In cooperation with PCHRGAZA
Law and House demolition:-
Palestinians first witnessed the demolition of their houses following the 1949 war when more than 400 Palestinian villages had been depopulated and their houses were bulldozed displacing more that 700.000 Palestinians. Israel later (between 1948 and 1958) started to endorse laws and legal instruments to refuse authorization of zoning plans for Palestinian villages inside the 'green line'. Through this legal devise, hundreds of Palestinian homes have been declared illegal, targeted for demolition and were demolished.
Israel and in breach of all UN resolutions and International laws is seeking legally to justify its policy of house demolition in the OPT in accordance to Regulation 119 of the Defense (Emergency)
Regulations, 1945 which states that :-
(1) A Military Commander maybe order direct the forfeiture to the Government of Palestine of any house, structure, or land from which he has reason to suspect that any firearm has been illegally discharged, or any bomb, grenade or explosive or incendiary article illegally thrown, or of any house, structure or land situated in any area, town, village, quarter or street the inhabitants or some of the inhabitants of which he is satisfied have committed, or attempted to commit, or abetted the commission of, or been accessories after the fact to the commission of, any offence against these Regulations involving violence or intimidation or any Military Court offence; and when any house, structure or land is forfeited as aforesaid, the Military Commander may destroy the house or the structure or anything growing on the land.
(2) Members of His Majesty's forces or the Police Force, acting under the authority of the Military Commander may seize and occupy, without compensation, any property in any such area, town, village, quarter or street as is referred to in sub regulation (1), after eviction without compensation of the previous occupiers if any.
Regrettably saying, this justification which Israel claims to be legal also contradicts the Fourth Geneva conventions, article 53 of 1949 to which Israel is a High Contracting Party: 'Any destruction by the occupying power of real or personal property belonging individually or collectively to private person, 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.'
Nowadays, many Palestinian houses are being knocked down and enormous heaps of rubble are left for Palestinians to enjoy. Crisis has reached to an unprecedented level since house demolition policy made a way for extensive environmental degradation and unilateral political implications, diminishing all hopes for peaceful solutions.
Facts and Figures:-
Since the beginning of the current year (beginning of January 2004 to July 2004), the IOF demolished over 800 Palestinian houses in Gaza Strip displacing thousands of Palestinian families. See table 1 below:
|
Date |
Trees Uprooted |
# of houses demolished |
Area of land razed/confiscated in Dunums |
|
Jan-04 |
4240 |
86 |
297 |
|
Feb-04 |
720 |
14 |
288 |
|
Mar-04 |
240 |
79 |
12 |
|
Apr-04 |
2718 |
111 |
171 |
|
May-04 |
3425 |
267 |
227 |
|
Jun-04 |
2070 |
92 |
570 |
|
Jul-04 |
2285 |
170 |
150 |
|
Total |
15698 |
819 |
1715 |
Source: ARIJ Database 2004
Torture concluded within the Israeli policy of house demolition amounts to cruelty, inhumanity and collective punishment, in breach of all international laws as stated above. See figure 1.
Source: ARIJ Database 2004
The Israeli violations continue in Gaza Strip:-
The demolition of houses is generally executed without pre-notification. The rationale is carried out for security reasons, giving Palestinians no time to rescue their properties, but to flee with their souls. In one of its cruelest designs in Rafah city, the Israeli occupation forces escalated their demolition policy in areas of Rafah city, mainly in Al Brazil neighborhoods and Al Salam neighborhoods. Both neighborhoods house a total population of about 16000 Palestinian residents, 10000 and 6000 respectively. All these areas are considered border areas with Egypt. On the ground, it looks like Palestinians are prohibited from building and the Israeli Forces are allowed to demolish.
During the period of July 15th to August 15th 2004, the IOF completely demolished 139 Palestinian houses and partially demolished 15 others. The Israeli Eradication campaigns were also escalated to include land and trees. See Photo 1 & Photo 2 &
According to ARIJ and PCHRGAZA databases, 16 dunums of lands were razed during this period and a total of 235 fruitful trees mostly Olives and Citrus were uprooted. Table 2 and Figure 2 below detail the Israeli violations during the above mentioned period.
