- Violation: Confiscation of park properties.
- Date: August 31st 2022.
- Location: As-Sindas Mountain / Hebron city.
- Perpetrators: The Israeli Civil Administration.
- Victims: Citizen Yusri Aj-Jamal.
Description:
Wednesday , August 31st 2022 , the Israeli Occupation Authorities confiscated properties belong to citizen Yusri Aj-Jamal on the pretext of building without a license.
Aj-Jamal said that a massive army force accompanied by border guards and the Civil Administration raided the area, encircled the location , dismantled the properties and withdrew.
Noteworthy, Aj-Jamal owns a plot with a total area of 4.5 dunums , that he rehabilitated and planted with trees , in order to establish a park , that might provide entertainment for the neighborhood and money for the family.
The Owner as part of the project established 12 plastic bubbles fixed on the floor , some of them were used for resting with tables and chairs inside, and other were planted with flowers (each bubble is almost 12 m2).
Photos 1-4: the park and the plastic bubbles before being destroyed
He also built outdoor bathrooms of bricks , with a total area of 6 m2, but the occupation authorities forced him to demolish them in August 18th 2022.
The Occupation Authorities Came back to the location unannounced, they cut the plastic bubbles and took them on a truck, and confiscated metal containers with a total area of 15 m2, that contained an air conditioner and a computer.
Photos 5-8: confiscating properties of the park
The troops confiscated the properties and left a written notice at the location , informing that the confiscated properties will be kept In Kfar ‘Etzion colony , the owner may take them back in 30 days after paying a large fine , or otherwise the properties will be offered in auction for Israeli “citizens”.
Photo 9 : The Confiscation Notice
Aj-Jamal supports a family of 6 , four of them are children , and 2 are females, and he made this project to provide a source of income for the family.
The targeted plot is located to the south of bypass 60 , and overviews the illegal colony “Beit Hagai” to the west.
Legal Commentary:
The demolition of Palestinian structures by the occupation authorities is part of their violations of international and humanitarian law, and the violation of the right to adequate housing for Palestinian citizens guaranteed by international law and international treaties presented by the following articles:
Article 17 of the Universal Declaration of Human Rights, dated December 10, 1948 states that “No one shall be arbitrarily deprived of his property”.
Article 53 of the Fourth Geneva Convention of 1948 prohibits the destruction of property, as this article states the following: “The occupying power is prohibited from destroying any private, fixed or movable property related to individuals or groups, the state or public authorities, or social or cooperative organizations, unless the war operations inevitably require this destruction.
Article 33 of the Fourth Geneva Convention states: “No protected person may be punished for an offense he or she has not personally committed.
Paragraph ‘g’ of Article 23 of the Hague Convention of 1907 AD also warned against destroying or seizing the enemy’s property, unless the necessities of war necessarily require such destruction or seizure.
Prepared by
The Land Research Center
LRC