Israel Forces Palestinian To Demolish His Home In Jerusalem

“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article


Wednesday May 08, 2013 05:04 by Saed Bannoura – IMEMC & Agencies

Tuesday May 7 2013, A Palestinian man from occupied East Jerusalem had to demolish his own home in order to avoid high fines and expenses after an Israeli court decided to demolish his property under the pretest that it was built without a construction permit.

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File – Palinfo

Resident Azzam Al-Afeefy, said that he was forced to demolish his home in the Old City, after an Israeli Court in Jerusalem informed him that should the City Council demolish his home, he will face huge fines, including the large bill for the cost of demolishing his property, and for removing the rubble.

On Monday morning, April 29, 2013, Israeli soldiers demolished three Palestinian homes in the At-Tour area, in occupied East Jerusalem, rendering at least 30 Palestinians homeless.

Mohammad Abu Al-Hummus, coordinator of the At-Tour and Al-Esawiyya Follow-up Committee, told the Radio Bethlehem 2000, in Bethlehem, that two army bulldozers, accompanied by several military jeeps, invaded the area, and demolished three homes that belong to Gheith family.

Abu Al-Hummus added that the army previously forced the residents out of their homes three times under the pretext that they were built without construction permits.

He also stated that the area in question witnesses frequent attacks and violations carried out by Israeli soldiers and extremist settlers at it falls under the area Israel illegally classifies as a “National Garden”.

On Wednesday April 24, 2013, Israeli bulldozers of the Jerusalem City Council, accompanied by Israeli soldiers and police officers, demolished three vacant brand new apartments in Al-Hardoub neighborhood in the At-Tour town in occupied East Jerusalem.

Commenting on the attack, Palestinian Field Researcher at the Jerusalem Affairs Department of the Palestinian National Authority, Ahmad Sob-Laban, stated that what Israel is doing in Jerusalem is a systematic policy that aims at removing the Palestinian population from the city.

Sob-Laban added that since Israel occupied East Jerusalem in 1967, it only granted the Palestinians 4000 construction permits comparing to 53.000 permits granted to Israeli settlers.

Also in April, the army demolished an under-construction home in Shiokh Al-Arroub town, north of the southern West Bank city of Hebron. The 150 square/meter home belongs to Ya’coub Abu An-Nawa.

The soldiers also demolished another home, and an under-construction home, that belong to resident Hazim Jawabra, in the same area, and uprooted olive trees, grapevines and fig trees, in addition to demolishing an under-construction home and walls that belong to resident Omar Younis Mheisin.

According to data collected by the Israeli Committee Against Home Demolitions (ICAHD) and was published several few months ago, Israel’s demolition of Palestinian homes is a systematic policy that aims at forcing the Palestinians to leave Jerusalem in order to maintain Jewish majority.

ICHAD estimates that Israel demolished at least 24.145 homes in the West Bank, East Jerusalem and the Gaza Strip since 1967.





LAW

“States may not deport or transfer parts of their own civilian population into a territory they occupy.”

Summary

State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
International armed conflicts

The prohibition on deporting or transferring parts of a State’s own civilian population into the territory it occupies is set forth in the Fourth Geneva Convention.[1]

It is a grave breach of Additional Protocol I.[2]

Under the Statute of the International Criminal Court, “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.[3]

Many military manuals prohibit the deportation or transfer by a party to the conflict of parts of its civilian population into the territory it occupies.[4]

This rule is included in the legislation of numerous States.[5]

Official statements and reported practice also support the prohibition on transferring one’s own civilian population into occupied territory.[6]

Attempts to alter the demographic composition of an occupied territory have been condemned by the UN Security Council.[7]

In 1992, it called for the cessation of attempts to change the ethnic composition of the population, anywhere in the former Yugoslavia.[8]

Similarly, the UN General Assembly and UN Commission on Human Rights have condemned settlement practices.[9]

According to the final report of the UN Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements, “the implantation of settlers” is unlawful and engages State responsibility and the criminal responsibility of individuals.[10]

In 1981, the 24th International Conference of the Red Cross reaffirmed that “settlements in occupied territory are incompatible with article 27 and 49 of the Fourth Geneva Convention”.[11]

In the Case of the Major War Criminals in 1946, the International Military Tribunal at Nuremberg found two of the accused guilty of attempting the “Germanization” of occupied territories.[12]

References

[1] Fourth Geneva Convention, Article 49, sixth paragraph (cited in Vol. II, Ch. 38, § 334).

