The legal status for the law of Absentee’s Properties in the Palestinian territory occupied in 1948

Abstract

Absentees’ Property Law was issued by Israeli parliament (Keenest) in 1950 within a series of laws taking controls of Palestinians properties. These properties have been assigned to an Israeli authority known by “Custodian” and it is applied in the occupied Palestinian territory in 1948. In the cooperation with military governor, Israeli occupation has issued military commands applied on the Palestinian territories occupied in 1967 which they completely and constitutively resemble the Absentees’ Property Law. In spite of the struggle between Palestinians and Israelis are increasing trying to proof that Palestinians have the complete right to possess and use their properties, Israelis have forcibly assigned them under their “Custody”. Absentees’ Properties law has stated a legal status that stipulates the relationship between the properties and their owner(s) which, according to this law, is absentee and the between the Israeli Custodian and the properties of the owner according to what is mentioned above. The researcher shows in this study whether the Absentees’ Property Law and the military commands have been issued to protect Palestinian’s properties or to achieve other purposes for the Israeli project? Could it be easy to restore these Properties from Israeli Custodian when the Palestinians owners claim them? and finally, how did this law transfer the Palestinian property of lands to the occupier in the name of preserving them?