On the ninth of February 2011, the Israeli occupation Authorities verbally notified a number of Palestinian families in Kherbit Yerza in Tubas Governorate in the northern valleys of their intention to destroy at any time, a number of buildings and facilities in kherbit Yerza without pre-notice under the pretext that the families’ presence in the area is illegal. It is worth mentioning that the Israeli Occupation Authorities has for several times warned residents of Kherbit Yerza to evacuate the area under the pretext that it is a ‘closed military area’ and residents are not allowed to continue living in it. The IO authorities also hindered residents of Kherbit Yerza from building in the area under the same pretext and prevented any means that could possible alleviate the suffering of the citizens such as installing electricity grid, water systems or even road rehabilitation.
The number of threatened families in Kherbit Yerza is ten and the threatened structures are 18 and include tents, tin shacks, animal barns and fodder stores. Table no. 1 gives details of the threatened structures in Kherbit Yerza and their owners:-
Table 1: Details of threatened Structures in Kherbit Yerza in Tubas Governorate
|
Name of threatened Owners
|
No. of family members
|
No. of residential structures
|
No. of agricultural facilities
|
Notes
|
Na’im Hafez Ahm,ad Masa’id
|
6
|
–
|
2
|
|
Fawzi Mahmoud Mufdi ‘Anbousi
|
8
|
–
|
3
|
Structures are used for animal raising
|
Muhammad Mahmoud Ibrahim Masa’id
|
4
|
–
|
2
|
Structures are used for animal breeding
|
Khaled Muhammad Mahmoud Masa’id
|
8
|
–
|
2
|
Structures are used for animal breeding
|
Hafez Na’im Hafez Masa’id
|
5
|
–
|
2
|
Structures are used for animal raising and storing fodder
|
Fayez Hamed Abed Daraghmeh
|
5
|
2
|
1
|
|
Hasan Khalid Mahmoud Daraghmeh
|
6
|
–
|
1
|
|
Mahmoud Fawzi Mahmoud ‘Anbousi
|
9
|
–
|
1
|
|
Amir Khaled Mahoud ‘Anbousi
|
6
|
–
|
2
|
|
Sami Khaled Mahmoud ‘Anbousi
|
6
|
–
|
2
|
|
Source: Applied Research Institute – Jerusalem, ARIJ 2011
|
It is worth mentioning that Kherbit Yerza has been targeted twice during the last six months. On the 30th of July, 2011, the Israeli Civil Administration gave six Palestinian families in Kherbit Yerza military orders to halt the construction at their structures and the only Mosque in the Kherbit allegedly for building without license, due to their location in the area classified as ‘C area’, which under Oslo II agreement of 1995, falls under the Israeli sovereignty. Table no. 2 gives details of the threatened structure in Kherbit Yerza in July 2010:-
Table 2: Details of threatened Structures in Kherbit Yerza in Tubas Governorate, July 30, 2010
|
No.
|
Threatened Owner
|
No. of Structures
|
Area (m²)
|
Family members
|
Type of Structure
|
1
|
Hafez Na’im Masa’id
|
1
|
130
|
4
|
Animal Barn
|
2
|
Na’im Hafez Masa’id
|
1
|
145
|
8
|
Animal Barn
|
3
|
Fawzi Mahmoud ‘Anbousi
|
1
|
150
|
10
|
Animal Barn
|
4
|
Mas’ad Sharayda
|
1
|
70
|
4
|
Animal Barn
|
5
|
Health Facilities
|
1
|
14
|
|
|
6
|
Kherbit Yerza Mosque
|
1
|
100
|
|
|
7
|
Hasan Khaled ‘Anbousi
|
1
|
150
|
6
|
Animal Barn
|
8
|
Muhammad Mahmoud Masa’id
|
1
|
150
|
3
|
Animal Barn
|
Total
|
8
|
909
|
35
|
Six animal barns, a Mosque and Health facilities
|
Source: Land Research Center – Jerusalem, 2010
|
Also on the 25th of November 2011, the Israeli Occupation Authorities targeted Kherbit Yerza for the second time and demolished the only Mosque in the village in addition to 27 structures that were used as agricultural facilities, fodder stores and animal barns. The Israeli authorities justified the demolition process for unlicensed building due to their location in an area classified by the Israeli authorities as ‘Closed Military Area’. Table 3 gives details of the demolished structures in Kherbit Yerza in Tubas Governorate:-
Table 3: details of the demolished structures in Kherbit Yerza in Tubas Governorate, November 2010
|
No.
