On Tuesday, 21/7/2020, the Israeli occupation authorities launched demolition operations that affected two facilities and a residence in three locations in the Hebron Governorate, under the pretext of building them without a license.
These operations were carried put in the town of Beit Ummar, north of Hebron, the city of Hebron, and in the village of Birin, south of the governorate of Hebron.
First: Demolition in the town of Beit Ummar:
In the morning hours, a force from the occupation army, accompanied by the so-called Planning and Building Department of the Civil Administration, and a Hyundai bulldozer, attacked the Al-Qarn area east of the town. The bulldozer began to demolish an under construction 150M2 floor made of reinforced concrete aimed to be a car wash station owned by Mr. Muhammad Ahmad Abu Ayyash, and located on main road No. 60.
On 14/7/2020, the occupation authorities had notified the owner about the demolition of his facility, through a notice entitled “Notice to remove a new building,” based on Military Order No. (1797) issued in 2018. The notice gave an ultimatum of (96 hours) prior to implementing the removal decision.
Second: Joret Bahlas – Hebron:
After the occupation authorities had finished the demolition process in the town of Beit Ummar, they headed to the northern entrance to Hebron city -Jorah in Halas- and demolished a 400M2 facility built of tin sheets and owned by citizen Raed Hazem Meswadeh from Hebron.
Before the demolition, the occupation authorities raided the work site on 12/7/2020, and confiscated manual and electrical tools used in the construction works. They also affixed a notice entitled “Notice to remove a new building” based on Military Order No. (1797), and threatened to demolish the facility, after 96 hours if the owner fails to present all the document required for licencing.
Picture 1: Copy of the demolition order and removal of the facility
Third: Demolition in Birin Village:
A force of the occupation army and the “Department of Planning and Building”, accompanied by a bulldozer produced by the “Hitachi” company, stormed the village and reached the eastern edge of it, where the home of Asaad Yousef Burgan is located.
After the occupation soldiers had surrounded the place, the bulldozer began the process of demolishing the 100M2 house of Mr. Burgan, which has been under construction since 2018.
The occupation authorities preempted this demolition by issuing a notice on 6/7/2020 to stop work and construction in this house under the pretext of un-licensing. The citizen applied for a license and presented an objection to the stop work notice, but the occupation authorities came back on 13/7/2020 and issued a final order to stop work and demolish the building, and demanded that the citizen demolish it within a period of (7 days), but, eventually, the house was demolished on 21/7/2020.
Picture 2: Copy of the demolition order of the house of Asaad Burgan
After Math of the demolition of the Burgan’s house
Legal Commentary:
The demolition of Palestinian homes and installations by the occupation authorities is part of their violations of international and humanitarian law, and the violation of a right of Palestinian citizens guaranteed by international law and international treaties, which is the right to adequate housing, within the following articles:
1- Article 147 of the Fourth Geneva Convention, which states that ‘Destruction and usurpation of property in a manner not justified by military necessity and on a large scale in an unlawful and arbitrary manner.’ They are grave breaches of the agreement. ‘
2- 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 organizations or Cooperative, unless military operations absolutely necessitate this destruction.
3- Article 33 of the Fourth Geneva Convention states: “No protected person shall be punished for an offense he or she has not personally committed.
4- 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.
5- Article 17 of the Universal Declaration of Human Rights, dated December 10, 1948 states that “No one shall be arbitrarily deprived of his property.”
