A disregard of Human Rights

A disregard of Human Rights

In cooperation with PCHRGAZA

 

Law and House demolition:-

Palestinians first witnessed the demolition of their houses following the 1949 war when more than 400 Palestinian villages had been depopulated and their houses were bulldozed displacing more that 700.000 Palestinians. Israel later (between 1948 and 1958) started  to endorse laws and legal instruments  to refuse authorization of zoning plans for Palestinian villages inside the 'green line'. Through this legal devise, hundreds of Palestinian homes have been declared illegal, targeted for demolition and were demolished.

 

Israel and in breach of all UN resolutions and International laws is seeking legally to justify its policy of house demolition in the OPT in accordance to Regulation 119 of the Defense (Emergency)

 

Regulations, 1945 which states that :-

(1) A Military Commander maybe order direct the forfeiture to the Government of Palestine of any house, structure, or land from which he has reason to suspect that any firearm has been illegally discharged, or any bomb, grenade or explosive or incendiary article illegally thrown, or of any house, structure or land situated in any area, town, village, quarter or street the inhabitants or some of the inhabitants of which he is satisfied have committed, or attempted to commit, or abetted the commission of, or been accessories after the fact to the commission of, any offence against these Regulations involving violence or intimidation or any Military Court offence; and when any house, structure or land is forfeited as aforesaid, the Military Commander may destroy the house or the structure or anything growing on the land.

 

(2) Members of His Majesty's forces or the Police Force, acting under the authority of the Military Commander may seize and occupy, without compensation, any property in any such area, town, village, quarter or street as is referred to in sub regulation (1), after eviction without compensation of the previous occupiers if any.

 

 

Regrettably saying, this justification which Israel claims to be legal also contradicts the Fourth Geneva conventions, article 53 of 1949 to which Israel is a High Contracting Party: 'Any destruction by the occupying power of real or personal property belonging individually or collectively to private person, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.'

 

Nowadays, many Palestinian houses are being knocked down and enormous heaps of rubble are left for Palestinians to enjoy. Crisis has reached to an unprecedented level since house demolition policy made a way for extensive environmental degradation and unilateral political implications, diminishing all hopes for peaceful solutions.

 

Facts and Figures:-

Since the beginning of the current year (beginning of January 2004 to July 2004), the IOF demolished over 800 Palestinian houses in Gaza Strip displacing thousands of Palestinian families. See table 1 below:

 

Date

Trees Uprooted

# of houses demolished

Area of land razed/confiscated  in Dunums

Jan-04

4240

86

297

Feb-04

720

14

288

Mar-04

240

79

12

Apr-04

2718

111

171

May-04

3425

267

227

Jun-04

2070

92

570

Jul-04

2285

170

150

Total

15698

819

1715

Source: ARIJ Database 2004

 

 

Torture concluded within the Israeli policy of house demolition amounts to cruelty, inhumanity and collective punishment, in breach of all international laws as stated above. See figure 1.

 

 

 

Source: ARIJ Database 2004

 

 

The Israeli violations continue in Gaza Strip:-

The demolition of houses is generally executed without pre-notification. The rationale is carried out for security reasons, giving Palestinians no time to rescue their properties, but to flee with their souls. In one of its cruelest designs in Rafah city, the Israeli occupation forces escalated their demolition policy in areas of Rafah city, mainly in Al Brazil neighborhoods and Al Salam neighborhoods.  Both neighborhoods house a total population of about 16000 Palestinian residents, 10000 and 6000 respectively. All these areas are considered border areas with Egypt.  On the ground, it looks like Palestinians are prohibited from building and the Israeli Forces are allowed to demolish.

 

During the period of July 15th to August 15th 2004, the IOF completely demolished 139 Palestinian houses and partially demolished 15 others. The Israeli Eradication campaigns were also escalated to include land and trees. See Photo 1 & Photo 2 &

 

 

 

 

According to ARIJ and PCHRGAZA databases, 16 dunums of lands were razed during this period and a total of 235 fruitful trees mostly Olives and Citrus were uprooted. Table 2 and Figure 2 below detail the Israeli violations during the above mentioned period.

 

 

Table 2- Figure 2:  Total of houses demolished and land razed from Mid of July to Mid of August 2004: 

Houses demolished

139

Houses Partially demolished

15

Land razed/ Dunum

16

Uprooted trees

235

Source: ARIJ Database 2004

 


Click to see location map

 

Rafah submitted to constant Israeli policy:-

On the 21st of July, the IOF incurred into Al Brazil and Al Salam neighborhoods near the Egyptian borders under the cover of intense shelling, and completely demolished 18 houses along with others four houses which were partially damaged. Israel has often raided Rafah city under 'absolute military stipulation' as the Israeli authorities claim, and carry out wide scales of house demolition as a form of collective punishment against thousands of Palestinians.  Table 3 below details the losses caused by the Israeli forces on the 21st  and 22ed of July 2004.

