Halt of construction orders in An Nabi Elias village in Qalqilyia Governorate

On the 22nd of August 2016, the Israeli Civil Administration (ICA) notified two Palestinian families in An Nabi Elias village in Qalqilyia Governorate with military orders asking them to halt the construction at their structures. The notified owners were identified as Hassan Abu Khader and Muhammad As’ad Abu Mariam. Details of the notified families and their structures are below

Map 1: Location of the threatened structures in An Nabi Elias Village 

The threatened construction of Mr. Hassan Abu Khader is actually a plastic house of 250 square meters area. Mr. Abu Khader makes a living out of this plastic house. Now that the construction is under the threat of demolition, Abu Khader’s main source of income is endangered and the life of his family members will be affected too. Note that the plastic house is located in close proximity of the Israeli checkpoint No. 109, to its east, and the route of the Israeli segregation wall.

While the threatened structures of Mr. Muhamamd As’ad Abu Adam, two agricultural barracks, are located in the area that has become segregated west of the wall, known to the Palestinians by “the Western Segregation Zone”[1], north of Alfei Menashe Settlements. The structures also lie in close proximity of the Israeli Checkpoint No. 109.

Owners of the aforementioned structures were notified to halt the construction of their structures under the pretext of lacking building authorization from the Israeli Civil Administration due to their location in Area “C”, which according to Oslo II Interim agreement of 1995, Israel retains full and extensive control, including over security, zoning and planning. The halt-of-construction orders received by the two families in An Nabi Elias village state that the existing structures were built/installed in violation of the fourth chapter of the Israeli City, Village, and Building Planning Law no. 79 of 1966 which was amended after the 1967 war by the Israeli Occupation Authorities on the basis of Military order No. 418 to comply with Israel's interests and settlement plans in the occupied Palestinian territory. 

The Israeli Civil Administration gave the threatened families till the 8th of September 2016 to proceed with license procedures. However, the orders also pointed out that pursuing license procedures does not guarantee Palestinians a license by the Israeli civil administration as stipulated in the order neither stop the possible demolition of these structures during that time. A copy of the military orders are attached below:-

Photo 1: Israeli halt of construction order No. 203576
 

Photo 2 & 3: Israeli halt-of-construction orders No. 203577 & No. 203578

Israeli plans in An Nabi Elias Village

Earlier in December 2015, the Israeli Civil Administration in the Occupied West Bank, issued a military order stipulating the acquisition of 93 dunums of Palestinian land in Azzun and An Nabi Elias villages east of Qalqilyia city under the pretext of “public purposes”. The military order showed Israel’s intention to construct a new and alternative road section for the explicit use of Israeli settlers on lands of the aforementioned villages, with the intention to make Israeli settlers replace their use of a section of the Israeli bypass road No. 55[2] that passes through the village of An Nabi Elias as an “alternative route” in the future; thus enabling accesses to Israeli settlements and travel between settlements without having to pass through Palestinian villages. The issued military order holds title “Land Law Order (acquisition for public Purposes) (Judea & Samaria) (# 321[3]) 5729-1969 Land Acquisition Order & to expropriate immediately (Bypass Road An Nabi Elias 2/927) No. 15/01/H“. See Map 2

Map 2: The Israeli Military Order No. (Bypass Road An Nabi Elias 2/927) No. 15/01/H

The Israeli Segregation wall on lands of An Nabi Elias

The latest revised route of the Israeli segregation wall shows that the wall runs for 2.5 km on lands of An Nabli Elias village, from its southern and northern sides and isolates 2,554 dunums of its land. The isolated area includes agricultural lands and open spaces, which were previously considered as the only chance for the village residents to build and expand in the future.

The wall route in the village of An Nabi Elias has been subjected to several amendments before it was finally ratified and built as shown in Map 1. The changes that were made to the wall route came to serve the interests of the Israeli settlements nearby rather than reducing the implications of building such a wall on lands of the Palestinians.

To sum up

Israel continues with its demolition policy in the occupied Palestinian territory under the pretext of unlicensed building, however the motive behind such a demolition is far beyond the claimed pretext. In the case of An Nabi Elias village, the three notified structures are located in close proximity of a military crossing checkpoint and the route of the Israeli Segregation Wall, which explains Israel’s intention to remove these Palestinian structures from their place.

Israel's actions in in the oPt are in direct violation of numerous United Nations Security Council and General Assembly Resolutions.  In particular, UN Security Council Resolution 242 (1967) calls for 'the withdrawal of all Israeli armed forces from the territories occupied' in the 1967 war;

In addition, as an occupying power, Israel is bound by the application of international humanitarian law.  The home demolition policy, however, violates the most basic tenets of the international legal regime. 

The demolition of Palestinian homes is explicitly outlawed by The Hague Conventions of 1907. Convention IV, Article 23 (G) clearly states that the occupying power is forbidden “to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.” 

The Fourth Geneva Convention of 1949 also clearly prohibits the destruction of Palestinian homes.  Article 53 of the Convention states: ''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.'' Such policies target the civilian population of the Occupied Palestinian Territories and thus cannot be excused on the basis of military necessity. 

[1] This is due to the construction of the Israeli Segregation Wall which is set to isolate 13% of the total West Bank Area upon its completion, between the 1949 Armistice Line (Green Line) and the route of the Israeli Segregation Wall.

[2] The Israeli bypass # 55 stretches about 23 kilometers in the Palestinian communities of Qalqiliya, Arab Abu Farda, An Nabi Elyas, Izbat At Tabib, Azzun, Al Fundaq, Kafr Laqif, Hajja, Kafr Qaddum, Jinsafut and Jit. This bypass road also serves to connect the Israeli settlements in Qalqiliya Governorate such as Ginnot Shomeron, Ma’ale Shomron. Karnei Shomron Neve Oramin, Giva't HaMerkaziz, Jit (Mitzpe Yishai), Zufin (Tzofim), Alfei Menashe, and Kedumim to the transportation grid inside Israel, beyond the 1949 Armistice Line (Green Line).

[3] APARTHIED LAWS IN THE ISRAELI OCCUPIED TERRITORIES
http://itisapartheid.org/Documents_pdf_etc/ApartheidLawsOccupied.pdf

Prepared by
The Applied Research Institute – Jerusalem
ARIJ