- Violation: Demolition of structures on the pretext of unlicensed structures.
- Location: An-Nabi Elias village / East Qalqilya.
- Date: 25/02/2019.
- Perpetrator: The Israeli occupation army and an officer from the civil administration.
- Victims: 2 families of the town.
Description:
In the early morning hours of Monday , Israeli troops and Bulldozers raided An-Nabi Elyas area, and started demolishing an agricultural room and an under construction home east of the town, close to by-pass 5 , on the pretext of building before getting proper licenses. The following table provides information about the damages:
Affected citizen |
Family members |
Under age |
Damages |
Hussain Ashour |
5 |
3 |
Under construction one-floor home / 120m2 |
Amer Ghnaim |
6 |
2 |
An agricultural of built of zinc and bricks 48 m2, an outer bathroom , and a kitchen 8 m2 |
total |
11 |
5 |
|
Issam Hanoun head of An-Nabi Elyas told LRC reporter:
“The targeted area is classified C according to Oslo convention, the area witnessed several attacks on the pretext of building before getting licenses from the occupation. Noteworthy, the demolished structures received military orders in November 2018 , the owners assigned a human right organization to follow up the case in the Israeli court , but the occupation insisted to demolish the structures.”
An-Nabi Elyas town like many Palestinian communities is targeted by Israeli attacks, due to the narrow built up area imposed by the occupation, people of An-Nabi Elyas are forced to build in area C which makes them subject to Israeli demolition , there are 14 notified facilities in An-Nabi Elyas area on the pretext of building without permission in area C.
About Nabi Elyas:[1]
It is located 6km to the east of Qalqiliya governorate and is edged by Izbbet Al-Tabib and Aslah villages from the east, Arab Abu Fardeh area from the west, Jayyous town from the north and Ras Tayreh from the south.
The village populates 1399 inhabitants (2017 census) that are relative to three main families namely ( Hannun, Khleif and Majd)
Nabi Elyas has a total area of 4435 dunums, of which 123 dunums are considered the village’s built-up area. Noteworthy, more than 2200 dunums of the area were isolated behind the apartheid wall and became subject to colonial activities of takeover and expansion.
International Conventions and agreements pertaining to house and residents demolition:
Article 147 of Geneva fourth convention : extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. ( it is considered a serious violation of the convention)
Article 53 of Geneva fourth convention that forbids destroying properties : 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 co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Article 33 of Geneva fourth convention: No protected person may be punished for an offence he or she has not personally committed.
Article 32 of Hague convention 1907 part g: To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Article 17 of Universal declaration of human rights 10 –Dec- 1948: No one shall be arbitrarily deprived of his property.
[1] GIS-LRC
Prepared by
The Land Research Center
LRC