Land Research Center

Violation: Demolition of two residences.

Date: January 25^th 2023.

Location: Ma’in – East Yatta / Hebron governorate.

Perpetrators: The Israeli Civil Administration.

Victims: Citizens ‘Issa and Mahmoud Jabareen.

Description:

Wednesday, January 25^th 2023 , the occupation authorities demolished two structures, on the pretext of building without a license in Ma’in east Yatta town , south Hebron governorate.

About 9:00 am , a massive army force, border guards , staffs of the building and organization department at the civil administration , two bulldozers, workers from the civil administration raided a plot belongs to farmers from Jabareen family , surrounded the location and carried out the demolition.

The accompanying workers took out the furniture and the properties from the structures to the outside , then the bulldozers carried out the demolition of the two buildings that belong to:

• Citizen Mahmoud Jabareen: the occupation demolished an agricultural structure built of bricks and steal sheets , with a total area of (40 m²) was demolished , the house was built since 2020 , and was used by the two farmers as a resting place while they worked at the plot , Citizen Jabareen supports 8 family members , among them 5 children.

Photo 1: The house demolished by the occupation

• The Occupation authorities demolished an outdoor bathroom with a total area of (1 m²) that was nearby the building.

• Citizen ‘Issa Jabareen: the occupation demolished an agricultural building built of bricks and steal sheets with a total area of (50 m²) that is built since 2022, and was supposed to be a home for a family of 8 , among them 6 children.

Photo 2 : a house belongs to citizen ‘Issa Jabareen demolished by the Occupation

• In Dec 8^th 2022 , the occupation authorities issued final demolition orders on the pretext of building without a license , and gave citizens 7 days’ notice to demolish the building , and threatened in case they didn’t implement the demolition , the occupation forces will demolish the building and make him pay the costs.

• The Occupation authorities also demolished a tent belongs to citizen Mohammed Hamamdeh , that used to be at his plot and is built of plastic sheets with a total area of (20 m²)

The accompanying workers demolished the tent and loaded its parts on a truck, and left a written notice at the location , stating that the tent was demolished because it is built on an archeological site.

Photo 3 : confiscation notice of Hamamda’s tent

Legal Feedback:

The demolition of Palestinian homes and facilities by the occupation authorities comes within its violations of international and humanitarian law, and a violation of a right of Palestinian citizens guaranteed by international law and international treaties, which is the right to adequate housing, within the following articles:

• Article 147 of the Fourth Geneva Convention, which states 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”.
• Article 53 of the Fourth Geneva Convention of 1948 “prohibits 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 cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations”.
• Article 33 of the Fourth Geneva Convention 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.
• Paragraph ‘G’ of Article 23 of The Hague Convention of 1907 warns against “the destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war”.
• Article 17 of the Universal Declaration of Human Rights, dated December 10, 1948, states that “Everyone has the right to own property alone as well as in association with ot