Violation: Demolition Notices to target facilities.

Location: Beituniya / Ramallah Governorate.

Date: August 29^th 2021.

Perpetrators: The Building Inspector at the Israeli Civil Administration.

Victims: Citizen Taha Sharaya’a.

Description:

Sunday, August 28^th 2021 , the building inspector at the Israeli Civil Administration raided the southern side of Beituniya , and targeted two workshops with final halt of Work notices, on the pretext of building without a license.

According to the notices, the occupation gave a 30 days time limit after the notice delivery date to submit an objection on the demolition order issued by the building and organization subcommittee – the Israeli Civil Administration.

 Noteworthy, the foundations targeted in the notices were the key stone for two facilities on a plot with a total area of 360 m² , and belong to citizen Taha Sharaya’a , who supports a family of 9 , 2 of them area children (3 females).

Reportedly, Affected citizens had already received notices for the targeted structures in July 26^th 2021, the owner prepared a legal file, and submitted a permit application, but the occupation authorities rejected the application.

Legal Commentary:

The demolition of Palestinian homes and structures by the occupation authorities is part of their violations of international and humanitarian law, and the violation of the right to adequate housing for Palestinian citizens guaranteed by international law and international treaties presented by the following articles:

The Fourth Geneva Convention, Article 147, stipulates 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 the destruction of property, as this article states the following: “The occupying power is prohibited from destroying any private, fixed or movable property related to individuals or groups, the state or public authorities, or social or cooperative organizations, unless the war operations inevitably require this destruction.

Article 33 of the Fourth Geneva Convention states: “No protected person may be punished for an offense he or she has not personally committed.

Paragraph ‘g’ of Article 23 of the Hague Convention of 1907 AD also warned against destroying or seizing the enemy’s property, unless the necessities of war necessarily require such destruction or seizure.

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