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Posted on: December 2012

By Harriet Sherwood

Despite its prosaic name, E1 has the potential to kill off hopes for a viable Palestinian state with East Jerusalem as its capital, according to opponents of Israeli development on the 12 sq km site .settlement expansion

Israeli officials say construction on E1 is the logical and necessary expansion of Maale Adumim, a vast settlement east of the pre-1967 Green Line, to meet demand for homes close to the city that Israel claims is its indivisible capital. Plans to develop the land have been in existence for almost 14 years, but they have been kept on hold largely due to pressure from Washington.

Mostly stretching towards Jericho, E1 is home to a number of Bedouin communities and their livestock, plus a huge Israeli police headquarters perched strategically on a hill. A network of roads has been constructed, but it is closed to civilian traffic.

Implementation of the E1 development plan, approved in 1999, would largely complete a crescent of Jewish settlements around the east of Jerusalem, separating it from Palestinian towns and cities in the West Bank. It would also almost bisect the West Bank, making a contiguous Palestinian state almost impossible.

According to the Israeli human rights organisation B’tselem, implementation of the E1 plan will have “far-reaching consequences and will interrupt the contiguity of the southern and northern West Bank”.

It added: “The construction in E1 will further increase the forced isolation between the West Bank and East Jerusalem. It will enclose East Jerusalem from the east, connect to the Israeli neighbourhoods built north of Jerusalem’s Old City, and create a physical and functional barrier between East Jerusalem and the Palestinian population in adjacent West Bank communities for which the city serves as the main metropolitan and religious centre.”

The Israeli authorities have taken steps to implement a plan to forcibly relocate more than 1,000 Bedouin who live and graze their livestock on the stony hills. Demolition orders have been issued for homes, animal pens and a school built from discarded car tyres. Israel says the buildings were constructed without permission, which is almost impossible to obtain.

The original plan entailed moving the Bedouin families to a site close to Jerusalem’s main rubbish dump. Following legal challenges and international pressure, Israel has said it will consult the communities on their relocation.

Israel’s decision to press ahead with the development of E1 in the aftermath of the United Nations general assembly’s recognition of the state of Palestine signals an intention to build, rather than the start of construction, which would be many years away.

Maale Adumim is home to around 40,000 people. Resembling a small city, it has more than 20 schools and 80 kindergartens, 40 synagogues and several shopping malls. The majority of its residents are secular Jews who do not consider themselves settlers but inhabitants of a suburb of Jerusalem. Israel says Maale Adumim and other main settlement blocks close to the Green Line must be on the Israeli side of any future border.

All settlements in East Jerusalem and the West Bank are illegal under international law.

Source:

http://www.theguardian.com

Posted on: December 2, 2012

By Ir Amim

E1 (derived from “East 1”) is a term applied by the Ministry of Housing to an area located just east of the Jerusalem municipal boundary, on the hills between Ma’aleh Adummim and Jerusalem. E1MasterPlanEngIt lies north of the Jerusalem-Ma’aleh Adummim road and edges the Palestinian towns of Anata, Abu Dis, Azariya and A-Zayim. E1, which covers some 12,000 dunams (12 sq. kilometers), is part of the planning area of Ma’aleh Adummim. The main artery between the northern and southern West Bank runs through E1.

In recent years, Israel has begun building and settling the area. The development plan for E1 includes the transfer of the West Bank (Judea & Samaria) Police Headquarters from its present location, and the construction of at least 3,500 residential units, a large commercial center, and more. Plans for the E1 area make no reference whatsoever to the local Palestinian population.

Construction in the E1 area commenced in 2004 under the direction of Housing Minister Efi Eitam. The work was illegal because no building permit had been issued. As a result of international pressure, construction was halted a short time after it began.

At the beginning of 2005, the Ma’aleh Adummim municipality approved two detailed urban plans for the development of the area, as mentioned above: one for approximately 3,500 housing units (apartment buildings and villas), and the second for the transfer of the police headquarters. The plan generated harsh criticism from the American government and the European Union. Both demanded that the plan be frozen, on the grounds that it violated Israel’s commitments according to the ‘Road Map.’ Instead, they maintained that the future of this territory be decided upon by a final status agreement between Israel and the Palestinians. Following this pressure, the Israeli government froze the project in 2004. However, building of the police headquarters was continued on the grounds that, like army bases, the police station would not be seen as creating facts on the ground, but rather as a building that could be removed.

On November 2012, following the Palestinian statehood bid, the Netanyahu government announced that it will promote a zoning plan for E1 which will allow the construction of 3000 housing units for Jews.

Here is the planned construction area for E1:

E1MapEng

As can be seen in this regional map, construction at E1 will cut the West Bank in two (the area to the east is a desert, and on a very different altitude).

mape1

Ir Amim (“City of Nations” or “City of Peoples”) is an NGO which focuses on Jerusalem within the context of the Israeli-Palestinian conflict.  Ir Amim seeks to render Jerusalem a more viable and equitable city for the Israelis and Palestinians who share it. The above text and the maps appear here with the permission of Ir Amim.

