On December 6, 2010, The Israeli Occupation Forces (IOF) handed over 12 local residents of Bardala village northeast of the city of Tubas, a military Orders notifying them that their houses and animal sheds will be demolished under the pretext of lacking building permits. The owners of the threatened structures are:
1. Mohammad Tahseen Sawaftah
2. Ahmad Tahseen Sawaftah
3. Ahmad Khanfis Rashayda
4. ‘Izzat Khanfis Rashayda
5. Hazza’ Falih Rabay’a
6. Hussein Falih Rabay’a
7. Falih Mahmoud Rabay’a
8. Mahmoud ‘Awwad Rashayda
9. Khalid Rushdi Sawaftah
10. Mahmoud Falih Rabay’a
11. Mahmoud Tahseen Sawaftah
12. Ra’fat Salih Rabay’a
The aforementioned owners had submitted an appeal to the Israeli court against the demolition orders but it was rejected and accordingly, their houses and animal sheds were under the threat of demolition at any moment.
Bardala is a small Palestinian village in Tubas Governorate, located about 24 km northeast of the city of Tubas in the northern parts of the West Bank. ’Ein al-Beida and Kardala villages border Bardala from the east and southeast, the 1949 Armistice Line (Green Line) from the north and Tayaseer village from the west. The total area of Bardala village is 20,000 dunums, of which, 480 dunums only are designated for the built-up area. The village is inhabited by 2000 residents (PCBS 2010).
House Demolition Orders in Nahhalin Village in Bethlehem Governotae
On December 7, 2010, the Israeli Occupation Forces handed over three Palestinian residents in Nahhalin village southwest of Bethlehem governorate military demolition orders for their houses under the pretext of lacking building permits. The owners of the threatened houses are: Jamil Mohammad Ameen, Murad Lutfi Ibrahim Musallam and Wasfi Mohammad Diyab. It is worth mentioning that the threatened houses are located in Area C, which according to Oslo II Interim Agreement falls under full Israeli control.
The Israeli Civil Administration imposes discriminating requirements on Palestinians asking for building permits to build in their lands located in Area ‘C’, and so Palestinians have no choice but to build without building permits to cope with their needs for housing.
Map 1: Location of Nahhalin Village
Demolition in Kherbit Tana in Nablus Governorate
In the early morning of December 8, 2010, the Israeli Army bulldozers protected by the Israeli Occupation Forces stormed Khirbet Tana community east of Beit Furik village northeast of the city of Nablus, and flattened 12 residential structures and a 3 class-room school under the pretext of lacking proper building authorization.
The suffering of Kherbit Tana residents
The suffering of Khirbet Tana residents started back in May 2004, when the Israeli Occupation Army handed over residents of Tana military orders notifying them that their houses will be demolished under the pretext of lacking building permits in addition to their animal sheds and an elementary school built in the year 2001 located in military area specified for the training of the Israeli Army.
Later on July 5, 2005, the Israeli Army Bulldozers guarded by dozens of Israeli Army jeeps staged into Khirbet Tana and started the demolition process which resulted in 14 residential houses, 18 animal sheds, 6 animals stores along with many sacs of sheep fodders and the only school in the area. On May 2008, the Israeli bulldozers had again demolished their newly-built houses and animal sheds under the same pretext. Residents then filed their objections to the Israeli High Court of Justice following the demolition process. On February 9, 2009, the Israeli court issued its final, non-objectionable decision to demolish all the structures in Khirbet Tana and to evict all of its residents.
On January 10, 2010, the Israeli Army bulldozers again and without pre notification stormed Khirbet Tana and flattened 25 structures which included residential structures, animal sheds, caravans, tents, and displaced residents. Accordingly this is the fourth time that Khirbet Tana is being targeted with demolition by the Israeli Army bulldozers but the residents will build their houses on their own lands again and again despite the fact that they will be demolished again.
Khirbet Tana is a small Palestinian community located 6 kilometers to the east of Beit Furik village northeast of Nablus city and west of Mekhora settlement It is inhabited by 56 Palestinian families with a total population of approximately 350 residents most of whom are actually farmers and herders of animals and who rely on the plenty of springs and water wells for their animals and crops as the area is rich of water resources. Families in Khirbet Tana live in small area houses build from stone or concrete blocks and covered with metal sheets. The Khirbet also has many caves which are used by residents to keep their livestock.
Khirbet Tana is bordered by Beit Dajan village from the north, the Illegal Israeli settlement of Gittit and Bypass road number 508 from the west, Beit Furik and Yanun villages from the east and Ar-Rajman village from the south.
The settlement of Mekhora was established in 1973 on lands of Beit Furik and Beit Dajan villages east of Nablus city. The settlement occupies a total land area of 925 dunums (0925 km²) and is a home to 120 Israeli settlers.
Legal & International Status
While Israel escalated its systematic demolishing campaign against the Palestinian houses in the Occupied Territory, the Israeli Occupation authorities are intensifying the illegal building in Israeli settlements and outposts throughout the Occupied Territory, particularly in East Jerusalem, in an attempt to eradicate the Palestinians from their own lands and to replace them with The Israeli settlers and imposing facts on the ground which will lead to the elimination of the peace efforts which if in turn disappears will lead inevitably to an ominous consequences.
The predetermined house demolition campaign carried out at the hands of Israeli Occupation Army flagrantly violates International Humanitarian Law, and the International Law Rules and Conventions and United Nations resolutions:
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Article 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.
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Articles 33, 53, of the Forth Geneva Convention prohibits collective punishment, and land leveling and property destruction carried out by Israeli forces are collective punishments. The article states: ‘No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.”
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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.
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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.
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The International Convention on the Elimination of All Forms of Racial Discrimination (1965) Article 5 provides that: ‘States’ Parties undertake to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (e) in particular … (iii) the right to housing’.
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In the year 2004 the United Nations Security Council called on Israel to stop demolition of Palestinian homes under Resolution No. 1544-(2004), the resolution states: ‘The Security Council called on Israel to respect its obligations under international humanitarian law, particularly the obligation not to undertake home demolitions contrary to that law’
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