Land Research Center - LRC

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IOF demolish a home in Shu'fat/ North Jerusalem on the pretext of building without permission

2018-08-07

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Tuesday , 7 august 2018, The occupation's municipality demolished A completed Home in Shu'fat town  on the pretext of building without getting a permission from their municipality, The house belongs to citizen (Samer Muhtaseb) with a total space of 100m2,  Al Muhtaseb started building it one year ago, It is built of plastic sheets and gypsum, and consists of 3 rooms  , a bathroom and a kitchen, the house is completed and citizen Samer was going to move to it.

The occupation's municipality delivered an order to stop construction in June 2018 after they took pictures of the structure, the residence lies above a four floor residential stone building .

One of the inhabitants told LRC observer:

A number of the occupation's police members  with an enormous bulldozer (that they use to reach high places)  broke into the neighborhood, they completely closed the area, The municipality workers carefully examined the location inside and out, then they asked everyone to move away from the location and destroyed the structure on the roof.

The occupation's municipality frequently observes buildings in Jerusalem,  They use aerial planes  to discover any new unpermitted structures. There are other methods the occupation use to discover unpermitted buildings, like distributing random demolishing orders in neighbors of Jerusalem, and asking those who receive notices to call  a number they mention in the order, this is how citizens fall to the municipalities' trap, they call the number and set an appointment, In the appointment the occupation's municipality workers collect personal information and file them to the court , then they sue him with charges of building without permissions , and what follows that of legal and financial consequences.

Hence, who ever receives a demolishing order or a notice to contact with the municipality wither it was by a visit or a phone call , should head to legal or juridical centers in Jerusalem , and get a legal advice, before getting a convection in court or filing charges against them.

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Legal feedback:

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 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.

This case study is part of Kan'aan Project

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