New Wave of Demolition Order in Deir Ballut town in Salfit Governorate

February 9, 2016

On the 7th of February 2016, the Israeli Occupation Army handed out military orders to stop the construction in four Palestinian houses in Deir Ballut town, west of Salfit city.

As a matter of fact, the new orders signed on the 2nd of February 2016, while handed out for the residents on the 7th of February 2016. Also, the orders set a date 3rd of February 2016, to decides the cases in the Planning and construction committee in the Israeli Civil Administration.

According the Israeli orders the targeted houses were “built without a permit”, from the Israeli Civil Administration. The orders gave to the owners after the end of the date that set to discuss the cases. In other words the Israeli Authorities left the Palestinians without any possibility to petition against the orders, where the Israeli Authorities will demolish the houses sooner or later.

Following the details about the targeted houses:-

The analysis conducted by the Geo-Informatics department in the Applied Research Institute-Jerusalem (ARIJ), showed that the targeted houses located at the eastern part of Deir Ballut town and within the area that classified as “Area C” (according to Oslo Agreement, 1995), which it under the control of the Israeli Authorities. The Palestinians living in the “Area C” (about 60% of the total area of the West Bank) need to issue the “building permit” from the Israeli Authorities where most of their request usually denied. See the map belwo

The analysis also showed that the targeted houses located near the Israeli Bypass road No. 446, which used by the Israeli settlers living in Alei Zahav and Pedu’el settlements. Accordingly, the Israeli Authorities not only targeted these houses because it were built with permits but also because these houses proximity to an Israeli controlled road.

Furthermore, the targeted houses located within the area classified as “Western Segregation Zone”. The area created after the construction of the Israeli Segregation wall (located between the Israeli Segregation Wall path and the Green line (Armistice line of 1949)).

The Israeli Western Segregation Zone isolated 733 km2 of Palestinian land, which constitutes about 12.7% of the total area of the West Bank. These area stands to annex 103 Israeli settlements in additional to 60 Palestinian localities.

Deir Ballut town:-

Deir Ballut is a Palestinian town in Salfit Governorate located 15 km west the city of Salfit. Deir Ballut is bordered by Kafr Ad Dik village to the east, Al Lubban al Gharbi in Ramallah Governorate to the south, Kafr Qasem (lands of 1948) to the west, and Rafat village to the north. For more information: http://vprofile.arij.org/salfit/pdfs/vprofile/Deir%20Ballut_tp_en.pdf

To sum up:

All of the Israeli activities in the occupied Palestinian territory are illegal since it contradict with the United Nation Security council Resolutions 242 and 338 that stipulate the illegality of the Israeli military occupation of the Palestinian lands and that includes all the confiscations, building illegal settlements and outposts and bypass roads,  constructing the Segregation Wall, destroying Palestinian properties and restricting their movement and all of the colonial practices conducted by Israel since June 4, 1967-present are illegal, null and void.

Moreover , the systematic Israeli targeting of the  of the Palestinian lands and properties 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.

Prepared by:
The Applied Research Institute – Jerusalem