 

Table 3: details the losses caused by the Israeli forces on the 21st  and 22ed of July 2004.

Owner

Area/ m�²

Type of construction

No. of dwellers

Demolition

Can'an 'Abed El Hay Rashed Abu Libda

260

Two-Storey house

9 ( 2 families)

Completely

Tayseer Bishara 'Abed El Hadi Abu Libda

96

Concrete_ Asbestos

7 ( one family)

Completely

Bishara 'Abed El Hadi Mustafa 'I'wayda

70

Asbestos

18 (3 families)

Completely

Ashraf Omar 'Abed El Qader Musa

150

Asbestos

8 ( one family)

Completely

Shawkat Sa'ed Talab El 'Attar

250

Asbestos

15 (3 families)

Completely

Esam Shawkat Sa'ed El 'Attar

250

Asbestos

15 ( 2 families)

Completely

Jom'a Mustafa Jom'a Noufal

150

Concrete_ Three -storey house

26 (5 families)

Completely

Ahmad 'Akel Ahmad Jaber

150

Concrete_ Three -storey house

16 (3 families)

Partially

'Abed El Salam Salah Wawe

140

Concrete_ Asbestos

5 (2 families)

Completely

Ibrahim Ahmad Mahmoud Lafy

110

Concrete_ Asbestos

4 (1 family)

Completely

Tayseer Muhammad Fahed Al Luna & brothers

280

Concrete_ Asbestos

24 (4 families)

Completely

Hamdiya Ahmad Muhammad Al Luna

250

Asbestos

8 (1 family)

Completely

'Ayed Ibrahim Muhammad Abu Mur

150

Concrete_ Asbestos

12 (one family)

Completely

Huda Faraj Faraj Allah Al Rayati

100

Asbestos

8 (one family)

Completely

Hasan 'Abed El Karim 'Abed El Rahman Abu Tah

300

Three-Storey house

19 (3 families)

Partially

'Adel Muhammad 'Awad Zanoun

300

Concrete

36 (4 families)

Completely

'Ali Hasan 'Abed El Karim Abu Tah

70

Asbestos

2 (one family)

Completely

'Atef Yahya 'Abed Allah Abu Tah

250

Asbestos

7 (one family)

Completely

Sayf El Din Ahmad Muhammad Abu Zeid

150

Concrete_ Two-Storey house

9 (one family)

Completely

Muhammad Sa'ed Al 'Abed Abu Tah

250

Two-Storey house

19 ( 2 families)

Completely

Mahmoud Yousef Mahmoud Matariya

160

Asbestos

7 ( 2 families)

Completely

Tawfeq Ibrahim Khalil 'Abed El 'Aziz

150

Two-Storey house

18 ( 3 families)

Partially

Source: Palestinian Center for Human Rights-PCHRGAZA-PCHRGAZA

The Palestinians in Gaza Strip are facing the relentless Israeli persecution which is a dangerous aspect of the conflict. They are always subjected to repeated Israeli incursions, robbing them their livelihood and pride. ARIJ and PCHRGAZA were a able to document the losses caused by the repeated Israeli incursions into areas of Gaza Strip during the period of Mid July to Mid August 2004. See Table 4 below;-

Date

Location

Violation

Owners

16_July_2004

West of Beit Hanun town

D_ Demolition of a house+ a sheep farm

Ibrahim Al Sawarka+ 'Eid Al Sawarka

16_July_2004

Beit Hanun town

D_ Demolishing 4 factories

Jaber Dayf Allah, Abu 'Abed Allah Musleh and Nasar Musleh

16_July_2004

Beit Hanun town

D_ Demolishing the walls that surround eight houses

Al Basyoni family

16_July_2004

Qizan Al Najjar area in Khan Yunis

D_ Demolition of a house

Ahmad Abu Nar

17_July_2004

Al Sika Street in Beit Hanun town

O_ Transferring houses into military barracks

Muhammad Al Basyoni and 'Abed El Wahab Al Basyoni

18_July_2004

East of Beit Hanun town

S_ Razing tens of dunums of agricultural lands cultivated with Citrus

Al Za'anin family

18_July_2004

Beit Hanun town

S_ Razing agricultural properties+ plastic houses+ Poultry farm

Isma'il and 'Abed El Karim Al Za'anin+ Fadi and Khalil Al Za'anin+ Muhammad Al Za'anin

19_July_2004

west of Beit Hanun in the area located between Al Sultan and Al Sika Streets

C_ Constructing new military base

 

