Criminal Prohibitions of Land Sales to Israelis in the Palestinian Authority

ABSTRACT: This article elucidates the Palestinian Authority's (PA) criminal prohibition on the sale of land to Israelis and Jews and its application during the presidency of Mahmoud Abbas (Abu Mazen). The study of PA legislation, case law, public statements by prosecution authorities, and media coverage in PA-controlled areas reveals diverse normative foundations behind the sentences of five years to life imposed by the PA Attorney General on numerous defendants. While suspects of attempting or completing the sale of land to Jews risk grave bodily harm and mortal danger, the death penalty is not specified in PA legislation and has rarely been imposed (but never enforced). Such sales, even when they take place in Jerusalem or involve non-Jewish buyers, are deemed treasonous since they serve the Israeli settlement enterprise and weaken PA policy positions. Criminal proceedings in these cases impinge on the property rights and personal freedoms of vendors and constitute discrimination based on nationality and religion. The PA land-sale prohibition resembles restrictions from the British Mandate era, and both reflect the historical contest over the political status of the Land of Israel.