"Thus, when
Israel created the Office of the Custodian of Absentee Property in July, 1948,
to take charge of property belonging to refugees that fled or were expelled, was
its intention for the custodian to be a steward and trustee for the property of
these refugees while they were away? Certainly, the title of the office
implicitly acknowledges that the property belongs to the absentees, not the
Custodian, which land registry documents in fact
confirm.
Of course, land and the structures on it – some dating back a thousand years or more – were not the only property that came into the charge of the Custodian. Many millions of dollars of gold, jewelry, antiques, cars and other items made their way into the inventory. However, real estate was by far the most important and valuable. The absentee owners were almost all Palestinian Arab refugees and exiles, both rich and poor. A few were Jews, and their property was quickly returned to them. Not so for the rest, except a tiny fraction that were able to prove that they had not fled at all.
How much of the territory within the 1949 ceasefire line did the absentees leave behind? Prior to the proclamation of the state of Israel on May 14, 1948, some 6% of Mandate Palestine was Jewish property (Sami Hadawi, Village statistics: 1945). Considering that Zionist forces seized 78% of Palestine, however, the proportion within those areas would have been closer to 8%, excluding Gaza, the West Bank and East Jerusalem. In addition, the remnant of the Palestinian Arab population that was not expelled retained some of their lands and homes, currently estimated to be less than 3% of the same areas. Roughly half of the captured territory was state land of the government of Palestine, mostly the Naqab (Negev) desert.
It is likely that all the rest, roughly 39%, was declared absentee property, and placed under the control of the Custodian. This figure agrees with an inventory made by the United Nations Conciliation Commission for Palestine (UNCCP) of 7,069,091 dunams. If the Custodian also took charge of state lands, the total would have been 89%. This information has not been released, but a statement by Jacob Manor, the Custodian in 1980, to journalist Robert Fisk (Pity the Nation, p. 45) indicates that the higher figure may be more accurate.
Of course, Israel had no intention of respecting the legal records of land ownership. The Absentee Property Law of 1950 made clear that the job of the Custodian was to “release” the property in its custody to other agencies, which would use the land without regard to the registered owners.
Thus, in effect, the Custodian of Absentee Property became Israel’s largest “fence” for stolen property. Under the powers authorized by the Absentee Property Law, the Custodian “released” the land to the Israeli state, the Development Authority and the Jewish National Fund (JNF), with the combined lands (93% of the state of Israel) under the management of the Israel Land Administration (ILA). The ILA thus became the largest recipient of stolen property in Israel, notwithstanding the international racketeers and blood diamond traffickers that have found a safe haven there."
Of course, land and the structures on it – some dating back a thousand years or more – were not the only property that came into the charge of the Custodian. Many millions of dollars of gold, jewelry, antiques, cars and other items made their way into the inventory. However, real estate was by far the most important and valuable. The absentee owners were almost all Palestinian Arab refugees and exiles, both rich and poor. A few were Jews, and their property was quickly returned to them. Not so for the rest, except a tiny fraction that were able to prove that they had not fled at all.
How much of the territory within the 1949 ceasefire line did the absentees leave behind? Prior to the proclamation of the state of Israel on May 14, 1948, some 6% of Mandate Palestine was Jewish property (Sami Hadawi, Village statistics: 1945). Considering that Zionist forces seized 78% of Palestine, however, the proportion within those areas would have been closer to 8%, excluding Gaza, the West Bank and East Jerusalem. In addition, the remnant of the Palestinian Arab population that was not expelled retained some of their lands and homes, currently estimated to be less than 3% of the same areas. Roughly half of the captured territory was state land of the government of Palestine, mostly the Naqab (Negev) desert.
It is likely that all the rest, roughly 39%, was declared absentee property, and placed under the control of the Custodian. This figure agrees with an inventory made by the United Nations Conciliation Commission for Palestine (UNCCP) of 7,069,091 dunams. If the Custodian also took charge of state lands, the total would have been 89%. This information has not been released, but a statement by Jacob Manor, the Custodian in 1980, to journalist Robert Fisk (Pity the Nation, p. 45) indicates that the higher figure may be more accurate.
Of course, Israel had no intention of respecting the legal records of land ownership. The Absentee Property Law of 1950 made clear that the job of the Custodian was to “release” the property in its custody to other agencies, which would use the land without regard to the registered owners.
Thus, in effect, the Custodian of Absentee Property became Israel’s largest “fence” for stolen property. Under the powers authorized by the Absentee Property Law, the Custodian “released” the land to the Israeli state, the Development Authority and the Jewish National Fund (JNF), with the combined lands (93% of the state of Israel) under the management of the Israel Land Administration (ILA). The ILA thus became the largest recipient of stolen property in Israel, notwithstanding the international racketeers and blood diamond traffickers that have found a safe haven there."
