A commander in the Israeli Occupation Forces issued on February 06, 2016 demolition orders on four houses belonging to detainees arrested on September 2015 for allegedly killing a colonists by throwing stones at his car on September 12, 2016. It was reported that the colonist's car deviated and crashed leaving the colonist dead. The following table shows information about the affected detainees:
|
# |
Name |
Aream2 |
Family |
Minors |
|
1 |
The family of detainee Mohammad Abu Kaf |
120 |
2 |
5 |
|
2 |
The family of detainee Abed Dwayyat |
80 |
2 |
0 |
|
3
|
The family of detainee Mohammad Al-Taweel |
100 |
5 |
2 |
|
4 |
The family of detainee Firas Al-Atrash |
100 |
7 |
3 |
|
Total |
400 |
16 |
10 |
|
Source : Field observation- Department of Monitoring Israeli Violations- Land Research Center-2016
The demolition orders mentioned that such measure "is needed to deter other future attackers". Maps showing the location of the targeted houses were attached to the orders. The office of Israel Minister of Interior made a decision to revoke the residency permits of the following three detainees:
- Abed Dwayyat
- Al-Waleed Al-Atrash
- Mohammad Abu Kaf
The father of Mohammad Abu Kaf told Land Research Center the following: " On September 12, 2016, a car accident occurred on the main road perpendicular to the village. The car deviated and ran into a pole; the driver died as a result. Israel media said it was a normal car accident but the Israeli Occupation Forces raided the area on September 24, 2015 and arrested my son Mohammad(18) and thirty other people. Two days after the detention of lads, Israel media said that the car accident was due to stones pelted at the car and featured the names and photos of the attackers namely : (Abed Dwayyat , Al-Waleed Al-Atrash, Mohammad Abu Kaf). The information about two other minor suspects were not revealed who were later identified as Mohammad Al-Taweel(16) and Ali Issa ."
He also added: " Five Knesset members requested maximum penalties on the detainees such like stopping their social benefits and services, demolishing their structures and revoking their residency permits. Not only, the members asked for capital punishment to be applied on the detained lads.
We then sought attorney to defend the youth, especially after the occupation took advantage of the case to impose new measures and security procedures on Jerusalem. One month after the detention, a force from Israel Police and Intelligences Services raided the area, photographed the detainees' residences and took measurements of the houses from inside in preparation to demolish them soon"
He continued: "The attorney delivered us on January 2016 a decision stating the revocation of three detainees' residency namely Abed Dwayyat, Al-Waleed Al-Atrash, and Mohammad Abu Kaf. The decision was approved by Israel court on January 21, 2016. Note what a plea was submitted to halt this decision but was eventually rejected.
On Friday February 06, 2016, the attorney delivered us a demolition order for the houses of four detainees. We therefore submitted a plea to plea to Israel Supreme court after getting the first plea rejected in District Court"
Abu Kaf family, whose residence is threatened of demolition
The affected families set up protest tents to object Israel's policy against Jerusalemite young men and their families. The Israeli occupation authorities threatened the tent of removal and said that if in case protesters would not dismantle the tent, a fine of 10,000 NIS will be imposed on the organizers.
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.
Land Research Center LRC sees that demolitions contradict with all of the International conventions and Humanitarian laws including:
- 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.”
- 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.”
- 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.”
- 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
