2021-03-24

Halt of Work and Construction for A Facility in Qibya / Ramallah governorate

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Violation: Halt of Work notice for a facility.

Location: Qibya village/ Ramallah governorate.

Date: March 24th 2021.

Perpetrators: The building inspector at the Israeli Civil Administration.

Victims: Citizen Mohammed Ghaydan.

Description:

Wednesday, March 24th 2021, the building inspector - the Israeli Civil Administration protected by the occupation forces raided Qibya village north Ramallah, and gave citizen Mohammed Ghaydan a halt of work order on the pretext of building without a license.

According to the military notice, the occupation sat may 19th as the date of the building and organization session in Beit El military court to decide the fate of the structures.

The targeted structure is an establishment on 30 dunums used as to dismantle and sell used cars, and belongs to citizen Mohammed Ghaydan , who is the only supporter of his family.

The following table shows more information about the owner and the structure:

Affected citizen

Family members

Children under 18

Military order number

The targeted facility

area

male

female

Mohammed Ghaydan

5

4

3

31146

A

30 dunums

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Halt of work and construction order

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the targeted facility

During the past ten years, Qibya was heavily targeted by the building inspector at the Israeli Civil Administration, according to the village council records , about 37 agricultural , commercial and residential facilities received halt of work notices, most of them are in the western and southern sides of the village.

About Qibya:

  • 38.5 km west Ramallah , Qibya is surrounded by Shuqba (north) , the green line (west), Shuqba and Ni’lin (east) , and Badres and Ni’lin (south).
  • Qibya has a total population of (6090) people according to 2017 census.
  • The village has a total area of 4,896 dunums , of which 1,043 a structural area.
  • Qibya is penetrated by the segregation and expansion wall (560 m long) , the wall ate up 56 dunums , and isolated 66 dunums .

Oslo accords divided the town’s lands as the following:

  • Area A: NA
  • Area B : 1,076 dunums.
  • Area C : 3,820 dunums.

Legal Commentary:

Demolition of Palestinian structures by the occupation authorities is a  violation of international and humanitarian law presented by the following articles:

  • Article 17 of the Universal Declaration of Human Rights, dated December 10, 1948 states that “No one shall be arbitrarily deprived of his property”.
  • 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.

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This Publication has been produced with the assistance of the EU
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