On January 27, 2016, The Israeli authorities demolished two Palestinian houses in the Jerusalemite neighborhoods of Shu’fat and Jabal Al-Mukabber in the Eastern part of the city of Jerusalem.

An entire 20 family members displaced in Shu’fat Neighborhood

On the early morning of January 27, 2016 ,  a crew from what is so-called “Israeli Municipality of Jerusalem” protected by Israeli “Border Police” stormed Shu’fat town , north of the city of Jerusalem and started without prior notification the demolition of a Palestinian house in  al-Ashkareya neighborhood which is part of Shu’fat and Beit Hanina towns lands as well.

Kefaya al-Rasheq , the owner of the targeted house indicated that the Israeli bulldozers and without prior notification stormed their houses and forcibly knocked her along with her 20 family members out of the house before they demolished their only shelter.  

Mrs.al-Rasheq added that the house was built 15 year ago, while the demolition came according to its proximity from the route of  Israeli under construction bypass road No. 20.

In the same day, the Israeli bulldozers stormed al-Sal’a neighborhood in Jabal al-Mukabber south of the city of Jerusalem and demolished am under construction house owned by the Jerusalemite resident Mr. Ibrahim ‘Ali Sirri.

Mr. Sirri, indicated that his neighbors informed him that his under construction house in being demolished by the Israeli bulldozers before he arrived to the site  and watched the destruction . He also added that before one month he received a stop construction order form the Israeli Municipality of Jerusalem , and since then he halt all the constructions in his 60 m2 house  unless he shocked with the bulldozers demolishing his house without prior notification.

The Israeli Bypass Road No. 21

The route of the Israeli bypass road will first connect with the Israeli bypass road No.9, known to the Israeli as 'Yigal Yadin Boulevard, passing by the settlement of Ramat Shlomo (Reches Shu'fat) from the east, and travels northwards, penetrating through the lands of Shu'fat town and continues along its northern slopes towards Beit Hanina town where it intersects at some point with the newly constructed bypass road No. 20.The road continues northwards, cutting through the lands of Beit Hanina and heads towards its last connection point with Bir Nabala Road (known to the Israeli as Beit Horon Road), where it finally connects with the Atarot Industrial Zone (An Israeli Industrial Zone).

It is worth mentioning that the road will include new entrances to Ramat Shlomo (Reches Shu'fat) Settlement and the future neighborhoods that are slated for implementation in the settlement; and is being implemented by Moriah Jerusalem Development Company. The bypass road is going to be implemented on stages as published by Moriah Company, and this includes:

Section 1: From the Israeli bypass road No.9 (Yigal Yadin Boulevard) to the southern entrance of the settlement of Ramat Shlomo. This section will extend a total length of 350m and will serve as an entrance to the settlement.

Section 2: From the southern entrance of Ramat Shlomo settlement to the northern entrance of the settlement. This section will extend a total length of 1.2 km.

Section 3: From the northern entrance of Ramat Shlomo settlement to intersect with the newly constructed Israeli Bypass Road 20. This section will extend a length of 2.7 km.

Section 4: This section extends from the Israeli bypass Road No. 20 to finally intersect with Beit Horon settlement road (), and links with the Israeli Industrial Zone, Atarot. The total length of this section is 3.1 km. See the map below:

Israeli Bypass road No. 21

Israeli Bypass road No. 20 …where in January 2013, Israel commenced the construction of a new bypass road on lands of Shu’fat and Beit Hanina communities north of Jerusalem city, Bypass Road No. 20: The new bypass road aims at linking the northern illegal Jerusalem settlements with each other and regulating access of the future Israeli settlements and neighborhoods that are planned to be built in the city of Jerusalem.

