected the
the beginning of these negotiations, our greatest statement as “most menacing assertion” and
difficulty has been to meet Israel’s unqualified noted that “Israel had on numerous occasions
demand that Syrian forces be withdrawn from firmly refused to have themselves regarded as the
Palestine. We have now, with very great effort, successors of the former Palestine Government”
persuaded the Syrians to agree to this. I trust and also noted that “firm UN action was neces-
Area Area this will not be undone by legalistic demands sary in order to combat Israeli pretensions”. 325
Total
District Village Name Outside Within
Area about broad principles of sovereignty and ad- Israel has denied repeatedly that it is a successor
DMZ DMZ
Safad Abisiya al 14,119 1,398 15,516 ministration which in any case would be worked state to Palestine lest it should restore to the
Safad Abu Zeina K. 13,356 3,585 16,941 out satisfactorily in the practical operation of Palestinians their nationality, their property and
Safad
Aiyelet hash Shahar
3,938 4,812 8,751 the scheme”319 (emphasis added). Dr. Bunche other obligations of the state to its citizens. Israel
& Yarda
Safad Dan 2,697 2,863 5,560 extended the exclusion of Israel’s claims of claimed that it should annex this area because
Safad
Dardara & Mazari’
- 6,467 6,467
sovereignty to other demilitarized areas, such it fell in the Jewish part of the Partition Plan (UN
ed Daraja
Safad Dirbashiyya 2,766 - 2,766
as the Government House and Mt. Scopus in Resolution 181). If the Partition Plan is Israel’s
Tiberias Hamma, el - 1,628 1,628 Jerusalem and al-Auja DMZ on the Palestine/ legal reference, Israel should not then refuse, as
Safad Hatsor 2,293 27 2,320 Egypt border. Two years after Dr. Bunche’s it did, to hand back 24 percent of Palestine (6,320
Safad
Hula Cocession
41,768 242 42,010 statement, the Security Council, in its resolution sq. km or about 100 times the area of DMZ) which
Area
Safad Kirad al Baqqara - 2,206 2,206 of May 18, 1951 about Israeli violations of the was occupied over and above its allocation in the
Safad Kirad al Ghannama 2,695 1,484 4,179 Armistice Agreement, affirmed his statement Partition Plan, most of it in Galilee itself.
Safad Lake Hula 14,110 594 14,703 and called upon the parties to give effect to
Safad Mansurat al Khayt 4,296 2,408 6,704
“the authoritative comment on article V of the Syria insisted on the return of the expelled refu-
Safad Mishmar hay Yarden - 5,223 5,223
Syrian-Israeli Agreement”. 320 gees and restitution of their land as affirmed by
Safad Mughr al Khayt 6,508 134 6,642
Tiberias Nuqeib (‘Ein Gev) - 12,916 12,916
Security Council resolution of May 18, 1951. Syria
Tiberias Samakh 12,223 6,391 18,614 It is somewhat surprising that, during this armi- did not accept Israeli sovereignty over DMZ. Ben
Tiberias Samra al - 12,056 12,056 stice negotiation, Ben Gurion did not jump at the Gurion was determined to seize the demilitarized
Safad Tulayl 5,286 12 5,298 offer made by Husni az-Zaim, the officer who zone with Syria, in Jerusalem with Jordan and
Total 126,055 64,444 190,499
just toppled, in a coup d’etat, the democratically in the south (al-Auja) with Egypt. Frequent at-
Note: All areas in donums
elected government of Shukri al-Quwatli. Zaim tacks on Syria were designed to provoke Nasser
had a record of embezzlement, poor military into a war to defend Syria under the Combined
Agreement included: the north sector, north of performance and a penchant for high living. Defence Pact of October 20, 1955. Nasser did
Azizat (4.2 sq. km); the central sector, south of Zaim offered Ben Gurion, not an armistice agree- not respond, neither did he respond when Egypt
Huleh and a strip along the Jordan (26.9 sq. km) ment, but a full-fledged peace treaty with Israel, itself was attacked in Subha and Kuntilla. But
and the south sector, east of Lake Tiberias (33.3 unthinkable at the time. He also offered to settle another opportunity was sought and found. The
sq. km). This makes a total of 64,444 donums. in Syria 300,000 Palestinian refugees, the entire collusion of Britain, France and Israel in the Suez
If lake Hula is included (dotted line in Map 3.16) population of Galilee. His only condition was to Campaign of 1956 provided the required oppor-
318 Toye and Seay, supra note 41, Vol. 5, pp. 330-331. July 1, 1999. 240, pp. 361-364.
319 Ibid. 323 Minority Rights Bulletin – The Palestinians. Available at, www. 324 Toye and Seay, supra note 41, Vol. 5, p. 342.
320 Ibid, Vol. 5, p. 335. minorityrights.org/profiles. Also see, Donal Neff, “Israel-Syria: 325 From the British Legation, Tel Aviv to F.O. London, April 16,
321 Shlaim, supra note 268, p. 316. Conflict at the Jordan River, 1949-67,” 23 Journal of Palestine 1951 in Toye and Seay, Vol. 5, supra note 41, p. 340. The whole
322 Interview with Moshe Dayan by Haim Hanegbi, Ma’ariv [Hebrew], Studies 4 (Summer 1994), pp. 26-40; and, Morris, supra note subject is discussed in correspondence, pp. 335-374.
103
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Map 3.17: Sources of Armistice Line Demarcation 3.4 gives the code for classification of villages
with respect to their location in relation to the
Armistice Line and their status regarding depopu-
lation or repopulation and other data for old and
new villages. Table 3.5 gives the measured area
of each district classified according to whether
its villages were located fully inside, outside or
within Armistice Line. The final measured area
is compared with the official area in Village
Statistics (1945). The comparison shows good
correlation. The largest relative difference is in
Beer Sheba and al-Khalil (Hebron) due to the un-
certainty of the eastern boundary at the Dead Sea
and Wadi Arabah. The same table shows at right
the DMZ measured areas per district. Figures
for Safad and Tiberias districts represent DMZ
at the Syria border. Figures for Ramle, Ramallah
and Jerusalem districts represent DMZ and No
Man’s Land at Latrun and Jerusalem. Figure for
Beer Sheba represents the DMZ at al-Auja at
the Egyptian border.
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C h a p t e r 3 : T h e N a k b a
Table 3.5: Summary of Measured Areas of Village Lands Separated or Dissected by the Armistice Line by District
Notes: All areas in donums. Safad District includes Lake Hula. Tiberias District excludes Lake Tiberias. Largest differences are in Hebron and Beer Sheba due to the uncertainty
of the eastern boundary.
Table 3.6: Classification of All Palestinian Villages and Jewish Colonies in Palestine (1948) by Number
Table 3.7: Classification of All Palestinian Villages and Jewish Colonies (1948) inside Armistice Line and within it
105
P a r t I : G e n e r a l R e v i e w
Map 3.18: The Classification of all Map 3.19: The Classification of all Palestinian Villages and Jewish Colonies in 1948 with
Palestinian Villages and Jewish Colonies respect to their Status
in 1948 in relation to the Armistice Line
106
C h a p t e r 3 : T h e N a k b a
Table 3.8: Palestinian Towns (including Mixed) and Villages that fell under Israel in 1948 (inside and within AL)
Figure 3.1: The Correlation between Israeli Operations, Massacres and Village Depopulation
listed under 77 clans. They owned and cultivated lands were occupied by Israel such as Qibya and The Depopulation Date is by necessity approxi-
land more than half the registered land in Palestine. Shuqba; intermediate localities such as Wadi Sarar mate. It could be the date of the Israeli onslaught
In terms of population they were equivalent to 125 and Wadi al-Bira or bedouin clans other than in on the village or after that date by one to two days
average villages. The land of each clan was much Beer Sheba such as Arab al-Wuheidat and Arab when Israeli troops completed the occupation of
bigger than a typical northern village. Sawarka Daldum (ar-Ramleh district). Thus the the village and started expelling the population. If
number of depopulated localities is much larger the village was depopulated more than once, that
The Register records 530 towns and primary vil- than reported before. is the population were expelled but some returned
lages which were the refugees’ home. However later, the first date is entered. There are listed dates
there were other locations or hamlets which were The name of each town/village is given in English on which the bulk of population, especially women,
depopulated. Their total number (674) is marked and Arabic according to W. Khalidi based on the children and old men, have left, while a dozen
in the Atlas but the additional villages were not official Gazetteer (when such names are avail- young men remained fighting, protecting their
listed in the Register because their names were able). The definitive article, al, is added in the property, watering their orchards or taking care
uncertain or because the village was a satellite, end. So are the letters A (Arab) or K (Khirbet = old of their cattle. Few dates are imprecise, such as
or part, of the same village but scattered in other site of). Thus: Samniyya al K A = Khirbet Arab al early November. These were entered at a definite
multiple locations as in the Beer Sheba district. Samniyya. The names are arranged alphabetically date such as 1 or 5 November. Nevertheless the
The UN Relief and Works Agency for the Palestine for each district. majority of dates are reasonably accurate.
Refugees (UNRWA) has on its list refugees from
another 662 (Palestinian and Jewish) locations, The term ‘district’, was used instead of the longer Plotting the population of the villages against the
giving a total of depopulated localities of 1,192. but more accurate ‘sub-district’, or Arabic qadha, depopulation date and superimposing the dates of
These additional localities may be Jewish colonies, indicating one of the 16 districts according to Israeli-operations and the occurrence of massacres
such as Bayt Alfa and Bayt Yousef; Palestinian the latest (1944) administrative boundaries of reveal a remarkable result. Figure 3.1 displays
villages beyond the Armistice Line but their Palestine. highly significant aspects of al Nakba. We explain
107
P a r t I : G e n e r a l R e v i e w
108
C h a p t e r 3 : T h e N a k b a
109
P a r t I : G e n e r a l R e v i e w
110
C h a p t e r 3 : T h e N a k b a
111
P a r t I : G e n e r a l R e v i e w
112
C h a p t e r 3 : T h e N a k b a
113
P a r t I : G e n e r a l R e v i e w
114
C h a p t e r 3 : T h e N a k b a
115
P a r t I : G e n e r a l R e v i e w
Table 3.10: Classification of Exodus Causes by Morris Galilee and on Lydda and Ramle in the centre. Most
Israeli operations were preceded by a massacre or
Register Symbol by an atrocity to expedite the flight of the refugees.
Explanation
Reference Morris Over 70 massacres have been recorded.
1 E Expulsion by Jewish forces.
2 M Military assault by Jewish troops.
Fifth, as Figure 3.1 shows, it is remarkable to note
that, in the brief duration of the First or Second
Haganah/IDF “whispering” campaigns(i.e. psychological warfare geared to obtaining
3 W
Arab evacuation. Truce, hardly any villagers left their homes. If the
Israeli claim that the refugees left on Arab orders
4 F Fear of Jewish attack, or of being caught up in the fighting
or on their own accord is true, the lull in the truce
5 C Influence of fall of, or exodus from, neighbouring town.
would have been an ideal opportunity for them to
6 A Abandonment on Arab orders. pack their belongings and leave. But they did not
leave, neither at the First or Second Truce. Thus
Table 3.11: Assignment of Reasons for Exodus per Each District the Israeli claim is false.
Register Reference 1 2 3 4 5 6 No data Subtotal The lull in the Second Truce was broken tempo-
Total rarily by Israeli “cleansing” operations to clear out
District a b a b a b a b a b a b b a b
pockets of remaining villages. The Truce came to
Acre 8 1 14 4 1 22 6 28
an abrupt end with the Israeli attack on the south
Al Ramleh 6 36 7 2 6 1 4 51 11 62
of the country in violation of the Truce. This re-
Baysan 1 1 4 1 2 16 1 5 25 6 31 sulted in the total depopulation of all villages in the
Beer Sheba 1 52 1 29 4 1 2 86 88 Southern District. This single Figure (3.1) sums up
Gaza 5 3 25 7 3 2 1 35 11 46 the grim sequence of al Nakba and debunks many
Haifa 6 5 25 6 1 3 1 3 9 38 21 59 of the Israeli myths which have been circulated
for many decades.
Hebron 2 1 11 1 1 14 2 16
Jaffa 2 11 1 1 9 1 1 22 4 26
From oral testimonies collected by Bir Zeit
Jerusalem 1 1 29 4 4 30 9 39 University and others328, villagers, when attacked,
Jinin 1 4 1 6 0 6 sought refuge in a nearby village. When that was
Nazareth 4 1 5 0 5 attacked too, both moved to a third safe place not
Safad 8 2 20 16 9 8 12 2 2 57 22 79 far from the original village. Refugees ended in the
Tiberias 7 8 1 3 1 3 4 15 12 27 last refuge or camp after a long journey through
a circuitous route. They were always trying to
Tulkarm 2 6 3 3 2 2 8 10 18
return home.
Sub-Total 41 81 195 75 12 0 31 7 46 3 5 0 34 330 200 530
TOTAL 122 270 12 38 49 5 34 530 The reasons for the exodus are classified in cat-
100%
Percentage 24.6% 54.4% 2.4% 7.7% 9.9% 1.0% - egories following Benny Morris.329 See Table 3.10.
It is clear that some categories are interrelated.
Notes: a = from Morris designation, b = deducted from other sources.
Categories 1, 2, 4, 5 are directly caused by Israeli
military action; category 3 is part of the Israeli
this for the period between 29 November 1947, Second, the great majority of depopulated villages psychological warfare and category 6 is abandon-
the date of the Partition Plan resolution no. 181, in this period were located in the area allocated to ment by own choice or by Arab orders.
and 20 July 1949, the date of the last Armistice a Jewish state in the Partition Plan. The inhabitants
Agreement between Israel and an Arab country of these villages would have been (non-Jewish) Table 3.11 shows the depopulation of villages
signed with Syria. First, a very large number of citizens of the new state. Ben Gurion wanted an by category and by district according to Morris’s
villages and several major towns have been de- Arab-free state. Hence ethnic cleansing took place designation of 369 villages (Note a) and the desig-
populated immediately following the start of Plan to rid the new state of its Palestinian citizens. nation based on other (mostly Arab) sources (Note
Dalet in April 1948. By the date of declaring the b) for additional villages entered in the Register.
state of Israel in the afternoon of 14 May 1948, 212 Third, a mere 27 days after 15 May 1948, until It is clear that the largest number of villages, 270
villages and 5 major towns, Haifa, Jaffa, Tiberias, the announcement of the First Truce on 11 June out of 530, were depopulated by “military assault”
Baysan and West Jerusalem, were depopulated. 1948, Israeli militias (now called IDF) occupied and the lowest number, only 5, by own volition.
Thus, over half of the Palestinian refugees (55%) more land and expelled more refugees in spite Military action (categories 1, 2, 5) caused the de-
were expelled or forced to leave by the Zionist of the intervention of Arab regular forces which population of 89 percent of the villages. Fear or
militia (the Haganah, Irgun and Stern gangs) entered Palestine on 15 May 1948. The Israelis psychological warfare (categories 3, 4) caused the
while Palestinians were supposed to be under were much better organized, and vastly outnum- depopulation of another 10 percent, leaving only
the protection of the British Mandate and before bered the regular Arab forces. Thus the notion 1 percent leaving “voluntarily”. Map 3.20 shows
any Arab regular soldier entered Palestine to save that the few (Jews) were pitted against the many the locations of the 530 villages and the reason
the Palestinians. (Arabs), or little David against the giant Goliath, for their exodus as per Table 3.11. Map 3.21 gives
is simply a myth. more information to cover extra 163 villages and
At this time, the total strength of the Zionist militia shows also the date of exodus and the Israeli
was 65,000, many were well trained and led by At the end of these 4 weeks, two thirds of the operation concurrent with it.
veteran European officers of WWII. The Zionists refugees (66%) were expelled and all the major
also were able to manufacture ammunition and Palestinian towns in the centre and the north The column about the Palestinian Arab popula-
armoured vehicles and, as such, were not harmed were over-run, occupied and depopulated (ex- tion in 1948 is based on Village Statistics (1945)
by the arms embargo imposed by Britain. On the cept Nazareth: occupied but not depopulated). produced by the British Mandate government. The
other hand, the Palestinians were defenseless, The victory of the immigrant army of the Israelis natural growth of the Muslim Palestinians was 3.8
without a single command, wireless or armour. The over the defenseless Palestinians was complete. percent per annum according to government sta-
Arab irregular volunteers who came to help were a All subsequent Israeli operations were intended tistics. Since most of the refugees were Muslims,
motley, ineffective group which caused more dam- to increase the occupied area and remove the and allowing for four years, from 1944 the date
age than gave support. This contradicts Israel’s remaining Palestinians. of the survey to the end of 1948, the population
claim that, in expelling Palestinians, it was acting figures of Village Statistics were upgraded by 1.16
in self defense and that the refugees’ exodus was Fourth, the 10-day period between the First and and shown as such in the Register. The Register
an accident of war, not an Israeli plan. Second Truce witnessed the Israeli onslaught on shows only the depopulated villages and some
328 See the destroyed village series by the Birzeit Center for Research and Documentation of Palestinian Society (CRDPS). Also see, www.palestineremembered.com. 329 Morris, supra note 242, p.xiv.
116
C h a p t e r 3 : T h e N a k b a
Map 3.20: Reasons of Exodus for Depopulated Palestinian Map 3.21: Dates, Operations and Reasons for Exodus
Villages
of those depopulated and repopulated again. The Those who became refugees, including those from Sheba, by adding 36,447, this range becomes
population of the depopulated Palestinian towns Beer Sheba town in 1948, are 91,704 as shown in 926,647 to 940,649, which is closer to our figure
has also been entered in the Register according the Register. In 1998, they numbered 563,181. The of 935,000.
to the upgraded Village Statistics but subtracting rest, 118,000 (1998), remained in Israel.
the estimated number of those who remained. This For the Israeli view, Morris writes, “The Director
applies to Jaffa, Haifa, Acre, western Jerusalem, On this basis, the total number of refugees in 1948 General of the Israel Foreign Ministry, Eytan, in a
Ramleh, Lydda and Shafa Amr. No Palestinians is 804,517. This excludes the additional refugees private letter in late 1950 referred to the UNRWA
were allowed to remain in Baysan, Safad, Tiberias, from 662 hamlets or locations; some were living registration [sic] in 1949 [UNRWA was not in exist-
Beer Sheba, Isdud and al-Majdal. Nazareth was in or near 183 Jewish colonies, others were living ence then] of 726,000 as “meticulous” and thought
not depopulated. in small hamlets not stated as primary villages by that “the real number was close to 800,000””.
the British Mandate. By comparing this figure with But officially, Israel stuck to the lower figure of
The population of the Beer Sheba district needs UNRWA data, it is estimated that these additional 520,000-530,000. The reason was simple: “if
special consideration. Since the 1931 Census, refugees, pro rata, to be 130,000, making a total people…became accustomed to the large figure
the number of all Bedouins in Palestine appeared of 935,000 for 1948 refugees. and we are eventually obliged to accept the return
static at 66,500, of which 57,265 lived in Beer of the refugees, we may find it difficult, when
Sheba.330 This figure was still quoted in 1950 in UN The figure frequently quoted for the 1948 refu- faced with hordes of claimants, to convince the
documents. This is erroneous. Aref’s first survey gees is 726,800, often approximated to 750,000. world that not all of these formerly lived in Israeli
of 1931331 estimated the population at 47,632 with This is erroneous. The quoted figure of 726,800 territory…It would, in any event, seem desirable
several reservations. He excluded al-Ehewat and comes from the UN Conciliation Commission on to minimize the numbers…than otherwise”.335
the town of Beer Sheba and admitted under- Palestine (UNCCP).333 This figure suffers from two
counting. More importantly, he underestimated defects: (a) It is based on Village Statistics (1945) The village land area column lists the total village
female population because of traditional lack of and needs to be updated four years to 1948; and, land as given in the Village Statistics (1945) for the
access. This correction is estimated to be 1.0825 (b) it uses the low figure of 53,550 for the Beer indicated villages. The land area includes Public
to allow for equal number with males. Correction Sheba district in 1931. When adjusted, the figure land and Jewish land portion if small. This area is
for undercounting is estimated at 1.05. Upgrading of 726,800 becomes 875,000 from main villages, listed only once if two villages in the same village
this figure to 1948 at natural growth of 3.5 percent leaving out secondary villages. It just falls short boundary list appear in the list. The total shows
per annum, the total population of Beer Sheba is of Janet Abu-Lughod demographic analysis of 17,131,675 donums, being a rough indication of the
estimated to be 96,910 in 1948. In 1946, Dajani332 population in Jewish-held areas.334 She estimated land area of the dispossessed refugees. (A more
carried out a more rigorous survey than Aref and this population to vary between 890,000 and accurate figure is given in Section 2.9 Summary
found that the population in 1946 to be 95,500. 904,200. When correcting this figure for Beer of Land Ownership).
330 McCarthy, supra note 107, p. 76. 333 U.N. Doc. A/AC.25/Com.Tech/7/add.1) of 1 April 1949, entitled: Palestine,” Transformation of Palestine. Ibrahim Abu-Lughod
331 al-Aref, supra note 229, p. 34. “Appendix B: Non-Jewish (sic) population within the Boundaries (ed.) Evanston: Northwestern University Press, 1971, p. 160.
332 S.W. Dajani, “The Enumeration of the Beer Sheba Bedouins in held by IDF”. 335 Morris, supra note 242, p. 297.
May 1946,” 1 Population Studies 3 (1947). 334 Janet L. Abu-Lughod, “The Demographic Transformation of
117
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Map 3.22: The 1948 Massacres and Atrocities It is clear from examining the history of 1948 that
massacres were used as an instrument of ethnic
cleansing. Almost every Israeli operation was initi-
ated with a massacre to act as a lesson for the
defenseless villagers. Either by such examples,
informing the people by loudspeakers or through
the “whispering campaign” of recruited ‘friendly’
Jews, they were told: leave or else.
336 Israeli official literature is void of specific mention of massacres. Story. [Arabic] Beirut: Institute for Palestine Studies, 2nd print, 339 Benny Morris, “Arab Israeli War”, Crimes of War. Roy Gutman
Ben Gurion’s War Diary, 1947-49, supra note 244, mentioned 1986, does not mention Dayr Yassin massacre except in the and David Rief (ed.). London: W. W. Norton, 1999, p. 30.
Dayr Yassin as a backdrop to later political events (p.270), context of Arab reaction: “Arab propaganda exaggerated the 340 Ghazi Falah, “The 1948 Israeli-Palestinian War and its after-
but not on the date of massacre, 9 April (p. 254). The bigger slaughter of Dayr Yassin inhabitants by LEHI and IZL”, p. 218. math: The Transformation and De-Signification of Palestine’s
Dawayma massacre was not mentioned in the Diary except 10 Dawayma was not mentioned, nor any other massacre. Cultured Landscape,” 86 Annals of the Association of American
days later: “A rumour(?) that 70-80 people were slaughtered…”, 337 For citations to Yitzaki, Milstein, Pail, Erlich see, references in Geographers 2 (June 1996).
p. 613. The question mark is in the original. Table 3.2.