19_July_2004

Beit Hanun town

D_ Demolition of a house

Martyr Nahed Abu Odeh

19_July_2004

Beit Hanun town

D_ Partially demolishing  three houses+ concrete stores

Mu'ath, Sa'ed and Muner Abu Odeh+ Jad Allah Al Kafarneh

19_July_2004

Northeast of Beit Hanun town to the north of the Gaza Strip

C_ Constructing new military base

 

19_July_2004

Around Al 'Awda passage the only land entrance for the Gaza Strip

U_ Uprooting tens of Olive trees at favor of erecting a trench

 

19_July_2004

Northwest of Al Shuhada cemetery to the east of Gaza city

C_ Constructing new military base

Islamic Waqf

20_July_2004

Al Shate' refugee camp to the west of Gaza city

D_ Demolition of a house

Abu Yousef El Quqa

20_July_2004

Beit Hanun town

O_ Transferring houses into military barracks

'Atta and Hamed 'Abed El Dayem

20_July_2004

Beit Hanun town

S_ Razing agricultural properties with one dunum

The agricultural union

20_July_2004

Al Sika Street to the west of Beit Hanun town

D_ Demolishing a  water well and some other properties+ Two poultries

Rushdi Al Za'anin+ 'Aref Al Za'anin

21_July_2004

Al Salam neighborhood in Rafah city

D_ Demolition of a house

Mahmoud Matariya

21_July_2004

Al Salam and Al Brazil neighborhoods

D_ Demolition of a house

Sami Bergis Abu Tah

21_July_2004

Beit Hanun town

D_ Demolished a wall that surrounds the house+ transferring it into a military barrack

Al Za'anin family

21_July_2004

Al Sika Street in Beit Hanun town

D_ Demolition of a house+ a wall+ commercial store

Taysser Abu Hwayhi+ Wasef Al Masri + Abu 'Abein family

21_July_2004

East of Beit Hanun town near Buret Abu Ghazal area

C_ Constructing new military base

 

22_July_2004

Al Sha'ut neighborhood in Rafah city

D_ Demolition of three houses

Jamal Muhammad Judeh, Muhammad 'Adel Rabe' and Muhammad 'Abed El Hai Hussein

22_July_2004

Al Sika Street in Beit Hanun town

O_ Transferring  three houses into military barracks

Sa'ed Al Masri+ Akram and Ahmad 'Abed El 'Aziz Abu Odeh

22_July_2004

West of Beit Hanun town

S_ Razing agricultural lands

Suhail Al Shanty

22_July_2004

North of Beit Hanun town

C_ Constructing new military base

Zamo family

22_July_2004

Al Brazil and Al Salam neighborhoods in Rafah city

D_ Completely demolition of 18 houses+ 4 partially

Palestinian families

22_July_2004

Al Amal neighborhood near Al Rahma Mosque

D_ Completely demolishing a lethal workshop+ partially damaging a house

Muhammad Salehiya

24_July_2004

Al Sha'ut area in Rafah city

D_ Demolition of 8 houses

Muner Hasuna, 'Ali Hasuna, Ahmad Abu Msameh, Saleh Al Halqawi+ Al Yazgi and Abu Gazar families

25_July_2004

Around Rafah passage on the borders between the south of Gaza Strip and the Egyptian borders

O_ Erecting a trench

 

25_July_2004

Block (J) in Al Sha'uth area in Rafah camp

D_ Demolition of 5 houses

Palestinian families

26_July_2004

South of Al Sabra neighborhood in Gaza city

D_ Demolishing the tow-storey house

Abu Malik Jundiya

26_July_2004

Al Shanti area to the west of Beit Hanun town

C_ Constructing new military base

 

28_July_2004

Beit Hanun

S_ Razing the wall that surrounds the secondary school+ the lands of the agricultural collage

Al Azhar University

29_July_2004

Al Sika Street in Beit Hanun town

D_ Demolishing one room and a wall

Amal Hamad

29_July_2004

On the coastal road to the south of Gaza city

D_ Dynamiting a three-storey building

''Al Ja'l'' building

29_July_2004

Qizan El Najjar area to the east of Khan Yunis

D_ Demolishing 8 houses

Isma'il Khedar, Naji Al Huwari, Raed Al Malahi, Osama Khedar, Liyla Khedar, Kamil Abu Nimer, Salim al Huwari and Saleh Abu 'Azoum

29_July_2004

Qizan El Najjar area to the east of Khan Yunis

S_ Razing agricultural lands

Shamlakh, Daloul, Nabhan and Saqer families

30_July_2004

Al Sha'ut camp on the Palestinian_ Egyptian borders

D_ Demolishing two houses with another two which were partially damaged+ Two residential buildings each composed of four floors

Al Bana and Barhoum families

30_July_2004

Rafah city

D_ Demolishing 14 houses+ Poultry farm

Fayiq, Fayiz, Ahmad, Sa'ed, Muhammad, Khamis, Rafiq, Zaki and Sa'diya Al Bana, Muhammad Al Ghazazi, Jamal Hasuna, Suleiman Barhoum, Musa Al Sarafandi and 'Abed Allah Shuman+ Salim Qashta

