“On the verge of Eviction and demolition”
A series of demolition and stop construction orders hit Palestinian communities in the southern Hebron Hills

Since the beginning of the year 2016, Israel has escalated its deliberate policy of home demolitions in occupied West Bank mainly under the pretext of unlicensed building or what has been referred to as “ Israeli Firing or Combat Zones”. Of the most targeted Palestinian areas were occupied east Jerusalem, the Jordan Valley area and the  southern Hebron hills.  This case study will highlight the serious grave breach committed by the Israeli occupying authorities in the southern Hebron hills in the occupied West Bank during the month of February 2013, where several Palestinian residential structures, animal shelters, toilets, solar panels were targeted with demolition and stop construction orders. Below is a chronology of events that took place in the southern Hebron Hills communities:-

On the 8th of February 2016, the Israeli occupying Authorities delivered stop work orders to five Palestinian families in Kherbit Al Majaz community in the southern Hebron Hills justifying the act on the grounds that the structures were built in the area classified by Israel as “Firing or Combat Zone 918”; two other families in Kherbit Al Majaz community were given final demolition orders stating the demolition and evacuation of their homes and structures within seven days from the issuance date of the military orders.

Regarding the five other families, orders stated that the Israeli inspection subcommittee will discuss in its session to be held on the 2nd of March 2016 in Beit El court whether to demolish the existing facilities or restore the area to its previous status with regard to its jurisdictions given to it by the Israeli City, Village, and Building Planning Law no. 79 of 1966[1].  Table 1 gives details of the threatened homes and structures in Kherbit Al Majaz community:-

Again on the 18th of February 2016, the Israeli occupying Authorities served Palestinians in Kherbit Al Mirkaz in the southern Hebron hills 9 stop construction  orders  justifying them on the grounds that the structures were also built in the area classified by Israel as “Firing or Combat Zone 918”. According to the orders, the Israeli inspection subcommittee will discuss in its session to be held on the 16th of March 2016 in Beit El court whether to demolish the existing facilities or restore the area to its previous status with regard to its jurisdictions given to it by the Israeli City, Village, and Building Planning Law no. 79 of 1966. Owners of the threatened structures were identified as Nabeel Hussein Jabareen, Ali Muhammad Jabareen, Musa Ibrahim Abu Younis, Issa Younis Abu Younis, Issa Ahmad Issa Younis, Maher Ahmad Issa Younis, Mahmoud Ahmad Issa Younis and Ibrahim Ahmad Issa Younis. Table 2 gives details of the threatened structures in Kherbit Al Mirkaz

Few days later, on the 21st of February 2016, The Israeli occupying Authorities  targeted another community in the southern Hebron Hills, and served Palestinians families living in Kherbit Al Fakheit community with 11 stop construction orders under the same pretext. Note that the three targeted communities in the southern Hebron Hills are among eight other Palestinian communities in the area that are threatened of demolition and evacuation;

Map 1: The trageted Palestinian structures in the southern Hebron Hills Communities

In July 2012, the Israeli “ex-defense minister”, Ehud Barack, ordered[2] the evacuation and demolition of eight Palestinian communities out of twelve in the southern Hebron Hills in the occupied West Bank because the land is needed for what Israel identifies as “Israeli Defense Forces Training Exercises” and Israel regards these communities as unlawful residents living in the Israeli so-declared area “Firing or Combat Zone 918”. The villages slated for evacuation and demolition are identified as Kherbit Al Majaz, Kherbit At Tabban, Kherbit Asfai, Kherbit Al Fakheit, Kherbit Al Halaweh, Kirbet Al Mirkez, Kherbit Janba, and Kherbit Al Kharuba  Asfai which have a total population of around 1,500 Palestinians. Table 3 gives details of the threatened structures in the community of Kherbit Al Fakheit

Note that on the 2nd of February 2016, the Israeli bulldozers demolished homes and other structures owned by Palestinians in Kherbit Janba, Kherbit Al Halaweh and Kherbit Al Fakheit communities in the southern Hebron Hills, and leveled them to earth. For more information, click here: Citing "Firing Zone 918" as a pretext to demolish Palestinian homes and structures in the occupied West Bank , "The case of the southern Hebron Hills"

The Israeli so-declared “Firing Zone 918”

An area in the southern Hebron Hills designated by the Israeli Occupation Authorities ” as “Firing or Combat Zone 918”. It is spread over 30,000 dunums of land and is home to approximately 1,300 Palestinians. The area is comprised of 12 Palestinian communities, identified as: Kherbit Tuba, Kherbit Mufaqara, Kherbit Asafi, Kherbit Al Majaz, Kherbit At Tabban, Kherbit Al Fakheit, Kherbit Maghayer Al-Abeid, Kherbit Al Halaweh, Kherbit Al Mirkez, Kherbit Janba, Khallet Al-Dab’a and Kherbit Sarura. Eight of these villages, with around 1,000 residents, face eviction.

The Israeli decision to target the aforementioned Palestinian communities comes with regard to previously issued military orders, namely military order number 271 which was issued in 1968 and designates the southern Hebron hills area along with other areas in the occupied West Bank as “Firing or combat Zones”; and the Israeli military order number 378 which was issued in 1970 and declares the area as “Closed Military Zone” to prohibit Palestinian building and development in the area. For more information about “Firing Zones” in the occupied West Bank, click here: Ecstasy vs. Siesta: Israel Ecstatic vs. International Community Siesta & the Two-State Solution RIP

The Israeli Demolition campaign in International Law

Israel continues to displace Palestinian communities with relentless demolishing campaigns in violation of international law, with an overall Israeli state policy to impose facts on the ground, and drive Palestinians out of the area to make room for its colonial plans.  

Israel designates vast areas of Palestinian land in the occupied West Bank as Military areas or Combat zone while the fact that Israel seeks to reserve this land for future settlement expansion despite the fact that it is undermining the Palestinian Urban expansion and developement.

The Fourth Geneva Convention of 1949, article 49, paragraph 6 states that 'the occupying power shall not deport or transfer parts of its own population into the territories it occupies.' 

Article 53 of the same Convention also prohibits '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 Hague Regulations of 1907, Article 23 of which prohibits the destruction or seizure of occupied property, unless it is imperatively demanded by military necessity.   

United Nations Security Council Resolution 242 (1967) which requires Israeli armed forces to withdraw from 'the territories occupied' in the 1967 war, including the West Bank and Gaza Strip. 

United Nations Security Council Resolution 452 (1979) which calls upon 'the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.'  

United Nations Security Council Resolution 465 (1980) which 'Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure of status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of setting parts of its population and new Immigrants in those territories constitute a flagrant violation of the fourth Geneva convention relative to the protection of civilian persons in time of war and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

[1]  The City, Village, and Building Planning Law no. 79 of 1966 was amended by Israel following the 1967 occupation of the West Bank and the Gaza on the basis of Military order No. 418 to comply with Israel's interests to gain a free hand in controlling land in the occupied Palestinian territory for the various colonial purposes. 

[2] Israel orders demolition of 8 Palestinian villages, claims need for IDF training land
http://www.haaretz.com/misc/article-print-page/israel-orders-demolition-of-8-palestinian-villages-claims-need-for-idf-training-land-1.453015

Prepared by:
The Applied Research Institute – Jerusalem