The official record, Palestine War, 1947-1949, the Official Israeli 338 Morris, supra note 242.
118
C h a p t e r 3 : T h e N a k b a
Table 3.12: Level of Destruction of Villages locality are larger than the total for the locality.
This is due to the difference in the definition, and/
Destruction Number of
or identification, of the refugees’ origin as given
Description % by them in the early stages and as indicated in
Reference Villages
this Register.
1 Complete obliteration 81 19.4
2 Destruction, rubble identified 140 33.5
The existence of a large number of unregistered
3 Demolition, standing walls 60 14.3 refugees is not generally recognized. According
4 Most, not all, houses demolished, one house standing 74 17.7 to UNRWA registered refugees comprise only
5 Most demolished, up to 2 Jewish families live there 17 4.1 three-quarters of the total. 341 UNRWA officials
6 More than 2 Jewish families occupy Houses 35 8.4 also acknowledge the four sources of unregistered
7 Inaccessible 11 2.6 refugees listed above.342
Source: Ghazi Falah, “The 1948 Israeli-Palestinian War and its aftermath: The Transformation and De-Signification
of Palestine’s Cultured Landscape”, Annals of the Association of American Geographers, Vol.86, No.2, June 1996.
The last two columns in the Register give the The last column estimates the number of total
number of registered refugees and the total refugees, i.e. the net expelled inhabitants of all
number of refugees for each listed village or town. villages in the Register as in 2008, sixty years
The registered refugees list is upgraded from after al Nakba. In a separate study, the variation
UNRWA records dated 9 April 1997, referring to of the natural increase of the refugees with time
the end of the previous month. The individual entry (50 years) and with location (5 areas of UNRWA
refers to the registered refugees from a particular operations) is taken into account. This is applied to
listed village. But the subtotal for each district the population as given by Village Statistics (1945),
includes the total refugees from the listed villages and the result is shown in the last column. The
plus the following secondary locations: total number of refugees from the listed localities
is estimated to be 6,679,978 in 2008. This means
1. Villages whose land was taken over by Israel there are 2,061,837 unregistered refugees. By
in 1948, while the village houses were left in comparison of the last two columns, it is evident
the West Bank or Gaza. that the unregistered refugees come from the
2. Jewish villages or lands where refugees used following categories:
to live and work.
3. Palestinian villages which remained in Israel, 1. Inhabitants of the cities, by far the largest.
while some of their inhabitants became refu- 2. Unlisted refugees who out of pride refused
gees. to register, at least in the initial period, e.g. in
4. Villages or sites which were satellites or exten- Beer Sheba District, where a large percentage
sions to listed villages. of the population was not registered.
3. Refugees who were not eligible for registration
Hence the sub-total per district is the sum of for some technical reason.
registered refugees in the listed and secondary 4. Applicants after closing UNRWA records or
villages. The total number of registered refugees those who have not updated their records.
according to UNRWA records is the shown total
of 4,618,140 (2008). It will be noted that in few cases in the Register, the
number of the registered refugees in a particular
341 Table 1, Annual Growth Rate of Registered Refugees (see comment below Table 1). Available on the UNRWA website, www.unrwa.org. 342 Interview, Omar Marridi, Registrar, UNRWA, April 1997.
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120
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Chapter 4
The Aftermath: The
Destruction of Palestine
to acquire coveted land, such as the villages of The men were lined up for review by a hooded
4.1 Patterns of Ethnic Indur, Qumiya, Ma’lul, Mujaidil and Buteimat in man. Very frequently, selected young men were
Cleansing Galilee, which were destroyed primarily to grab
their land.346
taken in groups of four, ordered to dig their graves,
then they were shot and thrown in the dug pit.
Getting rid of the native inhabitants of Palestine
has long been one of the tenets of Zionism.343 It Almost every one of the thirty-odd Zionist/Israeli “The soldiers separated the men and the women,
was clearly spelled out by Yosef Weitz, the head military operations was accompanied by one or depositing them at different locations, around 50
of the Transfer Committee and the chief of land two massacres of civilians. There were at least yards from the killing pit… The soldiers divested
confiscation operations. As early as 1940, he 77 reported massacres, two-thirds of which took their victims of whatever valuables they pos-
proposed an ethnic cleansing plan: “The only place before any Arab regular soldier set foot in sessed…. [One witness] recalled vividly the picture
solution is to transfer the Arabs from here to Palestine. See Table 3.2. of these people, most of whom were undressed
neighbouring countries. Not a single village or to the waist, lying for hours in the sun and getting
a single tribe must be left.”344 Plan Dalet was The pattern of expulsion was consistent through- severely sunburnt. For, after undressing, they had
designed to “occupy...expel”345 the Palestinian out, regardless of the region, the date or the to lie prostrate in a confined area and were not
people. It was David Ben-Gurion’s doctrine that particular battalion which attacked a village. permitted to move. When the killing was finally
the destruction of Palestine, its people, their cul- The argument about whether this was planned ready to commence, the soldiers formed a gauntlet
tural and physical landscape was the precondition or accidental is moot. Most serious research running between the staging ground for the killing
for creating the state of Israel on its ruins. The and all oral testimonies given at different times and the killing site itself. Successive groups of 15
systematic elimination of the Palestinians in 1948 by refugees from different regions in Palestine to 20 were forced to run to the killing site’s pit,
took the following forms: military plans directed to confirmed the same pattern.347 to run the gauntlet, with the soldiers shouting at
conquer the land and settle Jewish immigrants; them and beating them with rifle butts as they
elimination of the refugees’ physical presence After a village is attacked and conquered, whether passed by.”349
by expulsion, massacres and killing returnees; it resisted or surrendered, a curfew is imposed.
looting and plunder; destruction of villages; po- Sometime later, probably the following morning, While women and children were walking about in
litical campaign to justify denial of the refugees’ the villagers were gathered in the main square or the woods, fields, rocky hills or along the shore-
right to return; creation of a fictitious legal web to a nearby field in two separate groups: the men line without food or shelter, the men were led to
justify confiscation of Palestinians’ vast property from the age of 15 to 50 and the women, children forced labour camps. They were tortured, shot
and, meanwhile, importing Jewish immigrants to and very old men. The village was surrounded and killed at the first sign of disobedience and
replace Palestinians. We shall examine here the from three directions leaving the fourth open made to work on the Israeli military effort, such
main features of these actions. for escape or expulsion. The gap left open was as digging trenches, carrying ammunition and
pointing towards Lebanon and Syria in Galilee making war items such as camouflage nets. They
As early as January 1948, four months before the region, towards the West Bank and Jordan in were also used in carrying the looted material from
Israeli war began, Zionist officials prepared plans central Palestine and towards Gaza and Egypt Arab homes, burying their dead and removing the
for the settlement of 1.5 million new immigrants in the south. debris from demolished Arab houses.
over and above the existing 600,000 Jews. During
the Jewish military operations that followed the The women were stripped of their jewellery and The International Committee of the Red Cross
UN partition resolution of November 1947 and valuables and ordered to walk towards the gap (ICRC) visited 5 sites of the declared “POW”
before the end of the British Mandate, more than or open gate, without looking back. Shots were camps: Ijlil, Atlit, Sarafand (Ramle), Tel Litvinsky
half of the Palestinian refugees were expelled. fired over their heads to encourage their flight. (Tel HaShomer) and in hospitals.350 On one visit
The settlement agencies headed by the Jewish There have been cases of rape, enslavement in January 1949, ICRC found 6,360 prisoners of
National Fund (JNF) directed the military attacks and murder.348 whom 5013 were Palestinians.351 The Palestinians
343 For a more detailed discussion see, supra note 47. Palestinian Refugee Problem in the 1948 War, Heidelberg respectively, you get the description of Tantoura massacre given
344 Central Zionist Archives, Weitz Diary, A 246/7 entry for December Conference, pp. 59 – 127 in: Benvenisti, E, Gans, Ch, Hanafi, by one of the survivors. Replace the words: soldiers, people
20, 1940, pp 1090-91. More explicit statements are found in the S (ed) Israel and the Palestinian Refugees, Berlin, New York: by Germans and Jews you get the description of Nazi killing
unedited manuscript of the Weitz Diary. Cited in Nur Masalha, Springer 2007. See also, Pappe, Ilan, Ethnic Cleansing of Pal- of Jews by Goldhagen. Original text of both cases is given in:
An Israeli Plan to Transfer Galilee’s Christians to South America: estine, Oxford: One World Publications, 2006; Abu Sitta, Salman, The Origins of Sharon’s Legacy, Al Ahram
Yosef Weitz and ‘Operation Yohanan’ 1949-1953, Center for 348 For example, Hudaib, Musa A.S, Al Dawayima Village, Amman: Weekly, Issue 779, 26 January-1 February 2006, available at:
Middle Eastern and Islamic Studies, University of Durham, Dar al Jalil, 1985 [Arabic]. http://www.plands.org/articles/15.htm
Occasional Paper No. 55, 1996. 349 This was exactly the practice of the Nazi Unit 101, which was 350 J. de Reynier, Chief Delegate, Rapport General D’ Activite de
345 See Section 3.1 and Khalidi, supra note 240, pp. 3-70; Palumbo, specialized in tracking and killing Jews during WWII. See, la Delegation pour la Palestine, Jan 1948-July 1949, Geneva:
supra note 290; other authors, supra note 276. Goldhagen Daniel Jonah, Hitler’s Willing Executioners: Ordinary ICRC, dated July 6, 1949.
346 See among others Benvenisti, supra note 232, pp. 102-209. Germans and the Holocaust, London: Abacus, 1997 pp 226-229. 351 ICRC report, GS9/I/GC/, G3/82 by Dr. E. Moeri, ICRC delegate,
347 Abdul Jawad, Saleh, Zionist Massacres: The Creation of the Replace the words: soldiers, people by Israelis, Palestinians Tel Aviv, dated February 6, 1949.
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P a r t I : G e n e r a l R e v i e w
Map 4.1: Israeli-run Forced Labour Map 4.2: Homes of the Palestinian Map 4.3: Palestinian Refugees in Exile
Camps in 1948 Refugees (1948)
352 Details of these forced labour camps, hitherto unpublished, are Carnage Policy Aimed to Evacuate the Galilee Palestinians as 355 UNRWA website: http://www.un.org/unrwa.
found in: Abu Sitta, S, Rempel, T, The ICRC and the Detention of Mentioned in the UN Truce Observers Reports in 1948, al Hayat 356 See an explanation in Abu Sitta, Salman, The Register of
Palestinian Civilians in the Israeli-Administered ‘Labour Camps’ (London), February 6, 2000, p. 10. Depopulated Localities in Palestine, London: The Palestinian
during the 1948 War, forthcoming publication. 354 Takkenberg, Lex, The Status of Palestinian Refugees in Inter- Return Centre, September 2000.
353 U.N. Archives 13/3.3.1 Box 11, Atrocities; S. Abu Sitta, Jewish national Law, Oxford: Clarendon Press, 1998, pp. 22-29.
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C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.4: The Dispersion of Bayt Mahsir Map 4.5: The Dispersion of al Ramle quantitative results. See Map 4.6. As expected,
Village Town Galilee refugees were expelled towards Syria and
Lebanon. If we ignore segments of any village
population less than 15 percent of total village
population and focus on the movement of the
bulk (i.e. 85 percent), we get the results shown
in the table in Map 4.6. We find that 150 villages
had moved to Lebanon and 100 to Syria but
only 6 to the West Bank and 8 to Jordan. For the
central region, 207 villages moved to the West
Bank (and remained there after 1967) and 256
to Jordan, some after 1967. Only 5 or 6 villages
moved to other areas. For the southern region,
most villages moved to Jordan or Gaza, 131 and
111 respectively, but surprisingly only 22 moved
to the West Bank. For the eastern region, Tiberias
and Baysan valley, most villages moved to Syria
and Jordan; only some moved to Lebanon. The
coastal region is somewhat problematic. Most
moved by land to West Bank and Jordan, 90 and
163 respectively, but a considerable number, 53,
moved to Gaza by land and sea. Haifa (special)
region is even more problematic. It was accessible
by sea directly or through Acre to Lebanon and
inland to Lebanon, Syria, Jordan and West Bank.
Haifa refugees found refuge in all five UNRWA
regions except Gaza.
Fig 4.1: Typical UNRWA Refugee Card Fig 4.2: The Percentage of Rural, Urban,
Registered, Unregistered Refugees
357 This number (1523) of locations differs from the figure in Section 3.3 Al Nakba Register (1192) in that the former includes several multiple locations of the same town, listing quarters and neighbourhoods.
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P a r t I : G e n e r a l R e v i e w
Map 4.6: Patterns of Ethnic Cleansing Map 4.7: The Global Distribution of Palestinians
Source: UNRWA, Refugee Population, May 2000. Another aspect of interest is the percentage of
registered refugees born in Palestine or exile dur-
ing any one of the politically significant periods
Table 4.2: Percentage of Registered Refugees in Exile by Dates of Birth since the inception the Mandate. Table 4.2 shows
such percentages according to their area of exile
Period West Bank Gaza Lebanon Syria Jordan TOTAL and the political period in the last seventy years.
Before Mandate Unknown 2.9% 1.6% 3.1% 2.6% 2.8% 2.5% Those born in Palestine with an active memory
Mandate 1920-1948 13.4% 10.3% 14.5% 12.5% 12.2% 12.2% of the Mandate are about 6 percent (assumed
Nasser 1948-1967 20.2% 16.2% 22.7% 20.4% 18.6% 18.9% half of the 12 percent born in Palestine 1948).
Revolution 1967-1987 37.4% 34.8% 36.6% 37.8% 39.7% 37.7% Those nurtured in the nationalistic Nasser era are
Intifada I 1987-1993 14.8% 17.5% 12.4% 12.5% 13.1% 14.2% about 20 percent of the total, mostly in Lebanon.
Oslo to Intifada II 1993-2000 11.4% 19.7% 10.7% 14.3% 13.6% 14.4% Those born in the high days of the Palestinian
GRAND TOTAL 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% resistance movement (“Revolution”), who were
the backbone of fedayeen, a major factor in
Source: UNRWA, Refugee Population, May 2000.
Notes: shaping views and actions, are close to 40 per-
1. Born in Palestine 1948: Active memory 6%. Highest % in Lebanon. Lowest % in Gaza. cent. Those born during the first and second
2. Born in Nasser era: Highest % in Lebanon (23%). Lowest % in Gaza (16%). intifadas are about 28 percent. Their percentage
3. Born in Palestinian Revolution era: Highest % in Jordan (40%). Lowest % in Gaza (35%).
4. Born after Intifada I, during Oslo, Intifada II till today: By far highest % in Gaza (20%). Lowest in Lebanon (10%). to refugee population is by far highest in Gaza
(about 20 percent).
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C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
% of % of All % of Total
All
Non Registered Refugees Ref to Ref to
Population All RR in RR not in Refugees
Place of Refuge % Original Registered Refugees in Region Total Regional
mid 2008 Refugees Camps Camps Not in
Refugees (RR) to All Palestinian Palestinian
Camps
Refugees Population Population
Palestine 1948 (Israel) 1,231,526 12.3% 900,378 331,148 331,148 5.0% 3.3% 26.9% 331,148
Gaza Strip 1,367,465 13.6% 307,881 1,059,584 1,059,584 492,299 567,285 15.9% 10.6% 77.5% 567,285
West Bank 2,057,605 20.5% 1,218,871 838,734 84,471 754,263 191,408 562,855 12.6% 8.4% 40.8% 647,326
Truncated Palestine (OPT) 3,425,070 34.2% 1,526,752 1,898,318 84,471 1,813,847 683,707 1,130,140 28.4% 18.9% 55.4% 1,214,611
Total Palestine 4,656,596 46.5% 2,427,130 2,229,466 415,619 1,813,847 683,707 1,130,140 33.4% 22.2% 47.9% 1,545,759
Jordan 3,035,952 30.3% 757,532 2,278,419 347,716 1,930,703 335,307 1,595,396 34.1% 22.7% 75.0% 1,943,112
Lebanon 464,601 4.6% 28,640 435,961 19,353 416,608 220,908 195,700 6.5% 4.3% 93.8% 215,053
Syria 563,787 5.6% 26,789 536,998 80,015 456,983 123,646 333,337 8.0% 5.4% 95.2% 413,352
Egypt 63,008 0.6% 10,740 52,268 52,268 0.8% 0.5% 83.0% 52,268
Border Countries 4,127,347 41.2% 823,700 3,303,647 499,353 2,804,294 679,861 2,124,433 49.5% 33.0% 80.0% 2,623,786
Saudi Arabia 354,879 3.5% - 354,879 354,879 5.3% 3.5% 100.0% 354,879
Kuwait 48,688 0.5% 4,296 44,392 44,392 0.7% 0.4% 91.2% 44,392
Other Gulf 136,363 1.4% - 136,363 136,363 2.0% 1.4% 100.0% 136,363
Iraq, Libya 95,944 1.0% - 95,944 95,944 1.4% 1.0% 100.0% 95,944
Other Arab Countries 7,161 0.1% - 7,161 7,161 0.1% 0.1% 100.0% 7,161
Total non Border Arab
643,036 6.4% 4,296 638,740 638,740 0 0 0 9.6% 6.4% 99.3% 638,740
Countries
USA 262,952 2.6% 39,443 223,509 223,509 3.3% 2.2% 85.0% 223,509
Other Countries 334,842 3.3% 50,226 284,616 284,616 4.3% 2.8% 85.0% 284,616
Total non Arab Countries 597,794 6.0% 89,669 508,125 508,125 0 0 0 7.6% 5.1% 85.0% 508,125
GRAND TOTAL 10,024,773 100.0% 3,344,795 6,679,978 2,061,837 4,618,141 1,363,568 3,254,573 100.0% 66.6% 66.6% 5,316,410
100.0% 33.4% 66.6% 20.6% 46.1% 13.6% 32.5%
Notes 1 2 3 4 5 6 7 8 9 10 11
Notes: pa. This growth figure varies widely by region. The small villages and host villages turned into camps. Our
1. Our estimate of all Palestinians (about 9,450,000 for distribution of ‘Original’ figure in Arab countries, other estimate of pseudo-camp life far exceeds 33.0%, it is
2005) is less than Palestinian CBS (PCBS) estimate of than UNRWA five areas, includes unknown number of about 55% (see Table 4.1).
10,091,985 by some 640,000. The difference comes refugees, The total however is more reliable. 7. The difference between all RR and RR in camps.
from PCBS’s higher estimate by 140,000 and 500,000 3. All refugees = UN Registered Refugees (RR) plus 8. Percentage distribution of all refugees in regions. About
for Gaza and West Bank respectively. Our figure is non-RR. These figures exclude displaced Palestinians 28% live in OPT, but 83% live in Palestine proper and
based on net natural growth of 2.73%. The acceptable after 1967, estimated at 750,000 (2002). See “Atlas of border countries. Only 17% of refugees (and 12% of all
growth figures for previous years of 3.1% and 3.6% Palestine 1948”, Table 3.17. Palestinians) live away from Palestine environs.
(now reduced) would yield 9,578,300 and 9,757,000 4. The non-RR figure is upgraded from 1998 figure which 9. Percentage of all refugees in a region to all Palestinians.
respectively, which is still lower than PCBS figure. was obtained by subtracting all refugees displaced/ This shows that two thirds of Palestinians are refugees.
The figure for Israel does NOT include Palestinians in expelled in 1948 from UN RR. The figure of 309,584 If we add those displaced in 1967, three quarters of
Jerusalem (occupied 1967), estimated at 253,500. Total represents IDP in Israel (internal refugees). Earlier tables Palestinian do not live in their homes.
population = ‘Original’ and ‘All Refugees’ columns. All list the figure of refugees in Israel separately. These IDP 10. Percentage of all refugees in a region to the Palestinian
figures of non-Arab countries exclude early Palestinian are classified as other Palestinian refugees according population (including ‘Originals’) in that region. This
immigrants who left Palestine to North and South to international law. Distribution of non-RR in Arab shows that the refugees constitute over 77% in Gaza and
America well before 1948. countries, other than UNRWA five areas, is tentative Jordan of all Palestinians and about 100% in many other
2. ‘Original’ population (who were not displaced) is but the total is more reliable. Arab countries. The refugees are 27% and 40% of all
upgraded from 1998 figures (“Atlas of Palestine 1948” 5. Based on UNRWA figures. Palestinians in Israel and the West Bank respectively.
published by Palestine Land Society, London, 2004, 6. Based on UNRWA figures. However the definition of 11. All refugees not in camps = non-Registered Refugees
Table 3.16) at an average net natural growth of 2.73% ‘camp’ is somewhat loose. Some camps turned into + Registered Refugees not in camps.
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“Soldiers, who entered abandoned houses in the ‘ideological’ reasons, or simply wanton destruction.