Source:

http://972mag.com

Posted on: 2 Dec 2012

The E-1 plan and its implications for human rights in the West Bank In late November 2012, the media reported that the Israeli government had issued instructions to promote the planning of thousands of apartments that would constitute an expansion of the Ma’ale Adumim settlement as part of the E-1 plan, in the segment that connect Ma’ale Adumim to Jerusalem. police_stationAccording to themedia reports, these instructions were issued following the UN General Assembly’s recognition of Palestine as a state with UN observer status. After the directive was issued, the Civil Administration approved two of the three E-1 residential plans to be filed for objections. In August 2013, the plans had not yet been filed and no progress has been made toward their approval.

The implementation of construction plans in E1 will create an urban bloc between Ma’ale Adumim and Jerusalem, exacerbate the isolation of East Jerusalem from the rest of the West Bank and disrupt the territorial contiguity between the northern and southern parts of the West Bank. The establishment of settlements in occupied territory is a breach of international humanitarian law, which prohibits the transfer of people from the occupying state into the occupied area. It also prohibits any permanent changes in the occupied territory, with the exception of changes mandated by military needs or in order to benefit the local population. In addition, the establishment of Israeli settlements leads to numerous violations of Palestinians’ human rights. In addition, the Civil Administration is planning to expel the Bedouin communities currently residing in this area. If the expulsion goes through, it will be a further breach of international humanitarian law, which prohibits the forcible transfer of “protected persons”, such as these communities, other than for their own safety or for an urgent military need. Even then, it is permissible only on a temporary basis. These exceptions are not applicable in this case.

What is E1?

The E1 master plan (Plan No. 420/4) was approved in 1999. It covers approximately 1,200 hectares of land – most of which Israel declared as state land in a legally dubious procedure. During the 1990s these lands were made part of the jurisdiction of the settlement of Ma’ale Adumim, so it now encompasses approximately 4,800 hectares. The northern and southern edges of the plan largely correspond to the route planned for the Separation Barrier in the area, which would leave Ma’ale Adumim on the “Israeli” side of the barrier and separate it from neighboring areas of the West Bank. The E-1 compound is interspersed with enclaves of privately owned Palestinian land. The overall area of these enclaves is approximately 77.5 hectares. Israel was unable to declare them state land and they are not officially included in the plans. However, it is clear that the physical reality resulting from the plan will greatly limit Palestinian landowners’ access to their lands.

In addition to residential units, the plan designates areas for tourism, commerce, regional services, a regional cemetery, roads, etc. Detailed plans have already been approved for two of the plans, enabling the building permits to be issued:

  • Plan 420/4/2 designates 135 hectares in the north-west section of the E1 compound, bordering on Jerusalem’s municipal jurisdiction, for a metropolitan employment and business center serving both Ma’aleh Adumim and the Jerusalem municipality. The plan, submitted by the Ministry of Industry and Trade and prepared by the firm of Reches-Eshkol, was approved in 2002 but has yet to be implemented.
  • Plan 420/4/9 designates approximately 18 hectares for the Judea and Samaria district headquarters of the Israel Police. Approved in 2005, this plan has already been implemented, and the police headquarters has been in operation there since 2008. As part of the development of the area for the implementation of the plan, additional infrastructure was put in place, including the paving of roads, the construction of supporting walls, traffic roundabouts and street lighting, costing an estimated total of about NIS 200 million. The scale of this development is much larger than would be required simply for allowing access to the police headquarters. It appears to be part of the future development of the planned residential compound near the police headquarters.

At least three detailed plans for residential construction in the E-1 compound are being prepared, proposing 4,000 residential units and ten hotels. To date, Israeli governments have delayed any further construction in the area, partly because of strong objections on the part of the US administration and the European Union. According to media reports, Prime Minister Binyamin Netanyahu promised the US president that he would not build in E-1. Nevertheless, in response to the UN decision to admit Palestine as an observer state, the government issued directives in late November 2012 to promote the detailed plans. Further to the government instructions, the Civil Administration approved the filing for objections of two of the three E-1 residential plans. The plans had not yet been filed in August 2013 and no progress had been made in the process of their approval.

Whom does the plan harm?

Implementation of the E1 plan will have significant repercussions for the entire population of the West Bank. Jerusalem borders on the narrowest area of the West Bank, where it spans only about 28 kilometers from east to west. Construction in E-1 will further reduce the already narrow corridor that connects the northern and southern West Bank and will impede the establishment of a Palestinian state with territorial contiguity. Israel is planning to build an alternative road that would connect between the two parts of the West Bank for use by Palestinians, but this is no more than a traffic solution.

Although all settlements are designated as closed military zones, this order is generally enforced only for their built-up areas. Implementation of the plan will result in the privately owned Palestinian lands inside E-1 becoming enclaves surrounded by built-up areas of settlements and there is concern that the landowners will not be able to access and farm these lands. The implementation of the plan will also harm the Bedouin communities in the area, whose access to grazing lands will be denied. In any case, the Civil Administration is already planning expulsion of the members of these communities. In addition, the roads currently used by Palestinians will become local roads used by settlers and Palestinians will be denied access to them. If no alternate roads are built, this access ban will significantly reduce Palestinian freedom of movement in the area.

Construction in E-1 will enclose East Jerusalem from the east and link up with the Israeli neighborhoods built north of the Old City. East Jerusalem is part of the West Bank and had once served as an urban center for West Bank residents. However, the ban Israel imposed on the entry of Palestinians into the city has artificially separated it from the rest of the West Bank. This separation will be intensified with the implementation of the E-1 plan.

