Violation: demolition of a retaining wall.

Location: Al-Dyouk Al-Tahta area / Jericho Governorate.

Date: 13/03/2022.

Perpetrator: the so-called building inspector of the Israeli Civil Administration.

Victims: Citizen Amer Khalil Abdul Qader Al Qawasmeh.

Description:

  On Sunday morning, March 13^th 2022, the Israeli occupation army, accompanied by the so-called construction inspector at the Israeli Civil Administration, raided the Al-Dyouk Al-Tahta area, located to the west of Jericho, and demolished a retaining wall built of bricks and reinforced concrete, 23 meters long and 1.5 meters high, using a private bulldozer that was brought by the attacking army force. The demolished wall surrounds part of a plot of land with a total area of one dunum owned by Mr. Amer Khalil Abdel Qader Al Qawasmeh who lives in Jerusalem.

The affected citizen had previously received a military notice in March 7^th 2022 that included an order to stop work and evacuate the place within a period that does not exceed 96 hours. The demolition was carried out by the occupation forces despite the fact that the target area is located within the boundary of the built up area of Jericho Municipality.

 Ruins of walls after demolition

During the current month of March, owners of eight houses received stop work military notices in the same area on the pretext of building without a license, as it is the first time that military notices are issued in that particular area.

Legal Commentary:

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:

• Article 147 of the Fourth Geneva Convention, which states that “Destruction and usurpation of property in a manner not justified by military necessity and on a large scale in an unlawful and arbitrary manner is a grave breaches 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.

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