Israeli Occupying Forces Systematically Attack Civilian Property in Khan Yunis (Gaza Strip)

27,January,2005

Since the explosion of the second Intifada in September, 2000, Gaza Strip has been facing a series of attacks on civilian property by Israeli occupation forces resulting in a huge campaign of house demolitions as well as the confiscation and/or destruction of land. In the past four years Israeli occupying forces have destroyed over 3,000 Palestinian homes, confiscated close to 10,000 dunums (10 km2) of private land and bulldozed (shaved) nearly 46,000 dunums (46 km2) of agricultural land in Gaza Strip. See Map one           The destruction of civilian property is especially acute in the southern cities of Rafah and Khan Yunis.  Many houses in these two cities have been bombed or bulldozed by Israeli occupying forces.  The massive demolitions have made tens of thousands of Palestinian civilians homeless and contributed to the worsening humanitarian crisis in the Gaza Strip.    The destruction of civilian property is especially acute in the southern cities of Rafah and Khan Yunis.  Many houses in these two cities have been bombed or bulldozed by Israeli occupying forces.  The massive demolitions have made tens of thousands of Palestinian civilians homeless and contributed to the worsening humanitarian crisis in the Gaza Strip.    Israeli occupying forces, accompanied by tanks, helicopter gun ships and armored Caterpillar bulldozers invaded the western neighborhoods of Khan Yunis three times in a row in December 2004.  The incursions into the Khan Yunis Refugee Camp and Al Nimsawi neighborhood occurred under a heavy barrage of gunfire and the heavy shelling of Palestinian residential areas.  In total, at least 66 Palestinian homes were destroyed in Khan Yunis during the month, thousands of Palestinians were displaced and left homeless, and massive destruction of the civilian property was recorded (see Annex).  Many home demolitions occurred without warning, giving residents no chance to salvage their belongings.  Israeli occupying forces also confiscated 100 dunums of agricultural lands and uprooted 3100 of fruit trees during December, See Chart One.     Chart One: Destruction to civilian property perpetrated by Israeli occupying forces in Khan Yunis, December 2004   Source : ARIJ Data base, 2004   Israel claims that their policy of home demolitions and property destruction is necessary to uncover smuggling tunnels and stop the firing of homemade mortars at illegal Jewish settlements in the Gaza Strip.  The systematic nature of the home demolitions and shaving policy, however, suggests that Israel is using the pretext of 'military necessity' to expand its control over additional portions of Palestinian land.  The clearing of homes and agricultural land creates large areas of empty space watched over by Israeli sniper towers and military positions and under de-facto Israeli control.  Palestinian development on portions of shaved land is impossible and civilians who venture into cleared areas risk being shot on site.    Israeli attacks on Palestinian civilian property have occurred systematically throughout the Gaza Strip.  In the past four years over 3,000 Palestinian homes have been demolished, close to 10,000 dunums (10 km2) of private land has been confiscated and nearly 45,908 dunums (45.9 km2) of agricultural land has been bulldozed (shaved).  Israel has increased its efforts steadily over the last four years, reaching a peak during 2003 and 2004. See Map Two.   Map 2: Satellite image showing the middle and southern parts of Gaza Strip      Chart Two:  Land Confiscation and Home Demolitions in the Gaza Strip (2003 and 2004) Source : ARIJ Database, 2003 & 2004   Photos 1 and 2: The aftermath of Israeli home demolition and land clearing operations in Khan Yunis during December 2004 Source: The Palestinian Centre for Human Rights (www.pchrgaza.org).     Israeli occupying forces have concentrated their efforts on strategic areas near Israeli controlled 'buffer zones' around the edges of the Strip and in locations close to illegal Jewish settlements in the area.  The concentration of Israeli land clearing operations in these areas suggest that Israel is using the policy to increase the areas under de-facto Israeli control and also open more land to the possible expansion of the illegal Israeli settlements in the Gaza Strip (see Map 2).     