Source:

http://www.btselem.org

Since its occupation of the West Bank, the Gaza Strip, and East Jerusalem following the 1967 war, the Israel Defense Force (IDF) has destroyed more than 18,000 Palestinian homes in the Occupied Palestinian Territory (OPT). Home-demolitionMeanwhile, Caterpillar, Inc., a U.S. company, has sold bulldozers to the IDF knowing they would be used to unlawfully demolish homes and put civilians in danger.

Why Are Homes Demolished in Palestine?Since 1967, the IDF has routinely demolished homes of Palestinians in the OPT. The practice of home demolitions, forced expulsion and land seizures increased dramatically after the second intifada began in September 2000. In the first four years of the second intifada, the IDF used bulldozers to destroy more than 4,000 Palestinian homes.

The IDF has provided several reasons for this practice, one being the need to create “buffer zones” in the OPT. In fact, the IDF’s home demolitions are part of a broad-reaching practice of collective punishment through “demographic engineering.” Through home demolitions, Palestinian populations are forced to move from areas deemed strategic or of interest to Israel and displaced from the agricultural land where they and their ancestors have lived and made their livelihoods. In addition to forcibly displacing more than 70,000 civilians, home demolitions have injured or killed Palestinian civilians, including the victims in Corrie, et. al. v. Caterpillar, Inc. Much of the world community, including the United Nations, the United States, and human rights organizations, has consistently condemned these demolitions.

How is Caterpillar involved?

Caterpillar has supplied the IDF with bulldozers used for home demolitions since 1967. Caterpillar has sold D9 bulldozers to the IDF knowing they would be used to unlawfully demolish homes and endanger civilians in the OPT. Caterpillar continued to sell D9’s directly to the IDF even though it knew that the bulldozers were being used to commit war crimes and other serious violations of law. The Caterpillar D9 bulldozer is over 13 feet tall and 26 feet wide, weighs more than 60 tons with its armored plating, and can raze houses within minutes. Caterpillar has had constructive notice of the human rights violations committed with its bulldozers since at least 1989, when human rights groups began publicly condemning the violations. Since 2001, human rights groups have sent over 50,000 letters to Caterpillar, Inc. executives and CEO Jim Owens decrying the use of its bulldozers to carry out human rights abuses.

The Facts

  • More than 18,000 Palestinian homes have been demolished by the Israel Defense Forces (IDF) since 1967.
  • More than 4,000 of those homes were demolished after September 2000.
  • From September 2000 until 2004, over 2,500 homes were demolished in Gaza; 1,600 of those were located in Rafah, a 2.5 mile long strip of land along the border of southern Gaza.

Corrie, et. al. v. Caterpillar, Inc. In 2005, a lawsuit was brought against Caterpillar, Inc. by families represented by CCR, the Ronald A. Peterson Law Clinic at Seattle University School of Law, the Public Interest Law Group PLLC, and the Palestinian Center for Human Rights. The suit charges that Caterpillar violated international, federal, and state law by selling D9 bulldozers to the IDF knowing they would be used to unlawfully demolish homes and endanger civilians in the OPT. In doing so, Caterpillar aided and abetted the war crimes committed by the IDF by knowingly providing assistance that had a substantial effect on the commission of the violation.

The five families in the case include Palestinians whose family members were killed or injured when Caterpillar bulldozers demolished their homes. The parents of Rachel Corrie, an American who was killed by a D9 while protecting a home in the OPT, are also plaintiffs in the case. The claims against Caterpillar, Inc. for selling bulldozers to the IDF include violations of:

  1. The Alien Tort Statute (ATS), a 1789 statute giving non-U.S. citizens the right to file suits in U.S. courts for international human rights violations.
  2. The Fourth Geneva Convention, Additional Protocol I, and customary international law, which prohibit war crimes such as collective punishment and destruction of civilian property not justified by military necessity.
  3. The Torture Victim Protection Act (TVPA), passed by Congress in 1992, which allows individuals to seek damages in U.S. courts for torture or extrajudicial killing, regardless of where the violations take place.
  4. In 2005, Judge Burgess in the Western District of Washington granted Caterpillar’s motion to dismiss the case without permitting discovery or hearing oral argument. CCR appealed the decision to the Ninth Circuit Court of Appeals and oral arguments were heard on July 9, 2007. The Ninth Circuit affirmed the dismissal on September 17, 2007, under the political question doctrine. Plaintiffs filed a petition for rehearing or en banc which is currently pending.

The Plaintiffs

The Al Sho’bi family: Mahmoud Omar Al Sho’bi is from Nablus in the West Bank. In April 2002, a D9 bulldozer destroyed Mr. Al Sho’bi’s family home without warning in an IDF attack in the middle of the night. His father Umar, his sisters Fatima and Abir, his brother Samir, pregnant sister-in-law Nabila and their three children, ages 4, 7, and 9, were all killed. The Fayed family: Fathiya Muhammad Sulayman Fayed’s home was bulldozed during an IDF incursion into the Jenin Refugee Camp in 2002.