Table 2- Figure 2: Total of houses demolished and land razed from Mid of July to Mid of August 2004:
|
Houses demolished |
|
139 |
|
Houses Partially demolished |
|
15 |
|
Land razed/ Dunum |
|
16 |
|
Uprooted trees |
|
235 |
Source: ARIJ Database 2004
Rafah submitted to constant Israeli policy:-
On the 21st of July, the IOF incurred into Al Brazil and Al Salam neighborhoods near the Egyptian borders under the cover of intense shelling, and completely demolished 18 houses along with others four houses which were partially damaged. Israel has often raided Rafah city under 'absolute military stipulation' as the Israeli authorities claim, and carry out wide scales of house demolition as a form of collective punishment against thousands of Palestinians. Table 3 below details the losses caused by the Israeli forces on the 21st and 22ed of July 2004.
Table 3: details the losses caused by the Israeli forces on the 21st and 22ed of July 2004.
|
Owner |
Area/ m�² |
Type of construction |
No. of dwellers |
Demolition |
|
Can'an 'Abed El Hay Rashed Abu Libda |
260 |
Two-Storey house |
9 ( 2 families) |
Completely |
|
Tayseer Bishara 'Abed El Hadi Abu Libda |
96 |
Concrete_ Asbestos |
7 ( one family) |
Completely |
|
Bishara 'Abed El Hadi Mustafa 'I'wayda |
70 |
Asbestos |
18 (3 families) |
Completely |
|
Ashraf Omar 'Abed El Qader Musa |
150 |
Asbestos |
8 ( one family) |
Completely |
|
Shawkat Sa'ed Talab El 'Attar |
250 |
Asbestos |
15 (3 families) |
Completely |
|
Esam Shawkat Sa'ed El 'Attar |
250 |
Asbestos |
15 ( 2 families) |
Completely |
|
Jom'a Mustafa Jom'a Noufal |
150 |
Concrete_ Three -storey house |
26 (5 families) |
Completely |
|
Ahmad 'Akel Ahmad Jaber |
150 |
Concrete_ Three -storey house |
16 (3 families) |
Partially |
|
'Abed El Salam Salah Wawe |
140 |
Concrete_ Asbestos |
5 (2 families) |
Completely |
|
Ibrahim Ahmad Mahmoud Lafy |
110 |
Concrete_ Asbestos |
4 (1 family) |
Completely |
|
Tayseer Muhammad Fahed Al Luna & brothers |
280 |
Concrete_ Asbestos |
24 (4 families) |
Completely |
|
Hamdiya Ahmad Muhammad Al Luna |
250 |
Asbestos |
8 (1 family) |
Completely |
|
'Ayed Ibrahim Muhammad Abu Mur |
150 |
Concrete_ Asbestos |
12 (one family) |
Completely |
|
Huda Faraj Faraj Allah Al Rayati |
100 |
Asbestos |
8 (one family) |
Completely |
|
Hasan 'Abed El Karim 'Abed El Rahman Abu Tah |
300 |
Three-Storey house |
19 (3 families) |
Partially |
|
'Adel Muhammad 'Awad Zanoun |
300 |
Concrete |
36 (4 families) |
Completely |
|
'Ali Hasan 'Abed El Karim Abu Tah |
70 |
Asbestos |
2 (one family) |
Completely |
|
'Atef Yahya 'Abed Allah Abu Tah |
250 |
Asbestos |
7 (one family) |
Completely |
|
Sayf El Din Ahmad Muhammad Abu Zeid |
150 |
Concrete_ Two-Storey house |
9 (one family) |
Completely |
|
Muhammad Sa'ed Al 'Abed Abu Tah |
250 |
Two-Storey house |
19 ( 2 families) |
Completely |
|
Mahmoud Yousef Mahmoud Matariya |
160 |
Asbestos |
7 ( 2 families) |
Completely |
|
Tawfeq Ibrahim Khalil 'Abed El 'Aziz |
150 |
Two-Storey house |
18 ( 3 families) |
Partially |
Source: Palestinian Center for Human Rights-PCHRGAZA-PCHRGAZA
