- Violation: demolishing a house under construction.
- Location: Umm al-Rihan village/ Jenin governorate.
- Violation date: 26/07/2022.
- The aggressor: the so-called civil administration of the occupation.
- Affected party: Citizen Jihad Omar Muhammad Zaid.
Violation details:
On Tuesday morning, (26/07/2022), the Israeli occupation authorities stormed the village of Umm al-Rihan, located to the west of Jenin, specifically behind the annexation and expansion wall, and proceeded through a civilian bulldozer that was accompanying them to carry out a demolition operation that affected a house under construction with an area of (180 m²), and consists of one floor, where the house was in the phase of columns and fixtures for its roof.
It is owned by Jihad Omar Muhammad Zaid, a resident of Umm al-Rihan village, who is a responsible of a family of (6) members, including (4) females, and (4) children. Noting that the affected citizen suffers from several problems of pressure and diabetes in addition to various mental illnesses.
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Photos 1-3: From the demolition of the house
The wife of the victim, Mrs. Samira Kamel Zaid (46 years), told the field researcher:
“We started building the house four years ago, but we actually do not have the money to complete the construction of the house, as my husband does not work, and I work as a correspondent in a nearby school. We tried with all official and private channels to prevent the demolition of the house, but to no avail”.
It is worth mentioning that the so-called construction inspector of the Israeli occupation notified the house to stop construction in December of the year 2021, in light of this the owners have prepared the legal file for the licensing, but the occupation refused the request for a license, and notified the house of demolition after two months, and at the beginning of the current month of July it was notified again with demolished and removed order within a period of 96 hours only, according to Military Order No. 1797, where the house was recently demolished.
Photo 4: the advancing process of applying for a license of the house
It is noteworthy that the Israeli occupation imposes severe restrictions on construction inside this isolated residential community behind the apartheid wall, in an attempt by the occupation to empty the area of its residents, forcing a number of families who were living there to leave the area and go to live in surrounding sites and villages to escape from the harassment which they continually face.
In addition, the village of Umm al-Rihan is located 21 kilometers southwest of Jenin, and its population is 600, all of whom are from the al-Kilani family. Umm al-Rihan land area is 1,200 dunams isolated behind the apartheid wall, and the occupation controls part of it for the benefit of the “Shaked” settlement, noting that Umm al-Rihan’s lands are registered within the basins of the town of Ya’bad.
The isolated village suffers from the lack of services provided to it, in addition to the fact that the village is surrounded by settlements and the occupation prevents any expansionary urban activity in the village, the occupation insists on preventing any modification or addition to the structural plan that does not meet the minimum level of urban expansion.
Legal Feedback:
The demolition of Palestinian homes and facilities by the occupation authorities comes within its violations of international and humanitarian law, and a violation of a right of Palestinian citizens guaranteed by international law and international treaties, which is the right to adequate housing, within the following articles:
- Article 147 of the Fourth Geneva Convention, which states 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”.
- Article 53 of the Fourth Geneva Convention of 1948 “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”.
- Article 33 of the Fourth Geneva Convention states:
- No protected person may be punished for an offence he or she has not personally committed.
- Collective penalties and likewise all measures of intimidation or of.
- Paragraph ‘G’ of Article 23 of The Hague Convention of 1907 warns against “the destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war”.
- Article 17 of the Universal Declaration of Human Rights, dated December 10, 1948, states that “Everyone has the right to own property alone as well as in association with others”.
Prepared by
The Land Research Center
LRC
