Violation: Demolition of Two Agricultural Facilities on the Pretext of Lack of Permits.

 Location: Shaqba Village, Ramallah Governorate.

Date of Violation: 02/05/2024.

Perpetrating Authority: The so-called Israeli Civil Administration.

Victims: Farmers Mohammed Basem Mohammed Shalash and Ziyad Mohammed Marouf.

Description:

 At around 9:00 AM on Sunday, May 2, 2024, a large Israeli occupation force accompanied by two bulldozers entered the northwestern area of Shaqba village, known as "Wadi Al-Teen." The military imposed a blockade, preventing villagers from approaching before starting the demolition of two agricultural structures, citing construction without permits.

 One of the demolished structures was a 45-square-meter concrete agricultural room owned by Mohammed Basem Mohammed Shalash, the breadwinner of a family of five, including two daughters. The Israeli authorities had issued a stop-work order for this structure in November 2021, also claiming a lack of permits. The second structure, a 36-square-meter room with a zinc roof, belonged to Ziyad Mohammed Marouf, who supports a family of seven, including four daughters and three children.

 Two weeks before the demolitions, Israeli forces had entered the targeted area, photographing the structures without providing any notice or warning of their intent to demolish them. The demolitions proceeded later without further communication.

Background on Shuqba Village: Shuqba, located 24 kilometers north of Ramallah, has long faced daily pressures from the Israeli occupation. According to Hassan Shalash, head of the Shuqba village council:
“the village suffers from limited building space due to a master plan that covers only 1,320 dunums out of the total 51,000 dunums of the village's area. This space is insufficient to accommodate the village’s growing population of approximately 4,260 people, based on 2017 statistics. As a result, many villagers are forced to build in Area C, making them vulnerable to Israeli restrictions. There are at least 14 agricultural and residential structures in the village facing stop-work orders or demolition threats”.

The two agricultural rooms are used for resting farmers and their families and storing agricultural equipment. When the occupation forces demolished those rooms, the agricultural lands were damaged by the occupation’s machinery.

 Legal Commentary:

The actions of the Israeli authorities in demolishing Palestinian homes and agricultural structures are violations of international law and humanitarian principles, including the right to adequate housing, as protected by several international legal provisions:

 Article 147 of the Fourth Geneva Convention: Defines the destruction and seizure of property on a large scale, not justified by military necessity, as a serious violation of the Convention.

Article 53 of the Fourth Geneva Convention of 1948 :prohibits the destruction of property, as this article states the following: “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.”

Article 33 of the Fourth Geneva Convention: “States that no person can be punished for an offense they have not personally committed”.

 Paragraph (g) of Article 23 of the Hague Convention (1907): Warns against the destruction or seizure of enemy property unless justified by military necessity.

Article 17 of the Universal Declaration of Human Rights (1948): States that "No one shall be arbitrarily deprived of their property."

مشروع: حماية الحقوق البيئية الفلسطينية في مناطق "ج" SPERAC IV - GFFO

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 Norwegian Refugee Council.

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؛ المجلس النرويجي. للاجئين