Land Research Center - LRC

The Israeli occupation target a facility and a container in Hai Al-Khalyala / Occupied Jerusalem

2020-01-27

Monday, January 27th 2020 , citizen Sameer Abu Dayeh carried on demolishing his own facility , after receiving a notice from the civil administration, on the pretext of building without licenses.

The demolished facility is a barracks with a total area of 16 m2 that was operating as a car wash; the occupation authorities had told Abu Dayyeh earlier that day about their intention to demolish the structure, so he did that himself to avoid paying the costs of the demolition to the occupation.

On the same context, the Israeli Occupation civil administration confiscated a container used as a shop for hookah and smoking materials , and belong to citizen Mohammad Fadel , it was set up only one month before the confiscation (December 2019).

The Israeli Occupation carried the “container” on a winch along with all the goods that were inside it , under the pretext of working without licenses.

 Legal Feedback:

Demolishing Palestinian structure and facilities is considered a violation of international humanitarian law , this is reflected in the following articles:

Article 147 of Geneva fourth convention  : extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. ( it is considered a serious violation of the convention)

Article 53 of Geneva fourth convention that forbids destroying properties : Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, 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.

Article 33 of Geneva fourth convention: No protected person may be punished for an offence he or she has not personally committed.