Violation: demolition of a residence
Location: Qabatiya town- Jenin
Date: December 01 , 2017
Perpetrators: Israel's Occupation Forces
Victims: family of prisoner Zaid Abu Rub
Details:
At the early hours of December 01, 2017, Israel's Occupation Forces accompanied by military bulldozers raided Qabatiya town in Jenin, closed the area and brought down the house of prisoner Mohammad Abu Rub (19). Reportedly, the attacking force demolished the family house that is one-story residence with a total area of 120m2. The house was home for five member family including the prisoner's parents and brothers.
Noteworthy, the Israeli Occupation Authorities notified the house of demolition on October 26, 2017. At time, a special team of explosives arrived at the place and took measurements for the house, preparing to detonating it. The family filed a plea to halt the demolition but Israel Supreme Court rejected it and validated the demolition to take place on November 22, 2017.
Photos 1-3: the rubbles of Abu Rub family house
In the same context, Israeli Occupation Forces notified the house of citizen Tawfiq Kamil of demolition. The two story house is of 280m2 in area. The reason the occupation notified the house is that the family of prisoner Abu Rub leased the house from the owner, who later objected to the order and managed to halt the demolition order.
Reportedly, the Israeli Occupation Forces demolished in 2016 four houses in Qabatiya town on "security claims".
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