Hundreds of buildings were destroyed allegedly to clear paths for IDF tanks. During the demolition, her son, Jamal, who was paralyzed, needed assistance to get out of the house. While the IDF briefly stopped bulldozing so Fathiya could help Jamal, they quickly resumed demolition. Fathiya escaped, but was unable to get Jamal out, and he was killed. The Abu Hussein family: A D9 demolished the Abu Hussein family home in the al-Salam neighborhood of Rafah in 2002. Destruction began without warning at 5:00 a.m., injuring six family members inside. After being warned, IDF halted active demolition but fired on neighbors and relatives trying to evacuate those in the house. The Corrie family: Rachel Corrie, an American activist, went to Gaza with the International Solidarity Movement (ISM), a Palestinian-led movement using nonviolence to resist the Israeli occupation. In March 2003, Rachel stood in front of the Nasrallah family home to protect it from demolition while the family was inside. Despite her fluorescent orange jacket and fellow activists waiving to stop the soldiers, they drove over Rachel, crushing her to death.

The Khalafallah family: In a July 2004 incursion into Khan Yunis Refugee Camp, the IDF demolished over 70 homes. At midnight, a bulldozer approached the home of Ibrahim Khalafallah and his wife Eida, where they lived with their 5 children, 2 daughters-in-law and 4 grandchildren. Ibrahim, in his 70’s and sick, was unable to move. When the bulldozer hit the house, Eida tried to stop the driver, but he continued, destroying the home and killing Ibrahim.

Attached Files

http://ccrjustice.org/files/1.24.2011%20Caterpillar%20Factsheet%20.PDF

 Source:

http://ccrjustice.org (Center for constitutional rights)

http://972mag.com/

Posted on: August 2013

By Idan Landau, translated from Hebrew by Ofer Neiman

When people summarize the Zionist project, with the fanfare of victory or the gloom of defeat, one thing will be certain, they will be puzzled over one strange mystery. House demolition in Anata, Northern Jerusalem, 14.4.08How could so many people associate Zionism with creation and construction, and not with regression and destruction? After all, in parallel with the endless construction frenzy,especially beyond the green line, the hum of bulldozers has always been audible: beating, breaking, shattering. Housing projects for new Jewish immigrants were built in record speed. Build-your-own-house neighborhoods, neighborhoods for IDF career officers, commuter suburbs, and luxury residential towers popped up everywhere; and at the very same time, the angel of Zionist history left more and more piles of ruin and devastation behind.

The demolition policy has, of course, been the Arabs’ share. From time to time, the state demolishes a tiny shred of a Jewish outpost in the occupied territories; just going through the motions, while bowing sanctimoniously to the Israeli High Court of Justice (HCJ). Let no one compare the master race, whose members have the benefit of myriad legal options when building their house, to the enslaved race, whose members are denied access to land, everywhere, by mountains of legal barriers; those who wish and even succeed in building their home on stolen land, to those who wish and fail to build their home on their own private land; those whose house will be protected by the sovereign through a reign of terror imposed on their neighbors, to those who can only dream of having the sovereign’s protection.

And perhaps those analysts in the future will inquire further as to why so few Israelis knew about this devastation at all, even though it took place constantly, week by week. Hardly a day goes by between the Jordan River and the sea, without a demolition of an Arab home by the State of Israel. And they will be baffled by the short Israeli memory, a memory that had forgotten long ago that the foreign British rule had committed the same crimes against us. And the greatest mystery of all will regard those who had known, yet had always assumed that the demolition policy was right, appropriate, legally justified; those who had assumed, with unquestionable simplicity, that half of the population between the river and the sea, which happens to be the Arabic-speaking half, was also delinquent by nature, simply unable to abide by the laws of planning and construction; and not only that, the other half also suffered from such staggering folly and shortsightedness, that it brought those endless demolitions upon itself, impoverishing itself to perdition in the process. After all, would there be anything simpler than lawful planning, and lawful submission of plans, and lawful attainment of permits, followed by construction? In short, is there anything simpler than being Jewish?

Yes, that is what law-abiding Israelis think to themselves, and someone will be perplexed by this as well one day. Let us now put all this perplexity aside, and get back to the dismal reality of rubble and furniture lying upside down. It happens all the time, with hardly any media coverage; reports go through one ear and come out through the other. The hum of bulldozers is the constant background noise of Zionism. Listen to it for a few moments.

In 2011 alone, Israel demolished around 1,000 houses in the Bedouin villages in the Negev. The Ministry of Interior refuses to disclose data for 2012.

In 2012 alone, Israel demolished around 600 buildings throughout the West Bank. As a result, 880 people, more than half of them children, have lost their homes. Around 90 percent of the demolitions were carried out in Area C, and the rest in East Jerusalem.

As of now, more than 400 houses in neighborhoods of East Jerusalem are under the threat of imminent demolition.

Since 1967, Israel has demolished more than 28,000 Palestinian buildings in the Occupied Territories.

37 percent of state owned land on the West Bank has been allotted to Jewish settlements since 1967. Over the same period, just 0.7 percent of this land has been allotted to Palestinians.

Since 1967, East Jerusalem’s Palestinian population has grown by almost 250,000; throughout the same period, only 3,900 building permits have been issued in that part of the city.

Nearly half of East Jerusalem still does not have zoning plans, after 46 years. 35 percent of the planning area has been designated as “open view areas,” on which construction is prohibited. Just 17 percent of Palestinian East Jerusalem is available to residents for housing and construction, and these land resources have been nearly exhausted. Palestinian residents of East Jerusalem have no legal way of building houses.  

