• Violation: Demolition of a house, cistern and an agricultural room.
• Date: February 15^th 2022.
• Location: Al-Fakheet and Khallet Al-Mai – Yatta / Hebron governorate.
• Perpetrators: The Israeli Civil Administration.
• Victims: Citizen Fo’ad Al-‘Amour and Jihad Abu Hssain.

Description:

February 15^th 2022, the occupation authorities demolished a house and a cistern in Khallet Al-Mayeh, and an agricultural room built of steel sheets in Al-Fakheet village, east Yatta on the pretext of building without a license.

• Demolition in Al-Fakheet Village:

About 8:00 am, a massive army force, border guards, and a vehicle related to the building and organization department at the Civil Administration arrived to an agricultural room belongs to citizen Foad Al-‘Ammour . Reportedly, Workers accompanying the forces emptied the room, and carried out the demolition.

Photos 1+2 : Demolition of Al-‘Ammour room

The Occupation Authorities used a JCB bulldozer that belong to an Israeli civil company to demolish the structure (25 m²), which was built to be a resting place for the owner when he works at the plot.

The Occupation Authorities served a halt of work and demolition order (96 hours) in January 31^st 2022, the notice requested to demolish the room in 96 hours , on the pretext of building without a license.

• Demolition in Khallet Al-Mayeh village:

An army force , border guards , and the building and organization department at the civil administration , accompanied by a Hyundai excavator , and a caterpillar bulldozer , belong to an Israeli Civil company arrived at Jihad Abu Hssain house , the forces surrounded the location , prohibited citizens from approaching the structure, and carried out the demolition.

 

Photos 3-5: Demolition operation for a house belongs to citizen Jihad Abu Hssain

The Occupation Demolished a house built since 2021, with a total area of 120 m² , the owner was putting the final touches on the house to move to it with his family of 6 , among them 4 children and 3 females.

Abu Hssain house was built of bricks and cement, and surrounded by a fence.

The forces also demolished a cistern nearby Abu Hssain house, and filled it with earth mounds to make sure that the owner will never benefit from the cistern again.

The cistern was full of water, and was dug two years ago with a storage capacity of 70 m³, the cistern was providing water to the construction process, and was supposed to provide domestic water for the house later.

Photo 6-10: The remains of Abu Hssain house

Abu Hssain (33) said that the occupation authorities in January 31^st 2022, served a demolition and removal notice for the house in 96 hours on the pretext of building without a license , the owner submitted an objection, but it was refused by the occupation.

The Occupation Authorities had destroyed the family dream to live in an independent home, and caused a financial loss to the facility that amounted to 100 thousands shekels (construction costs).

Legal Commentary:

The demolition of Palestinian homes and structures by the occupation authorities is part of their violations of international and humanitarian law, and the violation of the right to adequate housing for Palestinian citizens guaranteed by international law and international treaties presented by the following articles:

The Fourth Geneva Convention, Article 147, stipulates that “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” is a “grave breach” of the Convention.

Article 53 of the Fourth Geneva Convention of 1948 prohibits the destruction of property, as this article states the following: “The occupying power is prohibited from destroying any private, fixed or movable property related to individuals or groups, the state or public authorities, or social or cooperative organizations, unless the war operations inevitably require this destruction.

Article 33 of the Fourth Geneva Convention states: “No protected person may be punished for an offense he or she has not personally committed.

Paragraph ‘g’ of Article 23 of the Hague Convention of 1907 AD also warned against destroying or seizing the enemy’s property, unless the necessities of war necessarily require such destruction or seizure.