[2] Additional Protocol I, Article 85(4)(a) (adopted by consensus) (ibid., § 335).

[3] ICC Statute, Article 8(2)(b)(viii) (ibid., § 336).

[4] See, e.g., the military manuals of Argentina (ibid., §§ 346–347), Australia (ibid., § 348), Canada (ibid., § 349), Croatia (ibid., § 350), Hungary (ibid., § 351), Italy (ibid., § 352), Netherlands (ibid., § 353), New Zealand (ibid., § 354), Spain (ibid., § 355), Sweden (ibid., § 357), Switzerland (ibid., § 357), United Kingdom (ibid., § 358) and United States (ibid., § 359).

[5] See, e.g., the legislation of Armenia (ibid., § 361), Australia (ibid., §§ 362–363), Azerbaijan (ibid., §§ 364–365), Bangladesh (ibid., § 366), Belarus (ibid., § 367), Belgium (ibid., § 368), Bosnia and Herzegovina (ibid., § 369), Canada (ibid., §§ 371–372), Congo (ibid., § 373), Cook Islands (ibid., § 374), Croatia (ibid., § 375), Cyprus (ibid., § 376), Czech Republic (ibid., § 377), Germany (ibid., § 379), Georgia (ibid., § 380), Ireland (ibid., § 381), Mali (ibid., § 384), Republic of Moldova (ibid., § 385), Netherlands (ibid., § 386), New Zealand (ibid., §§ 387–388), Niger (ibid., § 390), Norway (ibid., § 391), Slovakia (ibid., § 392), Slovenia (ibid., § 393), Spain (ibid., § 394), Tajikistan (ibid., § 395), United Kingdom (ibid., §§ 397–398), Yugoslavia (ibid., § 399) and Zimbabwe (ibid., § 400); see also the draft legislation of Argentina (ibid., § 360), Burundi (ibid., § 370), Jordan (ibid., § 382), Lebanon (ibid., § 383) and Trinidad and Tobago (ibid., § 396).

[6] See, e.g., the statements of Kuwait (ibid., § 405) and United States (ibid., §§ 406–407) and the reported practice of Egypt (ibid., § 402) and France (ibid., § 403).

[7] See, e.g., UN Security Council, Res. 446 , 452 and 476 (ibid., § 408), Res. 465 (ibid., § 409) and Res. 677 (ibid., § 410).

[8] UN Security Council, Res. 752 (ibid., § 411).

[9] See, e.g., UN General Assembly, Res. 36/147 C, 37/88 C, 38/79 D, 39/95 D and 40/161 D (ibid., § 412) and Res. 54/78 (ibid., § 405); UN Commission on Human Rights, Res. 2001/7 (ibid., § 413).

[10] UN Sub-Commission on Human Rights, Final report of the Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements (ibid., § 415).

[11] 24th International Conference of the Red Cross, Res. III (ibid., § 419).

[12] International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement (ibid., § 421).


Still live in fairy-tale-land about Israel? Time to wake up: The Map of the “Greater Israel” even is hammered on the currency:All facts at Storify continuously updated. Read what Israeli ‘leaders’ have said and done even before (peace) talks and how their actions contradict the reality and ugly facts which they try to hide from you:

You can forget all details. Save yourself time. It is only about Ethnic Cleansing of Palestine

Israel. Not looking for Peace. Nor Talks. But this…

The facts. Mainly Israeli sources. Continuously updated


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