Between 2005 and 2009, the construction of 18,000 housing units in Jerusalem was approved; just 13 percent of them were in Palestinian East Jerusalem.

In most parts of East Jerusalem, building density is restricted to 75 percent. In West Jerusalem, the rate goes up to 150 percent.

180,000 Palestinians who reside in Area C have to settle for just 0.5 percent of this area for legal construction.

In 2009-2010 just 13 out of 776 requests for building permits by Palestinians in Area C were approved, no more than 1.7 percent.

Demolition orders have been issued against the majority of the buildings in the 180-year-old village of Hirbet Susya, home to 250 people, and the same goes for the inhabitants of the Hirbet Dukaikah and Hirbet Zanuta (Hebrew), home to 550 people. The State of Israel intends to wipe out entire villages in Area C.

And what happens when you demolish the wrong house? Mistakes (by Jews) are paid for (by Arabs), and then you confess (to Jews) and get a warm embrace:

Excluding bodily and psychological harm, no graver cruelty can be inflicted on people than the demolition of their home. The financial consequence for most people is the loss of most of the capital they had accrued throughout their lives; being pushed back 20-30 years as far as their financial independence is concerned. But the demolition amounts of course to much more than that. It’s a demolition of the personal, intimate space where one’s most precious memories were formed; for a child – it is the space where all her/his intimate memories were formed. Every little detail of the house, seemingly trivial to the outside observer, is loaded with intensive meaning to those living in it. The tree in the backyard, the angle formed by shadows penetrating the room, the cracked door frame, the personal arrangement of clothes or toys. All these are wiped out in a brutal instant when the bulldozer goes over your house, and you are bound to feel disconnected – sheer detachment and floating in an alienating, impersonal space; this word, which has undergone such appalling devaluation in our language – “Trauma” – describes the situation precisely.

The State of Israel demolishes, time and time again. Here is a sequence of such demolitions, a devastating sequence, from the beginning of the year up to the past few days. It is impossible to document everything. Hundreds of photos, of every single house demolished by the state in the past six months, cannot be uploaded. One must perceive the catastrophe, but it is imperceptible. For now, we will settle for a sample. Hail the demolishing hero.

In 2011 alone, Israel demolished around 1,000 houses in the Bedouin villages in the Negev. The Ministry of Interior refuses to disclose data for 2012.

In 2012 alone, Israel demolished around 600 buildings throughout the West Bank. As a result, 880 people, more than half of them children, have lost their homes. Around 90 percent of the demolitions were carried out in Area C, and the rest in East Jerusalem.

As of now, more than 400 houses in neighborhoods of East Jerusalem are under the threat of imminent demolition.

Since 1967, Israel has demolished more than 28,000 Palestinian buildings in the Occupied Territories.

37 percent of state owned land on the West Bank has been allotted to Jewish settlements since 1967. Over the same period, just 0.7 percent of this land has been allotted to Palestinians.

Since 1967, East Jerusalem’s Palestinian population has grown by almost 250,000; throughout the same period, only 3,900 building permits have been issued in that part of the city.

Nearly half of East Jerusalem still does not have zoning plans, after 46 years. 35 percent of the planning area has been designated as “open view areas,” on which construction is prohibited. Just 17 percent of Palestinian East Jerusalem is available to residents for housing and construction, and these land resources have been nearly exhausted. Palestinian residents of East Jerusalem have no legal way of building houses.  

Between 2005 and 2009, the construction of 18,000 housing units in Jerusalem was approved; just 13 percent of them were in Palestinian East Jerusalem.

In most parts of East Jerusalem, building density is restricted to 75 percent. In West Jerusalem, the rate goes up to 150 percent.

180,000 Palestinians who reside in Area C have to settle for just 0.5 percent of this area for legal construction.

In 2009-2010 just 13 out of 776 requests for building permits by Palestinians in Area C were approved, no more than 1.7 percent.

Demolition orders have been issued against the majority of the buildings in the 180-year-old village of Hirbet Susya, home to 250 people, and the same goes for the inhabitants of the Hirbet Dukaikah and Hirbet Zanuta (Hebrew), home to 550 people. The State of Israel intends to wipe out entire villages in Area C.

And what happens when you demolish the wrong house? Mistakes (by Jews) are paid for (by Arabs), and then you confess (to Jews) and get a warm embrace:

 

Source:

http://972mag.com/

Posted on: 25 November 2014

The Israeli Government’s use of house demolition as a punitive measure in response to alleged acts of violence by Palestinians must end immediately, two United Nations experts 11-25-ohchr-wibisonourged today, adding that the practice – which targets Palestinian homes in both Israel and the Occupied Palestinian Territory – is a violation of human rights law.

“All acts of violence require a firm response from the Israeli authorities, and those responsible should be tried before a court of law and sentenced for their crimes,” Makarim Wibisono, the Special Rapporteur on the situation of human rights in the Palestinian territories, affirmed in apress release, adding, however, that the State “cannot go beyond what is sanctioned by international law.”

Mr. Wibisono’s remarks follow the 19 November demolition of the East Jerusalem home of Abd al-Rahman al-Shaludi, the Palestinian man accused of committing last month’s car attack in Jerusalem that claimed the lives of a 22 year-old woman and a three-month old child.

