After Israel Supreme Court rejected the plea submitted in regard to closing the residence of martyr Abu Jamal’s sister, Israeli forces on January 04, 2015 raided the area of Al-Mukbbir and closed the residence through pumping cement into it.

Father of martyr Abu Jamal said:

” A large number of Israeli forces at 5:00 in the morning raided our houses and were deployed around them before evacuating the residents. Some police members pinned metal slaps on the windows of the 100m2 house (located in the third floor) and pumped 150m3 of cement into it. Noteworthy, the operation started at 5:00 in the morning and ended at 1:30 afternoon.

He also added:

“Police closed the residence of my daughter Safaa. Her residence is home for 4 member family and was targeted on the claim of it being owned by martyr Alaa”.

Israeli forces demolish the residence of martyr Bahaa I’lyyan

A massive force from the occupation army raided on January 04, 2016 the American Street in the Jerusalem town of Jabal Al-Mukabbir and demolished the residence of martyr Bahaa I’lyyan after securing the whole area.

Noteworthy, the 120 m2 residence (4bed rooms, 2bathrooms and a kitchen) is home for the martyr’s 8 member family including two minors.

It should be marked that the demolition order was issued by the military commander of army on the claim of “Security Purposes”. The family, at time, objected to the order in Israel Supreme Court but the objection was met with rejection on December 15, 2015. Also, the family was given a deadline until December 30, 20115 to evacuate the house before being demolished.

The brother of martyr I’lyyan, Khalil, told Land Research Center the following:

“A large number of police members and army troops raided at 5:00 in the morning the town and secured the area. The force then searched three houses by police dogs and ordered them evacuated. Some members from the Border Police and army troops demolished the walls of the buildings using manual hammers and digging equipments. They also ordered the owners not to remove the rubbles from inside the house; the house now is not suitable for moving in”

19 residences entirely demolished on the claim of “security purposes” during Al-Aqsa uprising in the areas of West Bank and East Jerusalem: For further information, see table 1

No.	Name	Date	Location	No. of demolished residences	Family	Aream2	Partially damaged residences	Closing demolishing	Remarks	Further information
Total of demolished residences in Jerusalem				9	37	706	11
1	The family house of martyrs Ghassan and Mu’awiya Abu Jamal	6/10/2015	Jabal Al-Mukabbir- Jerusalem	2	3	90	2	Demolished by explosive	The adjacent house of the martyr was entirely demolished.
										Ar, Eng
					6	90
2	The family house of martyr Mohammad Ja’abis	6/10/2015	Jabal Al-Mukabbir- Jerusalem	2	4	70	2	Demolished by explosive	The ceiling of the lower house from the detonated residence was demolished
3	The family house of martyr Mu’taz Hijazi	6/10/2015	Al-Thori neighborhood –Jerusalem	1	3	16	0	Pumping cement into the house	The pumping was carried out in the presence of Jerusalem mayor
4	The family of detainee Mohammad Abu Shaheen	15/11/2015	Qalandiya camp- Jerusalem	1	3	100	5	Demolished by explosive	Located in a three story building
5	The family house of martyr Ibrahim Akkari	2/12/2015	Shu’fat camp- Jerusalem	1	6	120	2	Demolished by explosive	Located in a three story building
6	The house of Safa Abu Jamal; the sister of martyr Alaa Abu Jamal	4/1/2016	Jabal Al-Mukabbir- Jerusalem	1	4	100	0	Pumping cement into the house	First floor of a three story building
7	The family house of martyr Bahaa I’lyyan	4/1/2016	Jabbal Al-Mukabbir- Jerusalem	1	8	120	0	Demolished by explosive	The family was banned from removing the rubbles from inside the house after being demolished
Total of demolished residences in Hebron				1	3	136	2
8	The family house of martyr Mahe Hashlamoun	20/10/2015	Dahyat Al-Zaytoon- Hebron	1	3	136	2	Demolished by explosive	Fourth floor of a five story building
Total of demolished residences in Ramallah				2	4	240	3
9	The family house of martyr Muath Al-Najjar	14/11/2015	Silwad	2	4	240	3	Demolished by explosive	Built in 1967 and had another floor annexed to it in 1978	Ar, Eng
Total of demolished residences in Nablus				6	36	680	24
10	the family house of detainee Karam Al-Masri	14/11/2015	Behind Al-Rawda college- Nablus	1	6	150	7		Located in a three story building	Ar, Eng
11	The family house of detainee Samir Kusa	14/11/2015	Al-Dahya AL-Aulia Nablus	1	5	130	2		a three story building. Other apartments got damaged as a result.
12	The family house of detainee Yahya Haj Hamad	14/11/2015	Dahyat Rueijib –Nablus	2	11	290	8		A four story building. Each apartment is of 145m2 in area.
13	The family house of detainee s Ahmad ‘Laiwi and his brother Ramiz	3/12/2015	Al-Dahyih area- Nablus	2	14	110	7	Demolished by explosive	An apartment in a building in addition to a separate house in the nearby	Ar, Eng
Total of demolished residences in Jenin				1	4	100	2
14	The family house of	4/10/2015	Jenin camp	1	4	100	2	By airstrike
Total				19	84	1862	42

Source: Field observation- Department of Monitoring Israeli Violations- Land Research Center

Number of demolished house on the claim of security purposes

 

It should be marked that the order was issued in reference to the British Emergency Law for the year 1945, taking into consideration that this law was abolished. “Confiscation and demolition” according to article 119 of the law indicates that it is not allowed to re-construct in the demolition location. The body of the article is as follows:

Regulation 119 of the Defence (Emergency) Regulations, 1945

PART XII – MISCELLANEOUS PENAL PROVISIONS

Regulation 119 – Forfeiture and demolition of property, etc. 119.

  (1) A Military Commander may by 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 on growing on the land.

 (2) Members of His Majesty's forces or of 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 subregulation (1), after eviction without compensation, of the previous occupiers, if any.

Land Research Center LRC sees that demolitions contradict with all of the International conventions and Humanitarian laws including:

1. Article 17 of the (1948) Universal Declaration of Human Rights stating: “Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.”

2. Section ‹G› of article 23 of the (1907) The Hague Conventions asserting: “In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.”
3. Article 53 of the Geneva Fourth Convention (1948) declaring: “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.”
4. Section 1, Article 11 of the International Covenant on Economic, Social and Cultural Rights (1966): “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent."

 

Prepared by
 The Land Research Center
LRC