Press release – for immediate publication
The demolitions in Wadi al-Humos:
The excuse – security, The strategy – a Jewish demographic majority
The excuse – security, The strategy – a Jewish demographic majority
This morning, Monday, July 22, 2019, the Israeli authorities began demolishing buildings in the neighborhood of Wadi al-Humos, the eastern extension of Zur Baher in East Jerusalem. The move came after the Israeli Supreme Court rejected the residents’ appeal and ruled there was no legal barrier to the demolitions. Israel intends to demolish a total of 13 buildings, including at least 14 apartments, the vast majority of which are in various stages of construction. Until this morning, the buildings were home to two families including 17 people, of which 11 are minors. Some of them were built in Area A, with building permits issued by the Palestinian Authority, which holds planning powers in those areas. Wadi al-Humos is outside of Jerusalem’s municipal boundary and constitutes the main land reserve for the development of Zur Baher. The Zur Baher committee estimates that 6,000 people currently live in that neighborhood – a quarter of the total population of Zur Baher.
In 2003 the Zur Baher committee petitioned the Supreme Court against the route of the separation fence, which was set unilaterally by Israel to serve its interests. The route was supposed to run near Jerusalem's municipal boundary and thereby disconnect all of the homes of the Wadi al-Humos neighborhood from Zur Baher. Following the petition the State agreed to reroute the fence a few hundred meters eastward into West Bank territory. In 2004 and 2005 a “light” version of the separation fence was erected:. Instead of a concrete wall, as in most of the route of the fence in East Jerusalem, Israel built a two-lane patrol road with wide shoulders and another fence. The fence surrounds the neighborhood of Wadi al-Humos, which may not have been cut off from Zur Baher, but which was cut off from the rest of the West Bank by the fence, even though the land on which it was built was never annexed to Jerusalem's municipal territory.
The
Wadi al-Humos neighborhood is not considered part of Jerusalem, and
therefore the Jerusalem Municipality does not provide the neighborhood
with services, except for garbage collection. The Palestinian Authority
does not have access to the neighborhood and therefore cannot provide it
with any services, except for planning and providing construction
permits. The neighborhood's residents built its infrastructures
themselves, including roads and water pipes from Zur Baher and Beit
Sahur. On the southeastern edges of the enclave, which were defined by
the Oslo Accords as areas A and B, the Palestinian Authority has
planning and building jurisdiction. But most of it is defined as Area C,
where the Civil Administration is responsible for the planning, and
where, just like in the rest of the West Bank, it refrains from drawing
up outline plans that would allow the residents to build legally. This
Israeli policy, which completely limits Palestinian construction in East
Jerusalem, causes a severe housing shortage for the city's Palestinian
residents, who are forced to build without permits.
In
December 2011, about six years after the separation fence was erected
in the area, the Israeli Military issued an order forbidding
construction in a strip measuring 100-300 meters on either side of the
fence. The Military argued such an order was necessary in order to
create an “open barrier area” it needed for its operations, because the
Wadi al-Humos area is a “weak point of illegal entry” from the West Bank
into Jerusalem. According to the Military's figures, at the time the
order was issued, 134 buildings already stood on the land designated as a
no-building zone. Since then dozens of additional buildings were built,
and by mid-2019 there were already 231 buildings in the zone, including
high-risers built only dozens of meters from the fence, and distributed
between areas designated as A, B and C.
In
November 2015 the Military announced it intended to demolish
15 buildings in Wadi al-Humos. About one year later, in December 2016,
the Military demolished three other buildings in the neighborhood. In
2017 the owners and tenants of the 15 buildings under the threat of
demolition petitioned the Supreme Court through the Society of St.
Yves – Catholic Center for Human Rights. The petition argued, among
other things, that most of the buildings had been built after receiving
building permits from the Palestinian Authority, and that the owners and
tenants were not even aware of the order prohibiting construction.
During
the hearings on the petition, the Military agreed to cancel the
demolition orders against two of the buildings. As for the 13 other
buildings, the Military announced that for four of them the demolition
would be partial. On June 11, 2019 the Supreme Court accepted the
State’s position and ruled that there was no legal barrier to
demolishing the buildings.
The
Supreme Court ruling, written by Justice Meni Mazuz, fully accepted the
State's framing of the issue as one of purely security matter. It
thereby completely ignored Israel's policy of limiting Palestinian
construction in East Jerusalem, and the planning chaos in the Wadi
al-Humos enclave that allowed the massive construction in the area – of
which the Israeli authorities were fully aware. Like in many past cases, the
judges did not discuss in their ruling the Israeli policy almost
completely preventing Palestinian construction in East Jerusalem, with
the purpose of forcing a Jewish demographic majority in the city – a
policy that forces the residents to build without permits. The severe
building shortage in East Jerusalem, including in Zur Baher, was at the
basis of the village's demand to reroute the separation fence eastwards.
Instead, the judges ruled that the home demolitions were necessary for
security considerations, because construction near the fence “can
provide hiding for terrorists or illegal aliens” and enable “arms
smuggling."
The
judgment also clarifies the extent to which the “transfer of powers” to
the Palestinian Authority in areas A and B as part of the interim
agreements has no practical meaning – except for the need to promote
Israeli propaganda. When it serves its own convenience, Israel relies on
that “transfer of powers” to cultivate the illusion that most of the
residents of the West Bank do not really live under occupation, and that
actually, the occupation is almost over. Whereas when it is not
convenient for Israel, like in this case, it sets aside the appearance
of “self-government,” raises “security arguments,” and realizes its full
control of the entire territory and all of its residents.
