Violation: Issuance of a demolition notice for an agricultural room.

Location: Al-Kabarat area, Nahalin village, Bethlehem Governorate.

Date: December 20, 2023.

Perpetrating Party: Israeli Civil Administration and the Israeli Occupation Army.
Affected Party: Sari Muhammad Shakarnah.

Description:

On the morning of Wednesday, December 20, 2023, the Israeli Civil Administration, accompanied by the Israeli army, raided the town of Nahalin and issued a final demolition notice to citizen Sari Shakarnah for his agricultural room in the Al-Kabarat area, citing a lack of construction permits. Shakarnah, who supports a family of four, including two children, had previously received a warning on December 20, 2020, along with an invitation to appear before the subcommittee of the Civil Administration to submit an objection.

Engineer Wafaa Najajreh, a member of the Milad office in the Nahalin municipality, explained to a researcher at the Land Research Center:

"The occupation aims to prevent any development on agricultural land in Nahalin. The town is struggling with overpopulation due to restrictions on construction and expansion. At the same time, numerous detailed plans exist for settlement expansion in the area, along with continuous unauthorized settler expansion, creating new facts on the ground for local citizens."

As shown in the map, the agricultural room is located in an area containing around 63 other demolition notices for homes and structures, indicating that the occupation is targeting the entire area to prevent locals from building on their own lands. Additionally, the agricultural room is situated near the "Beitar Illit" settlement, which was built on confiscated land from Nahalin and Wadi Fukin.

Sari Shakarnah, the affected citizen, informed the Land Research Center researcher:

"I built the agricultural room, which is 22 square meters, on a 450-square-meter plot of agricultural land planted with olive trees over four years old. I cannot access my land now because the occupation army blocks me from doing so. This is the only piece of agricultural land I own, and it is my only opportunity for future expansion or construction. But the occupation prevents me from even building a small agricultural room for use while working or relaxing on the land."

The demolition notice targeting the agricultural room

Shakarnah has prepared all required documents and informed the relevant authorities to expedite procedures to protect his land.

Legal Commentary

The Israeli occupation authorities’ demolitions of Palestinian homes are part of ongoing violations of international and humanitarian law, as well as a breach of the Palestinian right to adequate housing enshrined in international law and conventions. The following articles apply:

1. Article 147 of the Fourth Geneva Convention: “The extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly,” constitutes a grave breach of the convention.
2. Article 53 of the Fourth Geneva Convention of 1948 prohibits property destruction, stating, "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."
3. Article 33 of the Fourth Geneva Convention stipulates, “No protected person may be punished for an offense he or she has not personally committed.” 
    Paragraph (g) of Article 23 of the 1907 Hague Convention warns against the destruction or seizure of enemy property, except where such destruction or seizure is imperatively demanded by the necessities of war.
4. Article 17 of the Universal Declaration of Human Rights (December 10, 1948) states, "No one shall be arbitrarily deprived of his property."

About Nahalin Village[1]:

Nahalin is located 10 km southwest of Bethlehem. The total area of the village is 18,858 dunams, including 890 dunams allocated for buildings. According to 2017 statistics, Nahalin has a population of 8,741.

The occupation has confiscated 4,283 dunams of land in Nahalin for settlements and bypass roads: 3,583 dunams for settlements and 700 dunams for roads. Eight Israeli settlements now surround Nahalin, restricting its residents' demographic expansion and natural development. These settlements include: Beit Ayn - Tsurif, Migdal Oz, Gapaot, Kfar Etsion, Efrat, Beitar Illit, Rosh Tsurim, and Alon Shefut.

[1]Source: GIS Unit - Land Research Center