Land Research Center

Israel Municipality in Jerusalem forced on Srptember 25, 2018 citizen Ahmad Abu Kaf to self-demolish his residence founded in Sour Baher village as per implementing the municipality's order claiming the house built without a proper license.The targeted house is built of bricks and consists of 150m² floor, it was built few months ago and contains 3 bedrooms, bathroom, kitchen and a living room, inhabited by 6 family members, 4 of them are children.

Ahmad Abu Kaf told LRC observer:

"The house was built for the family as it now needs a bigger home, I did not obtain permission as it is nearly impossible to grant them for Palestinians in that area"

Citizen Ahmad chose to demolish his own home otherwise the municipality implements the operation and bill all cost for the owner.The demolition caused him thousands of shekels and he lives now with his family in a rented apartment.

Self-Demolition is a Crime against Humanity:

Definition: When an owner of a structure is forced to demolish his property by himself, it is called 'self demolition' or 'silent demolition'. It used to be carried out in quiet or in silence as the name suggests. But recently, due to their increased number of cases, victims have come to disclose that such type of demolition exists and that it is their only choice and speak out about the inhumanity of the Israeli occupation for forcing such a practice.

This kind of demolition is mainly imposed on Palestinians in Jerusalem in efforts to displace them and Judaize the city.

The Israeli occupation always justifies that type of demolition, which is a blatant contravention of the right to residence and a crime against humanity, on the pretext of unlicensed construction.

[If your house has been built without a building permit, then it is legal and you have to destroy it and remove the wreckage as soon as possible. You also have to take pictures of the destroyed structure and send them to the Inspection Department of the Planning and Construction Committee in the occupying municipality to verify the act. There is a fixed date regarding when you have to carry out the demolition operation and this is a red line you cannot cross. There is a second date set by the municipality court of local affairs to check if you have abided by the demolition order or not. In case you do not comply, the municipality will demolish your residence at your expense. If you cannot pay, you will be jailed, so the lesser of two evils becomes the self-demolition choice.]

LRC field observers kept a close eye on the matter and recorded 72 cases where the owners had to demolish their property by themselves during the past five years making 477 civilian citizens, more than half of whom are children, homeless and lacking security and stability.

The following table provides numbers of houses demolished by their owners in occupied Jerusalem (2010-2017):

Source: firsthand field observation- Israeli violations monitoring system- LRC

Land Research Center LRC sees that demolitions contradict with all of the International conventions and Humanitarian laws including:

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.

This case study is part of Kan'aan Project