The Palestinians in Gaza Strip are facing the relentless Israeli persecution which is a dangerous aspect of the conflict. They are always subjected to repeated Israeli incursions, robbing them their livelihood and pride. ARIJ and PCHRGAZA were a able to document the losses caused by the repeated Israeli incursions into areas of Gaza Strip during the period of Mid July to Mid August 2004. See Table 4 below;-
|
Date |
Location |
Violation |
Owners |
|
16_July_2004 |
West of Beit Hanun town |
D_ Demolition of a house+ a sheep farm |
Ibrahim Al Sawarka+ 'Eid Al Sawarka |
|
16_July_2004 |
Beit Hanun town |
D_ Demolishing 4 factories |
Jaber Dayf Allah, Abu 'Abed Allah Musleh and Nasar Musleh |
|
16_July_2004 |
Beit Hanun town |
D_ Demolishing the walls that surround eight houses |
Al Basyoni family |
|
16_July_2004 |
Qizan Al Najjar area in Khan Yunis |
D_ Demolition of a house |
Ahmad Abu Nar |
|
17_July_2004 |
Al Sika Street in Beit Hanun town |
O_ Transferring houses into military barracks |
Muhammad Al Basyoni and 'Abed El Wahab Al Basyoni |
|
18_July_2004 |
East of Beit Hanun town |
S_ Razing tens of dunums of agricultural lands cultivated with Citrus |
Al Za'anin family |
|
18_July_2004 |
Beit Hanun town |
S_ Razing agricultural properties+ plastic houses+ Poultry farm |
Isma'il and 'Abed El Karim Al Za'anin+ Fadi and Khalil Al Za'anin+ Muhammad Al Za'anin |
|
19_July_2004 |
west of Beit Hanun in the area located between Al Sultan and Al Sika Streets |
C_ Constructing new military base |
|
|
19_July_2004 |
Beit Hanun town |
D_ Demolition of a house |
Martyr Nahed Abu Odeh |
|
19_July_2004 |
Beit Hanun town |
D_ Partially demolishing three houses+ concrete stores |
Mu'ath, Sa'ed and Muner Abu Odeh+ Jad Allah Al Kafarneh |
|
19_July_2004 |
Northeast of Beit Hanun town to the north of the Gaza Strip |
C_ Constructing new military base |
|
|
19_July_2004 |
Around Al 'Awda passage the only land entrance for the Gaza Strip |
U_ Uprooting tens of Olive trees at favor of erecting a trench |
|
|
19_July_2004 |
Northwest of Al Shuhada cemetery to the east of Gaza city |
C_ Constructing new military base |
Islamic Waqf |
|
20_July_2004 |
Al Shate' refugee camp to the west of Gaza city |
D_ Demolition of a house |
Abu Yousef El Quqa |
|
20_July_2004 |
Beit Hanun town |
O_ Transferring houses into military barracks |
'Atta and Hamed 'Abed El Dayem |
|
20_July_2004 |
Beit Hanun town |
S_ Razing agricultural properties with one dunum |
The agricultural union |
|
20_July_2004 |
Al Sika Street to the west of Beit Hanun town |
D_ Demolishing a water well and some other properties+ Two poultries |
Rushdi Al Za'anin+ 'Aref Al Za'anin |
|
21_July_2004 |
Al Salam neighborhood in Rafah city |
D_ Demolition of a house |
Mahmoud Matariya |
|
21_July_2004 |
Al Salam and Al Brazil neighborhoods |
D_ Demolition of a house |
Sami Bergis Abu Tah |
|
21_July_2004 |
Beit Hanun town |
D_ Demolished a wall that surrounds the house+ transferring it into a military barrack |
Al Za'anin family |
|
21_July_2004 |
Al Sika Street in Beit Hanun town |
D_ Demolition of a house+ a wall+ commercial store |
Taysser Abu Hwayhi+ Wasef Al Masri + Abu 'Abein family |
|
21_July_2004 |
East of Beit Hanun town near Buret Abu Ghazal area |
C_ Constructing new military base |
|
|
22_July_2004 |
Al Sha'ut neighborhood in Rafah city |
D_ Demolition of three houses |
Jamal Muhammad Judeh, Muhammad 'Adel Rabe' and Muhammad 'Abed El Hai Hussein |