In addition to Mr. Al-Shaludi’s home, Israeli authorities have slated at least six other homes of Palestinian suspects located in East Jerusalem, Askar refugee camp, and Hebron, for demolition or sealing – the practice of completely or partially closing off the rooms of a home with concrete or metal sheeting, prohibiting family members from accessing their homes, at times indefinitely. Meanwhile, following a recent deadly attack against a Jerusalem synagogue, a number of other house demolitions are reportedly being prepared.

“In the case of Mr. Al-Shaludi, who was shot and killed by Israeli police at the scene of the attack, the demolition of his home in the middle of the night served no other purpose than to punish his innocent parents and five siblings, rendering them homeless,” Leilani Farha, the Special Rapporteur on the right to adequate housing, explained.

“Simply put: the use of house demolition as a punitive measure is a form of collective punishment contrary to international law,” she continued. “Israel must immediately end its use of this devastating practice.”

The recent house demolitions come within a context of increasing tensions – marked by a number of fatal incidents – between Palestinians and Israelis.

However, the two Special Rapporteurs warned that an upsurge in demolitions would “only add to the frustration and despair felt by the people living under prolonged military occupation, and sow the seeds of more hatred and violence for the future.”

“The only means to stop this cycle of violence is for Israel to place human rights at the centre of its policy-making,” Mr. Wibisono concluded.

Source:

http://www.un.org

jenin-Why does Israel demolish Palestinian homes?

The policy of house demolitions has two goals: first, to make life so miserable for the Palestinians that they leave the country. It is estimated that up to 300,000 Palestinians have left the West Bank and East Jerusalem in the past ten years, most of them middle-class, young, educated, and economically active. This is what we refer to as “selective transfer,” and it is intended to weaken Palestinian society and make it more malleable to Israeli rule. Second, to drive Palestinians off their land in Area C and into Areas A and B. This has largely succeeded. Area C is 62% of the West Bank, yet today contains only about 5% of the (West Bank) Palestinian population.

-How many houses have been demolished since the Occupation began?

Since 1967, about 27,000 Palestinian homes and other structures (livestock pens and fencing for example) crucial for a family’s livelihood, have been demolished in the Occupied Palestinian Territories (OPT), including East Jerusalem. It is impossible to know how many homes exactly because the Israeli authorities only report on the demolition of “structures,” which may be homes or may be other structures. When a seven-story apartment building is demolished containing more than 20 housing units that is considered only one demolition. Some homes are as yet incomplete when they are demolished, but the financial loss to families (70% of the Palestinians live below the poverty line, on less than $2 a day), plus the inability to obtain decent and adequate housing, constitutes a fundamental violation of tens of thousands of people to shelter. 

-What are the reasons given by the Israeli government for demolishing Palestinian homes?

Throughout the OPT Israel follows a policy of not granting Palestinians building permits. How is this done in a country that claims to be a democracy? Discrimination against Palestinians (and this is true for the Palestinian citizens of Israel as well) is embedded in the dry technicalities of planning, zoning, and administration. Almost the entire West Bank has been declared by Israel “agricultural land,” so that when Palestinians request permission to build on their own properties they are refused. Virtually all of East Jerusalem has been zoned as “open green space,” meaning a Palestinian can own land but cannot build upon it, the land being “reserved” for future urban development (read: Israeli settlements and roads). In Jerusalem, moreover, the official policy of the Israeli government is to maintain a 72%-28% majority of Jews over Arabs in the city (the actual ratio today is about 64%-36%). All urban policies related to housing and residence – permits for Palestinians to live in the city (they only have permanent residency that can be revoked, not Israeli citizenship), land expropriation and zoning restrictions, house demolitions, settlement expansion into Palestinian neighborhoods, the isolation of East Jerusalem from the rest of Palestinian society and its subsequent impoverishment, routes of highways through Palestinian communities or, conversely, neglect of Palestinian infrastructure – are tied to what in Israel is called the “Quiet Transfer,”: reducing, fragmenting and isolating as much as possible the Palestinian presence in order to “judaize” Jerusalem (an official term actually used by the Israeli government in planning).

-Are house demolitions a form of punishment to terrorism?

No. In only 2% of the 27,000 cases of demolition were security reasons given. In fact, the IDF officially stopped their policy of punitive demolitions in 2005.

-Why do Palestinians build if they know their houses are likely to be demolished?

Palestinians simply have no choice. The Israeli Occupation has lasted for over 45 years, two generations. Couples have families, often 7-8 kids, and their kids have kids; they all need places to live (In Palestinian culture, a young man cannot marry unless he can offer his bride a home). Most continue to live in inadequate conditions, often crowded in with their parents, whose own home is too small and cannot be enlarged. Those that are desperate make a cold calculation: Israel has issued tens of thousands of demolition orders. Maybe, if I build, they won’t come for a year, maybe three years; maybe I’ll “win the lottery” and they will never come. So, left without a choice, Palestinian families gamble. For most, simply a decent home where they can live in security and raise their families is just a dream. 