4.2 Plunder & Destruction towns and villages they occupied, grabbed what Next came a plan drafted by the Jewish Agency
of Palestinian Property they could. Some took the stuff for themselves,
others ‘for the boys’ or for the Kibbutz. They stole
and the Jewish National Fund, immediately after
declaring the state of Israel in May, to destroy Arab
As listed in Table 3.2 and in this section, massive household effects, cash, heavy equipment, trucks villages. To start, a list of 40 villages and another
plunder took place in hundreds of depopulated and whole flocks of cattle. [After the occupation of 14 were selected for demolition.371 The idea
towns and villages in the immediate aftermath of of Jish], the soldiers robbed several houses and to resettle new (Oriental) immigrants in selected
military assaults, especially in cities such as Haifa, stole 605 pounds, jewellery and other valuables. villages assumed they can be comfortable in an
Jaffa, Lydda, Ramle, Tiberias and Jerusalem. When the people who were robbed insisted on Arab architecture. They were given axes, hoes
There was an orgy of plunder and looting in which being given receipts for their property, they were and agricultural instructors and told to cultivate
official bodies and individual Jews competed for taken to a remote place and shot. [When bodies the Arab land. They were unhappy, uncomfortable
the biggest prizes. At least, fifty thousand Arab returned], the finger of one of the dead was cut in a place they knew its owner was expelled to a
homes were looted. The Custodian of Enemy off to remove a ring”. “Some of these files are still refugee camp a few kilometres away. They had a
Property lamented that he could not register more secret, but titles are telling: Plunder of Abandoned mortal fear that the Arab owner of the house would
than 509 carpets in his inventory. The rest had Arab Property; Looting; Robbery; Possession come at night to repossess his house. A companion
been looted on the way. Ben Gurion was aware without Permit.”364 of those new immigrants wrote the following about
of this; he recorded in his War Diary, (February the first night in a depopulated Arab village:
10, 1948, robbing the Arabs; 1 May, complete Two days after the capture of Beer Sheba, the army
looting of Wadi Nisnas, Haifa; 17 June, looting in took several tractors, leaving others for distribution I lay on my cot with a half-cocked rifle by my
Jerusalem; 15 July, the terrible question of looting among the Kibbutz. The heavy and agricultural side and in my mind’s eye I saw the [Palestinian]
and rape...etc.).358 equipment were “sold”. people of this village who had fled in panic and
who were surely not far from here, waiting for
The orgy of looting and plunder permeated all “[T]he Irgun practice of looting Arab homes the first opportunity [to return] to their village,
classes of the Jewish immigrant community in and shops was soon explained away and later to their houses. Who would prevent them from
Palestine. The first group to rush to loot are the justified…. It was perhaps natural, though it was doing that, especially once they found out that
Jewish neighbours in cities and the Jewish colonies certainly detestable, that before long, the rest Jews had come to take possession of their
in rural areas. In the words of the Jewish writer, of the Jewish soldiers of the Haganah and the property?372
Moshe Simlansky, “The [Jewish] people were Palmach should join in the orgy of looting and
gripped by a frenzy of looting; individuals, groups, wanton destruction”. 365 The failure to resettle Jews in Arab villages ac-
men, women and children. They descended like celerated the process of destroying them. The
vultures on the spoils: doors, windows, clothes, When the appointed Custodian collected and con- decision to destroy the villages was related to the
tiles...”359 fiscated the remainder after looting and plunder, international pressure to permit the return of the
the army was given the first choice to pick what refugees. In May 1949, it was decided to get rid of
Of particular loss was the dismantling by looters they wanted, the rest was put up for sale. The army all the heaps of rubble (of 41 destroyed villages) that
of water pumps and pipes in “bayaras” – citrus took workshop equipments, iron works, tin works, remained as a sign of their previous site.373 In July
groves, mostly by neighbouring Kibbutz.360 As locksmith works and the like.366 1949 the work was undertaken by the government’s
a result, large areas of the famous Jaffa orange Public Works and began with destroying villages
groves dried up and lost their produce, which was The third group of looters was the higher echelon of along Jaffa-Jerusalem road, and in the southern
a valuable source for foreign currency. Also cattle Mapai party and senior officials. They competed in coastal plain allocated for an ‘Arab State’ in the
died out of thirst, lack of food and neglect. selecting the best Arab houses in West Jerusalem Partition Plan.374
where many of them still live today.367 Some sold
What could not be carried away was burnt. The them recently for exorbitant prices.368 Other than The destruction took place with the implicit ap-
burning of the crops started as early as May 1948, Arab residences which were reserved for high offi- proval of Ben Gurion’s government, but not in
which was the harvest time. It was first applied to cials or absorption of Jewish immigrants, there was writing. He was careful not to put the matter on
the wheat fields in the Negev.361 Later, the crops a general decision to destroy Arab villages in order record. The cabinet approved the destruction of
were harvested to compensate for Israel’s short- to prevent the return of the refugee home owners the entire old city of Tiberias, except holy places,
age of food. Wells were poisoned or back-filled to and to erase any trace of their life before. “to prevent the Arab residents from returning”.375
discourage the return of the refugees. Economic See Photo 4.1. Two hundred buildings in historical
war, in addition to the military war, was waged The fourth group, and by far the largest ben- Jaffa old city, which had withstood the passage
against the Palestinians by cutting off food and eficiary, was the Jewish Agency and the Jewish of time for hundreds of years, were destroyed by
water to the returnees.362 National Fund; they took over houses and lands municipal engineers. See Photo 4.2. It was initially
of the Palestinians and lodged the newly imported suggested to destroy the whole old city but some
The second group of looters were army officers Jewish immigrants in them without reference to the buildings where Jewish squatters resided were
who turned their tanks and trucks, after expelling “provisional government of Israel” or it’s appointed spared and found adequate.376
unarmed Palestinian farmers and city dwellers, Custodian.369
to the vacant houses, stores and workshops and The destruction work proceeded through the
started loading their contents. The biggest prize There followed a massive campaign of destruction, 1950’s and 1960’s, uninterrupted by the fear of
was Lydda and Ramla whose 70,000 inhabitants which lasted over fifteen years and in which 53 international sanctions. In October 1966, the Israel
were expelled at gunpoint.363 The IDF loaded 1800 percent of the 418 surveyed villages were totally Land Administration (ILA), (see Section 4.4), started
trucks from Lydda alone. “An officer took his 5th destroyed and 44.5 percent partially destroyed. a “Levelling Villages” campaign to destroy all de-
Battalion to Al-Ramla for looting” – (Ben Gurion The clear aim of this destruction was, again, to populated villages in Galilee.377 The campaign was
War Diary, 15 July). Ben Gurion visited the two prevent the return of the refugees.370 accelerated after 1967 war, lest the refugees, now
conquered towns and was shown the spoils. He that whole Palestine was under Israeli occupation
noted in his Diary on 20th July, “I saw fabulous First the destruction was undertaken by the army, and Palestinians movement was possible, attempt
wealth, we must save it before it is too late”. not only through “battles” with the farmers but for to return to their homes.
358 Ben Gurion, War Diary supra note 244, entries for February Middle East Institute, 1958, p. 153. Jerusalem. His widow offered it for sale at $ 9 million accord-
10, May 1, June 17 and July 15, 1948; See also Segev, supra 365 Kimche, Jon, Seven Fallen Pillars: The Middle East 1945-1952, ing to an advertisement at the Marker (financial Haaretz) on 24
note 275, pp. 68-74; Benvenisti, supra note 232, p. 165. New York: Praeger, 1953, n. 32, p. 234. September 2009.
359 Segev, supra note 275, p. 70. See also p. 85, 98. 366 All these cases were reported by Segev, supra note 275, p. 69, 369 See Sections 4.3, 4.4.
360 Segev supra note 275 p. 74, Benvenisti, Landscape supra note 72, 74. 370 See Ghazi Falah, supra note 340. Details in Table 3.12 herein.
232 p. 142. 367 Golda Meir lived for a long time in a Palestinian house. Houses 371 Segev p. 84
361 Morris, supra note 293, p. 181. of Bisharat, Jermanus and many others are known to be oc- 372 Benvenisti, supra note 232 p. 215.
362 Pappe, supra note 38, p. 95. cupied by Israeli high officials. For an architectural, illustrated 373 Ibid, p. 167.
363 See a new revelation about Rabin’s role, supra note 273. review of Palestinian houses in West Jerusalem, see Kroyanker, 374 Ibid, p. 167.
364 Amin Jarjouria, an Arab Member of the Knesset reported the David, Jerusalem Neighbourhoods: Talbiyah, Katamon and the 375 Segev, supra note 232, p. 85
case of Jish victims: Segev, Supra note 275, pp. 69-72. Sayf Greek Colony, Jerusalem: Keter Books, 2002. 376 Haaretz, July 27, 1949, cited in Peretz, supra note 364, p. 163,
ad-Din al-Zu’bi, another Arab Member of the Knesset reported 368 The house of a Palestinian Christian family head, Elias Maghnem, n. 67.
the wide-spread loss of property of remaining Palestinians. See, which he built in 1930 was occupied by Prof. Dan Patenkin, the 377 Benvenisti, supra note 232, p. 168.
Peretz, Don, Israel and the Palestine Arabs, Washington: The founder of the School of Economy at the Hebrew University of
126
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Photo 4.1: Destruction of Old City of Tiberias villages to be destroyed. IASS would examine
the site, take photographs, draw maps and give
clear instructions for destruction.
378 Kletter, Raz, Just Past?: The Making of Israeli Archaeology, 382 Shai, ibid, p. 96. only few examples given by Benvenisti. There are hundreds
London: Equinox, 2006, p. 61. 383 Shai, Ibid, pp. 96-101. more.
379 Benvenisti, Lanscape, supra note 232, pp. 270-305.. 384 Moshe Ya’alon, the former Israeli chief of staff and a partner of 386 Kletter, supra note 378, pp. 150-162.
380 Kletter, supra note 378, p. 72. Sari Nusseibeh in a political program lives in one of al Madhi 387 Eusebius, supra note 239, and caption of Map 4.9.
381 Shai, Aron, The Fate of Abandoned Arab Villages in Israel 1965- family houses. The trees in his garden were planted by al Madhi 388 Most villages were destroyed. All or parts of the old quarters
1969, History and Memory, Volume 18, No. 2, Fall/Winter 2006, before their expulsion. in towns and cities were also destroyed.
pp. 94-103. 385 See Benvenisti: Landscape, supra note 232, p. 169. There are
127
P a r t I : G e n e r a l R e v i e w
Replacement by Jewish
Area Cities / Villages Looting Period Destruction Period Period
Immigrants
128
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
389 Don Peretz, Israel and the Palestine Arabs, Washington: Middle 392 Benvenisti, Landscape, supra note 232, p, 119. taken over by Jews are: Ha-Boqer, Novemebr 19, 1950: 77,070
East Institute, 1958, p. 141, 143. Peretz is a Jewish writer who 393 For details of terrorizing Arab Jews by Mossad see, Naeim apartments taken over by new immigrants; Ha-Arez, August 2,
witnessed these events. He was a student at the Hebrew Giladi, 31 The Link 2 (April-May 1998); and Marion Woolfson, 1950; 7800 shops, offices, workshops and storehouses quoted
University before 1948, then a correspondent for NBC in 1948, Prophets in Babylon: Jews in the Arab World. London: Faber in Peretz supra note 389, p. 143, n. 8.
with the Quakers relief in 1949 and with the Voice of America and Faber, 1980, pp. 186-190. 397 Sayigh, Yousef, The Israeli Economy, Cairo: The Institute of
later. His book is based on his Ph.D thesis, Columbia University 394 Peretz, supra note 389, p. 143. Arab Studies, 1966 [Arabic].
1954. Most of the quotations herein are based on his book. 395 Morris, 1987 Edition, supra note 242, p. 195. 398 Muslih, Ahmed (ed), Shukri al Taji al Farouki Papers, Amman:
390 Ibid p. 141. 396 Segev, supra note 275, p. 69, 71. See also Ha-Arez, June 15, 1951; 1999, n.p., p. 16, 24, 110. Al Farouki was the leading Palestinian
391 Ibid p. 143. 65,000 living units. Other figures on the number of living units owner of citrus groves.
129
P a r t I : G e n e r a l R e v i e w
Map 4.9: Depopulated and Destroyed Historic Towns and Sites the army after the end of hostilities and their land
was turned over to the Jews.400 Most villagers in
Tur’an, Nazareth, Ma’lul, Andur, al-Mujaydil, Ilut, to
quote a few, were declared “absent”, although they
were in the neighbourhood. Their property was
“robbed without shame” and their land was taken
over by the Custodian.401 Many Palestinians were
taken to labour camps, declared “absent” and their
property was turned over to the Custodian.402
399 Israel Government Yearbook, English edition, 5714 (1953-54) to deprive his elementary rights [of ownership].” It is not known 403 Peretz p. 163.
p. 142. whether he received his property back. There is also the case 404 Peretz p. 176. Also, Haaretz March 29, April 12, 1957, cited by
400 Peretz, supra note 389, p. 153 of Abed il Al of Umm el Faraj. He was declared an “infiltrator” Peretz p. 177.
401 Peretz, ibid p. 153. The case of Tanus Ilyas al-Asker is typical of and expelled because he refused a proposal from the military 405 It maintains this position to this day. It is worth recalling that
thousands of cases of remaining Palestinians. Although he was to exchange his rich land for an inferior parcel in another area. Israel’s admission to the UN in May 1949 was unique in that it
a legal resident of Haifa and had an Israeli identity card, he was Nearby Kibbutz were waiting for the outcome to increase their was conditional upon the return of refugees (Resolution 194)
declared ‘absent’ by the Custodian who took over this home holdings from his land. Peretz, p. 178. and withdrawal to the lines of the Partition Plan (Resolution
and shop. The court ruled that he was declared absent “only 402 Peretz p. 154. 181).
130
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
its actual occupiers in any way.406 At the end of A third law put the confiscated land into use. The The law required any one in possession of Absentee
1952, the Custodian claimed to hold under his “Emergency Regulations for the Cultivation of property to notify the Israeli authorities. The law
direct authority one and a half million donums, but Fallow Land and the Use of Unexploited Water prohibited a Palestinian refugee outside Israel to
12,324,000 donums of Palestinian property were Resources” of October 11, 1948 allowed the sell or hand over his property to someone remain-
still unaccounted for.407 It became apparent there Minister of Agriculture, retroactively to the expul- ing in Israel. But it validated the actions which the
was a need to create a pseudo-legal framework sion date of a village, to allocate its land to Jewish authorities deemed to have dealt with absentee
to justify the confiscation. settlers for their use. Moreover, the law allowed the property in “good faith”. This unexpected leniency
Minister to determine if any land was uncultivated allowed collaborators to acquire/purchase/hold
(because the owner-farmer had been expelled) and power of attorney for the property of refugees’
therefore his land was defined as a “wasteland”, land and pass it on to the Custodian in a legally
4.4 Political & Fictitious to be used for 35 months by the settlers, later approved manner.413
Legal Formulation to extended to five years.
406 Peretz, supra note 389, p. 181. Ordinance, 1948, that the state of emergency declared by the sought to prevent the establishment of the State of Israel
407 This adds up to only 13,824,000 d. Actual Palestinian property Provisional Council of State on the 19th May, 1948 has ceased or which fought against it after its establishment.
is 18,825,938 donum. See Section 2.9. to exist, was a legal owner of any property situated in the area 411 Don Peretz, Israel and the Palestine Arabs, Washington: Middle
408 Fischbach, Michael, R., Records of Dispossession: Palestin- of Israel or enjoyed or held it, whether by himself or through East Institute, 1958, p. 152. As Don Peretz pointed out: Every
ian Refugee Property and the Arab-Israeli Conflict, New York: another, and who, at any time during the said period- Arab in Palestine who had left his town or village after November
Columbia University Press, 2003, p. 19. (i) Was a national or citizen of the Lebanon, Egypt, Syria, Saudi 29, 1947 was liable to be classified as an absentee under the
409 Fischbach, supra note 408, p. 21. Arabia, Trans-Jordan, Iraq or the Yemen, or [Absentees’ Property] regulations. All Arabs who held property in
410 Jiriys, Sabri, Palestine Year book of International Law (PYIL), (ii) Was in one of these countries or in any part of Palestine the New City of Acre, regardless of the fact that they may never
Al Shaybani Society of International Law ltd, 1985, Vol. II, pp. outside the area of Israel, or have travelled farther than the few meters to the Old City, were
18-36. (Definition of Absentee). The Absentees’ Property Law of (iii) Was a Palestinian citizen and left his ordinary place of classified as absentees. Any individual who may have gone to
5710/1950 (4 Laws of Israel) states in Article 1 (b) that “absentee” residence in Palestine Beirut and Bethlehem for a one-day visit, during the latter days
means: a person who, at any time during the period between (a) for a place outside Palestine before the 1st September, of the Mandate, was automatically an absentee.
29th November, 1947 and the day on which a declaration is 1948; or 412 Fischbach, supra note 408, pp. 24-25.
published, under section 9 (d) of the Law and Administration (b) for a place in Palestine held at the time by forces which 413 Fischbach, supra note 408, p. 26
131
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Map 4.10: Confiscated Land in 1953/1954 Table 4.6: Land Confiscated by Israel in
1953/1954
No. of No. of
Area
S District mentioned confiscated
Confiscated
No. Name Towns/ Built Up
(Donums)
Villages Areas
1 Safad 32 23 44,216.15
2 Acre 28 11 150,028.14
3 Haifa 32 21 61,431.60
4 Tiberias 19 11 8,622.30
5 Nazareth 11 3 89,906.88
6 Beisan 9 0 9,789.97
7 Jenin 7 0 101,723.06
8 Tulkarm 41 0 141,020.00
9 Nablus 0 0 -
10 Jaffa 28 0 75,119.88
11 Ramleh 56 0 150,585.80
12 Ramallah 0 0 -
13 Jerusalem 18 0 104,474.10
14 Gaza 47 0 57,607.58
15 Hebron 4 0 50,693.45
16 Beer Sheba 0 0 291,152.80
Total
332 69 1,336,371.70
confiscated
414 Jiryis, The Palestine Yearbook of International Law (PYIL) supra is given by: Boling, Gail J., “Absentees Property” Laws and 415 Jiryis, Ibid, p. 25.
note 410, p. 23. See also Bisharat, George E., Land, Law and Israel’s Confiscation of Palestinian Property: A Violation of UN 416 Details were compiled by Adalah:
Legitimacy in Israel and the Occupied Territories, The American General Assembly Resolution 194 and International Law, The www.adalah.org/eng/pressreleases/pr.php?file=09_06_22.
University Law Review, Vol. 43, pp.467-591, 1994. A detailed Palestine Yearbook of International Law, The Hague: Kluwer
legal examination of Palestinian property seizure up to 1973 Law International, Vol. XI, 2000/2001, pp. 73-130.
132
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.11: Land Confiscated by JNF Table 4.7: List of Refugees’ Land ‘sold’ to Land Confiscated by JNF
JNF in January 1949 and October 1950
(The 1st and 2nd million) and their Usage Following the passage of UN Resolution 194 of
Region Donums December 11, 1948, which endorsed the refugees’
Jerusalem corridor 2,000 right of return, Ben Gurion entered into a fictitious
sale agreement with JNF for the latter to “buy”
refugees’ land. The objective was to keep this land
Northern Negev desert 250,000
under an international (Jewish) organization, not
Coastal Plain 150,000 under Israel government, to avoid international
Sharon Plain 150,000 pressure to force the return of the refugees to
Sub TOTAL 552,000 their land.420
Total Incl. Hula Basin and near Baysan 1,101,942
Location of JNF “First Million” donums On January 27, 1949, the two sides finally conclud-
ed a major deal by which the JNF would ‘purchase’
Usage Donums
1 million donums of refugee land. 421 American
Completing construction of new settlements 500,000
Jews were crucial in providing funds with which
Expanding existing settlements 500,000 the JNF could ‘purchase’ land. Between 1910
Afforestation 160,000 and mid-1948, American Jews donated, through
Various agricultural purposes 100,000 United Jewish Appeal, a total of $85,760,732,
Settlement housing 16,200 which is several times normal Palestine’s GDP.
Urban housing 2,000
British, Canadian and South African Jews con-
tributed a further $9 million.422
Total 1,278,200
JNF-Usage of the “Second Million” donums
Execution of the deal with the state and the JNF’s
Grand Total 2,380,142 usage of the land took some time. Between signing
Source: Granott Agrarian Reform, pp. 107-111 the deal on January 27, 1949 until March 31, 1954,
the state had ‘legally’ transferred only 35.9 percent
of the land, or 396,149 donums. For its part, the
the former authorized the appointment of a JNF had put to use only 770,271 donums of the
Custodian of Absentees Property under whose land it ‘bought’ by the end of 1952.423
control the abandoned properties were placed
1. Source for JNF-confiscated land: Arnon
Golan, The Acquisition of Arab Land by Jewish and who was broadly empowered to administer A second sale was finalized on October 4, 1950
Settlement in the War of Independence, Catedra them. Effectively he was given the rights of an involving the transfer of an additional 1,271,734
(in Hebrew), Vol. 63, 1992.
2. Source for parks: Noga Kadman, “Erased
owner and was made liable to the absentees for donums by the Custodian of Absentee Property
from Space and Consciousness-Depopulated the value (subsequently fixed by another statute on behalf of the Development Authority to the
Palestinian Villages in the Israeli-Zionist to the 1948 value) of their properties, but not for JNF, 99.8 percent of which (1,271,480 donums)
Discourse”, (Master’s thesis in Peace and
Development Studies), Dept of Peace and the return of the latter. was rural land. Granott later placed the amount
Development research, Goteborg University, at 1,278,200 donums. Although the transaction
November 2001.
To avoid the accusation of “confiscation of the is made to look like a bona fide sale, it seems the
abandoned property”, Israel resorted to a “sort purchase amount was never paid by JNF.424
Religious property was not immune from confis- of legal fiction”. Under the Development Authority
cation. The property of the Islamic trust oversee- Law, it set up an “independent body, separate, Table 4.7 shows details of both fictitious sales.
ing religious buildings, farmland and property as it were, from the government with its own ad- Map 4.11 shows the approximate location of the
bequeathed for charitable purposes, wakf, was ministration”, to which the Custodian of Absentee Palestinian land transferred to JNF through the
confiscated by the Custodian of the Absentees Property transferred the properties. The same fictitious sale agreement concluded in 1949 and
Property, probably on the assumption that ‘God is law empowered the Development Authority to 1950 with the Israeli government. The map also
absent’, as local people quipped. Wakf property do virtually anything with them, including selling shows the approximate location of the transferred
amounts to one tenth of the land in Palestine. The them. The latter however was restricted: (1) any land and the location of about 100 JNF parks
Custodian, however, returned most land belong- sale required the consent of the government; and planted over it. The land of 372 depopulated
ing to the Christian churches. In contrast, Israel (2) sale of land could be effected only to (a) the Palestinian villages (5,687,342 donums) has been
divided Islamic wakf into two categories: state, (b) the JNF, (c) local authorities, if it was wholly or partially taken over by JNF. The number
(i) “religious” wakf, e.g. mosques, cemeteries, and urban land and only if it had first been offered of the registered refugees from these villages is
(ii) “secular” wakf, e.g. shops, houses, fields. to and declined by the JNF, and (d) a proposed 2,191,556 refugees (2005) in exile, or 54% of UN-
The Custodian “sold” the secular” wakf to the “institution for settling landless Arabs”. Such an registered refugees.
Development Authority and the Jewish National institution was never established, and most of
Fund (JNF).417 the abandoned lands were in due course ‘sold’ The Dispute between JNF and the State
to the state and the JNF.418
A New Diversion In the first ten years of Palestine occupation (1950-
With the Development Authority established in 1960), a legal quarrel ensued between the Jewish
So far the seizure of Palestinian land did not July 1950 and under an agreement made in 1953, National Fund (JNF) and new Israeli government.
imply revoking or annulling the title deed of the the Custodian transferred immovable property JNF had been purchasing land in the Mandate
original owner, forced to be “Absent’. New legal under his control to the Development Authority. period in the name of “the Jewish People.” Israel’s
devises were invented to create a barrier between This Authority was intended as a shield between government seized the Palestinian land and in-
the land owner and his land seized by Israel. the legal owners (the Absentees), and indeed tended to acquire title to it in the name of the ‘state’
Significant among them were the Absentees’ the whole of the Palestinian community, and the in recognition of “the triumph of the Haganah and
Property Law and the Development Authority Jewish settlers on this land, with the advantage the flight of the Arabs”.425 The JNF maintained that
(Transfer of Property) Law, adopted in March that the settlers’ newly acquired title was “im- such land should be turned over to “the Jewish
and July 1950 respectively. As stated before, munized from legal claims”.419 people”, not the state, since the latter, given the
417 Cook, Jonathan, “Disappearing Palestine: Israel’s Experiments http://www.plands.org/JNF%20Report1.pdf. 423 This triggered the confiscation order by the Minister of Finance
in Human Despair”, London, Zed Books, 2008, footnote 60, p. 421 However JNF’s report to the 23rd congress of the WZO in 1951 of lands listed in Table 4.6 and Map 4.10 herein.
