2022-02-24

Demolition of a commercial facility in Anata – Jerusalem

After the occupation forces demolished the commercial establishment belonging to the citizen Tamer Haddad at the beginning of February 2022, the forces returned and stormed the place on the twenty-fourth of February 2022. For the first time, the Civil Administration kept one office, the size of 40 square meters, and the metal wall of the place. The second time, the Civil Administration officer quickly stormed the place in Wednesday, and on the morning of Thursday they broke into the place again with a bulldozer and carried out demolition of the entire place, including demolishing the office, leveling the land completely, demolishing concrete and iron walls, so they turned the place into a ruin without Hope to reuse it.

The owner of the facility expressed that after the first demolition, he tried to fix what could be repaired to start work, so he brought some building materials to trade in it and tried to earn a living again, but failed. Within less than a month, the occupation committed the second crime by completely demolishing and sabotaging the facility, and the owner was forced to abandon the place and move the building materials to temporary stores until an undetermined date. It is reported that the losses of the second demolition amounted to more than 120,000 shekels, about 40,000 US dollars.


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It is noteworthy that the village of Anata, located to the north-east of Jerusalem and surrounded by the separation wall from all directions, It is a large prison for its residents, in addition, it reports to the Civil Administration in security and planning affairs, and to the Palestinian Authority in administrative and civil affairs. Therefore, many of the village houses located along the wall are threatened with demolition, which aggravates the housing and trade crisis, forcing residents and merchants to waste them. In search of safer and more stable places for their lives and trade.

About Anatah:[1]

About 10 km north east Jerusalem, Anatah is surrounded by Hizma (north), Shufat (west) , Al'Eizariya and Jericho (east) Al'Isawiya (south). Anatah has a population of (16,919) people in 2017 census. The Israeli illegal occupation confiscated about (5727) dunums for the following purposes:

Settlements:

Name of the settlement

Year of establishing

Area of confiscated lands

Settlers number

Allon

1990

413

38,992

Kfar Adummim

1979

817

1,866

Neve Brat

1992

850

unavailable

Almon-Anatot

1983

787

726

Bypass roads (1 , 437 , 485) confiscated (1,301) dunums.

The apartheid wall took over (341) dunums , and isolated (506) dunums , and in case it was completed according to the revealed plan it will isolate (16 ,026)dunums.

Military camps confiscated (1,317) dunums.

According to Oslo convention the land is divided to 2 parts:

  • Area B : (902) dunums.
  • Area C: (23,124) dunums.

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