Introduction:-
During the course of the Al-Aqsa Intifada, which erupted back in September 2000, Israel adopted unprecedented house destruction policy of Palestinian houses in the Occupied Territory, which resulted is the destruction of 6,755 Palestinian houses until August 2006 (ARIJ database). The Israeli Army carry out the demolition process of Palestinian houses based on three types of pretexts, they are:
1.Clearing operation: the bulk of the Israeli Army demolitions is carried out in this context, which according to the Israeli Army conform with the Army’s right under the pretext of “military needs”. This kind of operations is carried out primarily in the Gaza Strip: along the Egyptian border, which passes through Rafah governorate and refugee camp; in addition at areas located near Israeli settlements, Army posts and alongside roads used by settlers and IDF forces.
2.An administrative demolition is the second approach-employed by Israeli to carry out Palestinian house demolition in the occupied territory. The administrative demolition process is based on an invalid pretext, which is building without a permit. These demolitions take place in Area C in the West Bank, where Israel retains administrative authority. The Israeli Army has resorted to demolition of Palestinian houses also as a collective punishment procedure against members of Palestinian resistance groups; even though they were only members of the targeted house holds, but the demolition is intended to inflect punishment on the families of the resistance groups.
It should be noted that the Israeli Army is recognized as an occupation Army, thus it lacks an authority on civilian concerns and any thing other than that based on military and only after it is justified; as stated in Article 53 of the Fourth Geneva Convention of 1949.
Article 53: '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.'
Under international law, Israeli has no administrative civilian control over the territory it occupies, which means that the Israeli Army is not entitled to look into building license or any thing else for the matter. The demolition of Palestinian houses and the destruction of agricultural land cause extensive damage to the civilian population, which will bear the consequences for many years to come.
After the Israeli military operation against Gaza Strip in June, 25, 2006, the number of houses demolished in the Gaza Strip has dramatically increased to bring the total number of houses demolished there since the beginning of this year to 71 (until the end of August), bringing the total number of Palestinian house demolished in the Gaza Strip since the beginning of the Intifada back in September 2000 to a total of 2826 Palestinian houses.
The Israeli aggressiveness against Palestinian houses in the West Bank was also visible and painful as the Israeli Army demolished some 70 houses since the beginning of 2006 until the end of August this year bringing the total number of houses demolished since the beginning of the Intifada to 3755 Palestinian houses. The following table and chart gives an indication to number of houses demolished in the West Bank and Gaza each year.
Table of the Palestinian houses demolished by the Israeli Occupation Forces in the West Bank & Gaza Strip since 2000- August 2006
|
Houses demolished in the West Bank and Gaza from September 2000 until 2006 |
|||
|
Year |
Houses Demolished in the West Bank |
Houses Demolished in the Gaza Strip |
Total |
|
2000 |
25 |
— |
|
|
2001 |
89 |
308 |
|
|
2002 |
495 |
173 |
|
|
2003 |
1301 |
1040 |
|
|
2004 |
1585 |
1191 |
|
|
2005 |
190 |
43 |
|
|
2006* |
70 |
71 |
|
|
Total |
3755 |
2826 |
6581 |
* Until the end of August 2006
Conclusion:-
Under the Fourth Geneva Convention of 1949, Occupying Powers are prohibited from destroying Palestinian property or employing collective punishment except where such destruction is rendered absolutely necessary by military operations, and any extensive destruction of property on the Occupied Territories without military necessity constitutes a “War Crime’’. Article 147 of the Convention provides 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.
In the year 2004 the United Nations Security Council called on Israel to stop demolition of Palestinian homes under resolution No. 1544-(2004), the resolutions provides that: 'The Security Council called on Israel to respect its obligations under international humanitarian law, particularly the obligation not to undertake home demolitions contrary to that law'.
The Israeli methodic house destruction policies flagrantly violates the International humanitarian law, and the International law and conventions and United Nations resolutions, thus constituting 'Organized State Terrorism' and 'War Crime' against the people they occupy.
Prepared by
The Applied Research Institute – Jerusalem
ARIJ