255-256. See also Dumper, Michael, Islam and Israel: Muslim stated the amount at 1,109,769 donums: 1,085,607 (rural) and 424 Evidence of this is quoted by Fischbach, supra note 408 p. 65:
Religious Endowment and the Jewish State, Washington DC: 24,162 (urban). Granott, Agrarian Reform, pp. 108, 111; Lehn and Davis, Jewish
The Institute of Palestine Studies, 1994, p. 36. 422 An unlikely source of vital funding was provided by American banks. National Fund, supra note 418, p. 132; FO 371/82257, Tel Aviv
418 Lehn, Walter and Davis, Uri, The Jewish National Fund, London The Bank of America National Trust and Saving Association of San to Foreign Office, November 14, 1950; Yediot Aharonot, August
and New York: Kegan Paul font International, 1988, p. 131. Francisco gave JNF a loan of $15 million. The Bank of America 31, 1999 in: David Blougrund, The Jewish National Fund, Policy
419 Abu Hussein, Hussein and McKay, Fiona, Access Denied: Pal- provided the loan on June 9, 1949. It is unusual for a bank to extend Study No. 49, Washington and Jerusalem: Institute for Advanced
estinian Land Rights in Israel, London: Zed Books, 2003, p.72. a loan to a British entity (JNF) to establish settlements in a foreign Strategic and Political Studies, 2001, p. 7.
420 For full details of this “sale” of refugees’ land see the report: country (Israel) on a land that neither JNF nor Israel legally own. 425 Lehn and Davis, supra note 424, p. 108.
133
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Table 4.8: Palestinian and Jewish Land Held by ILA The occasion of signing the Peace Treaty between
Egypt and Israel in 1979 was another pretext to
S No. Holder of Land Area Area (sq km)-Ref. 1 Area (sq km)-Ref. 2 Area (sq km)-Ref 3 seize land in Beer Sheba district. The pretext was
1.1 Privately held by Jews 801 to relocate airbases, which were established in
occupied Sinai, inside Beer Sheba District. The
1.2 Total privately held (Arabs and Jews) 1,668 1,480
Negev Land Acquisition (Peace Treaty with Egypt)
2.1 JNF acquired – January 1949 1,102
Law was passed by the Knesset in 1980 to fulfill
2.2 JNF acquired - October 1950 1,272 this purpose.
2.3 Total JNF after 1948 2,633
2.4 Total JNF 3,570 The Israeli claim that the land of Beer Sheba dis-
3 Development Authority (DA) uncertain trict is mewat or terra nullius, a land owned by no
4 Total State Land & DA 18,754 15,205 one, is historically, factually and legally false. Beer
Sheba land was cultivated and privately-owned
5 Total under ILA 18,754 18,775 19,281
for several centuries. The Ottoman Tax Register
6 Total Area of Israel 20,422 20,255
of 1596 listed localities in the district, their popula-
7 Year 1949 1962 2000 tion, their produce and tax they paid.427 About the
end of the Ottoman period, a committee from the
Notes:
Ref 1: Abu Hussein, Hussein, Access Denied: Palestinian Land Rights in Israel, London: Zed Books, 2003, p. 135. Ottoman Ministry of Interior, which had jurisdiction
Ref 2: Lehn, Walter and Davis, Uri, The Jewish National Fund, Kegan Paul International, London and New York, over Jerusalem district including Gaza and Beer
1988, p. 114.
Ref 3: ILA report 2000, quoted by Abu Hussein (Ref. 1), p. 150. Sheba, delineated private land property within
an area of 5,000 sq. km.428 The Shari’a Court of
Jerusalem, just before WWI, issued powers of at-
prevailing shaky political and demographic condi- use by any non-Jewish entity. The Israel Land torney to individuals to buy, sell and settle disputes
tions at the time, cannot give adequate guarantee Law, which followed six days later, allowed the about land property in Beer Sheba.
of lasting Jewish ownership. transfer of lands to the Development Authority
or to other parties in exceptional circumstance, The British Mandate recognized private owner-
The dispute was settled on July 25, 1960, by which were rarely invoked. On the same day, the ship in the district.429 In fact, the British Mandate
formulating the following laws: Land Administration Law of 1960 was passed. Its asserted Arab ownership and denied Jewish
Basic Law: Israel-Lands, Israel-Lands Law and purpose was to administer all seized land on the claimed ownership, according to Land Transfer
Israel-Lands Administration Law. ‘Israel’ means same principles as JNF rules. Regulations Ordinance of 1940. 430 The official
Israel government, not the Jewish people. The Mandate map of State Land does not classify
JNF rules, of restricting transactions to Jews only, The Israel Land Council was formed to administer lands in Beer Sheba district as State Land.431
have been adopted by the state. Palestinian lands, the land under Israel’s control. The council has Moreover, the Mandate government encouraged
whether acquired by JNF or seized by the state, 22 members, 10 of them from JNF. This Council cultivation and provided fodder and equipment
would be administered by a single authority, Israel supervises the function of ILA. Such was the cul- to help farmers in years of drought.432 The official
Land Administration (ILA), for the benefit of both mination of a 10-year dispute between JNF and Survey of Palestine in its concluding report did not
parties under the old JNF rules of exclusive use by the state. The agreement between the two was assume that Beer Sheba land is mewat.433
world Jewry. Thus, ILA administers 93% of Israel’s legalized in the “Covenant” signed on November
area, which is predominantly Palestinian property. 28, 1961, between JNF (Keren Kayemeth Leisrael) Israel’s claim that this land is mewat, uninhabited,
These lands are leased to Jewish tenants. None and the State of Israel with the sanction of the according to article 103 in the Ottoman Land
of these tenants has a title to the leased land. The World Zionist Organization. Code of 1858 is refuted by serious research.434 It
original lease term was 49 years, renewable. is ironic to observe that had Israel not committed
The final result of these legal devices is that the its ethnic cleansing in 1948, Beer Sheba popula-
Table 4.8 shows various estimates of lands under seized refugee land is made available to any Jew tion would be today around three quarters of a
ILA control, which various from 18,754,000 to around the world, even if he is not an Israeli citizen million people, rendering the Israeli argument of
19,508,000 donums, (the latter figure is posted and not available for a Palestinian even if he is an uninhabited land meaningless. Now, only 20% still
on the official ILA website), which shows a steady Israeli citizen. live there, which is still a sizeable number.
increase of confiscated land. The total land held
by JNF after land ‘sale’ is 3,124,000 donums but Confiscation of Beer Sheba Land Confiscation of West Bank Land
it is shown to be 3,570,000 donums (Ref: 2 in
Table 4.8) and is frequently quoted as 13% of On another front, Palestinian land seizure contin- The Israeli occupation of the West Bank and Gaza
Israel’s area, or 2,633,000 d. This shows additional ued unabated. In one swoop, Israel confiscated in 1967 accelerated the confiscation of Palestinian
446,000 or 491,000 donums acquired by JNF by 12,500 sq. km in Beer Sheba district with the land, not only within the 1949 Armistice Line,
unexplained means, which could be another ‘sale’ exception of isolated tracts of land, on the pretext but also in the 1967 occupied land. The same
of Palestinian land. Other than 750,000 donums that these lands were uninhabited, uncultivated convoluted process of land seizure through legal
purchased by JNF during the Mandate, the rest and were therefore mewat land according to formulation has been used, this time through
of the land held by JNF is Palestinian. the 1858 Ottoman Land Code. The 1969 Land Military Orders.435 The West Bank settlements
Rights Settlement Ordinance defined all land in including those in Jerusalem are a clear manifes-
The Basic Law: Israel Lands of July 19, 1960 Beer Sheba district, in addition to other areas tation of land confiscation.436 This confiscation is
overrules all other laws. Its aim is to legalize the elsewhere, to be “state land”. Thus, under this the subject of numerous political statements and
seizure of Palestinian land, to prevent its possible single Ordinance, more than 61% of Israel’s area media reports, but none of these succeeded in
sale at any time in the future and to prohibit its was seized by the state.426 stopping these illegal settlements.
426 Off the Map: Land and Housing Rights in Israel’s Unrecognized before the date of the Land Transfer Regulations but which website: www.arabhra.org/NaqabReport_English.pdf. [last
Bedouin Villages, HRW report, Vol. 20, No. 5 (E), March 2008. are not registered in the Land Registry”, Political Diaries of the visited]; Off the Map: Land and Housing Rights Violations in
427 Huteroth W.D. and Abdul Fattah, Kamal, supra note 108. See also Arab World – Palestine and Jordan, 1945-1946, Vol. 8, Archive Israel’s Unrecognized Bedouin Villages, Human Rights Watch
Table 1 in: http://www.plands.org/store/writing/BS_report_2009. Editions, Reading, UK, 2001, p. 228. March 2008, Vol. 20, No. 5 (E); Alexandre (Sandy) Kedar, the
pdf. 431 See Map 2.11 (State Domain). Legal Transformation of Ethnic Geography: Israel; Law and
428 Turkish Archives IMMS, 122/5229 dated 4 May 1891. 432 Supra note 226. the Palestinian Landholder 1948, 1967, International Law and
429 Public Records Office CO 733/2/21698/folio 77, 29 March 1921; 433 The report states: “It is frequently difficult to assume that Politics, Vol. 33, pp. 923-1000; Ronen Shamir, Suspended in
McDonnell, Law Reports of Palestine, 1920-1923, p. 458. In there was in the past no grant, and consequently it is not safe Space: Bedouins under the Law of Israel, Law and Society
March 1921, Churchill met with leading Beer Sheba sheikhs, to assume that all the empty lands south of Beersheba or east Review, Vol. 30, Number 2 (1996), pp. 231-257; Sabri Jiryis,
Sheikh Hussein Abu Sitta and Sheikh Freih Abu Middain. He of Hebron, for instance, are mewat. ... It is possible that there The Arabs in Israel, New York and London: Monthly Review
assured them that their land ownership and Custom Law are may be private claims to over 2000 square kilometers which are Press, 1976; David Kretzmer, the Legal Status of the Arabs in
respected. Taped interview with Sheikh Abu Sitta, July 1969, cultivated from time to time. The remainder may be considered Israel, Jerusalem: The Institute of Israeli – Arab Studies, 2002
Amman. to be either mewat or empty miri”, Survey of Palestine, Vol. I, (in Arabic). See also: The Denied Inheritance: Palestinian Land
430 See district commissioner’s report: “para 209:. Protests have Chapter VIII, paras 77, 82, pp. 256-257. Ownership in Beer Sheba, at this link: http://www.plands.org/
been raised at attempted ploughing by Jews of land in Asluj 434 This subject of Beer Sheba situation in Israel was covered store/writing/BS_report_2009.pdf.
to which they have an extremely doubtful title. I am hearing a by several authors. See for example, By All Means Possible: 435 Raja Shehadeh, The Occupiers’ Law: Israel and the West Bank,
case under the Land Dispute (Possession) Ordinance, pend- A Report on the Destruction by the State of Crops of Bed- Washington: The Institute of Palestine Studies, 1985.
ing a decision by the Land Court. There are large areas in ouin Citizens in the Naqab by Aerial Spraying with Chemicals. 436 See http://ochaonline.un.org/; http://www.arij.org/; http://www.
Beer Sheba sub-district which the Jews claim to have bought Nazareth: Arab Association of Human Rights, July 2004, btselem.org/English/index.asp
134
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
The International Court of Justice, the highest court Table 4.9: Value Estimate of Seized Palestinian Property according to Hadawi and
in the world, in its Advisory Opinion of July 9, 2004 Kubursi
decided that the West Bank, including Jerusalem, is Amount
No. Item Description
an occupied territory and that the [Apartheid] Wall £ Million (1948)
must be dismantled and the owners of confiscated Rural Land
Individual Estimate based on various methods, including taxation, for 1945. Amount
land compensated.437 The UN General Assembly 1
Material Assets varies between £329-£436 million. The lower value is upgraded to 1948 and
398.600 (min)
endorsed the Advisory Opinion and the Secretary a rough estimate for Beer Sheba at £25 million is added
General set up an office to measure and evaluate Urban Proberty
130.259
damages due to the construction of the Wall. But Adjusted by Hadawi from UN unrealistic values.
living in the disputed (sic) territory…. [which] means Transport (Roads, Ports, Airports, Railways)
Public Material
2 Assumed 50% of total, although Arabs where 2/3 majority and have paid for 12.100 (min)
that Israel could confiscate land belonging to Assets
these longer than Jews.
Palestinians who used to reside in the area [West
Quarries and Mines NA
Bank] and are now refugees, in accordance with
Fisheries and Coasts NA
the Absentees’ Property Law.”438
Water and Oil NA
Israel went further; it openly and publicly confis- Religious Places and Waqf NA
cated land on Dead Sea shoreline. On June 28,
Public Services/Infrastructure. NA
2009, the Land Registry Office at Ma’ale Adumim
SUB TOTAL 2 (excl. NA) 12.1
settlement in the West Bank published 12 public
notices for the registration of 139,000 donums SUB TOTAL 1 + 2 (excl. NA) 743.2
along the northern and western shores of the Individual Non
3 Personal security NA
Dead Sea, within the West Bank, in the name of Material Assets
the Custodian of State Land of Israel. It opened the Family Dispersion NA
door for “objections” within 45 days. In practice, Killed, Wounded, Imprisoned and Deported NA
this opportunity to object is irrelevant as Israel
Torture and Ill-Treatment NA
considers this land to be “abandoned” as well
as all ‘common’ land in the West Bank under the Suffering in Diaspora NA
Mandate and the Jordanian rule.439 SUB TOTAL 3 (gross underestimate) 5,750 (min)
Public Non
In June 2009, the old idea of land swap between 4 Loss of Records and Documents NA
Material Assets
JNF and ILA for the “state land” surfaced again. The Loss of Nationality and Identity NA
principal idea is to swap land owned by JNF in the
Terrorism, Oppression and Discrimination NA
central district with the refugees’ land in Galilee and
Beer Sheba classified as ‘state land’.440 The reason Massacres NA
for this is the increased need for urban expansion Transfer of Population NA
in the central sector and diminishing interest in Denial of Living at home NA
agricultural land which belongs to refugees.441 With
Note: War Crimes, Crimes against Humanity Crimes against Peace are
this swap/sale, JNF would earn a big monetary not listed, should follow UN established practice.
return which it will use in the Jewdaization of Galilee TOTAL 1 – 4 (excl. NA) 748,950
and Beer Sheba. Bringing in new Jewish settlers to Loss of Human Capital
these areas requires confiscating more Palestinian 5 Human Capital i.e. loss of profit, unemployment, financial burden on relatives and neigh- 439,100
land in Galilee and continuing to deny Palestinian bouring states, assumed as % of GDP for 1944, adjusted to 1949.
ownership rights of land in Beer Sheba. It is clear Grand Total (1948) £ million 1,188,050
6 Grand Total
therefore that not only the 1950’s confiscation of In US dollars, 1998 prices, $ million 562,048
refugees’ land was a major loss to Palestinians,
but that swap between two confiscating parties Sources:
1. Hadawi and Kubrusi, Palestinian Rights & Losses in 1948: A Comprehensive Study. London: Al Saqi Books, 1988.
in Israel is a further loss to the Palestinian citizens 2. Sayigh, Yusuf, The Israeli Economy. Cairo: The Institute Arab Studies, 1966 [Arabic].
of Israel.
Wholesale Sale of the Refugees’ Land vatization’ of “state land”; in other words, selling populated villages. Sales of individual refugees’
refugees’ land to private Jewish entities.443 homes in cities were announced, while the owners
Now, a law allowing the wholesale of confiscated are in exile, unable to return and repossess their
Palestinian land in Israel has passed its third The confiscation and sale of Palestinian property houses.444 Selling 1948 war spoils goes beyond
reading at the Knesset.442 The law allows the ‘pri- to Jews is not limited to agricultural land of de- the legal formulation and state decisions. There
437 The Court concluded that the areas occupied by Israel in 1967 Palestinian Territory, 2004 ICJ Rep (9 July 2004), available at: homes to people who currently lease them”.
were occupied territories under international law, para 78. The http://www.icj-cijwww/idocket/imwp/imwpframe.htm. 441 Werczberger, Elia and Borukbov, Eliyaha, The Israel Land Authori-
Court ruled that the Hague Regulations of 1907, as well as the 4th 438 Haaretz, August 2, 2009, “Judge: Israeli Law applies in disputed ty: Relic or Necessity?, Land Use Policy 16 (1999), 129-138, p. 133.
Geneva Convention, apply to the occupied territories. Contrary West Bank Territory”. 442 Akiva Eldar, Land Reform and Mofaz Law, Haaretz, August 3, 2009.
to Israel’s longstanding position, the Court responded that hu- 439 For more details, see www.arij.org/editor/case_studies/view. 443 Labour MK Option Pines-Paz, commented, “This is a continuation
man rights conventions apply both in peace time and armed php?recordID=2006. This will of course pre-empt any chance of the political thuggery of the [Netanyahu] government and the
conflict. These human rights instruments are: the International for Palestinians to recover sovereignty of a Palestine state over coalition”. He was not defending the refugees’ rights. He was
Covenant on Civil and Political Rights (CCPR), the International area C in the Oslo agreement. It also eliminates Palestinian referring to “the cynical use of power” to gain supporters.
Covenant on Economic, Social and Cultural Rights (CESCR) and rights in the exploitation of Dead Sea shores and minerals. 444 Take the case of Abdul Latif Kanafani, whose family house in 15 Al
the Convention on the Rights of the Child (CRC). (From Com- 440 Jerusalem Post, June 24, 2009, Court puts JNF-ILA land-swap Burj Street, Haifa was put on sale. See Aljazeera.net, June 22, 2009,
mentary on the ICJ Advisory Opinion by Susan M. Akram and deal on hold. The deal is about transfer of 70,000 donums “Palestinian plots up for grabs”. At least 282 homes have been sold
John Quigley). See the full text of the Advisory Opinion: Legal under the name of JNF in the centre to the state which leads in the past 2.5 years, Adalah, a Palestinian legal centre, stated. In
Consequences of the Construction of a Wall in the Occupied to “transfer of full and permanent ownership of the 290,000 May 2009, a one acre block in Jaffa was sold to a Jewish group.
135
P a r t I : G e n e r a l R e v i e w
Table 4.10: Changing Areas of Israel Map 4.12: Changing Landscape (Dead
Sea): Dead Sea before and after
S. No. Description Area (Donums) Accumulative Area
Diversion of River Jordan
1 Jewish land under the Mandate 1920-1948. 1,429,062 1,429,062
2 Occupied by Military Force (1948/49) 18,197,526 19,626,588
3 Ceded by King Abdullah under threat (1949) 371,342 19,997,930
4 Acquired in Gaza Strip by Secret Negotiations with Egypt (1950) 192,626 20,190,556
5 Occupied by Incursions into Syrians DMZ after 1950 64,444 20,255,000
6 First Declared Israel’s Area 20,255,000 20,255,000
7 DMZ in Jerusalem - occupied 1967 3,120 20,258,120
8 Annexed Jerusalem villages excl. DMZ - 1967 68,720 20,326,840
9 New Declared Israel’s Area 20,325,000 20,326,840
10 Latrun No Man’s Land (NML) occupied after 1967 48,480 20,326,840
11 Wadi Arabah Land “Exchange” - 1994 Peace Treaty 17,390 20,392,710
12 Salt Pans created from Dried Dead Sea 76,838 20,469,548
13 Dried Land from Dead Sea: Diversion of River Jordan 52,277 20,521,825
14 New Declared Israel’s Area 20,517,000 20,517,000
Notes: For area in S. No. 6, See source: State of Israel, example, 20,560,000 d (2003) source: Israel Statistical
Government Book 5712 (1951/1952), p. 315. Land Area: Abstracts, CBS No. 54, 2003 ; 20,489,000 d (2006).
77% of Palestine (26,323) [= 20,269 sq. km]. Subtracting Source: Israel Statistical Abstracts, CBS No. 57, 2006.
Hula, net area = 20,255 sq. km. All other areas are GIS - measured.
For area in S.No. 9, See source: Israel’s Statistical The following are excluded from the above table:
Abstracts, CBS No. 40 (1989): Repor ted area = 1. Area acquired around West Jerusalem Nov 48 to
21,946 sq. km. Subtracting Golan (1,176), net=20,325. March 49, including Jaffa-Jerusalem Railway line
Subtracting annexed Jerusalem (68.7 measured), and Walaja and Bayt Safafa land (See Map 3.14).
net=20,256 sq. km. 2. Annexation of Golan (1,154,000 d).
For area in S.No. 14, See source: Israel Statistical 3. Area acquired from Lebanon-not settled. The UN blue
Abstracts, CBS No. 50, 1999 (after Israel-Jordan Peace line is not accepted by all parties.
Treaty of 1994 and after resulting boundary changes in 4. Area backfilled in the Mediterannean Sea.
Southern Wadi Arabah, note 2, p.1-8). 5. Illegal Settlement in the West Bank. There is ample
Israel’s published area varies within a limited range: for data on the internet, particularly OCHA.
is a strong Israeli public drive to acquire Arab Armistice Line of 1949, defining a de facto
property and expel Palestinian citizens in Israel.445 separation line, until recognized according to
The whole Israeli community is imbued with a international law.
strong racist ideology which propels extremist 2. The Israeli encroachment on No Man’s
leaders to seats of power. Land (Latrun Salient) and modification of the
Armistice line in Jerusalem area. See Section
The total sum of the value and losses of Palestinian 3.2 and Maps 3.12 – 3.14.
property seized by Israel in 1948 has been es- 3. The Israeli encroachment on Gaza Strip,
timated by Hadawi and Kubursi. See Table 4.9. shrinking its size by 200 sq. km to the present
The value is upgraded herein to 1998, i.e. to the area according to the temporary Modus
fiftieth anniversary of al Nakba. This table is not Vivendi agreement of 1950. See Section 3.2
intended to solicit compensation for their patri- and Map 3.9.
mony as Palestinians assert that their homeland 4. The Israeli occupation of DMZ on the Syrian
is not for sale. The purpose of this table is to show border in 1949-1951. See Section 3.2 and Map
the magnitude of losses. 3.16.
5. The Israeli encroachment on several sections
on the Lebanese border. See Section 1.3 and
Map 1.7.
4.5 Changing the Landscape 6. The Israeli occupation of DMZ on the Egyptian
border (256.36 sq. km).
The part of Palestine that came under Israeli rule 7. The Israeli gain and Palestinian loss in land
in 1948 was subject to many visible changes: exchange according to the Israel-Jordan
in the extent of the occupied area, the terrain, Peace Treaty of 1994. See Section 1.3 and
water resources and in the landscape of cultural, Map 1.11.
religious and archaeological sites. 8. Drying up of Lake Hula.
