On November 2, 2015, the Israeli bulldozers stationed in Nuseiba neighborhood in Beit Hanina town north of the city of Jerusalem and demolished three Palestinian houses under the pretext of lacking building permits. The demolished houses owned by the local residents : Mousa Dusouki and Mahmoud Dusouki and Khaldoun Nijem.
Mr. Dusouki indicated that the Israeli bulldozers accompanied with Israeli border police stationed in the neighborhood at 8:30 am in the morning and started to demolish his 120m2 apartment as well as another two apartments (120m2 each) despite the fact that they issued an order from the Israeli court to halt the demolition that they received few months ago.
In the same day the Israeli authorities executed another demolition for a Palestinian house in Jabal Al-Mukabber neighborhood in the occupied eastern part of Jerusalem city.
Sami Idrees, the owner of the demolished house provided that he built his 80m2 house just three months ago and once he finished the construction he received an “administrative demolition order” from the Israeli Municipality of Jerusalem.
Moreover and on November 3, 2015, a crews from the Israeli Municipality of Jerusalem hanged an administrative demolition orders on the walls of a Mosque and a car wash station in Silwan neighborhood.
The threatened mosque is “Al-Ka’ka’” Mosque and located in Abu-Tayeh- Eein Allouza neighborhood in the Jerusalemite town of Silwan in the heart of the city of Jerusalem while the carwash station located in the nearby neighborhood of Abu Ya’koub.
145 Houses and Structures Demolished in East Jerusalem Since January
As a matter of fact the opt including the Eastern part of the city of Jerusalem had witnessed a tremendous demolition campaign in which 833 houses and structures demolished between January and October 31, 2015. A total of 386 houses and 447 structures had been demolished , of which 145 (17.5% from the oPt total) took place in East Jerusalem. See the charts below:-
Legal & International Status
With no “military necessity” justifications , the fierce demolition campaign against the Palestinian houses constitute a flagrant and grave breach for the International law rules and conventions (Art. 51 of the 1949 Geneva Convention II –Art. 147 of the 1949 Geneva Convention IV- Art. 53 of the 1949 Geneva Convention IV-Art. 23(g) of the 1899 Hague Regulations – the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Articles 13 and 17 and Article 12 of the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 19 December 1966 :-
- Articles 147 of the Fourth Geneva Convention indicated 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.
- Art. 23 of the Hague Convention of 1907 also provides: 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 same convention provides that 'any destruction by the Occupying power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities or social or cooperative organizations is prohibited, except where such destruction is rendered absolutely necessary by military operations.'
- Article 147 of the convention considers 'extensive destruction and appropriate of property, not justified by military necessity and carried out unlawfully and wantonly' as a grave breach of the Convention and thus constitute a war crime.
- Under the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Article 17 reads: 'No one shall be arbitrarily deprived of his property.' Which means it bans Israel from destroying or confiscating the property of the Palestinians at any case.
- Universal Declaration of Human Rights Article 13: Everyone has the right to freedom of movement and residence within the borders of each State.
- Article 12' of the International Covenant on Civil and Political Right International Covenant on Civil and Political Rights. Adopted by the General Assembly of the United Nations on 19 December 1966: Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
Prepared by:
The Applied Research Institute – Jerusalem
