- Violation: demolishing two commercial facilities under the pretext of non-licensing.
- Location: Al-Jalama village, north of Jenin.
- Date of violation: 26/07/2022.
- The aggressor: the so-called building inspector of the Civil Administration.
- The affected party: the two citizens, Muayyad Amer Abu Farha and Ali Salem Lahluh.
- Details of the violation:
On Tuesday morning (7/26/2022), the so-called construction inspector of the Israeli occupation raided the southern side of the Al-Jalama military checkpoint. Where the occupation army proceeded to carry out a demolition operation through a civilian bulldozer that was accompanying them, as it affected two commercial facilities located on the side of the main road leading to that military checkpoint, under the pretext of building without a license, according to the description of the occupation.
It should be noted that the notified facilities had previously been notified to stop construction on (29/1/2022) on the pretext of not having a license, and despite the fact that the affected persons prepared the legal file and submitted it to the competent Israeli authorities, the occupation refused the request for issuing licenses and even insisted on demolishing of those facilities without giving any justification. The following are the names of the owners of the demolished facilities and information about them:
|
Affected citizen |
Number of family members |
Area in m² |
Notified facility |
Photo |
||
|
Male |
Female |
Children |
||||
|
Moayad Amer Ahmed Abu Farha |
1 |
4 |
2 |
90 |
A metal of zinc that was used to sell vegetables |
 |
|
Ali Salem Ahmed Lahlouh |
3 |
2 |
3 |
60 |
barracks of zinc |
|
|
Total |
4 |
6 |
5 |
150 |
|
|
And later, on June 29, 2022, the occupation demolished another commercial barracks located next to the two targeted barracks, for the same pretext and was used to sell toys. It belonged to Omar Ali Salem Abu Zaho, a resident of Al-Jalama village, for more see the report prepared by the then Land Research Center (the report).
It is noteworthy that last February, the occupation demolished at least 20 stands and shops along the main road leading to the Al-Jalama crossing, causing harm to a large number of citizens and depriving them of their most basic human rights to secure the income of their families. For more, see the report prepared at the time by the Land Research Center (the report).
During the past five years, a larger number of these stands were demolished, as the occupation seeks to empty the area completely, and restrict the citizens there.
Al-Jalama[1]:
Al-Jalama is located 7 km to the north of Jenin; It is bordered by the green line – occupied territories of 1948 (north), Al-Yamoun village (west), ‘Arbona village (east), ‘Arana village (south).
Al-Jalama has a population of 2268 people, until 2017 census.
Al-jalama village is within the borders of Marj Bani Amer village council. Marj Bani Amer has an area of 65,656 dunums, of which 265 dunums are a built up area for Al-Jalama. The village council of Marj Bani ‘Amer contains the following community: (Al-Jalama, Al-Jmailat, Um Qaboub, Barghasha, Beit Qad, Jalboun, Khirbet Abu ‘Anqar, Deir Abu Da’ef, Deir Ghazala, ‘Arana, ‘Arbouna, Faqou’a, Mashro’a Beit Qad, Wadi Al-Dabe’a).
Al-Jalama village consists of 4 artesian wells that provided water for the village, the artesian wells were managed by: Salim Abu Farha, Jamal Abdul –Hadi, l Yasin Soboh, and Abu Issa company. According to the village council each one of the wells produced about 100 cup/ per hour, but the occupation did not only confiscate them but also dried them, now citizens have to buy water even with their high poverty rates.
Most of Al-Jalama lands are invested in rainfed agriculture, while 400 dunums are invested in protected agriculture, 300 dunums are olive groves, 350 dunums are invested in irrigated agriculture (source: Al-Jalama village council).
The village of Al-Jalama and the two towns of Sandala and Al Muqbeila (occupied in 1948) used to have social and economic ties as well as family ties as they were considered to be one unit. The clans present in these three towns include Al Omari, Abu Farha, Sahori, Sha’aban, Abu Issa in addition to the clan of Radi. These communities used to have one school and one mosque until the Nakba took place in 1948 when these communities were forcefully separated.
The occupation confiscated 400 dunums, bypass 60 ate up 100 dunums, the segregation wall ate up 300 dunums, and isolated 100 dunums, the segregation wall is 3500 m long.
Oslo accords divided the land as the following:
- Area B: 250 dunums.
- Area C: 65,406 dunums.
Legal Feedback:
The demolition of Palestinian homes and facilities by the occupation authorities comes within its violations of international and humanitarian law, and a violation of a right of Palestinian citizens guaranteed by international law and international treaties, which is the right to adequate housing, within the following articles:
- Article 147 of the Fourth Geneva Convention:
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:
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.
- Article 33 of the Fourth Geneva Convention states:
- No protected person may be punished for an offence he or she has not personally Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
- Pillage is prohibited.
- Reprisals against protected persons and their property are prohibited.
- Paragraph ‘G’ of Article 23 of The Hague Convention of 1907 (warns against):
(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 the Universal Declaration of Human Rights:
Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.
[1] GIS – LRC
Prepared by
The Land Research Center
LRC
