Palestine Flowersزهور فلسطين
Hub · Under the Law

What is protected, and who is prosecuted.

تجريم القطف

A protected-plants list covering dozens of species. No recorded indictment for picking any of the ornamental ones. Every documented prosecution is for one of the three wild plants Palestinians eat. The instrument, the figures, and the sources.

01What kind of instrument this is

The phrase "Israel's protected-plants list" does a lot of quiet work, so it is worth starting with what the thing actually is.

It is a nature-protection scheme that Israeli authorities enforce inside present-day Israel and extend into the occupied West Bank through the Civil Administration, under military command. Where it reaches Palestinians in the occupied territory it reaches them as an instrument of an occupying power: written by a legislature they cannot vote for, administered by a military authority, and enforced against a population with no say in how it is drafted or applied.

International humanitarian law is specific about how much authority that is, and the actual text is more damning than any paraphrase:

  • Hague Regulations 1907, Article 43. With the legitimate power's authority having passed into the occupant's hands, the occupant "shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country." The default is that existing law stays. The occupier's job is order and safety, not legislating.
  • Hague Regulations 1907, Article 55. The occupier is "regarded only as administrator and usufructuary" of the territory's public property, including its agricultural land. A usufructuary may use a thing but must safeguard its capital — not appropriate or deplete it for the benefit of its own population.
  • Fourth Geneva Convention, Article 64. New legislation is permitted only for three narrow purposes: the occupier's own security, its obligations under the Convention, or the orderly government of the territory. Regulating what an occupied population may gather from its own hillsides is not obviously any of the three.
  • ICJ, July 2024. The International Court of Justice found Israel's continued presence in the occupied Palestinian territory unlawful, together with the settlement regime, the annexation measures, and its use of the territory's natural resources.

Al-Haq and Adalah's term for the pattern that has developed instead is de facto annexation: the Knesset has, over decades, "increasingly extended its sovereign authority over the West Bank through legislative acts, in breach of its limited administrative authority as a belligerent occupant" (Al-Haq; Adalah).

An occupier's power to make rules over occupied land is legally exceptional, narrow and temporary by design. This is not a park by-law, and describing it as one is itself a political choice.

02What is on the list

The protected-plants list runs to dozens of species. Among them are the plants that appear on a postcard: the anemone, the cyclamen, the narcissus, the iris, the wild orchids.

The stated purpose is conservation, and it should be said plainly that conservation is a real category and some of these plants have a real case. The wild orchids are the strongest example on this site: they are slow-growing, dependent on soil fungi, dug commercially for the salep trade, and measurably declining under that pressure across the eastern Mediterranean — with DNA evidence published in 2026 showing tuber sizes falling steadily across two centuries (see Record 07, Register 04).

Hold onto that, because it makes the next section sharper rather than softer. The question is not whether wild plants can need protecting. The question is what this particular instrument does.

03What is actually prosecuted

Two separate bodies of documentation exist. They cover different windows and different instruments, and this record keeps them apart deliberately rather than adding them together into a bigger-sounding number.

The court record, 2004–2016. The lawyer and researcher Rabea Eghbariah examined Israeli court archives for this offence. Over that period the courts decided 61 cases concerning za'atar and akkoub, plus dozens more concerning sage. Every defendant was Palestinian. Across the same archive there is no indictment at all for picking anemone, narcissus or primrose — species that surveys show are picked (القدس العربي; Oxford Symposium).

The enforcement record, 2016–2018. Separately, the Palestinian legal centre Adalah documented 26 indictments and 151 fines in that three-year window, again falling on the population that has gathered these herbs for centuries (Adalah).

The three plants at the centre of both datasets:

PlantSpeciesWhat it isStatus
زعتر Origanum syriacum Wild za'atar — dried and mixed with sumac and sesame Prosecuted
عكّوب Gundelia tournefortii Akkoub — the flower head, gathered March to May Prosecuted
مريمية Salvia fruticosa Maryamiyya — the sage in the tea Prosecuted
الحنون Anemone coronaria Not eaten. Toxic. No indictment recorded
بخّور مريم Cyclamen persicum Leaf gathered; the plant itself toxic No indictment recorded
السحلب Anacamptis pyramidalis Wild orchid — the genuine conservation case No indictment recorded

A list that shields a flower nobody is punished for taking, while criminalising a herb only one people is punished for gathering, is not protecting plants. It is regulating a population's access to its own land.

