Table 1 : Details of the demolished structures in An-Nwei’ma
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No
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Name
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Family Members
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No. of targeted Structures
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Type of structure
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Area- m2
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|
1
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Saleh Mohammad Hussein Az-Zayed
|
6
|
1
|
Residential
|
100
|
|
2
|
Deifallah Mohammad Hussein Az-Zayed
|
3
|
1
|
Residential
|
100
|
|
3
|
Suleiman Mohammad Hussein Az-Zayed
|
7
|
1
|
Animal shed
|
110
|
|
4
|
Hussein Mohammad Hussein Az-Zayed
|
8
|
1
|
Residential
|
120
|
|
5
|
Ibrahim Mohammad Hussein Az-Zayed
|
4
|
1
|
Residential
|
90
|
|
6
|
Tayseer Mohammad Treif Rashayda
|
4
|
1
|
Residential
|
30
|
|
7
|
Isma’eel Mohammad Treif Rashayda
|
3
|
1
|
Residential
|
35
|
|
8
|
Saleh Mohammad Treif Rashayda
|
2
|
1
|
Residential
|
40
|
|
9
|
Mahmoud Treif Rashayda
|
7
|
1
|
Residential
|
40
|
|
10
|
Samir Mohammad Treif Rashayda
|
5
|
1
|
Residential
|
50
|
|
Total
|
49
|
10
|
*****
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Source: ARIJ Field Workers
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- According to the Fourth Geneva Convention of 1949, Israel, as an occupying power is prohibited to demolish Palestinian houses as stated in Article 53 of the Convention which 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.
- Moreover and according to article XXXI of the 1995 Oslo agreement, Israel,is forbidden from building or planning to any project or settlements or any colonial expansion or any plan that lead to change the status of the West Bank and Gaza Strip. The article provides ‘Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations’.
- Also the International Convention on the Elimination of All Forms of Racial Discrimination (1965), Article 5 provides that: ‘States’ Parties 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’.
- The Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Article 17 reads: ‘No one shall be arbitrarily deprived of his property.’ Which means it bans Israel from destroying or confiscating the property of the Palestinians at any case.
- Moreover Art. 23 of the Hague Convention of 1907 also provides: In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.
- ‘Article 12’ of the International Covenant on Civil and Political Rights Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
- 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’.