Violation: demolishing an under construction house
Location: Al-Arrub camp- Hebron governorate
Date: 05/08/2015
Perpetrators: Israel Civil Administration and army
Victims: Citizen Khaled Al-Moghrabi
Details:
The Israeli occupation authorities on August 05, 2015 demolished a basement belonging to Citizen Khaled Al-Moghrabi in the area of Al-Buss, northeast Al-Arrub camp.
Moghrabi said that a force from the Israeli occupation army accompanied by a JCB dozer raided the area at 5:30 in the morning and embarked on demolishing and ravaging the basement, which was supposed to become a 120m2 house.
Photo1: the basement before demolition
Photo2: the basement after demolition
It should be marked that citizen Moghrabi started the works of construction on the basement in 2013 to be a home for his 7 member family including 5 children. On July 15, 2014, Moghrbi found a stop-work order left by his structure; the order compelled a halt of construction and the demolition of what has been so far built within a deadline of one week. The order came under the claim of “unlicensed construction” but the citizen did not object to the order, believing that the Israeli occupation will never grant him a building permit.Land Research Center has previously documented the orders served on Al-Moghrabi family and other families during the past year.
Land Research Center LRC sees that demolitions contradict with all the International conventions and Humanitarian laws including:
Article 17 of the (1948) Universal Declaration of Human Rights stating: “Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.”
Section ‹G› of article 23 of the (1907) The Hague Conventions asserting: “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 53 of the Geneva Fourth Convention (1948) declaring: “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.”
Section 1, Article 11 of the International Covenant on Economic, Social and Cultural Rights (1966): “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent."
Prepared by
The Land Research Center
LRC