-If the West Bank is zoned as agricultural land and Palestinian building in East Jerusalem is prevented to preserve open green space, then how did Israel manage to construct the settlements – about 350,000 Israelis living in more than 120 officially-recognized

The answer is simple: Israelis sit on the planning committees. The Jerusalem municipality constitutes the District Planning Commission and the Ministry of Interior has the Regional Planning Commission. To rezone land from agricultural/green space to residential takes a minute if that is the intention of the these planning bodies, both of whom vigorously advance the settlement movement while restricting (or completely preventing) Palestinian construction. Then there is the Civil Administration, Israel’s military government, who through the IDF Commander of the Central Command can expropriate any land in the West Bank for “immediate military purposes”, that often later become Jewish settlements.

Are Israel’s house demolitions legal under international law?

No. Under the Fourth Geneva Convention, Occupying Powers are prohibited from destroying property or employing collective punishment. Article 53 reads: “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons…is prohibited.” Under this provision the practice of demolishing Palestinian houses is banned, as is the wholesale destruction of the Palestinian infrastructure.

-Are Israeli settlements legal under international law?

No. Under Article 49 of the Fourth Geneva Convention, Israel is prohibited from establishing settlements: “The Occupying Power shall not transfer parts of its own civilian population into territories it occupies.”

– What other international laws does the Israeli Occupation violate?

Virtually all of Israel’s occupation of Palestinian lands violates human rights conventions – and especially the Fourth Geneva Convention that forbids an occupying power from making its presence a permanent one. Thus:

  •  Articles 50 and 51 of the “Protocols Additional to the 1949 Geneva Convention” emphasize the protection of civilians in time of war. “The civilian population comprises all persons who are civilians…. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations.”
  • Article 3 prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment,” a routine element of Palestinian life under Israel’s occupation.
  • Article 32 forbids assassinations, and any brutalization of the civilian population, including their treatment at checkpoints and in “security searches.”
  • Article 33 prohibiting pillage would obtain to Israel’s extensive use of West Bank and Gazan water resources, especially as they are denied the local population. It also prohibits the use of collective punishment, as represented by the imposition of closure, curfew, house demolitions and many other routine actions of the Occupation Authorities.
  • Article 39 stipulates: “Protected persons [residents of occupied lands] who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment.” It thereby prohibits the imposition a permanent “closure” on the Occupied Territories, such as Israel has done since 1993.
  • Article 64 forbids changes in the local legal system that, among other things, alienate the local population from its land and property, as Israel has done through massive land expropriations.
  • Article 146 holds accountable individuals who have committed “grave breaches” of the Convention. According to Article 147, this includes many acts routinely practiced under the Occupation, such as willful killing, torture or inhuman treatment, willfully causing great suffering or serious injury, unlawful deportation, taking of hostages, extensive destruction, and appropriation of property. Israeli courts have thus far failed to charge or prosecute Israeli officials, military personnel or police who have committed such acts.
  • The PLO also bears a measure of responsibility for the violations of its own people’s rights under the Fourth Geneva Convention. According to Article 8, the PLO had no right in the Oslo Agreements to abrogate their rights and suspend the applicability of the Convention, since “Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention.” Had international humanitarian law been the basis of the Oslo peace process rather than power-negotiations, the Occupation would have ended and the conditions for a just peace would have been established, since virtually every element of Israel’s occupation violates a provision of the Fourth Geneva Convention.

-How much of the OPT do Palestinians actually control?

All the OPT comprises only 22% of historic Palestine between the Mediterranean and the Jordan River. The fragmentation of the Palestinian territories began in the Oslo “peace process,” when in the Oslo II agreement of 1995 the West Bank was divided into Areas A, B and C. Today the Palestinian Authority controls Area A (18% of the West Bank, though in fact Israel invades at will) and Area B (another 22% of the West Bank, although Israel controls the security and patrols the territory). Area C, 60 of the West Bank (where the settlements are), is under full Israeli control. East Jerusalem, where 240,000 Palestinian live and which the international community considers occupied territory, has been formally annexed by Israel and, from Israel’s perspective, is not part of the occupied territories. The PA is forbidden to have any presence in East Jerusalem. Gaza, only 6.5% of the OPT, is under PA/Hamas control. Under the Oslo agreements Gaza is considered an integral unit of the OPT and should be treated as one in the same as the West Bank. In fact, Israel has besieged and isolated it completely in the late 1980s.All in all, then, the Palestinian sort of control about 40% of the OPT and thus only 10% of historic Palestine.

What aspects of the Israeli Occupation of the West Bank and Gaza are most likely to be denied or ignored by the average Israeli?

All of it. It’s hard to convey, but Israeli Jews just don’t care about the Occupation. They don’t see it, it does not affect their lives, they live in relative prosperity and security, the “Arabs” (the term Palestinians is not even used) are “over there” somewhere – in short, the Occupation (another term we don’t use in Israel, preferring just to refer to “the Territories”) is a non-issue.

 

Source:

http://www.icahd.org

Posted on: January 1, 2012

By Emily Schaeffer

The report analyzes Israeli policy and practice in East Jerusalem under law and international humanitarian law. MIDEAST ISRAEL PALESTINIANSThe report concludes that Israel is perpetrating serious violations of these laws by denying the right to adequate housing, development, and self-determination, as well as violating the prohibition on residency revocation.

