Violation: Demolition of Commercial facilities.

Date: November 29^th 2021.

Location: Beit Hanina / Occupied Jerusalem.

Perpetrators: The so-called Governmental properties Custodian.

Victims: Family of citizen Majid ‘Uwaidah.

Description:

Monday, November 29^th 2021, the Israeli Occupation authorities demolished a commercial facility belongs to ‘Uwaida family from Beit Hanina town north Jerusalem.

Reportedly,  The Occupation forces raided the location, and ordered the families to remove properties at the location , noting that the family lives on a plot with a total area of 3.5 dunums , that contains stores and containers on a 200 m² area.

The Occupation authorities gave the families two hours to evict the plot, one of them headed to the Israeli Supreme court to submit a petition to prevent the eviction , but in vain.

Majid ‘Uwaidah also said that the plot belongs to the Palestinian Housing Council, that was bought in 2004, and was shocked of reports issued by the Israeli Property Custodian ordering the owner to evict the plot.

The So-called Israeli Governmental properties Custodian claims to own tens of dunums in Beit Hanina town, and threatens to evict it and demolish newly constructed facilities, then pass the properties to Jewish colonists.

About Beit Hanina:[1]

5 km north Jerusalem, Beit Hanina is surrounded by Bir Nabala (north), Beit Hanina down town (Bait Hanina town was divided to two parts by the Apartheid wall Upper Beit Hanaina and Beit Hanina down town) (west), Hizma (east) and Shufat (south). Beit Hanina has a population of 33,617 people in 2009, and an area of (8,877) , (3,341) dunums are a built up area.

The occupation confiscated over 3700 dunums for the following purposes:

Illegal colonies confiscated (3064) dunums as follows:

Bypass roads (50 +60) confiscated over 482 dunums.

Apartheid wall took over 50 dunums and has a length of (987) meters.

Occupation's military camps took over (103) dunums.

Legal Feedback:

Demolishing Palestinian structures is a violation of international law:

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 report was published as part of Project activities:

“Supporting Marginalized Communities in Jerusalem through Legal Aid and advocacy"

Disclaimer: The views and opinions expressed in this report are those of Land Research Center and do not necessarily reflect the views or positions of the project donor; the EU

إخلاء المسؤولية: الآراء ووجهات النظر الواردة في هذا التقرير هي آراء ووجهات نظر مركز أبحاث الأراضي ولا تعكس بالضرورة وجهات نظر أو مواقف الجهة المانحة للمشروع؛ الاتحاد الاوروبي