|
Name of Threatened owner
|
no. of family members
|
No. of animals
|
Damages
|
Barracks
|
Facilities
|
|
others
|
1
|
Mas’ada Sharayda
|
15
|
65 cows
|
1
|
1
|
1
|
A residential structure
|
2
|
Fawzi Mahmoud Mafdi ‘Anbousi
|
6
|
250 sheep and 15 cows
|
4
|
1
|
—
|
—
|
3
|
Mahmoud Fawzi ‘Anbousi
|
9
|
30 sheep
|
1
|
–
|
–
|
–
|
4
|
Muhammad Mahmoud Hafez Masa’id
|
3
|
140 sheep, 5 cows
|
3
|
—
|
—
|
—
|
5
|
Hafez Na’im Hafez Masa’id
|
5
|
50 sheep
|
2
|
1
|
1
|
|
6
|
Na’im Hafez Masa’id
|
5
|
100 sheep, 15 cows
|
2
|
|
1
|
120 kg fodder
|
7
|
Hasan Khaled Mahmoud Daraghmeh
|
6
|
80 sheep
|
2
|
1
|
|
–
|
8
|
Sami Khaled Mahmoud Daraghmeh
|
5
|
80 sheep
|
2
|
—
|
—
|
180 kg fodder and a water tank (60 cubic meter)
|
9
|
Ameer Khaled Mahmoud Daraghmeh
|
6
|
45 cows
|
3
|
—
|
—
|
Half-ton bales and 300 kg of barley
|
10
|
the Only Mosque in Kherbit Yerza and its facilities
|
0
|
|
—
|
|
|
|
|
Total
|
60 People
|
145 cows, 730 sheep.
|
20 Barracks
|
4 facilities
|
3 Tabons
|
600 kg fodder and half-ton bales of straw, a shelter, and a water tank
|
Source: Land Research Center –Jerusalem (LRCJ 2010)
|
About Kherbit Yerza
Kherbit Yerza, a Palestinian community located 6 km to the east of Tubas city, in the north-eastern part of Jordan Valley. It is bordered by Al Malih community to the east, Al ‘Aqaba village to the north, Tubas city to the west and Al Buqai’a Valley area to the south. See Map 1
Map 1: Kherbit Yerza -Tubas Governorate
To conclude
The Israeli actions and policies in the Jordan Valley constitute clear violation of international humanitarian law and clearly indicate the Israeli intention to retain control over the land as Israel has always and aggressively pursued settlement expansion in the Occupied West Bank and in particular in the Jordan Valley area which resulted in the confiscation and expropriation of lands and properties. These actions also aim at hindering any Palestinian urban expansion in the area and impeding any economic development through the expulsion of Palestinian farmers from their lands and the demolition of their facilities.
These violations do not differ much from those taking place in the rest of the West Bank Governorates, most especially in East Jerusalem, because they all aim at displacing Palestinians from their places of residence and seizing their lands and their properties to build settlements, construct bypass road, and establish military bases to strengthen Israel’s presence in the Occupied Territory.
Article 147of the Fourth Geneva Convention states: “
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing …willfully causing great suffering or serious injury to body or health …. Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.” Also
Article 7 of the Universal Declaration of Human Rights states that ‘
all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.‘
Article 53 of the fourth Geneva conventions of 1949 states that ‘
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.’ ; and
Article 33 of the fourth Geneva conventions of 1949 states that ‘ No protected person may be punished for an offence he or she has not personally committed. 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.‘ states that ‘ ‘
[1] a circular hole in the groundwhere food is putto be roasted
[2] Article 147 of the Fourth Geneva Convention
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