Israeli forces demolish Palestinian homes in East Jerusalem

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


Maan News Agency | Aug 26, 2013

 

223274_345x230[1]JERUSALEM (Ma’an) – Israeli forces razed several structures in the East Jerusalem neighborhoods of al-Tur and Eisawiya under the pretext that they were built without a license.

Locals told Ma’an that a large number of Israeli forces including special forces, police horsemen, and border guard officers raided Khallat al-Ein neighborhood in al-Tur. The invading forces denied residents and journalists access to the area before they forced two families to quickly evacuate their houses for demolition. The families were given only minutes to pull out some of their belongings.

Zakariyya al-Daya told Ma’an that without a prior notice, Israeli forces stormed his house and another house belonging to his brother Abdul-Aziz and ordered the families to evacuate them for demolition. Al-Daya asserted that he had obtained a court decision to suspend the demolition order until October. He tried to show the soldiers the decision but they refused to argue with him and attacked him with pepper spray, he said.

Al-Daya explained that the two houses measured 120 square meters and used to shelter 12 family members. They were built six years earlier on a private tract of land. The Israeli municipal council of Jerusalem then ordered the family to pay a fine of 20,000 shekels followed by another fine of 60,000 shekels which the family is still paying in installments.

Separately, Israeli forces demolished a building under construction in the same neighborhood belonging to Mahir Abu Sbeitan. A member of a Jerusalem follow-up committee, Mufid Abu Ghanam, told Ma’an that the two-story building measured 250 square meters and consisted of four apartments.

He highlighted that Israeli authorities prevent Palestinian residents of Jerusalem from building new houses on their own private land or enlarging their houses to meet natural growth. Meanwhile, he added, Israeli settlements are being expanded without interruption.

The Israelis, according to Abu Ghannam, use trivial pretexts to prevent residents from building houses in al-Tur. Sometimes they claim the lands are conserved open space reserves, then they claim the land has been confiscated to be used for public purposes. “These are all pretexts to take the land for settlements so as to maintain control in Jerusalem.”

Before Israel built the Har Homa settlement on Jabal Abu Ghneim near Bethlehem and Maale Adumim east of Jerusalem, the government used to prevent Palestinian construction in the area by claiming it was dedicated for building national parks. “All of a sudden two major Israeli settlements have been built in the area,” he said.

Another Israeli demolition raid targeted Eisawiya village where bulldozers razed three steel structures used as sheep barns and a scrap yard. The barns belonged to Natsha family, while the scrap yard belonged to Gheith family.

Israeli forces leveled an area of 2,000 square meters and uprooted several trees.





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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