|
22_July_2004 |
Al Sika Street in Beit Hanun town |
O_ Transferring three houses into military barracks |
Sa'ed Al Masri+ Akram and Ahmad 'Abed El 'Aziz Abu Odeh |
|
22_July_2004 |
West of Beit Hanun town |
S_ Razing agricultural lands |
Suhail Al Shanty |
|
22_July_2004 |
North of Beit Hanun town |
C_ Constructing new military base |
Zamo family |
|
22_July_2004 |
Al Brazil and Al Salam neighborhoods in Rafah city |
D_ Completely demolition of 18 houses+ 4 partially |
Palestinian families |
|
22_July_2004 |
Al Amal neighborhood near Al Rahma Mosque |
D_ Completely demolishing a lethal workshop+ partially damaging a house |
Muhammad Salehiya |
|
24_July_2004 |
Al Sha'ut area in Rafah city |
D_ Demolition of 8 houses |
Muner Hasuna, 'Ali Hasuna, Ahmad Abu Msameh, Saleh Al Halqawi+ Al Yazgi and Abu Gazar families |
|
25_July_2004 |
Around Rafah passage on the borders between the south of Gaza Strip and the Egyptian borders |
O_ Erecting a trench |
|
|
25_July_2004 |
Block (J) in Al Sha'uth area in Rafah camp |
D_ Demolition of 5 houses |
Palestinian families |
|
26_July_2004 |
South of Al Sabra neighborhood in Gaza city |
D_ Demolishing the tow-storey house |
Abu Malik Jundiya |
|
26_July_2004 |
Al Shanti area to the west of Beit Hanun town |
C_ Constructing new military base |
|
|
28_July_2004 |
Beit Hanun |
S_ Razing the wall that surrounds the secondary school+ the lands of the agricultural collage |
Al Azhar University |
|
29_July_2004 |
Al Sika Street in Beit Hanun town |
D_ Demolishing one room and a wall |
Amal Hamad |
|
29_July_2004 |
On the coastal road to the south of Gaza city |
D_ Dynamiting a three-storey building |
''Al Ja'l'' building |
|
29_July_2004 |
Qizan El Najjar area to the east of Khan Yunis |
D_ Demolishing 8 houses |
Isma'il Khedar, Naji Al Huwari, Raed Al Malahi, Osama Khedar, Liyla Khedar, Kamil Abu Nimer, Salim al Huwari and Saleh Abu 'Azoum |
|
29_July_2004 |
Qizan El Najjar area to the east of Khan Yunis |
S_ Razing agricultural lands |
Shamlakh, Daloul, Nabhan and Saqer families |
|
30_July_2004 |
Al Sha'ut camp on the Palestinian_ Egyptian borders |
D_ Demolishing two houses with another two which were partially damaged+ Two residential buildings each composed of four floors |
Al Bana and Barhoum families |
|
30_July_2004 |
Rafah city |
D_ Demolishing 14 houses+ Poultry farm |
Fayiq, Fayiz, Ahmad, Sa'ed, Muhammad, Khamis, Rafiq, Zaki and Sa'diya Al Bana, Muhammad Al Ghazazi, Jamal Hasuna, Suleiman Barhoum, Musa Al Sarafandi and 'Abed Allah Shuman+ Salim Qashta |
|
30_July_2004 |
Rafah city |
S_ Razing 8 dunums of lands cultivated with Olives+ another 4 dunums cultivated with Tomatoâ??s |
Mattar Abu Tah+ Nayif Abu Shouf |
|
31_July_2004 |
Abu Safiya area to the east of Beit Lahya town |
C_ Constructing new military base |
|
|
31_July_2004 |
Beit Lahya town |
D_ Demolishing a wall |
'Abed El 'Al family |
|
31_July_2004 |
west of Beit Hanun town |
S_ Razing three dunums cultivated with Citrus |
Al Shanti family |
|
3_August_2004 |
The western camp of Khan Yunis |
D_ Demolishing 9 houses |
Khalid Al Haj, Shihda Sahwail, 'Ali Shalola, Muhammad Al Zarabi, Ahmad Abu Matrod, Musa Abu Reziq, Fatima Al Bazrari and Safiya Shalola |
|
4_August_2004 |
The western camp of Khan Yunis |