30_July_2004

Rafah city

S_ Razing 8 dunums of lands cultivated with Olives+ another 4 dunums cultivated with Tomatoâ??s

Mattar Abu Tah+ Nayif Abu Shouf

31_July_2004

Abu Safiya area to the east of Beit Lahya town

C_ Constructing new military base

 

31_July_2004

Beit Lahya town

D_ Demolishing a wall

'Abed El 'Al family

31_July_2004

west of Beit Hanun town

S_ Razing three dunums cultivated with Citrus

Al Shanti family

3_August_2004

The western camp of Khan Yunis

D_ Demolishing 9 houses

Khalid Al Haj, Shihda Sahwail, 'Ali Shalola, Muhammad Al Zarabi, Ahmad Abu Matrod, Musa Abu Reziq, Fatima Al Bazrari and Safiya Shalola

4_August_2004

The western camp of Khan Yunis

D_ Demolishing 9 houses

Zaki Nasir, Muhammad 'Abed El Hadi, Shihda Sahwail, Mahmoud Hyneidak, Salah Hyneidak, 'Ali Abu Shamala, Ahmad Mansour, Mariam Mansour and Suma Abu El Khar

4_August_2004

Qlaybu area to the east of Beit Lahya town

D_ partially demolishing a house

Ramadan Ahmad

5_August_2004

Tel El Za'tar and Al Sika areas north of the Strip

S_ Razing vast areas of agricultural lands cultivated with Citrus

Al Dahnun family

5_August_2004

Tel El Za'tar and Al Sika areas north of the Strip

D_ Demolishing of walls

Hasan 'Afana and Safiya family

5_August_2004

Yibna camp in Rafah

D_ Completely demolishing 17 houses+ 3 were partially damaged

Palestinian families

8_August_2004

Abu 'Eida area to the east of Al Qarara town north of Khan Yunis

S_ Razing vast areas of lands cultivated with Olives+ Razing a wall

Al Fara, Abu 'Eida and Al Astal families+ 'Adle Al Qudra

8_August_2004

Block (J) in Rafah camp

D_ Demolishing seven houses in between completely and partially

Fathi Muhammad Al Masri, Naser Al 'Attar, Farouq Rabe', Basam 'Awad, Kamal Muhammad Abu Zuhri, Muhammad 'Adel Rabe' and Mahdi Abu Zuhri

9_August_2004

Al Sha'ut camp on the Palestinian_ Egyptian borders

D_ Completely demolishing 4 houses+ one partially

Palestinian families

10_August_2004

Al Sha'ut camp on the Palestinian_ Egyptian borders

D_ Completely demolished of about 15 houses

Palestinian families

11_August_2004

The western camp of Khan Yunis south of Gaza Strip

O_ Partially burning a house

Ahmad Al Sharef

11_August_2004

Khan Yunis to the south of the Strip

D_ Demolition of 3 houses

Abu Mustafa family+ Abu Madi and Abu Yousef families

12_August_2004

west of Rafah city

D_ Partially damaging the second floor

'Eid Abu 'Ayash

12_August_2004

Al Sha'ut area to the south of Rafah district

D_ Demolition of 4 houses

Abu Nabil Natat, Khaled Abu Madi, Saleh Abu Mustafa and Fakhry Abu Mustafa

12_August_2004

Al Sha'ut area to the south of Rafah district

D_ Partially damaging five houses

Among the owners known was the house of 'Awad Al Jamal

13_August_2004

East of Gaza city and Al Zaytoun neighborhood

S_ Razing tens of dunums of agricultural lands

Al Wahidy and Al Bar'ashy families

13_August_2004

East of Gaza city

O_ Transferring  houses into military barracks

Abu Kamal Al Hatw and Abu Muhammad Kasab

13_August_2004

Beit Hanun city to the north of the Strip

S_ Razing the areas around Nitzanet settlement and the industrial zone

 

15_August_2004

Al Zaytoun neighborhood to the east of Gaza city

S_ Razing tens of dunums of lands planted with Olives

Haji, Al Dahdouh and Al Omrain families

Sources: ARIJ & PCHRGAZA Database 2004 & Database 2004

 

 

The on growing Palestinian population forms a sort of ''demographic danger'' as the Israeli authority still adopts an ethnic cleansing policy which aims at reducing the city to poverty levels. Besides, the repeated Israeli incursions to Gaza Strip as well as to the West Bank areas under justifiable security claims are clear symbols of disregard to the Palestinians' rights and International laws.

 

 

 

 

 

Prepared by:
The Applied Research Institute – Jerusalem

 

 

 

Categories: Israeli Violations