9. Drying up of the Dead Sea due to diverting Notes: For over a thousand years, the Dead Sea
water level and its area fluctuated slightly according
Changes in Area water from River Jordan. to rainfall. During the Mandate, its water surface area
10. Annexation of East Jerusalem and its villages was 1020.7 sq. km (Area 1 in the map) + southern
extension, 35.50 sq. km (Areas 5,6) making a total
Israel never declared its borders for the simple in 1967. 1056.2 sq. km. After diversion of River Jordan, sur-
reason that is has none. Most of the land under 11. Landfill on the Mediterranean coast. face area shrank to 630.4 sq. km and the mean water
level dropped from – 392 m to – 415 m. Two isolated
its control was occupied by military force. Israel salt pans were created (Areas 3, 4), separated by a
has no constitution which normally defines a The declared areas of Israel at different years due causeway. Areas 5, 6 were shown in Mandate maps
country’s borders. Its Basic Laws are stated to to various parameters with noted exclusions are as “soft mud impassable”. Area 7 was shown as
“mud/salt pans”. Now all these areas are salt pans.
apply in “Israel”. Its territory may be defined by given in Table 4.10. Caution must be exercised
the status of the occupied territory it holds on in referring to published areas of Israel as they
a given date and its legality. There are however are likely to be different. Figures of areas given or re-labelled archaeological and religious sites
certain parameters which may assist in estimating by UN, CIA and various departments of Israel’s have been covered in Section 4.2.
Israel’s constantly changed area: Central Bureau of Statistics (CBS) are different.
Many of the parameters above have been dealt Two large water masses require special treatment
1. The part of Palestine that was occupied with in the indicated sections and in Table 4.10. due to the extent and gravity of change, and the
by Israel in 1948/1949 and bounded by the The destruction of the landscape and destruction strong impact it has on Israel’s acquisition and
445 The notorious Avigdor Lieberman, the foreign minister and Ariel Atias, the housing minister, voiced extreme racist statements to this effect. See, for example, Jonathan cook, Loyalty Oath to keep Arabs Out,
June 8, 2009, www.jkcook.net/Articles2/0396.htm.
136
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.13: Changing Landscape (Lake Hula): Lake Hula before and after Draining an extended description. Map 4.13 shows Lake
Hula and the depopulated Palestinian villages and
their lands around it during the Mandate in addi-
tion to its present condition. The environmental
story of Lake Hula started before WWI. In June
1914 the concession of “drainage and reclama-
tion of the Hula marshes” was granted by the
Ottoman authorities to two Lebanese merchants,
one of whom was Selim Salam. Hula valley (56,
940 d.) consisted of: (1) Lake Hula (16,919 d.), (2)
Marshes (21,452.811 d.), (3) Land (18,568.21 d.)
as determined by the British Mandate in metric
donums in 1934.446 The purpose was to increase
the cultivable land area by reducing the area of
the marshes and the danger of malaria spread.
In 1914, the Ghawarina people lived in 19 villages
in Hula valley. Zubeid Arabs lived in the higher
dry land.
446 Tyler supra note 197, p. 82. 447 The Story of Hula Concession, supra note 198. 448 Tyler, supra note 197, p.90.
137
P a r t I : G e n e r a l R e v i e w
buy the concession but refrained from buying it Palestine and parts of the Golan Heights for its Table 4.11: Number of Remaining
for the public interest. By this time, Jews bought water resources. Moshe Dayan admitted that he Villages in Israel (1998)
several plots of land north and south of Hula and provoked 80% of the incidents on the armistice S. StatusCode
built settlements. Hula concession was consid- line in order to drive the Syrians away.450 In March DistrictName
No. 4 5 6 7 Total
ered an extension of the settlement scheme. In and April 1951, the Israeli initiated a series of
1 Safad 2 3 5
addition to six settlements before acquiring the clashes through provocative tractor advances in
2 Acre 2 32 1 7 42
concession, the Zionists succeeded in planting Syrian-held territory followed by armed incursions
18 new settlements in Hula environs in the decade and aerial bombardments. Israel also expelled 3 Haifa 2 10 14 8 34
September 29, 1934 and the concession area was One month later Israel resumed drainage but not 11 Ramle 2 2
handed over to PLDC on November 29, 1934 at through Arab lands within DMZ. This however 12 Ramallah 0
an agreed consideration of £ 191,794 for Salam’s affected the salinity of Jordan River to an extent 13 Jerusalem 1 2 2 5
concessionary rights. that it was impossible to irrigate the valley land. 14 Gaza 0
Jordan lodged a complaint with the Security
15 Hebron 3 3
However, not all went well with the drainage Council about these violations to no avail.
16 Beer Sheba 15 36 51
scheme. Having paid Salam, the Zionists found
difficulty in raising the funds for drainage, now Israel went further. It tried to divert River Jordan TOTAL 12 87 53 59 211
estimated by a British consulting firm at £933,000, at Jisr Banat Yacoub just south of Hula through
Note: Status Code: 4 repopulated, 5 existing since
of which £222,600 to be paid by the government. the National Water Carrier. Syria protested and 1948, 6 new recognized, 7 new unrecognized.
Although the government agreed, the Zionists the UN halted the work. Eventually Israel diverted Number of villages with status 6, 7 is changing –
more recognized villages and more new villages.
demanded new amendments to the concession these waters at Lake Tiberias’ north west corner,
agreement and asked the government to increase which was completed in 1964. The National Water
its contribution to £1.0 million. The break of the Carrier (NWC) is 112 km long comprised of a series in the southern region is mined for phosphate in
Arab Rebellion (1936-1939) and the Second World of canals, tunnels and pipelines, which carries “the heart of an impressive wilderness area”455 and
War delayed final agreement with the govern- 320 mcm of Jordan water down to near Rafah in “the damage to fauna and flora” is widespread.456
ment till 1947. At this point the government was the south. The Arab states threatened to divert The Zionist rush to build a new landscape and
in no mood to concede more rights, such as northern sources of River Jordan to bypass this destroy the past led to an irreversible ecological
dropping the right of the Arab cultivators to the scheme. However Israel bombed the site of the disaster and maimed the face of the physical
stipulated 15,774 d., especially that the whole of suggested diversion.451 This situation was sealed landscape, thus erasing the heritage of Palestine,
Palestine was put in the UN’s lap for partition. In when Israel waged the 1967 war and occupied accumulated over thousands of years.
1948-49, the whole Hula Valley was captured by Golan Heights, Gaza Strip and the West bank,
the Israelis and its Palestinian inhabitants were and Sinai (till Egypt signed Treaty with Israel in
expelled. Much larger land was acquired by the 1979.)
force of arms. 4.6 Population Distribution
Drying Lake Hula turned out to be the largest
Normally, there are three conditions to terminate man-made ecological disaster in Palestine. 452 The Remaining Towns and Villages
the concession: (1) at maturity date, (2) at its ter- The nature-made socio-ecological system is
mination by the Palestine government for default destroyed. “This man-made project marked the In spite of the overwhelming catastrophe which
or other reasons which may be contested, and (3) termination of one of the oldest documented befell Palestinian society, a number of Palestinian
on the dissolution of the authority which legally lakes and surrounding wetlands in history, with villages managed to remain in situ. Towns were
sanctioned the concession. The latter was the a rich and diverse aquatic biota... Agricultural depopulated but remnants of its population man-
case on May 15, 1948 when the British Mandate development of the reclaimed land was unsuc- aged to stay or return. Towns, unlike most villages,
was terminated. The concession area should cessful, and soils were affected by continuous were not totally destroyed, only all or parts of
therefore revert to the people of Palestine. With underground fires. Weathered peat soils, without the old city. Some of those who stayed could
the Israeli invasion and conquest of the whole a vegetation cover, were eroded by wind. Another remain in their homes. Others, especially those
region, the terminated concession was replaced ecological effect was the release of nutrients by who returned after a day or two, were allowed to
by military occupation lasting till today. It is still the decomposing peat, with the nutrients carried stay elsewhere in town, but not always in their
a subject of possible resolution between Syria by the Jordan River floods into the entropic Lake homes. If they did, they had to pay rent. Unless
and Palestine on the one hand and Israel on the Tiberias Kinneret.”453 Attempts were made towards they were confirmed otherwise, their property was
other about the legality of Israel’s occupation of the Restoration of Hula natural conditions, by re- confiscated as they were considered “Present
this region. flooding the lake, but full rehabilitation of the lake Absentees”. All property of the “absentees”
is not possible. It is now substituted by creating had been confiscated by the state of Israel as
Syrian forces entered Palestine on May 15, 1948 a new body of water and a tiny lake. described earlier. (See Section 4.4).
from two locations, south of Lake Hula and south
of Lake Tiberias. After signing the Armistice This is not the only case of environment loss of The reasons why some villagers could or did re-
Agreement between Syria and Israel on 20 July stability. “For decades, Israel has systematically main while the majority was expelled are complex.
1949, Syria kept some areas in Palestine under destroyed its natural resources in almost every The simplest one is that these villagers refused to
its control. See Map 3.16. The Israelis were region”.454 Rivers turned into sewage channels, the budge even when they saw massacres committed
determined to occupy the remaining part of Dead Sea became an industrial pool, the desert followed by endless harassment. Another reason
449 Tyler, supra note 197, p. 102. The conditions are: was not entitled to recover any part of these costs from 452 Anton, Glenna, Blind Modernism and Zionist Waterscape: The
1. The reservation of 15,772 metric dunams for Arab cultiva- the Arab cultivators or government. Huleh Drainage Project, Jerusalem Quarterly 35, Autumn 2008,
tors within the concession area. 5. The new concessionaires would be liable for all sums owed pp. 76-92.
2. Approval for the transfer in no way committed government to government by Salam’s company. 453 Inbar, Moshe A Geomorphic and Environmental Evaluation of
to carry out sanitary measures, anti-malarial or other works 6. The present concession would be amended to give effect the Hula Drainage Project, Australian Geographical Studies
in the region outside the concession. to these requirements. Volume 40, Issue 2, pp. 155-166.
3. Should government subsequently decide to assist with 450 See supra note 322. 454 Rinat, Zafrir, Time for Reckoning, Haaretz, Feb 19, 2006.
the sanitation work outside the concession, the PLDC as 451 See for example: Elmusa, Sharif, Water Conflict: Economics, Poli- 455 Rinat, ibid.
concessionaires would be asked to share the costs. tics, Law and the Palestinian – Israeli Water Resources, Wash- 456 For a general study of the damage to environment, see: Tal,
4. The PLDC would bear the entire cost of reclamation work ington: Institute for Palestine Studies, 1997: and Lowi, Miriam, Alon, Pollution in a Promised Land: An Environmental History
inside the concession, including the drainage and irrigation Water and Powers The Politics of a Scare Resource in the Jordan of Israel, Berkeley, Los Angeles, London: University of California
work on the 15,772 dunams reserved for the fellahin, and River Basin, Cambridge: Cambridge University, Press, 1993. Press, 2002.
138
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
is that some villagers held a peace agreement was depopulated completely while the eastern The number of Palestinian villages grew by an ad-
with nearby Jewish settlements and thought this sector remained Arab under Jordan’s rule until ditional 112 villages in the period (1948-1998) due
would protect them. This assumption proved not 1967. (Other all-Arab 6 towns have been totally to natural increase, but only 53 villages have been
to be always a guarantee against expulsion, as depopulated). The remaining 99 villages and towns recognized by Israel. The additional 59 villages
several villages which had done so, were also (for simplicity, the word ‘village’ will be used for are not recognized; that is, they have no roads,
expelled.457 This depended sometimes on how both), should be compared to 1304 localities in electricity and receive no municipal, education or
effective the intervention of their Jewish neigh- all Palestine in 1948, which included only 185 health services, although they pay taxes.460 Table
bours was with the invading army officers, mainly Jewish colonies. It should also be compared with 4.11 gives the number and classification of 211
newcomers from Europe, who were not interested 773 Palestinian localities which fell under Israel. old and new existing Palestinian villages in Israel
in these old relations. Another important reason In all, of the 773 villages that were occupied by today, by district. Map 4.14 shows the location,
was Israel’s policy of splitting Palestinian society Israel, 99 remained and 674 (87 percent) were population size and religious distribution of the
by discriminating on religious grounds, favouring depopulated. remaining Palestinian villages. These villages were
some and persecuting others.458 under military rule (1948-1966), which prevented
Remnants of the population in some depopu- their mobility and consolidated their concentration
At the end of 1948, 87 villages remained. In lated villages, who managed to avoid expulsion in their villages of 1948. Much of their land was
addition, 12 villages and towns were depopu- beyond Israel’s borders, drifted aimlessly within confiscated but their villages grew in number in
lated and then repopulated by their old and new the country but could not return to their homes. the vicinity. No new Palestinian town is allowed
population. The Israeli-occupied towns include Hillel Cohen459 listed 61 such villages in the six to develop in Israel.
two which were Palestinian and remained so: districts of the Galilee only from various Israeli
Nazareth and Shafa ‘Amr, and three, which had sources. Of these 61 villages, eight each had over Although the number of Palestinians in Israel today
a large Palestinian majority and after the 1948 500 persons remaining, 15 had 100-500 persons is known (1,232,000 in mid 2008, including an-
expulsion, have a small Palestinian minority: Acre, remaining and the largest number, 38, had less nexed eastern Jerusalem), their number in 1948 is
Haifa, Jaffa. Two towns had been absolutely Arab, than 100 persons remaining. Israel housed them uncertain but can be defined within a narrow range.
now have a small Palestinian minority: Lydda in different locations but none was allowed to Figures usually quoted range between 150,000 and
and Ramleh. The western sector of Jerusalem return to their original homes. 180,000, the lowest estimates are usually Israeli.461
457 Example of villages expelled in spite of peace agreement men- The American University Law Review (1994), pp. 467-591; Sabri Social Research- MADA (www.mada-research.org).
tioned by Morris, supra note 242, Huj, p. 259, 356; Khalisa, p. Jiryis, The Arabs in Israel. New York: Monthly Review Press, 461 There is no solid proof for these figures. The estimated popula-
251; Qeitiya, p. 512. 1976; Nadim Rouhana, Palestinian Citizens in an Ethnic Jewish tion of the remaining villages and towns is based on the original
458 Benny Morris, supra note 242, p. 24, 51, 418. State. New Haven: Yale University Press, 1997. For Human Rights data of Village Statistics (1945). If the depopulated towns (Acre,
459 Hillel Cohen, The Present Absentees: The Palestinian Refugees violations see websites: Center for Economic and Social Rights Haifa, Jaffa, Lydda, Ramleh and Jerusalem) are also included, the
in Israel since 1948. [Arabic] Beirut: Institute of Palestine Studies, (www.cesr.org), ADALAH (www.adalah.org), Arab Association total figure will be 113,870 (1944), or 124,096 (1948). Estimating
2003, pp. 208-219. for Human Rights (www.arabhra.org). For unrecognized vil- the remaining town population at 20,500 (as per UNCCP), and
460 There is a considerable body of literature about the plight of lages, see Association of Forty (www.assoc40.org). For those adding Cohen’s incomplete estimate from Israeli files of other
these villages. For confiscation of their property and military rule in al Naqab, see publication by The Regional Council of the scattered population: 16,000 from Galilee villages and 17,500
applied on them (1948-1966) see, George E. Bisharat, “Land, Unrecognized Villages in the Negev (www.arabhra.org/rcuv/ from Beer Sheba, the total will be 178,000 Palestinians remaining
Law and Legitimacy in Israel and the Occupied Territories,” 43 index.htm). Also see publications by Arab Center for Applied in Israel. This is an increase today (2008) of about 6-7 times.
139
P a r t I : G e n e r a l R e v i e w
Map 4.15: Density of Jewish Population The number of internal refugees who were allowed
to return to their villages and towns but not to their
homes and property is larger than the number
of internally displaced Palestinians. Both are
“Present Absentees” and their land and property
were confiscated.462 Cohen estimates IDPs to be
23,000463 in 1950-1952, based on Israeli and Red
Cross (ICRC) records. This is an underestimate.
These refugees come from 61 Galilee villages,
‘Triangle’ villages ceded by Jordan in 1949464 ,
Kirad Baqqara and Ghannama on the Syrian
border, villages west of Jerusalem (Bayt Naqquba,
Suba and Zakaria) and other villages and towns
(al-Majdal, Safriya, Sarafand al-Amar). By rough
estimate of possible limits from Village Statistics
(1945) the figure is closer to 35,000. According to
an ICRC letter dated November 15, 1949, there
were 12,000 Bedouins in Beer Sheba who needed
their services, but ICRC could not provide them.
Adding this number, the total estimate of IDPs
is 47,000, or 26 percent of all Palestinians who
remained. Their number is estimated to be about
330,000 (mid-2008). See Table 4.3.
462 For example, refugees from Haifa were allowed to return to Haifa November 15, 1949 (file G59/I/G.C./E). ICRC refused Israel’s Jatt, Kafr Bara, Kafr Qasim, Taiyba and Jerusalem.
but not to their homes which were confiscated. Refugees from Iqrit request to provide services to 12,000 displaced bedouins in 466 Salman Abu-Sitta, The Forgotten Arabs: The Bedouins of Beer
and Bir’im were not allowed to return to their homes or villages. Beer Sheba, because they were out of ICRC’s area of operation, Sheba, [Arabic] al-Hayat (London), 2 parts: September 27, 1995, p.
They are internally displaced. Both are “Present Absentees”. i.e. in the area east of Beer Sheba where they were expelled and 8; and, September, 28, 1995, p. 18; and, Abu-Sitta, Salman, The
463 Cohen, supra note 459, p. 24. relocated by Israel. Forgotten Half of Palestine: Beer Sheba District, Beirut: Journal
464 Letter from ICRC International to ICRC office in Jerusalem. 465 They are Barta’a, Umm el Fahm, Muqeibila, Baqa al Gharbiya, of Palestine Studies, Winter 2008, number 73, pp. 37-50.
140
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.16: Density of Palestinian Population donums. Israel confined all remaining population
to a ‘reserve’, called siyag, a ‘siege area’ east of
Beer Sheba, within an area of 900,000 donums,
that is 7 percent of Beer Sheba district. Even in this
limited area, only 240,000 donums are at present
cultivated by the remaining population, some of it
on lease basis, of which 180,000 donums are held
by residents of unrecognized villages.467 Most of
the 3,500,000 donums owned and cultivated by
Palestinians pre 1948 has been confiscated by
Israel and called ‘state land’.
467 The Unrecognized Villages in the Negev, Submission to the 468 Ibid, p. 9. Relations in a Mixed Region: Arabs and Jews in the Galilee,
UN Committee on Economic, Social and Cultural Rights, 5-23 469 See supra note 434. Israel. Occasional Paper No. 30. Perth: Indian Ocean Centre
May 2003, by Arab Association of Human Rights, Nazareth 470 Oren Yiftachel and Avinoam Meir (ed.), Ethnic Frontiers in Israel: for Peace Studies, 1993.
and Regional Council for the Unrecognized Villages in Beer Landscapes of Development and Inequality in Israel. Boulder: 471 Israel CBS, No. 57, 2006 Table 1.2.
Sheba, p. 9. Westview Press, 1998; Oren Yiftachel, The Evolution of Ethnic
141
P a r t I : G e n e r a l R e v i e w
Table 4.12: Present Land Use in Israel Map 4.17: Present Land Use of Palestine
1948
Km² % of Total Km² % of Total % Per
Land Use
1994 2020 group
Source: Adam Mazor, Israel Plan 2020, Haifa: The Technion, 1997, Vol.2, P.188, Table 12.1 (excerpts).
Notes: Total includes Golan (1,154 km²), Net Israel area 20,346 Km², as per source.
Population Centers: include built-up areas, roads and railways within.
Spaces: include army installations, bases and factories.
Military: includes camps, training, maneuverings and firing ranges.
Open protected areas: includes nature reserves, parks, panoramic scenes, forests, woods.
Vacant: includes uninhabited areas, mining, quarries, roads, railways and agriculture.
Cultivated area is 4,200 Km² (1997) including irrigated land 2,000 Km² (1979), reduced to 1,115 Km² (2000).
The rural area, which is largely a Palestinian land, This section looks behind the mantras in an at-
is utilized for agriculture and industrial pursuits tempt to establish the facts of water development
of the bankrupt Kibbutz, for “reserved” spaces and the water conflict in historic Palestine. The
and for military uses. The military uses are by record speaks more of mismanagement, unsus-
far the largest. See Table 4.12 Land Use. It is in tainable pumping rates, and ever-increasing Israeli
this area, in addition to other locations on the control of the water resources. The conflict is re-
coastal plain, that Israel built or developed its solvable, however, according to the water-sharing
airports, military bases and depots of WMD. principles of international water law, or under the
The contribution of agriculture is dwindling (see management of a single political entity.
Section 4.7). Thus, Israel’s land use may be
roughly summarized in two regions: (1) urban and The Resource
economic: 10-20% of Israel’s area, (2) military Map 4.18 shows the surface water and groundwa-
reserve and miscellaneous use, the remainder. ter resources available to inhabitants of historic
Map 4.17 shows the present land use in Israel in Palestine. The main surface water resource is the
accordance with Table 4.12 and from the same Jordan River System. The Upper Jordan River is
source. It once again shows that the confiscated formed by the confluence of three smaller tributar-
refugees’ land is still sparsely populated. Its use ies – the Hasbani (rising in Lebanon), the Banias
for military has created conflict and instability in (rising in the occupied Syrian Golan Heights)
the area for several decades. and the Dan river (rising in Palestine 1948). This
upper portion of the river flows into the Lake of
Tiberias (aka the Sea of Galilee or Lake Kinneret),
at roughly 200m below sea level. Until 1964, the
4.7 Water & Agriculture Lower Jordan River flowed out of the Lake of
Tiberias, where it is joined by the Yarmouk River
The largely rural Palestinian land conquered by to end eventually in the Dead Sea – the lowest Source: Adam Mazor, Israel Plan 2020, Haifa: The
Technion, 1997, Vol. 1, Land use map No. 16, Built-
Israel in 1948, plus the Jewish agricultural land body of water on the planet, at roughly 415 m up and Open Areas.
before 1948, constitute the main utilization of below sea level.
water resources, which is one of the main factors
of conquest, war and conflict. The primary source of water has always been the are not replenished at a sustainable rate. With
groundwater that exists in underground aquifers each drought, in other words, there is less water
A Century of Water Use in Historic – large reservoirs of water found beneath the available for human use.
