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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles
  • II. LAWS LEGALIZING DISCRIMINATION & EXPLOITATION - laws that legalize discrimination against non-Jews in Israel ...
    • 1. Land Laws - Discrimination in Housing.
Point to be
Examined
      • B. All of the above laws plus others then forbade the sale or transfer of 'Israel Lands' to anyone except other Israeli government agencies or the Jewish National Fund, which then adopted policies to lease that land only to Jews. Here are a few sample policies and laws -
Details
Requested
        • 1) Jewish National Fund Report to 16th Congress (1929, forbids sale or lease to non-Jews);
        • 2) "Development Authority (Transfer of Property) Law" (1950) (see sections 3(a & b) above);
        • 3) "State Property Law" (1951) (see section 5(b) above);
        • 4) "Basic Law: Israel Lands" (1960) (see section 1 below) -
           
          BASIC LAW: ISRAEL LANDS
          (Passed by the Knesset on the 24th Tammuz, 5720 (19th July, 1960))
          Prohibition
          of transfer
          of
          ownership.
          1. The ownership of Israel lands, being the lands in Israel of the State, the Development Authority or the Keren Kayemet Le-Israel, shall not be transferred either by sale or in any other manner.
        • 5) "Israel Lands Law" (1960), section 2 below, which describes important exceptions such as urban lands, or lands that were given in compensation) --
           
          ISRAEL LANDS LAW
          (passed by the Knesset on the 1st Av, 5720 (25th July, 1960))
          Permission
          to transfer
          ownership.
          2. Section 1 of the Basic Law shall not apply to the following classes of transactions:
          • (1) acts of the Development Authority under the Land Acquisition (Validation of Acts and Compensation) Law, 5713-1953 ;
          • (2) the transfer of the ownership of Israel lands, in accordance with rules to be prescribed by regulations with the approval of the Finance Committee of the Knesset, to absentees, or heirs of absentees, who are in Israel, in substitution for lands vested in the Custodian of Absentees' Property by virtue of the Absentees' Property Law, 5710-1950;
          • (3) the transfer of the ownership of Israel lands in fulfilment of an undertaking validly entered into or a liability validly created, in respect of those lands before the coming into force of the Basic Law;
          • (4) the transfer of the ownership of Israel lands in exchange for, or as compensation for, lands, other than Israel lands, expropriated by virtue of any Law: Provided that agricultural land shall not be exchanged for urban land except under special circumstances and with the approval of the Minister of Agriculture;
          • (5) the transfer of the ownership of Israel lands in so far as necessary for the rectification of boundaries or the rounding off of properties: Provided that the area of the lands shall not in any one instance exceed one hundred dunams ; where the transfer is without consideration, it shall require the approval of the Finance Committee of the Knesset;
          • (6) the transfer of the ownership of Israel lands between the State, the Development Authority and the Keren Kayemet LeIsrael ; however, the transfer of the ownership of lands of the State or lands of the Development Authority to the Keren Kayemet Le-Israel shall require the approval of the Finance Committee of the Knesset;
          • (7) the transfer of the ownership of lands of the State or lands of the Development Authority for the purpose of non-agricultural development and the transfer of the ownership of lands as aforesaid which are urban land: Provided that the area of all the transfers under this paragraph shall not in the aggregate exceed one hundred thousand dunams;
          Provided that a transfer of the ownership of lands of the Keren Kayemet Le-Israel shall not be made save with the approval thereof.


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(C) Israel Law Resource Center, February, 2007.

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