Land Research Center - LRC

Demolition of a building in Ras-Khamees- Shufat camp / Jerusalem

2018-11-07

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Wednesday, November 07-2018, The Israeli occupation municipality in Jerusalem demolished a residential building in Ras-Khamees quarter – Shufat refugees camp – north occupied Jerusalem on the pretext of building without obtaining a proper permission.

The building owned by Mohammad As-Sa'iri , and is reported to have 4 floors, one of them is a garage, the other 3 floors consist of 4 apartments each one has an area of 200 m2, built in 2016, ready for use but uninhabited yet, the building is only few meters away from the apartheid wall that surrounds Jerusalem.

Owner Mohammad As-Sairi told LRC observer:

"In February I received a demolition military order from the Israeli occupation municipality on the pretext of building without receiving a proper license. Noteworthy, the Israeli municipality never grants permissions for Palestinians in that area.

This morning, Number of Israeli occupation police members accompanied by a military bulldozer broke into the location, demolished the structure, after 3 hours they left causing huge destruction and great pain to me"

In the recent 3 years, the Israeli occupation forces broke into the refugees camp several times, took pictures of the targeted structures and served demolition-orders to buildings contain tens of apartments. In the recent year the Israeli occupation served demolition military orders to 28 buildings contain 70 inhabited apartments on the pretext of unlicensed constructions.

Legal commentary:

Israeli policies in demolishing Palestinian facilities and constructions are a violation of basic human rights guaranteed by international conventions like 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.

This case study is part of Kan'aan Project

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