Land Research Center

Violation: Demolishing a house.

Date: November 26^th 2019.

Location: “‘Atarot” industrial zone – Beit Hanina.

Perpetrator: The Israeli Occupation Municipality in Jerusalem.

Victims: Citizen Mohammad Al-Bazian.

Description:

Tuesday, November 26^th 2019, The Israeli Occupation bulldozers demolished a house in Beit Hanina north Jerusalem half kilometer away from Qalandiya military checkpoint, the targeted house belong to citizen Mohammad Al-Bazian , it was a home for a family of 14 among them 9 children (one of them suffers from Autism).

The house was built 4 years ago with a total area of 210 m², after finishing the construction, the occupation policemen accompanied by municipality workers showed up and hanged a demolishing order on the house and gave the owner a summons to appear in the municipality court ,the court decided to impose a fine of 360 000 NIS (about 104,350 $), on the pretext of building without licenses (monthly payment is 2500 NIS about 725$).

Last April, the occupation forces accompanied by a bulldozers raided the area with the intention of demolishing the house, but the family deposited a sum of money in the municipality’s treasury to delay the demolition, and since that day the family has been working nonstop to save themselves from homelessness.

Monday morning one day before the demolition, the Israeli occupation policemen went to the owner and told him that they have a demolition order, the family’s lawyer filed a plea but it was refused by the municipality.

In the next day , Tuesday morning , a massive force of Israeli policemen raided the area with a bulldozer , and forced the family to leave their house before they leveled it to the ground , the demolition took two hours, then the bulldozer left leaving a massive destruction behind , and a homeless family in a cold winter night.

About Beit Hanina: [1]

5 km north Jerusalem, Beit Hanina is surrounded by Bir Nabala (north), Beit Hanina down town (Bait Hanina town was divided to two parts by the Apartheid wall Upper Beit Hanaina and Beit Hanina down town) (west), Hizma (east) and Shufat (south). Beit Hanina has a population of 33,617 people in 2009, and an area of (8,877) , (3,341) dunums are a built up area.

The occupation confiscated over 3700 dunums for the following purposes:

•          Illegal colonies confiscated (3064) dunums as follows:

•          Bypass roads (50 +60) confiscated over 482 dunums.

•          Apartheid wall took over 50 dunums and has a length of (987) meters.

•          Occupation's military camps took over (103) dunums.

Legal Feedback:

Israeli occupation measurements of demolition Palestinian constructions is a violation of the rights of Palestinian citizens as ensured by international law and international conventions especially 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-LRC