On the early morning of May, 17, 2016, the Israeli Army bulldozers protected by Israeli Occupation Forces stationed in Al-Mardares neighborhood northwest of Al-Khader town and started razing a piece of land in the neighborhood. The (1.7 dunums -1700 m2 Islamic Waqf owned land ) located nearby the school complex in the neighborhood.
It is worth pointed that a crews from what is so-called Israeli Civil Administration as well as a senior officers from the Israeli Army accompanied with the bulldozers during the razing. The Israeli Army claimed that the razing came under the pretext of protecting the Israeli controlled road #60 from “alleged Palestinian stone attacks”. More over the Israeli bulldozers demolished a retaining wall around the land during the razing. See the pictures below:
Photos for the razing captured by ARIJ fieldworkers
Map for the targeted land
Al-Khader town, a Palestinian community located some 4.5 kilometers east of Bethlehem city. It is bordered by Husan and Battir villages from the west and northwest, Al Doha and Beit Jala cities from the north and northeast, and Al Duheisha Refugee camp and Artas village from the south. The built-up area of Al- Khader village spreads on 601 dunums of land, about 3% of the village's total land area (20,090 dunums). The village is a home to 11,062 inhabitants (PCBS 2012), most of who work in the agriculture sector. The village's rich fertile soil has made farming and agriculture feasible on the land; therefore, agriculture has been and is still considered the major source of income for many families of the village.
Al Khader , is one among many Palestinian villages which were severely affected by the Israeli colonial and expansionist activities. Throughout the years of the Israeli occupation to the Palestinian territory, the village lost 2791 dunums (13.8% of the village's total area) of its lands for the construction of six illegal Israeli settlements. Furthermore, the Israeli Segregation Wall constitutes another Israeli colonial tool to loot as much lands as possible from Al-Khader village, where it stretches 6.7 km on the lands of the village and cuts most of the village's agriculture lands and open spaces behind it. When completed, the Segregation Wall will end up isolating 15,144 dunums (75.4%) of the village's total land area, including the Israeli settlements established on the village's land and annex them to Israel's property.
To Conclude
The Israeli colonial activities in all parts of the occupied Palestinian Territory an in all of its aspect constitute a circumvent over the international law rules and international legitimacy resolutions:
The Israeli expropriation of the Palestinian lands constitute a flagrant and grave breach for the International law rules and conventions (Art. 51 of the 1949 Geneva Convention II –Art. 147 of the 1949 Geneva Convention IV- Art. 53 of the 1949 Geneva Convention IV-Art. 23(g) of the 1899 Hague Regulations – the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Articles 13 and 17 and Article 12 of the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 19 December 1966 :-
Articles 147 of the Fourth Geneva Convention indicated that: Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. is a grave breach of the Convention.
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 53 of the same convention provides that 'any destruction by the Occupying power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities or social or cooperative organizations is prohibited, except where such destruction is rendered absolutely necessary by military operations.'
Article 147 of the convention considers 'extensive destruction and appropriate of property, not justified by military necessity and carried out unlawfully and wantonly' as a grave breach of the Convention and thus constitute a war crime.
Under 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.
Article 12' of the International Covenant on Civil and Political Right International Covenant on Civil and Political Rights. Adopted by the General Assembly of the United Nations on 19 December 1966: 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
Prepared By
The Applied Research Institute – Jerusalem
ARIJ