Each March, ahead of the akkoub and za'atar season, the Israeli Nature and Parks Authority runs a public warning campaign. The campaign is timed to the harvest of the plants Palestinians eat.

04The legal challenge

In 2019 Adalah — the Legal Center for Arab Minority Rights — demanded that the designations be cancelled and criminal enforcement suspended. The argument was not that the enforcement was unkind. It was that the ban:

  • lacked a reliable factual basis;
  • did not serve the purpose of the law it was made under;
  • and disproportionately harmed the Arab population that has used these herbs for hundreds of years.

The Nature and Parks Authority said it would revise its enforcement policy (Adalah).

Open question — flagged, not answered Whether that revision actually reduced prosecutions after 2019 has not been verified by this record. Until it is, nothing on this site should be read as saying the matter was resolved. The documented figures above end in 2018.

05A different mechanism: the olive

For the plants above, the instrument is a list and a fine. For the olive it is more direct: the trees are cut, burned, bulldozed and poisoned, and the people who own them are kept away from them. Figures documented by the UN Office for the Coordination of Humanitarian Affairs, which has recorded settler attacks in the occupied West Bank since 2006:

  • After the 2023 harvest, more than 96,000 dunums of olive-cultivated land went unharvested because Israeli restrictions kept the farmers off it.
  • Access to those areas had required “prior coordination” — a scheduled Israeli military permission — and in 2023 almost all of those approvals were cancelled, with the Barrier’s agricultural gates left overwhelmingly closed.
  • The Food Security Sector put the loss at more than 1,200 metric tons of olive oil and US$10 million.
  • By 10 December 2025, OCHA had documented over 1,700 settler attacks causing casualties or property damage that year across more than 270 communitiesfive a day — injuring 1,110 Palestinians.

Alongside the violence runs the access regime: groves behind the separation wall, beside a colony, or inside a closed military zone can be reached only with a permit, on designated days, for a set number of hours — leaving farmers unable to prune, plough or harvest properly (OCHA).

Read the two mechanisms together and they are the same mechanism. Gathering criminalised at one end, access severed at the other, and in the middle a population that cannot get to the hillside in the season the plant is up. As Record 06 puts it: you do not have to ban a plant to end the practice of gathering it. You only have to make the walk impossible for long enough.

Sources

  1. أرض الزعتر والعكوب الحزين: لماذا تجرّم إسرائيل قطف النباتات البرية؟ — القدس العربي، على بحث المحامي والباحث ربيع إغبارية (court archive, 2004–2016)
  2. Rabea Eghbariah — on the criminalisation of za'atar and akkoub — Oxford Symposium on Food and Cookery
  3. Adalah: cancel the designation of za'atar and akkoub as protected plants — Adalah, the Legal Center for Arab Minority Rights (26 indictments and 151 fines, 2016–2018)
  4. Israel confirms de facto annexation of West Bank lands — Adalah
  5. Al-Haq — publications on military orders and de facto annexation — Al-Haq, Ramallah
  6. Hague Regulations 1907, Art. 43 — ICRC
  7. Hague Regulations 1907, Art. 55 (usufruct) — ICRC
  8. Fourth Geneva Convention, Art. 64 — ICRC
  9. Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory — advisory opinion, July 2024 — International Court of Justice
  10. Olive harvest 2023: hindered access afflicts Palestinian farmers in the West Bank — UN OCHA oPt, 22 February 2024
  11. Humanitarian Situation Update #348 — West Bank — UN OCHA oPt, 10 December 2025
  12. Edible orchids are being overharvested in the Mediterranean — Masters and Veltman, The Conversation, April 2026, reporting Current Biology, 2026