The route of the Israeli bypass road will first connect with the Israeli bypass road No.9, known to the Israeli as 'Yigal Yadin Boulevard', passing by the settlement of Ramat Shlomo (Reches Shu'fat) from the east, and travels northwards, penetrating through the lands of Shu'fat town and continues along its northern slopes towards Beit Hanina town where it intersects at some point with the newly constructed bypass road No. 20. The road continues northwards, cutting through the lands of Beit Hanina and heads towards its last connection point with Bir Nabala Road (known to the Israeli as Beit Horon Road), where it finally connects with the Atarot Industrial Zone (An Israeli Industrial Zone). Plans for the Israeli bypass road No.21 were advanced in 2002 when Moriah Jerusalem Development Company, approved designs and published tenders for its constructions. The total budget of constructing the Israeli bypass road No. 21 is NIS 112 million and is to be completed by January 2015. The Israeli Ministry of Transportation claims that the main aim of constructing this new Bypass road is to reduce traffic congestion during rush hours in Jerusalem city by providing Israeli settlers living in Jerusalem settlements an alternative road for that purpose.  

 

It is worth mentioning that  on November 2, 2015, the Israeli authorities demolished three Palestinian houses in Nuseiba neighborhood in Beit Hanina town and another house in Jabal Al-Mukkaber under the pretext of lacking proper authorization from the “Israeli Municipality of Jerusalem”.

Moreover and on November 3, 2015 also , a crews from the Israeli Municipality of Jerusalem hanged an administrative demolition orders on the walls of a Mosque  and a car wash station in Silwan neighborhood.

The threatened mosque is “Al-Ka’ka’” Mosque and located  in Abu-Tayeh- Eein Allouza neighborhood in the Jerusalemite town of Silwan in the heart of the city of Jerusalem while the carwash station located in the nearby neighborhood of Abu Ya’koub.

163 Houses and Structures Demolished in East Jerusalem in the year 2015

During the year 2015, the opt including the Eastern part of the city of Jerusalem had witnessed a tremendous demolition campaign in which  482 houses and structures demolished under the pretext of lacking building permits. Of those demolished in the Palestinian Territory, 163 houses and structures (33.8 % from the oPt total demolitions) were demolished in the Eastern part of the city of Jerusalem. See the charts below:-

Chart 1: Demolished houses & Structures in the oPt between January- December 31, 2015

 

Chart 2 : Demolished houses & Structures in East Jerusalem between January- December 31, 2015

 

Legal & International Status

With no “military necessity”  justifications , the fierce demolition campaign against the Palestinian houses constitute a flagrant and grave breach for the International law rules and conventions (Art. 51 of the 1949 Geneva Convention II –Art. 147 of the 1949 Geneva Convention IV- Art. 53 of the 1949 Geneva Convention IV-Art. 23(g) of the 1899 Hague Regulations – the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Articles 13 and 17 and Article 12 of the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 19 December 1966  :-

 

• Articles 147 of the Fourth Geneva Convention indicated that: Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. is a grave breach of the Convention.

 

• Art. 23 of the Hague Convention of 1907 also provides: In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;.

 

• Article 53 of the same convention provides that 'any destruction by the Occupying power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities or social or cooperative organizations is prohibited, except where such destruction is rendered absolutely necessary by military operations.'

 

• Article 147 of the convention considers 'extensive destruction and appropriate of property, not justified by military necessity and carried out unlawfully and wantonly' as a grave breach of the Convention and thus constitute a war crime.

 

• Under the Universal Declaration of Human Rights Adopted and proclaimed by General Assembly resolution 217 A (III) of, December 10, 1948, Article 17 reads: 'No one shall be arbitrarily deprived of his property.' Which means it bans Israel from destroying or confiscating the property of the Palestinians at any case.

 

• Universal Declaration of Human Rights Article 13: Everyone has the right to freedom of movement and residence within the borders of each State. 

 

• Article 12' of the International Covenant on Civil and Political Right International Covenant on Civil and Political Rights. Adopted by the General Assembly of the United Nations on 19 December 1966: Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

 

Prepared by  
The Applied Research Institute – Jerusalem