On the 20th of January 2016, the Israeli Civil Administration handed out military orders to stop the construction of 5 Palestinian houses in the Palestinian village of Budrus, northwest of Ramallah Governorate.
According to Budrus village council, an Israeli officers from the Civil Administration escorted by the Israeli Army stormed the village on the 20th of January 2016, and handed out the five halt-construction orders. Noted that the orders were signed and issued on the 17th of January 2016.
Following is part of the military orders handed to Residents from Burdrus village:
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The Israeli Halt-construction orders
The Israeli Authorities claimed that the targeted houses were built without the permits from the Israeli Civil Administration.
The analysis conducted by the Geo-Informatics department in the Applied Research Institute-Jerusalem (ARIJ), showed that the targeted houses located at the eastern part of Budrus village, and in the area classified as “Area C” (according to the Oslo II Interim Agreement, 1995) which it under the control of the Israeli Occupation Authorities. Accordingly, the Israeli Authorities claimed that the targeted houses classified as “ illegal” since they were built without permits from the Israeli Civil Administration.
Budrus is a Palestinian village in the Ramallah Governorate located 21km north-west of Ramallah City. Budrus is bordered by Qibya to the north and northeast, the Green Line (the Armistice Line of 1949) as well as the Segregation Wall path to the west, Ni’lin to the south (ARIJ GIS, 2012), Shukqba and Shabtin villages as well as the illegal settlements of Nili and Na’leh from the east. For more information about Budrus village:
http://vprofile.arij.org/ramallah/pdfs/vprofile/Budrus_vp_en.pdf
To conclude
The Israeli military orders with all of its types are illegal since these orders contradicts with the United Nation Security council Resolutions 242 and 338 that stipulate the illegality of the Israeli military occupation of the Palestinian lands and that includes all the confiscations, building illegal settlements and outposts and bypass roads, constructing the Segregation Wall, destroying Palestinian properties and restricting their movement and all of the colonial practices conducted by Israel since June 4, 1967-present are illegal, null and void.
Moreover , the systematic Israeli targeting of the of the Palestinian lands and properties 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.
Prepared by
The Applied Research Institute – Jerusalem