Palestine472 ground’s surface. This water can run naturally
By Mark Zeitoun to the surface at the foothills of mountains in Acquisition and Maintenance of Control over
the form of springs, thus providing easily acces- Water Resources
Introduction sible freshwater for irrigation. The spring of Ein
Israel made the desert bloom. All mantras hide as al Sultan in Jericho, for example, has been a life Ottoman Period
much as they suggest, and this one is not excep- source and supply for agriculture for over two Under Ottoman administration, water resources
tional. Jewish colonial (and later Israeli) industrial thousand years. Groundwater is also accessed were considered very much as belonging to the
farms have been irrigating parts of the Negev through wells. According to the Armistice Line land from which they originated. While large ir-
desert for decades, particularly upon completion of 1949, there are four transboundary aquifers rigation schemes in Syria were developed along the
of the Israeli National Water Carrier in 1964. The – the Western Aquifer, the Eastern Aquifer, the flat banks of the Tigris and Euphrates rivers, arable
implication of the ‘desert bloom’ mantra is that the Northeastern Aquifer, and the Coastal Aquifer. land along the Jordan River valley was too high for
Palestinian inhabitants of the land either chose not See Map 4.19. extensive development prior to the development of
to or could not make it ‘productive’ themselves – electric-motor water pumps. Irrigated farming in
thus complementing the ‘land without a people’ The entire system is part of the hydrological cycle, Palestine originated naturally in the areas of the
myth. In fact, Palestinians had extensively devel- and is nourished by rainfall. Next to no rain falls largest springs – for instance around Beisan, Wadi
oped agriculture before 1948, and the link with the in the Negev desert, only about 50mm per year in Fara’, and Jericho. The bulk of farming in Mandate
land was both intimate and life-sustaining. In any Rafah, and about 600mm per year or more around Palestine remained rainfed (not irrigated) farming,
case, growing peppers and potatoes in the desert Jerusalem, Jenin and Nazareth. At the rate at however, with sporadic water well development
is unnecessary and poor agricultural practice. It which water is currently extracted for domestic towards the later days of the period.473 The Ottoman
is also illegal, when the water used is taken from and agricultural use, even a single winter that is authorities handed a concession to the Jaffa Electric
neighbouring states against their will. dryer than average means the rivers and aquifers Company (later Palestine Electric Corporation) for
472 Based partly on Power and Water in the Middle East: The Hidden Implications of Historic Water Use (NSU 2008). Special thanks tions of Historic Water Use, 1920 - 1948. Unpublished. Ramal-
Politics of the Palestinian-Israeli Water Conflict (Zeitoun 2008), are due to Clemens Messerschmid. lah, West Bank, Negotiation Support Unit, Negotiation Affairs
and The ‘Prior Use’ Argument: Establishing Benchmarks and 473 The ‘Prior Use’ Argument: Establishing Benchmarks and Implica- Department, Palestine Liberation Organisation, NSU (2008).
142
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.18: Water Resources in Palestine: Map 4.19: Water Resources of Palestine: Surface Water (Jordan River System) and
Wells and Springs (1920-1943) Groundwater (4 Transboundary Aquifers)
Note: Map adapted from the Palestinian Academic Society for the Study of International Affairs (PASSIA); Center
Source: Survey of Palestine, 1:20,000 sheets for Economic and Social Rights, Executive Action Team (USGS) Overview of MidEast Water Resources.
development of hydro-electricity on the al Auja ments and advocacy to colonial France and Britain authorities acting on behalf of the land owners, the
spring474 , which led eventually to the ‘Rutenberg (See Map 1.5 and the Borders of Palestine, Section interest of Zionism in the land manifested itself
Concession’ (See Section 1.3 (c) The Border with 1.3). In 1919, Chairman of the Zionist Commission, upon the water resources in other ways. Agriculture
Jordan). A further concession was made for use of Chaim Weizmann, made his views explicit to was “viewed as a means for ‘redemption’ of the land
the Jordan and Yarmouk rivers, to Greek citizen British Prime Minister David Lloyd George: “The from the ‘desolate’ state they perceived it to be in,
Euripides Mavrommatis.475 Zionist leaders became whole economic future of Palestine is dependent as a means to make the desert bloom, as a source
interested in water resources during this period, on its water supply for irrigation and electric power, of spiritual renewal for Jewish immigrants and as
with Theodor Herzl suggesting for instance that and the water supply must be from the slopes of a means to help them strike roots in Palestine”.478
the British construct a canal from the Nile River to Mount Hermon [Jebel esh Sheikh], from the head- The latter motive was also politically pragmatic.
the Sinai Desert, and stating that “the real found- waters of the Jordan and the Litani River … [We] To increase the ‘absorption capacity’ of Palestine
ers of the new–old country were the hydraulic consider it essential that the northern frontier of was one of the reasons given by British authorities
engineers”.476 Palestine should include the Litani, for a distance to limit Jewish immigration. Converting previ-
of about 25 miles above the bend, and the western ously ‘unproductive’ land into large-scale irrigation
Pre 1948 Zionist Aspirations (Water and and southern slopes of Mount Hermon”.477 schemes in essence increased the amount of food
borders) available – and, by the racially-based reasoning
The World Zionist Organisation also linked water Though these particular territorial aspirations guiding advocacy efforts – the amount of Jewish
resources and needs to political borders in its argu- were debated and ultimately denied by the colonial immigrants the land could sustain. Multiple
474 Palestine Agreements 1924 - 1937. Agreements signed by the CO 733/131/1-3, CO (1927). FO 608/274. Though the land around the Litani River (but not
British Mandate Authorities, UK National Archives Dominions 476 Trottier, J. Hydropolitics in the West Bank and Gaza Strip, Jebel esh Sheikh (Mount Hermon)) was eventually occupied
Office Record DO 118/69/1, DO (1927); Draft Agreement13th Jerusalem: PASSIA, 1999, p.41. ) by Israel from 1978 - 2000, and the river was used locally by
October 1927 Between Field Marshall the Right Honourable 477 Frederiksen, H D, The World Water Crisis: Ramifications of Israeli forces, there is no evidence that the Litani was diverted
Herbert Charles Onslow and the Jaffa Electric Company Lim- Politics Trumping Basic Responsibilities of the International for Israeli use. See discussion in Amery (2000), Amery and
ited, UK National Archives Commonwealth Office record CO Community, Water Resources Development 19(4), 2003, pp 593- Wolf (2000) and Medzini (2001). The mountainous topography
733/134/6, CO (1947). 615. See also: Peace Conference (British Delegation)- Eastern renders such a project economically infeasible.
475 Case concerning the Re-Adaptation of the Mavrommatis Mission (Turkey), Files 76-91, Correspondence between British 478 El Musa, S. Land-Water Nexus in the Israeli-Palestinian Conflict.
Concessions - Opinion of the Attorney General and Mr. Foreign Office and World Zionist Organization regarding control Journal of Palestine Studies 25(3), (1996) p. 276.
Fachiri, UK National Archives Commonwealth Office record of the Litani and Yarmouk Rivers, UK Foreign Office record
143
P a r t I : G e n e r a l R e v i e w
Table 4.13: Distribution of Recorded Water Use over two User Groups based on Records water was too high”483 Israeli water professionals
from 1920- 1943 focused their development efforts on the accessible
Springs Wells Not Specified Overall * groundwater resources rather than the surface
Volume water of the Jordan River System, the opposite bank
Palestinian Jewish Palestinian Jewish Palestinian Jewish Palestinian Jewish
of which was Syria and Jordan. Figure 4.3 shows a
[MCM/y] 313 133 224 440 24 35 561 607
doubling of total water consumption from roughly
% 70 30 34 66 41 59 48 52
600 MCM/y in 1948 to roughly 1,600 MCM/y in
Source: NSU (2008), based on many sources, including Pälastina (1927) and Ruppin (1916). 1967. By far the largest and fastest-growing water
Note: (*) = Following estimated distribution of ‘unspecified’ flows, based on known land use and farming records of consuming sector was that of agriculture.
the period.
479 Water for Jewish Settlements in Southern Palestine. Miscel- Sector. headed by MK David Magen, Jerusalem, Israeli Knes- 489 The Arab’s Plan for Development of Water Resources in the
laneous Correspondence from the Commonwealth Office, set, PCIIWS (2002): 41. Jordan Valley, March 1954, Arab Plan (1954).
including PALCOR Bulltetin of 11 June 1947, UK National Archives 485 Medzini, A., The River Jordan: Frontiers and Water. London, 490 Johnston, E., Johnston Allocation of Jordan River Waters
Commonwealth Office record CO 733/479/5, CO (1947). UK, School of Oriental and African Studies (2001): 66 9/30/55 (‘The Johnston Plan’). U.S. National Archives and
480 Wolf, A. T. Hydrostrategic” Territory in the Jordan Basin: Water, 486 Yarmouk-Jordan Valley Project Appraisal Report, prepared Records Administration, College Park Maryland. NND927340,
War, and Arab-Israeli Peace Negotiations. Water in the Middle by Michael Baker Jr., Inc., Rochester Pennsylvania and Harza declassified 9/30/04, (1955).
East: A Geography of Peace. A. Wolf and H. Amery. Austin, Engineering Company, Chicago, Illinois, USA. Jordan, Coop- 491 Attili S and D Phillips, The Jordan River Basin: 1. Clarification
USA, University of Texas Press, (2000). erative Department, Water Resources Development, Ministry of the Allocations in the Johnston Plan. Water International
481 Hays, J. B., T.V.A on the Jordan - Proposals for Irrigation and of Finance, Government of the Hashemite Kingdom of Jordan, (2007), 31(5): 16 – 38.
Hydro-Electric Development in Palestine. Washington, DC, USA, Baker-Harza (1953). 492 JVL, Modern Israel and the Diaspora. Retrieved 15 December
A Report Prepared Under the Auspices of the Commission on 487 Main, C. T., Inc, The Unified Development of the Water Re- 2006, (2006).
Palestine Surveys, Public Affairs Press, assisted by A.E. Bar- sources of the Jordan Valley Region, prepared at the request 493 US Embassy, Report on Meeting to address response to
rekette, with an introduction by Walter C. Lowdermilk, (1948). of the United Nations under direction of the Tennessee Valley Israeli Security and Water Security Concerns. Tel Aviv, Israel,
482 Allan, J.A., The Middle East Water Question: Hydropolitics and Authority by Chas. T. Main, Inc. Boston, Massachussets, USA US Embassy in Israel telegram to US Department of State,
the Global Economy, London, UK: I.B. Tauris (2001).. (a.k.a. “The Main Plan” or “The Unified Development Plan”), Washington, 26 February 1965 (published by the Jewish Virtual
483 Galnoor, I., Water Policymaking in Israel. Policy Analysis 4(3): (1953). Library as The United States Hears Israeli Concerns on Security
345, (1978). 488 Jordan Valley Agriculture Economic Survey, prepared by UNRWA and Water Rights), (1965).
484 The Parliamentary Committee of Inquiry on the Israeli Water Economic Staff, 1954. Vienna, Austria, UNRWA (1954).
144
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
1967 – 1995 (Dominance) Map 4.20: Well Abstractions in the Table 4.14: Allocations or Consumption
Western Aquifer (2005) of Transboundary Water Resources
There is considerable debate about the role of between Palestine (1967) and Israel
water as a motive for the 1967 war. Sharif el Musa (Palestine 1948), 2003
points out, for instance, that “the fact that Israel Transboundary Water
Allocation or
Consumption (MCM/y)
has benefited enormously from the water it seized
Source Israel Palestine
in 1967 does not necessarily make the “water im-
perative” in this instance plausible. The outcome Surface Water
of the June 1967 war was by no means as certain Jordan River System 1 660 0
at the time as it appears in retrospect, just as the Wadi al Far’a 2 6 6–12
fact that Israel benefited tremendously from cheap Wadi Gaza 3 25 0
Palestinian labour does not suggest that it would sub–total 691 9
have fought a war for it”.494 Other sources suggest
Groundwater
that water and territory were prime motives for
Eastern Aquifer Basin 4 40 68
the war. Bullock & Darwish495 cite Ariel Sharon:
“People generally regard 5 June 1967 as the day North Eastern Aq. Basin 4 103 42
the Six-Day War began. This is the official date. Western Aquifer Basin 4 340 16 - 22
But in reality the Six-Day War started two and a Coastal Aquifer Basin 5 429 135
half years earlier, on the day Israel decided to act sub–total 912 267
against the diversion (initiated by upstream Arab Total 1,603 276
states) of the Jordan”.
Notes:
In any case, the capture of land gave Israel in 1967 1. SUSMAQ 2001b: Table 5.1). This includes all sources
from the Upper Jordan River, but not the return
full control of the entire territory on both shores flows from groundwater into the Lower Jordan
of the Upper Jordan River, the headwaters of the River. Estimates of the amount abstracted by Israel
from the Lake of Tiberias through the NWC vary
Banias River, the west shore of the Lower Jordan from 345 (HSI 2004: 288) to 400 (Markel 2004a) to
River and all four transboundary aquifer basins. 460 MCM/y (Jridi 2002: 24) to 500 MCM/y (UNEP
The effects on future water development and use 2003: 11). The maximum pumping capacity of the
NWC is elsewhere cited as 1.5 MCM/day, or 550
were radical, as “[t]he outcome of the Six–Day war MCM/y (Cohen 2004a). Local use of Tiberias water is
changed both the hydrostrategic relationship of estimated at 70 MCM/y (SUSMAQ 2001b: Table 5.1).
2. Wadi al Far’a is technically not a transboundary
Israel and her neighbours, and the power balance Source: Messerschmidt, C., Till the Last Drop: The resource as it lies completely within the political
between them. …This change in Israeli hydrostra- Palestinian Water Crisis in the West Bank, in: Khatib borders of the West Bank (Map 4.19). An estimated
I et al (ed), Water Values and Rights, Ramallah, 6 MCM/y is captured by Israeli sources inside the
tegic situation and its evident military superiority Palestine: Palestine Academy Press, 2005. closed military zone through the ‘Tirzah Reservoirs’,
effectively prevented the Arab side from challeng- which are observable from Highway 90 in the Jordan
ing Israel’s water plans or use”.496 River Valley (NSU 2005c: 21).
3. (SUSMAQ 2001b: 150). Estimated average annual
those of the Palestinian West Bank inhabitants, flow. This flow in particular is highly variable,
The effects were felt immediately, with some of with settlers paying less for their water from the ranging from 0-100 MCM/y, depending on climatic
the very first Israeli military orders imposed on very same pipelines. As Minister of Agriculture conditions.
4. Official allocation figures from the Oslo II Interim
the Palestinian population pertaining to well- until 1981, Sharon implemented a policy destined Agreement, Article 40 (Oslo II 1995).
drilling restrictions.497 The Civil Administration to weaken Palestinian technical competence 5. Allocations from the Coastal Aquifer were not
of the Israel Defence Forces took over operation within the WBWD, by not hiring Palestinian hy- specified by Oslo II. The figure of 429 MCM/y
is actual Israeli abstraction in 2002/2003 (HSI
of the Jordanian-founded and Palestinian-staffed drogeologists499 and dismantling the Palestinian 2004: VII); the Palestinian figure of 135 is actual
West Bank Water Department. Meanwhile, Israeli well–drilling department. 500 consumption, estimated at 80 MCM/y over the
estimated sustainable yield of the Gazan portion
water consumption climbed steadily during the of the Coastal Aquifer (Almasri 2008).
first half of this ‘domination era’ (Fig. 4.3), as The impact of the restrictions on Palestinian water MCM/y = million cubic metres per year.
Israel continued to find sources to supply the development was (and remains) felt most by the The figures do not include endogenous sources of
freshwater in Israel or Palestine (i.e. the eastward flowing
thirst of the agricultural sector, and its growing farmers who must rely on irregular rains, or on springs arising from the Eastern Aquifer Basin, or the
population (particularly with the waves of Russian villagers with no piped water supply. Water thus Negev aquifer), nor does it consider the ‘new water’
sources such as desalination and wastewater re–use.
immigrants). Israel also found itself responsible to became an occupation-related issue, in much the
meet the water needs of the Palestinians whose same way that the fate of refugees and the status
land it occupied, and began minimal efforts to of Jerusalem became unresolved “issues”. By the marily in Palestinian hands prior to the Nakba,
develop the water sector of the West Bank and time of the Madrid and then Oslo negotiations, the state of Israel in 2009 controls roughly 90%
Gaza. The bulk of efforts in the occupied land the results of de- or under-development of the of the transboundary water resources, as shown
was devoted to the Israeli settlement population, water sector in the West Bank and Gaza and the in Table 4.14. The terms of Article 40 of the 1995
however. In many cases, deals were struck with strong efforts at development on the Israeli side Oslo II Agreement consented to by the Palestinian
the Palestinian village heads to connect them to could hardly be more unbalanced. Israeli laws, Authority has reinforced this very asymmetrical
the water lines being built for settlements. At the regulations or military jeeps ensured complete distribution.
cost of providing water for the Palestinians, the control over all of the transboundary resources
pipeline was thus secured against sabotage while apart from the free-flowing and uncontrollable The asymmetry in water control and use between
consent for the settlement was gained.498 springs in parts of the West Bank. Palestinians and Israelis is evident in many other
ways. The average Israeli uses four times as much
As Map 4.20 shows, Israel had after nearly thirty 1995 onwards (Asymmetric Allocation in the water as the average Palestinian (roughly 320 vs.
years of occupation of the West Bank and Gaza West Bank and Gaza Strip) 70 litres per person daily. 501 In some places such
established a far superior pumping capacity. The The asymmetric allocation and terms of coopera- as the southern West Bank (e.g. around al Tuwaini
sense of injustice grew with the awareness that the tion over transboundary waters that exist until this village), the average Israeli settler uses up to ten
West Bank Water Department (WBWD) served the day were cemented in Article 40 and Schedule 10 times as much as the average Palestinian upon
needs of the Israeli Civil Administration more than of the 1995 Oslo II Agreement. From being pri- whose land the settlement is built – yet pays less
494 El Musa, S. Water Conflict - Economics, Politics, Law and by several authors. Suggested readings on the subject are el in el Musa (1997: 263)).
Palestinian-Israeli Water Resources. Washington DC, USA, Musa (1997: Ch. 4); Messerschmid, C. Till the Last Drop... The 498 Zeitoun, M., Power and Water: The Hidden Politics of the
Institute for Palestine Studies, (1997): 218. Palestinian Water Crisis in the West Bank, Hydrogeology and Palestinian-Israeli Conflict. London, I.B. Tauris, (2008).
495 Bullock, J. and A. Darwish Water Wars: Coming Conflicts in the Hydropolitics of a Regional Conflict. In: Khatib, I., K. Assaf, D. 499 el Musa, S. Water Conflict - Economics, Politics, Law and
Middle East. London, St Dedmundsbury Press, (1993). Clayes and A. Haj Daoud, Water Values and Rights. Ramallah, Palestinian-Israeli Water Resources. Washington DC, USA,
496 Feitelson, E., The Ebb and Flow of Arab-Israeli water conflicts: Palestine: Palestine Academy Press (2005); and COHRE Ruling Institute for Palestine Studies, (1997): 272
are past confrontations likely to resurface? Water Policy 2000(2): Palestine: A History of the Legally Sanctioned Jewish-Israeli 500 Nassereddin, T.,On the History of Cooperation through the
343-363, (2000): 350 Seizure of Land and Housing in Palestine. Geneva, The Centre JWC. Ramallah, West Bank, 5 September 2005, (2005, personal
497 These include, but are not limited to Military Orders 92 (1967); on Housing Rights and Evictions + BADIL Resource Center for communication).
158 (1967); 457 (1974); and 498 (1974). The control exerted by Palestinian Residency & Refugee Rights, (2005).The resultant 501 COHRE, Policies of denial: Lack of access to water in the West
Israel over water resources in the occupied Palestinian ter- legal environment was one of “legal dualism”, with one system of Bank. Geneva, The Centre on Housing Rights and Evictions,
ritories through legal means has been explored in great depth law for Israeli settlers and one for Palestinians (Eyal Benvenisti, (2008b).
145
P a r t I : G e n e r a l R e v i e w
than one tenth the cost (US$0.85 (3.5 NIS) per m3 have increased between 1996 and 2002 (and there Law.513 The logic of the proposed resolution is com-
(or less) for piped water supplied by Israel to the is debate about this), average per capita consump- pelling, for drawing on the opportunities afforded
settlement vs. US$8.50 (35 NIS) per m3 (or more) for tion during the same period has dropped 507; over by increased desalination to reduce tensions over
water delivered by tanker truck to Palestinians.502 200,000 people in over 100 communities remain freshwater. The proposed resolution further relies,
Furthermore, while the agricultural sector in both unconnected to networks 508 ; and the quality of however, on the establishment of a truly independ-
societies consumes 50 to 70% of all water, this sec- water continues to decrease, particularly in Gaza. ent Palestinian state throughout the West Bank
tor is of marginal economic significance in Israel The crisis of water quality in Gaza, in fact, is clear and Gaza. The official Israeli position is against
(1.5 – 2% of GDP)503 , but crucial to the Palestinian and present – with nitrate, chloride and saline lev- re-distribution, furthermore, ensuring that logic
economy (20 – 30% of GDP). els two to three times higher than WHO drinking and conflict resolution take a back seat to asym-
water guidelines in 90% of the wells. 509 metry of power. As predicted, the most recent set
From Dominance to Hegemony (Oslo and After) of failed negotiations (the 2008 ‘Annapolis’ round
The Oslo II Agreement formally recognised The failure to convert the interim Oslo agree- and subsequent efforts to revive the same) saw little
Palestinian water rights in the West Bank – though ment into a permanent resolution of the conflict to no compromise or progress on resolution of the
these were never quantified (not to mention im- has ensured the Palestinians and the PWA will conflict. The mode of control has in the meantime
plemented), and did not extend to Gaza. Oslo II endure the triple burden for some time yet to has begun to shift back to dominance.
also spawned two institutions: the Palestinian come. Palestinian water professionals attempting
Water Authority and the Joint Water Committee. to implement good water resource management Many of the problems currently faced in the water
The creation of a formally equal Palestinian coun- practice over a geography still very much control- sector would in any case not disappear even with
terpart in effect temporarily shifted the form of led by Israel have been routinely frustrated by the resolution of the water conflict according to in-
Israel’s control over the resources from one of skewed licensing procedure of the Joint Water ternational law. Looking back on Figure 4.21, one
domination to one of hegemony. Committee. After years of frustrated efforts and is struck by the variety of water resources in this
projects blocked by its coercive modus operandi tiny land, and of the number of artificial political
The first significant Palestinian attempts at ‘na- (what Selby510 (2003) refers to as “domination borders that cross them. The water resources are
tional’ development of the water sector started dressed up as cooperation”), the JWC is becoming common to all of the land’s inhabitants, con-
with the Palestinian Water Authority (PWA) in increasingly discredited. 511 nected underground in a complex manner that
1995. The nascent institution inherited a triple will likely thwart attempts to manage them jointly
burden: the responsibility to meet the water Meanwhile, development in the Israeli water sector or independently. As the need for water is also
needs of over three million Palestinian citizens has shifted somewhat. Freshwater consumption common amongst all residents of Palestine 1948,
starting from a highly asymmetric allocation; has levelled-off (Figure 4.3), while new demand is the most logical basis for resolution of the conflict
the development of a severely under-developed met through increasing re-use of treated wastewa- and management of the resource is from within
water sector; and very constrained operating ter. The second-largest desalination plant in the a supra-national water authority, or – preferrably
conditions due to occupation-related movement world was built in 2005 in Ashqelon, setting-off – single political entity where discrimination has
restrictions. The PWA nonetheless attempted plans to build several more up to a design capacity been eliminated.
to embark upon its own ‘hydraulic mission’, in of 500 MCM/y by 2012. 512 An environmentally
a bid to emulate the rapid development of the and financially costly option, desalination plants Agriculture
Israeli sector after 1948. The PWA immediately at least permit (in theory) an opening on resolu-
took a very strongly centralised and top-down tion of the conflict by mitigating the competing With the establishment of Israel on 78% of
approach to management, putting it at odds with demands over freshwater resources. Palestine soil, agriculture, the mainstay of the
the traditional management structures set up by Palestinian people, underwent dramatic changes,
communities themselves (as in Jericho)504 or with The Future not always beneficial.
the strong and effective municipal water engineer- There is little doubt that the welfare of Palestinians
ing departments (particularly those of Gaza City, will continue in the future to be linked with water During the British Mandate, the cultivated area
Nablus, Ramallah and Hebron). availability. The farming tradition will retain its in Palestine was 5,910,205 donums of which
importance in Palestinian life, while efforts to 93% (5,484,750 d.) was Palestinian and the rest
PWA reports claim that its accomplishments properly manage the resource take on an increasing (425,455 d. Jewish.514 By measurement of Map
from the nearly USD one billion it has invested urgency due to growing populations and the ex- 2.2, the total cultivable land in Palestine is about
between 1996 and 2002 include: the founding pected effects of climate change. Under the current 13,700,000 donums of which 87% is high culti-
and development of the PWA as an institution; a governance arrangements in the West Bank and vation. The portion of this area which fell under
30 per cent increase in total water production; a Gaza, the professionals of the Palestinian water Israel is 60% or 8,000,000 d.