D_ Demolishing 9 houses |
Zaki Nasir, Muhammad 'Abed El Hadi, Shihda Sahwail, Mahmoud Hyneidak, Salah Hyneidak, 'Ali Abu Shamala, Ahmad Mansour, Mariam Mansour and Suma Abu El Khar |
|
4_August_2004 |
Qlaybu area to the east of Beit Lahya town |
D_ partially demolishing a house |
Ramadan Ahmad |
|
5_August_2004 |
Tel El Za'tar and Al Sika areas north of the Strip |
S_ Razing vast areas of agricultural lands cultivated with Citrus |
Al Dahnun family |
|
5_August_2004 |
Tel El Za'tar and Al Sika areas north of the Strip |
D_ Demolishing of walls |
Hasan 'Afana and Safiya family |
|
5_August_2004 |
Yibna camp in Rafah |
D_ Completely demolishing 17 houses+ 3 were partially damaged |
Palestinian families |
|
8_August_2004 |
Abu 'Eida area to the east of Al Qarara town north of Khan Yunis |
S_ Razing vast areas of lands cultivated with Olives+ Razing a wall |
Al Fara, Abu 'Eida and Al Astal families+ 'Adle Al Qudra |
|
8_August_2004 |
Block (J) in Rafah camp |
D_ Demolishing seven houses in between completely and partially |
Fathi Muhammad Al Masri, Naser Al 'Attar, Farouq Rabe', Basam 'Awad, Kamal Muhammad Abu Zuhri, Muhammad 'Adel Rabe' and Mahdi Abu Zuhri |
|
9_August_2004 |
Al Sha'ut camp on the Palestinian_ Egyptian borders |
D_ Completely demolishing 4 houses+ one partially |
Palestinian families |
|
10_August_2004 |
Al Sha'ut camp on the Palestinian_ Egyptian borders |
D_ Completely demolished of about 15 houses |
Palestinian families |
|
11_August_2004 |
The western camp of Khan Yunis south of Gaza Strip |
O_ Partially burning a house |
Ahmad Al Sharef |
|
11_August_2004 |
Khan Yunis to the south of the Strip |
D_ Demolition of 3 houses |
Abu Mustafa family+ Abu Madi and Abu Yousef families |
|
12_August_2004 |
west of Rafah city |
D_ Partially damaging the second floor |
'Eid Abu 'Ayash |
|
12_August_2004 |
Al Sha'ut area to the south of Rafah district |
D_ Demolition of 4 houses |
Abu Nabil Natat, Khaled Abu Madi, Saleh Abu Mustafa and Fakhry Abu Mustafa |
|
12_August_2004 |
Al Sha'ut area to the south of Rafah district |
D_ Partially damaging five houses |
Among the owners known was the house of 'Awad Al Jamal |
|
13_August_2004 |
East of Gaza city and Al Zaytoun neighborhood |
S_ Razing tens of dunums of agricultural lands |
Al Wahidy and Al Bar'ashy families |
|
13_August_2004 |
East of Gaza city |
O_ Transferring houses into military barracks |
Abu Kamal Al Hatw and Abu Muhammad Kasab |
|
13_August_2004 |
Beit Hanun city to the north of the Strip |
S_ Razing the areas around Nitzanet settlement and the industrial zone |
|
|
15_August_2004 |
Al Zaytoun neighborhood to the east of Gaza city |
S_ Razing tens of dunums of lands planted with Olives |
Haji, Al Dahdouh and Al Omrain families |
Sources: ARIJ & PCHRGAZA Database 2004 & Database 2004
The on growing Palestinian population forms a sort of ''demographic danger'' as the Israeli authority still adopts an ethnic cleansing policy which aims at reducing the city to poverty levels. Besides, the repeated Israeli incursions to Gaza Strip as well as to the West Bank areas under justifiable security claims are clear symbols of disregard to the Palestinians' rights and International laws.
Prepared by:
The Applied Research Institute – Jerusalem
