2018-08-15

IOF demolish a home in Al'Isawiya on the pretext of building without permission / Jerusalem

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Wednesday, 15 august 2018, The occupation bulldozers carried out demolishing a house in Al'Isawiya on the pretext of building without permission. A number of the occupation's police members and a bulldozer broke into the village early in the morning, and headed to citizen Nader Abu Riala home, They closed the area, then the bulldozers completely demolished the house, the house is a residential apartment built of stones, it consists of one floor with a total space of 120 m2 , it is ready for usage , but not inhabited yet, The citizen was planning to move to it with his wife, son, mother and three sisters.

Citizen Nader Abu Riala told LRC observer:

"2 months ago, the occupation's municipality demolished the house I have been building and caused over 300,000 shekels , On the pretext of building without permission, It is important to point out that the occupation does not guarantee building  permissions in Al'Isawiya as long as the area is unorganized. In order to organize the area, it needs new housing plans, there are tens of houses, building and firms on danger of demolition , on the pretext of unpermitted buildings."

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It is worthy mentioning that the occupation authorities are increasing their repressive procedures against Al'Isaweya people, they decree tens of demolition orders against houses and firms , in addition to installing check points on the towns entrances, and filing fines against derivers, other than decreeing taxes, daily breaking into towns and assault citizens and their properties. Moreover, they arrest citizens, especially children, there are number of children who are home arrests or administrative  detainees or have to pay expensive fines. Nevertheless, they turned numbers of them to work in Israeli institution as  a punishment.

Al'Isawiya:[1]

 7  kilometer north Jerusalem, Al'Isawiya is surrounded by Shu'fat and 'Anata (North), Jerusalem and Shu'fat  (west), Al' Eizariya (east) , Jerusalem and Az Za'ayyem (north) .

Al'Isawiya has a total area of 9,419 of which  673  dunums are a built-up area of the village. 

The Israeli occupation devoured  2305  dunums of the lands of the village, for the following purposes:

The occupation devoured 1019 dunums for colonies:

Name of the colony

Establishing year

Total devoured area , dunums

Number of colonist

Hebrew University – Har HaTzofim

1968

538.6

unavailable

Giv'at Shappira

1968

234.3

6,631

Mishr Adummim

1974

246

unavailable

  • bypass number (1) and number (437)  took over  641.5 dunums of the village lands.

 The Apartheid Wall that damaged 44 dunums and is 443 long.

  • Occupation's military camps took over 600 dunums.

Legal feedback:

The doings of the occupation's authorities of demolishing Palestinian homes and buildings is a serious violation of international and humanitarian law. And violate the rights of Palestinian citizens as ensured by international law and international conventions which is the right of an appropriate residence . According to the following articles:

Article 147 of Geneva fourth convention  : extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. ( it is considered a serious violation of the convention)

Article 53 of Geneva fourth convention that forbids destroying properties : 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 co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.

Article 33 of Geneva fourth convention: No protected person may be punished for an offence he or she has not personally committed.

Article 32 of Hague convention 1907 part g: To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.

Article 17 of Universal declaration of human rights 10 –Dec- 1948:  No one shall be arbitrarily deprived of his property.

                   

[1] GIS - LR

This case study is part of Kan'aan Project

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