5–20 per cent reduction of losses in networks; and sector will likely continue to shoulder the burdens
a general increase in water-network coverage. 505 of a highly inequitable distribution of freshwater Almost all of the Jewish land came under Israel.
The PWA may further point to the public acclaim flows and restrictive development context, while With the expulsion of the Palestinians, mostly
it has received for what many outsiders regard as retaining responsibility for providing for the needs farmers, Israel was not able to absorb their cul-
exemplary cooperation amongst former enemies, of its citizens. tivated land. In al Nakba year, Israel cultivated
through the Joint Water Committee. 506 only 1,600,000 d. of which 955,000 d. were field
The official Palestinian proposal for resolution of crops.515 This total has increased by absorbing
Actual accomplishments in the Palestinian water the water conflict is a re-distribution of all trans- Palestinian land to a max. of 4,300,000 d. in 1977
sector are somewhat less rosy than their portrayal, boundary flows according to the ‘equitable and and remained constant till 1995, when it started
however. Though total water production might reasonable use’ principle of International Water to drop again to 2,850,000 d. (2006).516
502 Oxfam, Forgotton Villages: Struggling to survive under closure tional Relations of the US Congress House of Representatives 510 Selby, J., Dressing up Domination as ‘Co-operation’: The Case
in the West Bank. Oxfam Briefing Paper No. 28. Oxford, UK, on 05 May 2004, Water Scarcity in the Middle East - Regional of Israeli-Palestinian Water Relations.”Review of International
Oxfam International, (2003). Cooperation as a Mechanism Towards Peace. Washington, DC, Studies 29(1): 121-138, (2003).
503 Shuval, H., A Proposal for an Equitable Reallocation of the USA, Shamir, U. (2004). 511 An Audit of Operations and Projects in the Water Sector in Pal-
Shared Resources Between Israelis and Palestinians and Other 507 Attili, S. and D. Phillips, Israel and Palestine: Legal and Policy estine: The Strategic Refocusing of Water Sector Infrastructure
Riparians on the Jordan River Basin. Presentation given by Mac Aspects of the Current and Future Joint Management of the in Palestine. Ramallah, Report prepared for the PWA by Audit
McKee on behalf of Hillel Shuval to the Palestine Academy for Shared Water Resources, Ramallah, West Bank, Negotiations Environmental, funded by the Norwegian Representative Office
Science and Technology Water, Values and Rights Conference Support Unit, Negotiations Affairs Department, Palestine in Palestine, 18 November 2008, AE (2008).; West Bank and
2-4 May 2005, Ramallah, West Bank, (2005). Liberation Organisation, (2004). Gaza: Assessment of Restrictions on Palestinian Water Sector
504 Trottier, J., Hydropolitics in the West Bank and Gaza Strip. 508 B’tselem, Not Even a Drop: The Water Crisis in Palestinian Vil- Development Sector Note April 2009. Middle East and North
Jerusalem, PASSIA - Palestinian Academic Society for the lages Without a Water Network - Information Sheet. Jerusalem, Africa Region - Sustainable Development. Report No. 47657-
Study of International Affairs, (1999). B’tselem - The Israeli Information Center for Human Rights in GZ Washington, The International Bank for Reconstruction and
505 Water Projects Status and Donations in the Northern and the Occupied Territories, (2001). Development, World Bank (2009)..
Southern Governorates. Ramallah, West Bank, Palestinian 509 Madhoun, F., Health Effects due to Poor Wastewater Treat- 512 Sanders, R., Water desalting and the Middle East peace process.
Water Authority, December 2003, PWA (2003). ments in the Gaza Strip. Water for Life in the Middle East: 2nd Technology in Society 31(2009): 94 – 99, (2009).
506 Development of Utilisation and Status of Water Resources in Israeli-Palestinian International Conference, Antalya, Turkey, 513 Convention on the Law of the Non-navigational Uses of In-
Israel (Annual Hydrological Report) 2003. (Hebrew), Jerusalem, 20-12 October 2004, Israel/Palestine Center for Research and ternational Watercourses, United Nations International Law
Hydrological Service of Israel, HSI (2004).; Joint Declaration for Information, al Farra, A. (2005).; Drinking Water Quality: Evalu- Commission, UN ILC (1997).
Keeping the Water Infrastructure out of the Cycle of Violence. ation of Chloride and Nitrate Concentration of Well Supplies in 514 SOP supra note 3, Vol. I Table 4, p. 323.
Dated 31 January 2001, Erez Crossing, Gaza, (Message from the Gaza Governorates (1990-2002) - Palestine. Water for Life in 515 Israel CBS, Statistical Abstracts No 59, 2008, Table 19.1.
the Joint Water Committee communicated by the Israeli Prime the Middle East: 2nd Israeli-Palestinian International Conference, 516 Ibid.
Minister’s Media Advisor, Israel Ministry of Foreign Affairs Antalya, Turkey, 20-12 October 2004, Israel/Palestine Center
Cabinet Secretariat); Testimony to the Committee on Interna- for Research and Information, (2005).
146
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
In 1970/71, the Jewish cultivated land was 3,387,000 members.526 There are other activities related to which took place in 1948/1949, as the preced-
d. inclusive of expropriated refugees’ land, while the agriculture such as forests, animal husbandry and ing pages illustrate. Since 1948, this continuous
cultivated area by the remaining Palestinians was light industries. The skilled Jewish workers in this ethnic cleansing took a variety of forms but the
773,000 d.517 The latter was the source of much field are 26,000 (2007), which is 1% of the total principle remained the same thereafter: confiscat-
output for Israel’s economy (see Peretz, Section labour force of 2,682,000.527 This small number ing the property of and displacing the inhabitants
4.3. Arabs producing most produce), in spite of may be attributed to higher production efficiency. in Galilee, Negev and the West Bank, particularly
Israel’s denial of equal water rights of Palestinian However, foreign labour was imported and out of Jerusalem, and killing masses of civilians in refu-
with Jews. In the above figures of cultivated lands, some 350,000 non-Jewish foreigners in Israel, gee camps.
37.9% of Jewish cultivated land and only 6.9% of 27,500 foreign workers are engaged in agriculture.528
Palestinian land were irrigated.518 It was inconceivable according to Zionist doctrine In spite of their military might, the Israelis did not
to employ non-Jewish labour working the land win the long term battle. In spite of their military
With increased cultivation, the field crop area before 1967. Ironically, out of the classified “foreign” weakness, the Palestinians did not lose every-
within the total rose from 955,000 (1948) to about agricultural workers, there are 3,600 Palestinian thing. They are still in and around Palestine. They
2,500,000 d. within the first 10 years after al Nakba workers who are probably working on their own multiplied 7 times, to about 11 million people, while
and remained between 2.0 and 2.5 million in the land as hired workers. (The figure was much larger Israelis increased 10 times, by natural increase but
period 1960-2000, then it dropped to 1,400,000 d. before the erection of the Apartheid Wall.) mostly by immigration, to about half the number
(2006).519 This dramatic change was accompanied of Palestinians. It should be clear by now, if any
by the increase in the irrigated area and a change in As Zeitoun shows (Fig. 4.3), the amount of water proof was needed, that the gun is not a lasting
the type of cultivation. Crop cultivation has dropped used for irrigation is very high. This consumption replacement of justice.
to half its highest value in 1976. is over 80% of total consumption, or 1,400 mcm/
year. It dropped in drought years, 1984-1986 and The creeping expropriation of the West Bank and
Citrus plantation, the pride of Palestine by the name 1989-1991, to about 1,000 mcm/year, or 56% of confining its population into isolated areas, not
of Jaffa oranges, has also changed. In pre-1948 total consumption. This water is used to irrigate to mention the siege and destruction of Gaza,
Palestine, Citrus plantation area was 293,000 d. 46% (1999), up to 54% (1984) of total cultivated underline the obvious conclusion: this situation
(266,000 d. net due to uprooting in WWII) of which land. The irrigated land varies from 1,500,000 d. cannot go on. The price to pay for restoring peace
54% was Arab. In 1948/49, many of the pipes, to 1,100,000 d. (8-5% of Israel’s area). By contrast, gets higher by the day. If there is one component
pumps and irrigation equipment were looted by industrial consumption is almost constant at less of this long conflict which sums it up, it is the
the nearby Kibbutz. After the Israelis conquered than 100 mcm/year. Domestic consumption is of expulsion of Palestinians from their homes and
the Jaffa environs in 1948, “the overwhelming ma- course proportional to population; it has increased the denial of their right to return home. With the
jority of the 150,000 donums of [Arab] citrus trees considerably to about 600 mcm/year after the implementation of the Right of Return, all other
remained unattended…. Roughly one-fifth of the influx of Russian immigrants. As noted earlier, the issues become redundant or marginal.
abandoned citrus groves in the whole country were Jewish Israeli consumption is much higher than the
still being cultivated.”520 While Israelis were able to Palestinian consumption and much of the water As this Atlas deals with facts about the land and
cultivate only 125,000 d. thereafter, they increased consumed by Israel is diverted from Palestinian people of Palestine, it is perhaps appropriate
this amount in 25 years to a max of 425,000 d. (1975) and Arab sources. to employ these facts to propose a solution.
and now it is only 161,000 d. (2004), of which only Fabricating myths will not help; in the long run,
52,000 d. are oranges.521 The Israelis earmarked So much water is therefore used to irrigate a small they will invariably be exposed, as many already
large tracts of the groves for housing construction. area. The contribution of agriculture from any land, did. Zionists needed to fabricate myths because
Citrus groves, which produced 950,000 tons in whether irrigated or not, or from any agricultural they do not have legitimate tools. Serious historical
1975, deteriorated to the extent that only 340,000 product, is only 1.8% of Israel’s GDP.529 The vast research based on released Israeli files531 showed
tons were produced in 1997 and 250,000 tons in confiscated Palestinian land is used, as indicated that these claims are myths at the core. This rev-
the drought year of 1991.522 earlier, for military war machine, also as a strategic elation about the Israeli claims, which received
reserve and a barrier against the return of refugees widespread attention in the West, was no revela-
This drop in citrus plantation was compensated by to their homes. tion for the Palestinian refugees. Their oral history
a modest increase in flowers cultivation (52,000 d. since 1948 described graphically the dimensions
in 1999), Aquaculture (33,000 in 1999), miscellane- Thus, Israel’s confiscation of land and water brought of the ethnic cleansing, which echo almost every
ous items (820,000 d.) and by a tenfold increase in to itself meagre economic return, but it also brought paragraph of the revealed Israeli files. That it took
vegetables to about 720,000 d. (2006) from only war and conflict to the whole region by denying the 50 years for the West to reach this conclusion is
70,000 d. in 1948. right of rightful owners to repossess their property a testimony to the power of “orientalism” and the
and resources. Zionist public relations. It is therefore possible to
The cultivated field crops area in the 3 main regional state that the central component of peace that
councils of Beer Sheba district in Israel amounts to is yet to come is reversing ethnic cleansing and
193,500 d.523 (This is to be compared with 2,000,000 implementing the right of every human being to
to 3,500,000 d., depending on rainfall, cultivated 4.8 The Return Plan return to his home.
by Palestinians before 1948.) The area reserved
now for agriculture in Beer Sheba district, whose The Balfour Declaration of November 2, 1917 was The legitimacy of the Right of Return is en-
area is 13,171,000 d., is only 1,211,000 d. (2002) or the opening of the longest war against a people, trenched in international law. It is affirmed by the
9.2%.524 But the cultivated area is only 279,400 d. 92 years so far. In the words of the noted Israeli Universal Declaration of Human Rights (UDHR),
(2%) of which 208,600 d. are field crops.525 This historian, Avi Shlaim, “the Balfour Declaration the International Covenant on Civil and Political
includes cultivation by the remaining Palestinians was one of the worst mistakes in British foreign Rights, other similar regional covenants and the
in the district. The claim that Israel made the desert policy in the first half of the 20th century. It involved International Convention on the Elimination of all
bloom is far from being substantiated. In fact the monumental injustice to the Palestine Arabs and Forms of Racial Discrimination. UN Resolution
cultivated area has diminished. sowed the seeds of never-ending conflict in the 194, passed one day after UDHR, calling for the
Middle East”.530 return of the Palestinian Refugees, was affirmed by
The Jews who earn livelihood from agriculture are the international community over 100 times, more
shrinking in number as well. All workers in agricul- This mistake turned into the largest, planned and than any other resolution in the UN history. Law
ture are 72,500 of which only 8,600 are Kibbutz continuous ethnic cleansing in recent history, experts and jurists have already elucidated this
517 Jiryis, Sabri, The Arabs in Israel, New York: Monthly Review Vol. 3, No. 2, 2000, pp. 97-112, p. 105. 529 Central Intelligence Agency, The World Fact Book, 2000
Press, 1976, Table 16. 523 Israel CBS, supra note 478, Table 19.4. 530 Shlaim, Avi, Lion of Jordan: The Life of King Hussein in War and
518 Ibid. 524 Israel CBS, supra note 478, Table 1.2, 2002 data. Peace, London: Allen Lane (Penguin Books), 2007, p.8.
519 Israel CBS, Statistical Abstracts No 59, 2008, Table 19.1. 525 Israel CBS, supra note 478, Table 19.3, 2004 data. It is to be 531 The Israeli narrative still propagates these myths but it is in-
520 Meron Benvenisti, Sacred Landscape, supra note 232, pp. noted that CBS figures for various chapters do not always creasingly shown to be false by a growing body of scholarship.
164-65. match. See, for example, Pappe, Ilan, The Making of the Arab-Israeli
521 CBS supra note 478,Tables 19.1, 19.2. 526 Israel CBS No. 50, 1999 Table 13.1. Conflict, 1947-1951, I.B.Tauris, London and New York, 1992
522 Beaumont, Peter, Water for Peace in the Middle East: The Sacri- 527 Israel CBS No. 59, 2008, Table 12.19. and Pappe, Ilan, The Ethnic Cleansing of Palestine, Oxford:
fice of Irrigated Agriculture in Israel, the Arab World Geographer 528 Israel CBS No. 59, 2008, Table 12.34. One World, 2006.
147
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Map 4.21: Vacant Sites of Depopulated Villages Table 4.15: Phases of Rural Repatriation
Syria+Lebanon: Registered
1 499,403
Villagers
2 Gaza: Registered Villagers 686,670
3 West Bank: Registered Villagrs 378,037
4 Jordan: Registered Villagers 1,134,116
Cities: G2 All+UnRegistered
5 540,898
Villagers
6 Cities: G1 Registered 653,245
7 Cities: G1 UnRegistered 907,804
Total 4,800,173
1. The Land
As this Atlas shows, Palestine is a well-docu-
mented country. During the Mandate, the Jewish
and Arab Palestinian land ownership is well-
established. The United Nations Conciliation
Commission for Palestine (UNCCP) holds 453,000
records of Palestinian property owners. Although
these records are far from complete, they provide
a useful source of information. As stated in Section
2.9, The Arab Palestinian ownership in Palestine
is best defined by subtracting, from the area of
Palestine, the land acquired by Jewish immigrants
which was recorded reliably by the Mandate
authorities, and which excludes fraud and illegal
land transfer claimed over and above government
figures. The rest is Palestinian land.
532 See for example: Boling, Gail, The Right of Return, Badil Is- and S. Mallison, The Right to Return, 9 Journal of Palestine (1986); Kathleen Lawand, The Right of Return of Palestinians
sue No. 8, Jan 2001, www.badil.org; John Quigley, Displaced Studies 125 (1980); W.T Mallison & S. Mallison, An Interna- in International Law, International Journal of Refugee Law, Vol.
Palestinians and a Right of Return, Harvard international tional Law Analysis of the major United Nationals Resolutions 8, No. 4 (October 1996) 532. See also analysis of Paragraph
Law Journal, Vol. 39, No. 1 (Winter 1998) 171; John Quigley, Concerning the Palestine question U.N. Doc. ST/SG/SER.F/4, 11 of the General Assembly Resolution of 11 December 1948,
Mass Displacement and the Individual Right of Return. British U.N Sales # E.79.1.19 (1979); W. T. Mallison & S. Mallison, The Working Paper Prepared by the U.N. Secretariat, U.N. Doc. A/
Yearbook of International Law, Vol. 68 (1997) 65; W.T. Mallison Palestine Problem in International Law and world order 174-188 AC.25/W.45, 15 May 1950.
148
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Map 4.22: Land Use of the Southern Region Map 4.23: Villages of Origin for Jabaliya
Camp
To explain further, we select a region which has More importantly, it is possible to reconstruct
been subject to considerable changes since their return from exile camps to their villages of
1948. The region is bounded by the Jaffa-Tel Aviv- origin. Take the case of Jabaliya Camp, the largest
Jerusalem highway in the north and Gaza Strip in in Gaza Strip, which was pulverised by F16s and
the south. Map 4.22 shows this region and the Israeli tanks, killing many women and children in
depopulated Palestinian villages with their land the December 2008 – January 2009 Israeli assault.
boundaries. All these villages, except two, were The original villages of those people who took covered over a thousand now-Israeli towns and
ethnically cleansed and expelled southward to refuge in Jabaliya Camp, Their hamulas (extended villages. But less than 50 of them have a sizeable
Gaza Strip and eastward to the West Bank and families), even their individual names are known.534 population. The rest are colonies: Kibbutzim and
Jordan. The Israelis started to expand urban See Map 4.23. As we have no problem in identi- Moshavim, each with a population of 50-500
development radiating from Tel Aviv and West fying the home-exile locations, we can plan the people.
Jerusalem to accommodate new immigrants. refugees’ return in 7 phases, each phase about
The JNF confiscated much of the Palestinian half a million, or about the expelled population of At the same time, we examined the Palestinian
land and allocated it to Kibbutz colonies whose one average district. See Table 4.15. population of 675 ethnically cleansed towns and
total population is 1-2% of Jewish population in villages. We traced their home villages and their
Israel. Map 4.22 also shows that most sites of What would the returning refugees find in their exile camps using the records of UNRWA. 536
depopulated villages are still vacant, contrary to home district? We classified the present occu- Accordingly, it was possible to estimate the exist-
Israeli claims. pants into 5 categories: ing and returning population.
1. Palestinians who managed to remain at
Who then uses most Palestinian land? Israel’s war home. Taking the northern district, where a sizeable
machine is located there, in addition to the coastal 2. Ashkenazis who conquered the country in percentage of population is still Palestinian, Map
strip. The area holds military bases, factories, 1948. 4.24 shows both the present population and the
training grounds, missile bases, WMD, and other 3. Jews from Arab countries who were brought returning Palestinians. There does not seem to
military sites contained in the so-called Closed in the 1950’s to fill the void after the expulsion be a problem of over lapping or crowding. About
Zones (both are shown). The density of these sites of Palestinians. 800,000 refugees can return to live in their homes
is unparalleled in any other country. Otherwise, 4. Russians who immigrated en masse for about with their kith and kin, who already comprise half
as Table 4.12 has shown 533 , the refugees’ land is 5 years, starting from 1989, after the demise of the existing population. The trip is only a bus
still sparsely populated leading to the conclusion of the Soviet Union. ride away.
that refugees can return to their homes without 5. Assorted European and American Jews who
much obstruction. came intermittently, particularly after the 1967 We can repeat the same exercise in the Southern
occupation of the West Bank, Gaza and the District, which is actually much less of a problem.
2. The People Golan. Map 4.25 shows the existing population classified
Of about 11 million Palestinians, two-thirds are as in the Northern District. With the exception
refugees since 1948, and, if we include those This classification is not accurate but it shows of 3 originally Palestinian towns, now inhabited
displaced in 1967, three quarters are not living in major trends in filling the places from which and expanded by Jews, and some other small
their homes. From the records of the registered Palestinians were evacuated. The classification “development” towns, all the rural Jews in this
refugees with UNRWA, we are able to locate the was extracted from data based on the immigra- area (73,000) hardly fill one refugee camp in
camps of exile for each village. Two examples are tion year535 and on the geographical distribution Gaza. The existing population and the returning
already given in Maps 4.4 and 4.5. and placement of new immigrants. This study refugees are almost the same number, 800,000
533 Two hundred and fifty Israeli and foreign experts met over Vol.2, p. 188, Table 12.1. 536 Registered refugees represent only 75% of all refugees. Others
several months to examine Israel’s future by 2020. The result 534 See generally, www.unrwa.org. UNRWA Registry gives detailed did not register in 1949-50 because registration was based on
was 18 volumes of analysis. See, Adam Mazor, Israel Plan 2020, information about every refugee. need for food and shelter which they did not require as they
Haifa: The Technion, 1997. Translated into Arabic by the Centre 535 See Annual Statistical Abstracts, Central Bureau of Statistics, had their own resources.
for Arab Unity Studies, Beirut, 2004. Table 4.12 is adapted from Israel.