GENERAL INTRODUCTION

Jerusalem is known as one of the holiest sites in the world to three major religions:

Judaism, Christianity and Islam. What is less well known is that while members of all three religions reside in the city today, the city is divided both geographically  (East and West Jerusalem) and demographically. Likewise, far fewer are aware of the assertive efforts made on the part of the Israeli authorities for over four decades to ensure that the Palestinian population – both Christian and Muslim – remains small in numbers and weak as a society. In order to accomplish this goal, a sophisticated set of policies and practices have been put into place, whose implementation has become increasingly aggressive and widespread over the years. The result is the daily struggle for over 300,000 Palestinian East Jerusalem residents between securing authorized housing and adequate infrastructure, maintaining residency, health care and education benefits, and generally remaining financially afloat. Indeed, as this report will show, many of these hardships are the result of Israel’s violation of several norms and obligations under international law.

This report first provides in Chapter II a general overview of these policies and practices by presenting a summary of the dedicated work and research of many of the region’s most established human rights organizations. Following this summary, in Chapter III we present a visual representation – in the form of a flow chart – of the current situation in East Jerusalem, which we view not as the tragic accumulation of various unrelated circumstances, but rather a cause-result set of policies and practices that ultimately accomplish a very specific goal. With these policies and practices as a backdrop, we then propose in Chapter IV a new normative framework – or legal “language” – for examining and critiquing administrative home demolitions in East Jerusalem. This framework outlines five major areas of international law to which Israel is subject and applies them to the set of policies and practices applied in East Jerusalem, forming conclusions about Israel’s failure to adhere to these norms.

Lastly, this report offers its overall conclusions.

A note on the home demolitions data provided in this report

Throughout the report data is presented regarding the situation in Jerusalem, including figures on home demolitions. It must be noted that there is no uniform data on the number and frequency of home demolitions. Administrative home demolitions in the city of Jerusalem are conducted by two different authorities – the Municipality and the Ministry of Interior – and only the former regularly publishes data on demolitions. The total numbers of home demolitions provided by the authorities therefore differ from those collected by human rights organizations based on their observations and reports from the field. What is more, these numbers alone cannot express the type of building, the percentage of the structure that was demolished, or how many families’ homes were affected: for instance, regardless of whether an unlicensed section (such as a balcony or room) of a building (residential or commercial) was demolished, or an entire multi-story residential building, the incident will almost always be recorded by the authorities as one demolition. From what we know about demolition patterns in East versus West Jerusalem, we can assume that the majority of demolitions in East Jerusalem are demolitions of whole structures and often entire homes owned by Palestinians, whereas demolitions in West Jerusalem are most often partial demolitions, or of businesses rather than homes. Additionally, the practice of “self-demolition” – whereby a building owner, rather than the authorities, demolishes a building under demolition order – is not comprehensively documented in any official government data; the unofficial data that is available is included here.

In this report, we are clear about the source of all figures, and we indicate where figures vary. It should be noted, however, that despite the variance in the data on home demolitions over the last decade, all figures reflect a significant disparity in demolition frequency between East and West Jerusalem, disproportionate to the incidence of building violations in each sector, and therefore are telling of the selective implementation of the law and the deliberately different policies toward the Jewish sector versus the Palestinian sector of Jerusalem.

To keep reading the full report click on here

Posted on: 08, 2015

Over 500 rabbis from Israel, Britain, the US and Canada have called on the Israeli prime minister to stop demolishing Palestinian homes. Rabbis for Human Rights (RHR) say Benjamin Netanyahu’s stance is against “international law and Jewish tradition.”destroyed homes

RHR’s open letter came after the Israeli PM announced the destruction of over 400 Palestinian homes in the Israel-controlled part ofthe West Bank, the territory known as Area C.“Thousands have been forced to build without permits, and great human suffering is caused when hundreds of homes are demolished each year in Area C alone,” RHR stated in their letter, adding that Israeli planning and zoning laws “severely restrict the ability of Palestinians to build homes, even on the lands that the State recognizes as belonging to them.” According to the rabbis, there has been “no representation or true ability for Palestinians to determine how to properly plan for their communities since local and district planning committees were abolished in 1971. The army plans for them.”

In late January, the United Nations accused Israel of illegally demolishing the homes of 77 Palestinians, including many children, in East Jerusalem and the districts of Ramallah, Jericho and Hebron. “In the past three days, 77 Palestinians, over half of them children, have been made homeless,” the UN Office for the Coordination of Humanitarian Affairs (OCHA) said in a statement, adding that some of the demolished structures were provided by the international community to“support vulnerable families.” “Demolitions that result in forced evictions and displacement run counter to Israel’s obligations under international law and create unnecessary suffering and tension. They must stop immediately,” the OCHA said.

According to the UN office, during 2014 Israel carried out a record number of demolitions in East Jerusalem and Area C. “The Israeli authorities destroyed 590 Palestinian-owned structures in Area C and East Jerusalem, displacing 1,177 people — the highest level of displacement in the West Bank since OCHA began systematically monitoring the issue in 2008.” While Israel insists demolitions are carried out because homes are being built without construction permits, the UN’s OCHA says the planning policies applied by Israeli authorities in Area C and East Jerusalem “discriminate against Palestinians.” Palestinians are trapped in a vicious circle, where they build without permits to later have their homes razed to the ground. “Palestinians must have the opportunity to participate in a fair and equitable planning system that ensures their needs are met,” the OCHA said.

 Source:

http://rt.com

 

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