2021-09-29

Halt of Work and Demolition Notice for an Under Construction House in Shuqba / Ramallah


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Violation: Halt of work and demolition notice for an under-construction structure.

Location: Shuqba village / Ramallah governorate.

Date: September 29th 2021.

Perpetrators: The building inspector at the Israeli Civil Administration.

Victims: Citizen Rabe’a Hassan.

Description:

Wednesday, September 29th 2021, the building inspector at the Israeli civil administration handed a halt of work and demolition order targeting an under-construction house and an excavated area with a total area of 120 m belong to citizen Raba’a Hassan, on the pretext of building in area C without a license.

Noteworthy, the military order ordered the immediate stoppage of construction, and returning the plot to its previous status within 30 days. Noting that the owner received a halt of work order in February 2nd 2021.

Shuqba village is located 24 km north Ramallah city, and it is one of the villages that suffer of vicious assaults, Shuqba has an outline of 1320 dunums out of 51 thousand dunums of the total area of the village, the outline does not cover the village needs with a population of 4260 people according to 2017 statistics. As a result, people build in area C without licenses , which makes them exposed to demolition operations , noting that about 14 residential and agricultural facilities in Shuqba received halt of work and demolition orders.

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the targeted structure

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Halt of Work and demolition order issued by the occupation authorities

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.

About Shuqba village:[1]

34 km north west Ramallah , Shuqba is bordered by Aboud (north) , Al-Qubaiba and the green line (west) , Deir Abu Masha’al (east) and Shabtin (south).

Shuqba has a total population of (5,459) people according to 2017 census.

The village has a total area of 13,495 dunums, of which 979 dunums are a built up area for Aj-Jalama.

The occupation confiscated 613 dunums for the following purposes:

1- Bypass 446 ate up (335) dunums.

2- The apartheid wall (2780 m) ate up (278) dunums , and isolated

(1390) dunums.

Oslo accords divided Shuqba lands as the following:

– B area : 1208 dunums.

– C area : 12,287 dunums.

GIS-LRC


[1] GIS-LRC

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