149
P a r t I : G e n e r a l R e v i e w
Map 4.24: Return to Northern District Map 4.25: Return to Southern District
quarters in Haifa, Jaffa, Lydda and Ramle were Group 1 3 Haifa 190,615.00 447,364.00 424,664.00 22,700.00
also destroyed. The question arises: Can the mu- Group 1 4 Lydda 99,118.00 119,392.00 103,992.00 15,400.00
tilated cities receive their former inhabitants? Group 1 5 Ramle 72,581.00 107,994.00 96,594.00 11,400.00
Group 1 6 Acre 33,271.00 87,692.00 74,692.00 13,000.00
Table 4.16 shows the repatriation plan for the
Group 2 7 Safad 45,242.00 67,888.00 67,888.00
cities. It will be noted that 6 cities (Group 1) were
Group 2 8 Tiberias 19,863.00 37,826.00 37,826.00
mixed with Arab majority, now with Arab minor-
ity, 6 cities (Group 2) were completely ethnically Group 2 9 Baysan 28,656.00 36,900.00 36,900.00
cleansed of Arabs and 2 cities (Group 3) remained Group 2 10 Beersheba 35,076.00 39,679.00 36,179.00 3,500.00
Arab. The expelled population from cities gener- Group 2 11 Al Majdal (Ashqelon) 50,626.00 70,595.00 70,595.00
ally have good education, social contacts and Group 2 12 Isdud 24,682.00 32,911.00 32,911.00
business connections. They have not registered Group 3 13 Nazareth 9,154.00 62,600.00
as refugees with UNRWA in 1950 as they did not
Group 3 14 Shafa Amr 4,181.00 26,800.00
need food assistance or were too proud to receive
Sums Group 1 674,493.00 1,662,797.00 1,582,297.00 80,500.00
it. Their return will be easier to accommodate than
the absorption of Jewish immigrants in the past Sums Group 2 204,145.00 285,800.00 282,300.00 3,500.00
6 decades. Jewish population in urban localities Sums Group 1+2+3 891,973.00 1,948,597.00 1,864,597.00 173,400.00
increased ten times from 1948 to 2005, within the Sums Group 1-Jerusalem 570,440.00 1,234,810.00 1,154,310.00 80,500.00
depopulated cities under consideration. Proper
use of space, high rise buildings and efficient Notes: Of the 14 Palestinian cities occupied by Israel, 2 remained Arab, 6 (G2) were almost totally Arab, now totally
Jewish populated, 6 (G1) were mixed with Arab majority, now still mixed but with Jewish majority. Return to G2 is
municipal services made the absorption of such feasible. Return to G1 is possible, except Jaffa and Jerusalem which need a special plan. Data for 1998.
large numbers of Jewish immigrants possible.
Returning Palestinian home owners in these cit-
ies are less than one third of the present Jewish (2) the town planning limit during the Mandate, does not seem to be a problem of expansion to
occupants and would therefore be similarly ac- (3) the Israeli built-up area and (4) the Palestinian absorb the returning original owners/inhabitants
commodated. built-up area, virtually increased seven times to of the cities.
show the possible limits of accommodating the
Map 4.26 shows suggestions for the repatriation returning Palestinians. The latter area is outlined The housing of the returning refugees is also
of Palestinians in 10 cities. This map shows three such that it does not conflict with the existing not a problem. We made a study and found that
situations: (1) the built-up area during the Mandate, built-up area. Without going into much detail, there rebuilding their destroyed homes, less than one
150
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
151
P a r t I : G e n e r a l R e v i e w
Fig 4.4: Population Projection aims to keep around 5 million Jews in the US and
Western Europe – their presence there is much
more beneficial to Israel.543 That means a maxi-
mum of 8 million Jews are potential residents or
immigrants to Israel, shown by thick horizontal
black line. Therefore, the Palestinians will un-
doubtedly be the majority in some year and/or in
a certain region of Palestine. That is the reason
for the new Israeli demand that Israel is recog-
nized by Palestinians as a “Jewish state”. This is
contrary to the Israeli declaration of independ-
ence itself which relies for its legitimacy on the
UN Partition Plan resolution (181). This resolution
never envisaged a purely ethnic or religious state,
nor could it ever do that. The slogan “Jewish state”
is therefore meant to deny the right of refugees
to return to their homes and to provide a license
for Israel to expel its own Palestinian citizens
when desired.544
3. The Law
537 Abu Sitta, Salman, From Refugees to Citizens at Home, London: society without fear of censorship or condemnation. forthcoming publication.
Palestine Return Centre, 2001. 543 Adam Mazor, Israel Plan 2020, Haifa: Technion, Israel, 1997, 546 In May 1949, Israel signed Lausanne Protocol affirming its
538 See Section2 Population in Israel CBS 57 (2006). Vol. 6, Projections of World Jewry. compliance with the Partition Resolution (181) and the return of
539 Ian S. Lustick, “Abandoning the Iron Wall: Israel and the Middle 544 Cook, Jonathan, Disappearing Palestine: Israel’s Experiments the refugees’ resolution (194). That was under pressure from the
East Muck”, Middle East Policy, Vol. XV, No.3, Fall 2008. in Human Despair, London: Zed Books, 2008. See also various US, or else its UN membership in the UN will not be supported.
540 Franklin Lamb, Fearing One-State Solution, Dissident Voices, press releases: www.adalah.org. Two days after Israel’s admission to the UN, Israel reneged on
19 February 2009. 545 For examination of the legal background, see: W.T. Mallison and its compliance with the two resolutions. See, Pappe, Ilan, The
541 Israel CBS No. 57 (2006) Table 4.1 S.V. Mallison, The Palestine Problem in International Law and Making of the Arab-Israeli Conflict, 1947-1951, I.B.Tauris, London
542 Netanyahu expressed this view in Herzliya conference in World Order, Longman, Essex, England. 1986; John Quigley, and New York, 1992.
December 2004. The extremist Avigdor Liebermann publicly Palestine and Israel: A Challenge to Justice, Durham University 547 See such cases in: www.badil.org/Solutions/restitutuion.htm.
advocates the expulsion of Palestinian citizens of Israel. The Press, Durham, 1990; Susan Akram, The Palestinian Right
debate about this issue is common in many sectors of the Israeli of Return in the Context of the One and Two State Solution,
152
C h a p t e r 4 : T h e A f t e r m a t h : T h e D e s t r u c t i o n o f P a l e s t i n e
Fig 4.5: Restoring Landscape The resolution entitles the refugees to return to
their original homes, not to any other location even
within Palestine, and in addition, to compensa-
tion for material and psychological damages and
losses, including loss of revenue, in accordance
with international law and legal precedents. Table
4.9 has already given an overall estimate of the
known value of Palestinian assets and damages.
Compensation is due for all these items except
for land property which must be repossessed.
War Crimes shall be dealt with by the International
Criminal Court, created by the Statute of Rome of
July 1998. Failing a Security Council resolution, due
to US veto, it is possible to convene the General
Assembly under “United for Peace” formula, which
has the same weight. After the implementation of
the Right of Return, compensation procedure may
be established as a separate but a subsequent
step. Compensation cannot be a substitute for
return. Homeland is not for sale.
548 For more discussion on international action, see Terry Rempel, property. UN Mission in Kosovo, 13 October 1999. For applica- mendations for Durable Solutions for Palestinian Refugees:
“Principles, Obstacles and Mechanisms for Durable solution tion of repatriation see: Returning Home: Housing and Property A Challenge to the Oslo Framework”,. Palestine Year book of
for Palestinian Refugees”, Palestinian Return Migration, Shaml Restitution Rights of Refugees and Displaced Persons. Leckie International Law, to be published.
Seminar, June 2001, prepared by Badil Resource Centre, Beth- Scott (ed.). New York: Transnational Publishers Inc., 2003; 550 Chapter 2 of Resolution 181, entitled “Religious and Minor-
lehem, Palestine. See also Marcus Cox, “The Right to Return Paul Prettitore, The Right to Housing and Property Restitution ity Rights”, guarantees the freedom of worship and prohibits
Home: International Invention and Ethnic Cleansing in Bosnia in Bosnia and Herzegovina: A Case Study. Working Paper No. discrimination on grounds of race, religion, language or sex. It
& Herzegovina,” 47 International & Comparative Law Quarterly, 1. Bethlehem: BADIL Resource Center for Palestinian Resi- ensures equal protection of the law and respects family law and
610 and 614 (July 1998). Also see, Catherine Phuong, “At the dency & Refugee Rights (April 2003); Madeline Garlick, The UN personal status. It ensures adequate primary and secondary
Heart of the Return of the Return Process: Solving the Property Peace Plan for Cyprus: Property, Displacement and Proposed education in the citizen’s language and cultural traditions. It
Issues in Bosnia and Herzegovina, “Forced Migration Review Solutions”, Geneva Seminar, Badil, Ramallah, 2003; Monty J. prohibits expropriation of land and property except for public
7 (April 2000). See, for example, Concluding Observations on Roodt, Land Restitution in South Africa, Geneva Seminar, Badil, purposes and after full compensation. Chapter 3 stipulates
Croatia, CERD/C/304/Add.55, 10 February 1999; CERD, Con- Ramallah, 2003, p. 67. that the citizens of the state, regardless of their race, creed or
cluding g Observations on Bosnia and Herzegovina, A/48/18, 549 For a detailed study showing that the exclusion of Palestinian sex, have the right to vote in the elections to the Constituent
15 September 1993. Regulation No. 10. 1999/10 on the repeal from UNHCR Covenant (Clause ID) does in fact heighten their Assembly.
of discriminatory legislation affecting housing and rights in protection, see Susan Akram and Terry Rempel. “Recom- 551 See supra note 495, Quigley, “Mass Displacement”, p. 108.
153
P a r t I : G e n e r a l R e v i e w
When the rights are restored and racism is abol- Its master plan for the year 2020, may be earlier, tion as both unnecessary and dangerous. The
ished, there is of course a lot of work to do on envisages a GDP of $220 billion, more than double funds now poured into destructive weapons and
the landscape. Sixty years of wars, occupation, the present. To do that, Israel needs a workforce military hardware (highest percentage of GDP in
war crimes, destruction and suffering cannot of 3,200,000, of which only a tiny minority are the world) could be put into development projects.
be wiped out easily. The first task is to clean up employed in agriculture (2% or 70,000), almost the The US and Europe must cease, in dealing with
Palestine. We have to restore Palestine, which is same number as of today. Its growth is envisaged the Middle East, to base their policies on lobby
now concreted, polluted and ravaged, to normal in areas other than agriculture, such as industry groups and political expediency. Europe must
life. See Fig. 4.5. Private and public property and infrastructure. The booming high-tech indus- cease to pay for its guilt in the Second World War
of Palestinians should be recovered. Religious, try in Israel is part of the globalization process. by Palestinian lives and blood.
archaeological and cultural sites should be Almost half of Israel high-tech companies are
restored. 552 Concrete jungle must be cleared registered in the US. They could be anywhere, The outlined plan may look like a pipedream at
up and landscape restored. Also, land, air and in an industrial park in Haifa or on an aircraft the present. But over 92 years, all forced actions,
water, which have been greatly polluted by the carrier. Globalized high-tech is non-territorial. It even though they succeeded in materializing, did
Zionist mad rush to build and destroy, must be does not contradict in any way with the return of not strike root and created a vast scene of blood
cleaned up. 553 In Palestine we must provide a the refugees. and destruction. They did not gain acceptance,
clean environment and a liveable county for mil- resignation or a state of tranquillity and never
lions of people. It is clear that the ambitious Israeli master plan will. Law, history, geography and human spirit
of 2020 needs the cooperation of its neighbours. are against it. The return of the refugees may be
Can this be done? Considering the success of the All the various scenarios in the plan point out that a long way ahead, but it is the only way to reach
international operations of rescue and rehabilita- Israel is bursting and it needs proper channels to a lasting peace.
tion after the Second World War and considering release its force. War generals may be tempted
the enormity of the Palestinian refugees’ plight, to do so by military force. This will be disastrous
it is imperative that the international community for all concerned. The other alternative would be
takes a firm stand. This should be made practically a true and just peace. Replaying another Oslo will 4.9Epilogue:Palestine/
possible because the Palestinian question has by
far the most comprehensive legal groundwork and
also be a disaster. A cornerstone of this peace is
the return of the refugees.
Israel Transformation
uniform international consensus. It has been the Transformation of Palestine into Israel in the
major occupation of the UN since its inception When the refugees return, they can revive the last half century or so is unique in history. The
half a century ago. The UN can now act, with agriculture and make use of wasted resources of systematic destruction of human and physical
or without the long-denied support of western land and water, which is theirs in the first place. Palestinian landscape was carried out in order
powers, to implement international law and bring They will augment (or replace only) 60,000 agri- to build Israel on its ruins.
permanent peace to the Middle East. cultural labour in Israel, mostly foreign anyway.
The refugees can generate 1,000,000 workers at History is replete with acts of destruction and
To be sure, the implementation of this Return the present level of participation, which could be expulsion of people from their homelands. The
Plan shall encounter many difficulties, but most doubled to match Israel’s participation. This will Mongols destroyed Baghdad, the Huns and
are readily solvable. The rewards however far be essential for further development of the infra- Vandals destroyed Roman cities. Dresden,
outweigh any cost and sacrifices likely to be made. structure, trade, hospitality and services which Wuppertal, Nagasaki, Hiroshima and many
Indeed the return would discharge the old debt of account for 61% of the GDP producing labour for other cities have been destroyed in World War
62 years of war, strife and suffering and bring an the new Palestine.555 II. In all wars, millions have suffered death and
era of permanent peace. The return is definitely destruction which left permanent scars in their
cheaper than the cost of military and economic Having reviewed legal, geographic, agricultural, lives. But all these events, whether preplanned or
aid to Israel and the cost of war damage. The demographic and economic aspects of the refu- spontaneous, occurred in the heat of the battle
inalienable right to return home is akin to the right gees return, we cannot find a logical or practical and ceased after it.
to live, work, get education, speak and worship reason for the denial of the Right of Return.
freely. The question therefore is not a matter of The British and French colonized many parts of
compromise or political bargaining. It is clear that the only remaining obstacle to the Third World, exploited its resources, used its
permanent peace is Israel’s racist policies which people as cheap labour and relegated its culture
4. Practical Considerations are practised since 1948. The learned profes- to a lower order. But in no case did they displace
sionals of Israel came up with ethnic cleansing the majority of the population and took over their
On the practical side, it can be shown that there and apartheid policies as the only way to ensure homes, lands and property. For sure, there have
is enough Palestinian labour to complete the their own view of Israel’s future.556 This is a recipe been numerous cases of displacing local people,
refugees’ rehabilitation process. The construc- which leads to more loss of life and destruction burning villages and confiscating property but
tion activity will act as a major generator for the in the region. not on such a planned scale as to eliminate most
economy at least for the first 10 years. Not only traces of the people of the land.
can it be funded by reparations, compensation, The qualifications for a just peace is that Israel
donations and investments, but the absorption must shed its racist policies 557, must respect and Colonizers disregarded the culture of the colonized
of new labour would greatly increase GDP for adhere to international law, particularly Human and discouraged promoting it through education
the new Palestine.554 When peace prevails, the Rights law. The return of the refugees to their and transmittal by elders. The landscape with its
labour for building the future becomes available. homes becomes then a natural corollary. Israel historical connotations and place names remained
Israel has an ambitious plan for the 21st Century. must then dismantle its weapons of mass destruc- intact, save for changing names of some cities and
552 Many of the religious and archaeological sites were destroyed, ization of the Palestinian labour in the Occupied Palestinian transfer of Arabs out and transfer of Jews into Arab areas
desecrated, looted or claimed to be Jewish. See Kletter, Raz, Territories, especially the West Bank, is described by: Farsakh, (Galilee, Jezreel, Negev), population exchange by annexing
Just Past?: The Making of Israeli Archaeology, London: Equinox, Laila, Palestinian Labour Migration to Israel: Labour, Land settlements to Israel and Palestinian areas in Israel to the new
2006; Abu El-Haj, Nadia, Facts on the Ground: Archaeologi- and Occupation, London and New York: Routledge- Taylor state of Palestine, disenfranchising Palestinians by stripping
cal Practice and Territorial Self-Fashioning in Israeli Society, & Francis Group, 2005. A similar disintegration of Gaza Strip them of Israeli citizenship (and voting) and granting them only
Chicago: The University of Chicago, 2001. is given by: Roy, Sarah, Gaza Strip: The Political Economy of residency rights, increasing Jewish vote by allowing Israelis
553 A comprehensive survey of heavy pollution in Israel is given by: De-Development, Washington, DC: The Institute of Palestine abroad to vote. (It is but one step further to grant all Jews in
Tal, Alon, Pollution in a Promised Land: an Environmental His- Studies, 1995. This disintegration of the economic life in OPT the world Israeli citizenship). See Yair Sheleg, “A Very moving
tory of Israel, Berkeley: University of California Press, 2002. together with the well-known destitution of the refugees outside Scenario”, Ha’aretz 25 March 2001. The subject came again,
554 It is argued persuasively that the dynamic Palestinian labour, Palestine can only be terminated to the benefit of all by the fair this time raised by fanatic settlers, who advocated inflicting
badly needed for strong economy, can be integrated in the employment of this labour in the new Palestine. Thus return will “another Nakba” on the Palestinians. “Saturated by hatred, not
region with significant economic rewards. For example, GDP not only implement a right but it will also end a state of siege hindered, by moral inhibition, unmindful of the suffering” of the
of West Bank could be increased by 150% when the rate of and economic strangulation. Palestinians, they propose an outright “ethnic cleansing”. See
employment and labour participation reach the Israeli levels. 556 In January 2001, a large-scale conference was held in Herzliya Danny Rabinowitz, “Talk of expulsion more ominous than eve”,
Full utilization of labour requires of course economic and politi- on “The Balance of National Strength and Security in Israel”, Ha’aretz, 29 May 2001. The Herzliya is held annually with the
cal freedom which can only be achieved in the atmosphere of attended by 300 leading figures in the local defense establish- same message.
just peace. See (Fadle Naqib), “The Palestinian Economy and ment and academic world. Their findings were presented to 557 The abolishing of Zionism racist doctrine is in accordance with
Prospects for Regional Cooperation”, UNCTAD/GDS/SEU/2. Moshe Katzav, President of Israel, The Participants outlined the resolution previously adopted by the UN General Assembly A/
June, 1998. Palestinian “threat” of high birth rate increase (4.6 children per RES/3379 (XXX) of 10 November 1975 “Elimination of all forms
555 Israel’s occupation fragmented the Palestinian labour force Arab woman vs. 2.6 per Jewish woman). Their recommendations of racial discrimination”. Political pressure of Israel’s supporters
in the West Bank and Gaza and made it subordinate to the are straight out of a Nazi book: Cut-down in social benefits to annulled this resolution but public opinion in most countries
Israeli economy, thus arresting its potential. The bantustan- Palestinian families as they produce little and consume more, agrees with it.
154
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streets to honour the victors. But there has never conflicts, colonialism, racism, occupation and
been a massive, total and deliberate obliteration the like have a finite life. Their intense energy is
of history embodied in place names and written frequently spent quickly. They are temporary in
records and replacement of those names and nature, however long they appear to last. Steady
their associated history by a sanitized version of and lasting progress can only be built on solid
an official and approved narrative. foundations of justice. In the words of the same
Israeli writer previously quoted,
Many of these exceptional events of colonial
history had in fact occurred in Palestine. They Just as the South African rulers understood, at
differed from other events in history, not only in a certain point, that there was no choice but to
that they were not rare but also that they were dismantle their regime, so the Israeli establish-
not dictated by impulses or exigencies of war. ment has to understand that it is not capable
The events in Palestine were part of a process. of imposing its hegemonic conceptions on 3.5
This process was initiated in 1917 and carried million Palestinians in the West Bank and Gaza
out in full force from 1948 till today. This length and 1.2 million Palestinians who are citizens of
of time carried with it a sense of deliberation and Israel [and 5 million refugees in exile at Palestine
determination regardless of consequences. None borders.] What we have to do is to try to reach
of this could have taken place for so long without a situation of personal and collective equality
the active use of enormous political and financial within the framework of one overall regime
clout fed by the support, acquiescence or silence throughout the country…So I think the time has
of Western powers. come to declare that the Zionist revolution is
over. Maybe it should even be done officially,
The destruction of the human, physical and cul- along with setting a date for the repeal of the
tural Palestinian landscape has been described Law of Return. We should start to think differ-
by hundred of works and more so in this Atlas. An ently, talk differently. 559
illuminating summary of this destruction is given
with refreshing honesty by an Israeli writer.558 The When all destructive actions, arresting normal
most important element of this process was to and just human development, come to an end, it
get rid of the population. Whatever justification is possible to re-transform Palestine back to its
was used to explain it, is irrelevant. The relevant normal historical course enriched by the added
and indisputable fact is that all these people benefit of gained experience.
who were expelled/fled/left were not allowed to
return. This included, not only those who found First, the historical continuity of names, not only
themselves beyond the Israeli lines, but also those as recorded on paper but as spoken and remem-
who remained in the country and were unfortunate bered by people of the land, can be restored in
enough to be a mere 1 km away from their normal their entirety. Second, the people who made this
home (e.g. Ein Hawd). history, lived it and remembered its landmarks,
can populate the place again, village by village
Could this unique and systematic destruction of and a historical site after another. No familiariza-
the Palestinian society be reversed? Could the tion or adjustment will be necessary except for
negative aspects of Israel’s physical development the normal experience of an expatriate returning
be remedied? Yes, it can. Firstly the obliteration home after long absence. Third, the reconstruction
of Palestine history and lost memory (place of villages on the same hilltops in the same old
names, records. etc) can be reversed and re- stones will be an assuring sign of continuity. Its
recorded. Palestine’s recent history is a study historical meaning and intrinsic value of restora-
of foreign colonization. The bright side is that tion will not be diminished if, in this modern age,
Palestine became the target of most detailed these rebuilt houses have now satellite dishes
mapping and documentation – probably more and mobile telephones. The terrain, the places,
than any other country in the Middle East. There the rivers, the land: its owners and ownership are
does not seem to be a problem in reviving this all meticulously recorded and can be restored to
aspect of Palestine history. This Atlas, recording an improved version of its recent past.
about 50,000 names, is a step in this direction.
Secondly, the reconstruction of the Palestinian Thus the restoration of Palestinian landscape and
landscape is quite feasible from physical point of society is truly feasible. The meaning of the full
view. Solution for these two difficult cases can be restoration of Palestine for the future of humanity
found in solutions already successfully applied in is immeasurable. It shows that justice wins in the
Kosovo, Bosnia, Cyprus, South Africa and other end, that justice lasts and that justice is worth
places of conflict. waiting for. In the small domain of Palestine, this
achievement would be a partial but satisfactory
In the age of advanced technology it is quite feasi- compensation for the long tragedy of al Nakba
ble to compare the rich and meticulously-recorded and other ills of misguided human behavior.
history of Palestine with the existing electronic
Israeli record of every Palestinian house and acre
of land, who owned it and to which Jewish body
it is leased. From this, both cultural and physical
restoration of Palestine could take place. What
remains is the wisdom, enforced by political will,
to implement it.
558 Benvenisti, supra note 232. 559 Meron Benvenisti, Ha’aretz, 8 August 2003.
155
P a r t I : G e n e r a l R e v i e w
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