In fact, despite Israeli Prime Minister Ariel Sharon's statements that his government is preparing a 'relocation' of 17 out of the 21 illegal settlements in the Gaza Strip, recent actions of Israeli occupying forces suggest that Israel is consolidating and expanding these settlements.  The systematic use of home demolition and land clearing policies in areas adjacent to the settlements is one example of this consolidation process.  Other examples include the construction of walls and military infrastructure around the settlements and the construction of additional housing units and public infrastructure within the settlement area (see Annex 1).     Furthermore, on January 10, 2004, A new suggested plan devised by the Israeli Security Cabinet to construct a new security Canal along the Philadelphi Corridor (the border area between Gaza Strip and Egypt) in Rafah district southern of Gaza Strip. According to Israeli officials, this plan is required as Israel would retain more control over the Corridor, while giving up the initial idea of filling it with seawater.   The new specifications will be a canal of 15 kilometers long, more than 10 meters deep forming the shape of a triangle with an opening of tens of meters wide. The canal will stretch along Philadelphi corridor with electrical devices that enables the detection of tunnel constructions. Israel, to implement this new plan, would have to raze the '3000 + ' Palestinian houses located along the path of the Corridor.     The Destruction of Civilian Property in International Law:-   Israel's actions in the Occupied Palestinian Territories, including the Gaza Strip, are in direct violation of numerous United Nations Security Council and General Assembly Resolutions. In particular, UN Security Council Resolution 242 (1967) calls for 'the withdrawal of all Israeli armed forces from the territories occupied' in the 1967 war.   In addition, as an occupying power, Israel is bound by the application of international humanitarian law.  Policies targeting civilian property, however, including Palestinian homes and agricultural land, violate the most basic tenets of the international legal regime.   The demolition of Palestinian homes, destruction of agricultural and seizure of private lands is explicitly outlawed by The Hague Conventions of 1907. Convention IV, Article 23 (G) clearly states that the occupying power is forbidden â??to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.'   The Fourth Geneva Convention of 1949 also clearly prohibits the destruction of civilian property.  Article 53 of the Convention states: '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.' Such policies target the civilian population of the Occupied Palestinian Territories and thus cannot be excused on the basis of military necessity.   In fact, Israel's policies comprise fundamental violations of the Fourth Geneva Convention, Article 147 of which clearly prohibits, 'extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.' According to the Convention, violations of Article 147, including the destruction of civilian property, constitute a 'grave breach' of the Convention and should be prosecuted as War Crimes.    Annex 1:  Specific Data Pertaining to actions of Israeli occupying forces in western areas of the Gaza Strip during December 2004    Table 1:  Demolition of Palestinian homes perpetrated by Israeli occupying forces in western districts of the Gaza Strip (December 2004)   Date location owner Type of violation   3_Dec_2004 Al Zahra city to the south of Gaza city Basim El Magdalawy O-Shelled on the residential buildings. 10_Dec_2004 Beit Lahya city in Gaza northern governorate Mahmoud Al Madhun O-Shelled on the house. 14_Dec_2004 East of Al Shaga'iya area   D- Demolished at least 10 houses. 14_Dec_2004 Western camp of Khan Yunis near Al Namsawi neighborhood Manar Al 'Ewany and Hussein Abu Zurqa. D-Demolished about 12 Palestinian houses. 14_Dec_2004 Al Mawasi area in Khan Yunis city. Yahya Al Fara O-Took over 6 dunums of lands and hedged them with barbed wires. 17_Dec_2004 Al Namsawi complex to the west of Khan Yunis   O-The IOF forced tens of Palestinian families to evacuate their homes under the threat of weapons. 17_Dec_2004 West of Khan Yunis.   D-Demolished Palestinian houses. 17_Dec_2004 Khan Yunis to the south of the Strip.   D-Demolished the western wall of Naser's medical complex which contains Naser's and Mubarak hospitals. 17_Dec_2004 Tel Al Sultan neighborhood west of Rafah district.   O-Shelled on a residential building and put fire into a carpentry 18_Dec_2004 Al Nasr and Al Sahaba neighborhoods east of Gaza city. Nael Al Ramly Khalaf and Hisham Al Masry. O-Destroyed a garage and a workshop. 