2021-11-23

Confiscation of Agricultural Tents in Kafr Malik village / Ramallah governorate

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Violation: Confiscation of agricultural tents.

Location: ‘Ein Samiya and Qaboun areas – Kafr Malik village / Ramallah and Al-Bireh governorate.

Date: November 23rd 2021.

Perpetrators: The building inspector at the Israeli Civil Administration.

Victims: Family of Citizen Ahmed Abu Rshaid and family of Misleh Ghnimat.

Description:

Tuesday, November 23rd 2021, A massive army force accompanied by the building inspector at the Israeli civil administration raided two Bedouin communities in ‘Ein Samiya and Qaboun east Kafr Malik , and confiscated a number of tents used as barns.

Reportedly, Israeli military trucks later went to Qaboun area, and targeted family of citizen Ahmed Abu Rshaid, and confiscated two tents used as barns, noting that the targeted families are Bedouins, and do not stay at the area during the winter season.

The affected citizen received a notice in 2013 , on the pretext of building without a license in area C.

The following table shows more information about the targeted facilities:

Affected citizen

Family members

children

females

The targeted facility

Ahmed Abu Rshaid

4

2

1

Two tents used as barns with a total area of 45 m2

Misleh Ghnimat

6

3

3

Tent used as a barn with a total area of 24 m2


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Photos 1-2: The location of the confiscated tent in Kafr Malik



Ein Samiya is a historical site and consists sites of archaeology from the Romanian, Ottoman and many other eras, Eis Samiya floats over number of artesian wells provide water for Ramallah , Al Bireh and surrounding Palestinian communities After Oslo agreement, the occupation had declared Ein Samiya as area C.

since then, Israelis committed several assaults against farmers and resident of Ein Samiya. Noteworthy, the area contains several outposts inhabited by radical religious illegal settlers.

Kafr Malik village:[1]

The village of Kafr Malik is located 15 km to the northeastern side of the city of Ramallah, and it is bordered to the north by Khirbet Abu Falah and the village of Mughayer, to the west by the village of al-Mazra'a al-Sharqiya, to the east by the villages of Mughayir and al-Auja, and to the south by the village of Deir Jarir.

Its population is (2,946) people, according to the 2017 census.

Its total area is 51,891 dunums, of which 911 dunums are a built-up area of the village.

So far, the total of 1645 dunums of the village land were confiscated as shown below:

* 380 dunums for the establishment of the colony of "Kochav Hashahar" in 1977, which is now inhabited by about 1,367 settlers;

* 2.726 dunums for the construction of Bypass Road No. 458;

* 539 dunums for establishing camps for the occupation army.

The lands of the village are classified according to the Oslo Agreement to:

- Area B (6,574) dunums.

- Area C (45,317) dunums.

(Source: Geographical Information Systems Unit - Land Research Center).

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.






[1] GIS-LRC


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