- Violation: demolishing an under construction house.
- Location: Al-Taybeh village / Jenin Governorate.
- Violation date: October 26th 2020.
- Perpetrator: the so-called Israeli Civil Administration.
- Victims: Family of Ahmed Jabareen.
Description:
On Monday, October 26, 2020, an Israeli military force accompanied by the so-called construction inspector of the Israeli Civil Administration, stormed the western neighborhood of Al-Taybeh village, northwest Jenin, and the bulldozer accompanying the military force demolished an under construction house, under the pretext of building it near the Expansion and Annexation wall, which is about 50 meters away from the demolished house.
Once the demolition has been completed, the owner of the house was handed an execution notice entitled “Announcement regarding the removal of a new building,” stating that the demolition process was carried out according to Military Order No. 1797.
On 14/10/2020, the occupation authorities delivered a military notice to the civilian affected by the demolition through the building inspector of the so-called Israeli Civil Administration under the title “Removing a New Building”. The notice bears the number 10030 and stipulates that the owner must present a building permit or remove the building within 96 hours. Otherwise, the occupation will carry out the demolition of the house. “
Picture 1: Copy of the notice of house demolition and removal
Picture: Copy of the demolition execution notice based on the previous notice
The targeted house has a total area of 130 m2, and it consists of one floor, and was in the construction phase when the demolition occurred. The house belongs to Ahmed Mahmoud Ali Jabareen, 24 years old.
Photos 3-6: The rubble of the house of Ahmed Jabareen
The Owner told LRC: “last May, I started thinking of marriage and building a house on a piece of a private land that I own. The location of the house which was under construction is only a few meters away from the built up area of the village. In mid October I received a military notice stating that I either obtain a building license within 96 hours or remove construction. I tried, through the Wall and Settlement Resistance Commission and the Jenin Governorate office to follow up the matter and prepare a legal file, but the occupation refused the licensing procedures, they came with the Israeli construction inspector and demolished the house in the early hours”.
Al-Taybeh Village in brief:
Al-Taybeh village is located about 17 km from Jenin. The village was built after the Nakba in 1948 when a big number of residents of the town of Umm al-Fahm sought refuge in it, and therefore, the residents of the village are of refugee origin, derived from the families of Jabarin, Mahamid, Agbaria, and Mahajna family. The number of residents in the village according to 2017 census is, approximately, 2,337 people.
The total area of the village is about 4000 dunums, of which 1515 dunums are built up area. About 700 dunums of the village land have been confiscated under the path of the 2 km long Expansion and Separation Wall which was built there in the year 2003.
Legal Feedback:
Demolishing Palestinian houses and facilities is a violation of international law:
Article 147 of Geneva fourth convention : extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. ( it is considered a serious violation of the convention)
Article 53 of Geneva fourth convention that forbids destroying properties : 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 co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Article 33 of Geneva fourth convention: No protected person may be punished for an offence he or she has not personally committed.
Article 32 of Hague convention 1907 part g: To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Article 17 of Universal declaration of human rights 10 –Dec- 1948: No one shall be arbitrarily deprived of his property..