18_Dec_2004 Block (O) on the Palestinian-Egyptian borders Muhammad Sa'ed Abu 'Ibayed D-Demolished the two-storey house. 18_Dec_2004 Block (O) on the Palestinian-Egyptian borders   O-5 Palestinian houses and 12 commercial stores were partially damages due to the shelling the area received. 18_Dec_2004 Western camp of Khan Yunis and Al Namsawi neighborhood.   D-Demolished 40 Palestinian houses turning them into a heap of rubble and displacing more than 300 Palestinian dwellers 22_Dec_2004 Al Haoz area to the west of Khan Yunis city.   D-Demolished the wall that surrounds Tariq Bin Ziyad School. 22_Dec_2004 West of Khan Yunis city.   D-Demolished the western wall of Mubarak medical center. 22_Dec_2004 Abraj Al Nada area in Al Namsawi neighborhood in Khan Yunis city   O- The Palestinian houses threatened to demolish them on the heads of the residents if not evacuating their houses.  31_Dec_2004 Al 'Araysha area to the north of Al Amal neighborhood west of Khan Yunis city   O-The IOF threatened to demolish a number of Palestinian houses if they don't evacuate them. 23­Dec_2004 South of Gaza city Shamlakh and Al Dani families D- The IOF demolished the houses and a poultry farm. D= Demolition, C= Construction, U= Uprooting, S= Razing, O= Others  Source: ARIJ Database 2004   Table 2:  Destruction of agricultural land perpetrated by Israeli occupying forces in western districts of the Gaza Strip (December 2004)   Date location owner  Type of violation 5_Dec_2004 Abu Dhaher area to the east of Al Qarara town north of Khan Yunis city.  Al Sumairy, Abu Dhaher, Abu Nadef and Al 'Amawi families. S-Razed vast areas of agricultural lands. 5_Dec_2004 Abu Dhaher area to the east of Al Qarara town north of Khan Yunis city. Al Sumairy, Abu Dhaher, Abu Nadef and Al 'Amawi families. U-Uprooted 200 Olive trees. 7_Dec_2004 Al Sheikh 'Ajlin area near the coastal road east of Nitzarim settlement.   U-Uproot Grapes and Figs trees for military use. 10_Dec_2004 Qizan Al Najjar area near Khan Yunis city to the south of the Strip. Muhammad Tafish Sharab. S-Razed vast areas of agricultural lands cultivated with Citrus and Olives 13_Dec_2004 South of Rafah city.   S-Razed vast areas of agricultural lands. 17_Dec_2004 New neighborhood west of Khan Yunis.   S-Razed vast areas of lands in the area. 23_Dec_2004 Near the Martyr Street north of Beit Lahya city.   S-Razed vast areas of lands. 23_Dec_2004 Al Zaytun neighborhood to the east of Gaza city.   S-Razed vast areas of agricultural lands. 23_Dec_2004 South of Gaza city Shamlakh and Al Dani families. S-69 dunums of agricultural lands planted with Grapes, Figs and Olive Trees were razed 24­­_Dec_2004 Al Qrays area to the east of Moraj settlement.  Daher and Abu Jazar families. S-Razed 5 dunums of lands cultivated with Olives and Citrus Trees. 24­­_Dec_2004 Al Zaytun neighborhood south of Gaza city. 'Ilewa family. S-Razed lands cultivated with Olives. 29_Dec_2004 Near Erez Industrial zone to the north of Beit Hanun city.   S-The IOF razed some lands. 29_Dec_2004 Al Hakr area in Deir El Balah. Basher, Al Luh, Abu Salim and Al Qudra families. S-Razed about 20 dunums of agricultural lands cultivated with Olives, Citrus and Palms. 31_Dec_2004 Near the Industrial zone of Erez and Beit Hanun. Al Basyoni family. S-The Israeli bulldozers continued to raze lands. D= Demolition, C= Construction, U= Uprooting, S= Razing, O= Others  Source: ARIJ Database 2004   Table 3: Construction of new Israeli military bases and sniper towers in western districts of the Gaza Strip (December 2004) Date location owner Violation 7_Dec_2004 Al Sheikh 'Ajlin area near the coastal road east of Nitzarim settlement.   O-Continued to raze lands and uproot Grapes and Figs trees for military use. 16_Dec_2004 Gaza Strip   O-closes all main entrances hindering the access to and out of the Strip. 22_Dec_2004 Around Sufa passage to the northwest of Rafah district.   O-Erecting a deep trench. 23_Dec_2004 East of Gaza city. Abu Jarad O-The IOF took over the house and turned it into a military post 23_Dec_2004 South of Gaza city.   O-Started to erect a road at favor of connecting Netzarim settlement south of Gaza city with the coastal road in Al Sheikh 'Ajlin area. 30_Dec_2004 Al Amal neighborhood west of Khan Yunis city.   O-Razed a Palestinian military point and turned it into a heap of rubble. D= Demolition, C= Construction, U= Uprooting, S= Razing, O= Others   Source: ARIJ Database 2004

Prepared by Applied Research Institute - Jerusalem ARIJ