- Violation: demolition of a residence
- Location: Al-Jabal Al-Shamali area- Nablus
- Date: October 11, 2016
- Perpetrators: Israeli Occupation Forces
- Victims: family of the prisoner
Details:
At the early hours of October 11, 2016, a massive force from the Israeli occupation army raided Al-Jabal Al-Shamali area in Nablus city and encircled the house of prisoner Amjad Ileiwi, who is accused of carrying out an attack against two colonists from Itamar colony.
It should be marked that the demolished structure is an apartment located in the second floor of an eight floor building (16 apartments). Noteworthy, the occupation used heavy manual tools to demolish the 170m2 apartment, which was home for 10 members including 6 children. As a result, the family was rendered homeless.
The brother of prisoner, Ahmad, told Land Research Center the following:
" The force intentionally broke into the building at night and evacuated the residents out in the cold. They cut the power off of the building and traumatized kids and women before carrying out the demolition"
It is reported that Amjad was arrested two days after the alleged attack on Itamar colonists. The family of Amjad received a decision from Israel Army Command, stating the demolition of the residence. After three sessions at Israel Supreme Court, which the family sought to object to the demolition order, the court ruled on October 01, 2016 the demolition of the house , giving the residents a four day deadline to evacuate.
It is also reported that the occupation demolished on November 14, 2015 three residnecs relative to citizens allegedly accused of taking part in the attack on Itamar colonists. The affected, who are imprisoned now, are Karam Al-Masri, Samir Al-Kousa and Yahya Hajhamd.
On December 2015, the occupation demolished another residence owned by prisoner Ragheb Ileiwi, who was also accused of taking part in the attack on Itamar colonists.
Today, the last suspect in the attack got his residence demolished.
Since Al-Aqsa uprising of 2015 until the date of this report, Israeli Occupation Forces demolished 49 residences, of which 19 were demolished in 2015 where the rest were demolished in 2016. Demolitions were carried out as a collective punishment on the families of attackers and prisoners. 252 persons including 91 children were rendered homeless as a result. Closing and detonating houses also caused 57 residence to get partially damaged and uninhabitable.
The graph illustrates the number of demolished residences on the claim of "Security Purposes"
in West Bank and East Jerusalem since September 2015 until October 11, 2016
It should be marked that the order was issued in reference to the British Emergency Law for the year 1945, taking into consideration that this law was abolished. “Confiscation and demolition” according to article 119 of the law indicates that it is not allowed to re-construct in the demolition location. The body of the article is as follows:
Regulation 119 of the Defence (Emergency) Regulations, 1945
PART XII – MISCELLANEOUS PENAL PROVISIONS
Regulation 119 – Forfeiture and demolition of property, etc. 119.
(1) A Military Commander may by order direct the forfeiture to the Government of Palestine of any house, structure, or land from which he has reason to suspect that any firearm has been illegally discharged, or any bomb, grenade or explosive or incendiary article illegally thrown, or of any house, structure or land situated in any area, town, village, quarter or street the inhabitants or some of the inhabitants of which he is satisfied have committed, or attempted to commit, or abetted the commission of, or been accessories after the fact to the commission of, any offence against these Regulations involving violence or intimidation or any Military Court offence ; and when any house, structure or land is forfeited as aforesaid, the Military Commander may destroy the house or the structure or anything on growing on the land.
(2) Members of His Majesty's forces or of the Police Force, acting under the authority of the Military Commander may seize and occupy, without compensation, any property in any such area, town, village, quarter or street as is referred to in subregulation (1), after eviction without compensation, of the previous occupiers, if any.
Land Research Center LRC sees that demolitions contradict with all of 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."
Land Research Center sees the vicious attack on Palestinian buildings as a collective punishment against the families of martyrs and prisoners. The occupation seeks to traumatize and humiliate Palestinian families through such practices.
The Israeli government claims such orders to be deterrent for Palestinians who carry out stabbing or killing attacks. Such attacks come in response for colonists’ attacks on Palestinians, the latest of which was represented in torching a family alive, not mentioning running over kids and women, attacks on trees (torching , cutting down, robbing) and lands confiscation.
Prepared by
The Land Research Center
LRC
