On Monday, the 10th of October, 2011, a number of Israeli bulldozers accompanied by armed Israeli Army jeeps stormed Al Jab’a village southwest of Bethlehem city, closed all entrances leading to it, and demolished the 120 square meters under-construction house of Nasr Al-Din Hasan Al-Tos in Al Madaris area (Schools area) under the pretext of being built without a valid building. The demolished house is located in the area classified as ‘C’, which according to OSLO II Interim agreement of 1995, Israel have full control over the administrative and security issues and Palestinians are obliged to get a permit from the Israeli Civil Administration in the West Bank for any kind of construction or land utilization, otherwise the construction is considered illegal.
It is worth mentioning that On the 28th of June, 2011, Mr. Naser Al-Din Al Tos (a father of 13 member’s, 3 of them are handicapped) received a notification from the Israeli Civil Administration holding number 147647 to halt the construction of his house under the same pretext. The under-construction house already cost Mr. At Tos 50,000 (around USD 14,000). Below are some photos of Tos Family house before the demolition took place & the Military Order:
Military Order
Photos of Tos Family house After the demolition:
Al Jab’a Village, Location and Population:-
Al Jab’a Village is located 12.5 km to the southwest of Bethlehem city and 15 km to the northwest of Hebron city. It has a total area of 7,969 dunums; of which, 152 dunums constitute the built-up area. It is bounded by the 1949 Armistice Line (Green Line) from the west, the settlements of Gava’ot, Rush Tzurim and Beit ‘Ayn from the east, the settlement of Betar Ilit from the north and the city of Surif from the south. According to OSLO II Interim agreement of 1995, the lands of Al Jab’a village lands were classified into areas B& C, where areas classified as ‘B’ are those lands where Palestinians have full control over the civil administration and Israel continues to have overriding responsibility for security; while areas classified as ‘C’ are those lands where The Palestinians have responsibility for civil life such as economics, health, and education; while, Israel retains full control over security and administration related to the territory.Table 1 shows the classification of Al Jab’a village lands according to Oslo II Interim Agreement of 1995:-
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The geopolitical status of Al Jab’s village lands according to Oslo II Interim Agreement of 1995
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| Area-Dunums | Land Classification |
| 0 | Area A |
| 240 | Area B |
| 6880 | Area C |
| 7120 | Total |
| Source: Geographical Information System- ARIJ 2011 | |
Map 1: Al Jab’a village lands
Source: Geaographical Information System (GIS) – ARIJ 2011
The geopolitical status of Al Jab’a village
The village of Al Jab’a is surrounded on All Sides with Israeli settlements and its residents Live in Fear because they are always vulnerable to attacks by Israeli settlers who live in these settlements. Table 2 lists the Israeli settlements surrounding Al Jab’a village
| Table 2: Israeli settlements surrounding Al Jab’a village | |||
| Area (Dunums) |
Date of Establishment |
Population2008-2009 | Settlement’s Name |
| 135 | 1984 | 55 | Gava’ot |
| 893 | 1969 | 550 | Rush Tzurim |
| 700 (where 592 dunums of Beit ‘Ayn’s settlement) were established on lands of Al Jab’a village | 1989 | 950 | Beit ‘An |
| 4686 | 1985 | 36400 | Betar Ilit |
| Total | |||
| Source: ARIJ Database 2011 | |||
Previous Israeli attacks at Al Jab’s village Lands & Properties
On April 18, 2007, the Israeli occupation army handed out six new Israeli military warnings to residents of Al Jab’a village southwest of Bethlehem city to stop constructions at their properties under the pretext of being built without permits. The houses are located in Area ‘C’, which falls under the full Israeli Control and are owned by: Hasan Ahmad Abdel Latif Abu Sobhiyeh, Yehya Musa Muhammad Abu Loha, Khaleel Ahmad Musa Masha’la, Ahm,ahmad Mu’ez Ad Din Ibrahim At Tuos, Abdel Rahim Ali Abdel Hameed At Tuos and Mahmoud Darwish At Tous.
On February13, 2009, the Israeli Civil Administration handed 2 military orders to residents of Al Jab’a village. The first order holds number (09/11) and tended to uproot 300 olive trees under the pretext that the trees where planted in areas classified as ‘closed military areas’ and and therefore Palestinians are forbidden to use and invest them in any way. The second military order holds number (378) with the regard to security instruction ‘Judea and samaria’ number 378 of the year 1970′ and stated the confiscation of 940 dunums of lands to expand Al Jab’a checkpoint, and transfer it to a commercial crossing.
Al Jab’a village and the Israeli Segregation Wall plan
The latest revised wall route published on the Israeli ministry of defense website on April 2007 showed that Al Jab’a village along with a number of Palestinian villages in western rural area of Bethlehem Governorate (Nahhalin, Wad Fukin, Battir, Husan, Khallet ‘Afaneh, Khallet Beit Skaria and Khallet Al Balluta) will be trapped in one enclave located between the segregation wall path and the 1949 Armistice line (Green Line) and isolated from the center of life in Bethlehem city. The enclave will also encompass the Israeli settlement bloc of Gush Etzion.
Map
The demolition of houses under International law
By the Fourth Geneva Convention and Hague Regulations, the Israeli demolition of Palestinian houses and properties is a grave breach. Article 53 & 149 of the Fourth Geneva Convention 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. The International Convention on the Elimination of All Forms of Racial Discrimination (1965) Article 5 provides that: ‘States’ or Parties must undertake to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (e) in particular … (iii) the right to housing’. In the year 2004 the United Nations Security Council called on Israel to stop demolition of Palestinian homes under Resolution No. 1544-(2004), the resolution states: ‘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’. Article 49 of the Hague Conventions of 1907 states that ‘Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
By the Fourth Geneva Convention and Hague Regulations, the Israeli demolition of Palestinian houses and properties is a grave breach. Article 53 & 149 of the Fourth Geneva Convention 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. The International Convention on the Elimination of All Forms of Racial Discrimination (1965) Article 5 provides that: ‘States’ or Parties must undertake to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (e) in particular … (iii) the right to housing’. In the year 2004 the United Nations Security Council called on Israel to stop demolition of Palestinian homes under Resolution No. 1544-(2004), the resolution states: ‘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’. Article 49 of the Hague Conventions of 1907 states that ‘Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
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