Land Research Center - LRC

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Demolition of a commercial construction in Hizma / Occupied Jerusalem

2018-08-15

Wednesday 15 August 2018, the occupation bulldozers carried out ravaging a commercial construction in Hizma north occupied Jerusalem on the pretext of building without permission. The subjected commercial construction consists of 3 barracks, 2 of them have an area of (48 m2) for each, the third one have an area of 9 m2, they were used to produce plastic sheets (covers), and belong to citizen (Samer Syouri).

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Samer Al-Syouri told LRC observer:

"One month ago, in July, the occupation forces completely destroyed my property (commercial construction consists of 3 barracks) on the pretext of building without permission. But I rebuilt it, today The IOF broke into the area with their bulldozers and destroyed my construction all over again with some of the equipment inside."

The occupation's authorities demolish Palestinian constructions on the pretext of building without permission, while they do not even grant permissions for Palestinians in that area because it is close to the main colonial road that connects "Adam" and "Pisgat Zeev" illegal colonies. Demolition is their policy to prevent Palestinians from building anywhere near their illegal colonies.

About Hizma[1]:

It is 8km to the northeast of Jerusalem; it populates 9256 people on a built-up area of 1000 dunums out of its 18000 dunums total land area.

According to Oslo lands classification of 1993, a small part of the village's area -- the built-up area 9 % -- is classified as area "B" that is under Palestinian control where the rest is classified "C" 91% that is administratively run by the occupation municipality of Jerusalem.

B area: (986) dunums.

C area: (9,527) dunums.

The occupation confiscated 2500 dunums of Hizma for the expansion of various colonies namely ( Pisgat Zev, Pisgat Amir, Adam and Nevi Yaacov)

Name of the colony

Year of establishing

Area of confiscated lands

Number of settlers

Adam

1983

9.0

1801

Nevi Yaacov

1972

354

20, 250

Pisgat Zev

1985

76

38,684

Pisgat Amir

1985

1,506

N.A


1,937

60,735

It should be marked that the apartheid wall travels 4km on the lands of Hizma town, isolating 40% of the village's total area behind its construction.

Bypass road (437) devoured over (444) dunums

Noteworthy, closures on the town have been applied on the town ever since the first intifada of 2000. Such measure was meant as a collective punishment on the town's residents.


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Legal feed back :

 The doings of the occupation's authorities of demolishing Palestinian homes and buildings is a serious violation of international and humanitarian law. And violate the rights of Palestinian citizens as ensured by international law and international conventions which is the right of an appropriate residence. According to 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.

Article 32 of Hague convention 1907 part g: To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.

Article 17 of Universal declaration of human rights 10 –Dec- 1948:  No one shall be arbitrarily deprived of his property.

 



[1] GIS - LRC

This case study is part of Kan'aan Project

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