The
judges rejected, almost flippantly, the argument by the petitioners
that they did not know of the existence of the order forbidding them to
build, and that they built after they relied on permits they received
from the Palestinian Authority, and ruled that the residents “took the
law into their own hands." According to the court, the residents should
have known about the order. The judges relied for this point on the
provisions of the order requiring that its contents be brought “as much
as possible” to the knowledge of the residents, among other ways by
hanging it, along with low-resolution, difficult-to-understand maps, in
the District Coordination Office, as well as on the State
representatives' arguments before them. In doing so, the judges
completely ignored the relevant facts: that the Military took no action
to bring the order to the knowledge of the residents before November
2015, that the order was issued years after the construction of the
fence and the construction of the buildings, and even then – nothing was
done for the first years to enforce it, and no real effort was made to
ensure that the residents knew about the existence of the
order – not even as obvious and simple an action such as pasting it to
the residents' walls.
This
Supreme Court ruling may have far-reaching implications. In various
places in East Jerusalem (such as Dahiat al-Barid, Kafr Aqab, and the
Shuafat Refugee Camp) and other parts of the West Bank (such as a-Ram,
Qalqiliyah, Tulkarm, and Qalandia al-Balad), numerous residential homes
were built near the separation fence. Furthermore, as a result of the
Israeli planning policy that prevents Palestinians from receiving
building permits, many other buildings were built without permits, there
being no other choice. The latest ruling gives Israel legal
authorization to demolish all of the these houses, while hiding behind
“security arguments” in order to carry out its illegal policy.
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For additional information: Roy Yellin, +972-54-354332§, ryellin@btselem.org Our mailing address is
B'Tselem, The Israeli Information Center for Human Rights in the Occupied Territories
P.O. Box 53132, Jerusalem 9153002
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---------- Forwarded message --------- From: Palestinian Center for Human Rights <info@pchrgaza.ps>
To: pchrgaza-e@pchrgaza. ps <pchrgaza-e@pchrgaza.ps>
Hundreds Lose Shelter as Israeli Forces Destroy Dozens of Housing Units in Sour Baher in occupied East Jerusalem
On
Monday morning, 22 July 2019, Israeli military forces launched a
large-scale destruction operation against civilian property in Wadi
al-Humus neighborhood, in Sour Baher in the southern part of occupied
East Jerusalem. Hundreds of Israeli soldiers and machinery carried out
the destructions that resulted in hundreds of civilians losing their
shelter. The Palestinian Centre for Human Rights (PCHR) condemns this
crime against civilians and considers it on par for ethnic cleansing,
and holds the Israeli government accountable for escalating the
situation in the occupied Palestinian territory (oPt). PCHR calls upon
the international community to hold its legal and moral responsibility
and intervene effectively to stop Israeli crimes against Palestinian
civilians and to provide necessary protection.
According
to PCHR’s documentation, at approximately 2:00 on Monday, 22 July 2019,
hundreds of Israeli soldiers moved into Sour Baher village with dozens
of construction vehicles. They stationed in Wadi al-Humus neighborhood,
closed its entrances and cut all power supplies. Israeli soldiers then
forcefully vacated buildings in the neighborhood, used physical violence
against them and banned them from taking any of their belongings with
them. At approximately 06:00, destruction machinery took to work and
preliminary numbers assert that at least 8 houses and buildings were
destroyed, and explosives were planted in a 10-story building in order
to destroy it. The destroyed houses include:
1. Isma'il 'Ebeidiyah: a 2-sotry house built on 250 square meters and sheltering a 7-member family, including 5 children;
2. Ghaleb
Hawan and his son Monther: a 2-story house built on 210 square meters
and sheltering a 10-member family, including 6 children;
3. Belal al-Kiswani: a 1-story house sheltering a 5-member family, including 3 children;
4. 'Alaa' 'Amirah: a 2-story house built on 400 square meters (uninhabited)
5. Mohammed Idris Abu Teir: a 7-story building comprised of 40 residential apartments (under-construction)
6. Ja'afar Abu Hamed: a 1-story house (under-construction);
7. Mohammed Salem al-Atrash: a 4-sotry building (under-construction); and
8. 'Ali Khalil Hamadah: a 4-sotry building (under-construction)
It
should be mentioned that on 13 June 2019, the Israeli High Court
approved the Israeli military’s decision to demolish 16 residential
buildings comprised of 100 apartments in Wadi al-Humus neighborhood
under the pretext of being near the annexation wall which was
established on the village's lands. On 20 June 2019, the Israeli forces
handed tens of residents notices to self-demolish their property by 18
July or the Israeli forces will later do so. On 21 July 2019, the
Israeli High Court rejected the appeal filed by the residents to freeze
the demolition orders, and within hours the Israeli forces stormed the
neighborhood and started the demolitions.
Wadi
al-Humus neighborhood (area: 3,000 dunums; population: 6000) is located
on the edge of Sour Baher, south of occupied East Jerusalem. The
neighbourhood is not within Jerusalem's municipal boundaries and most of
its lands are classified in Area A that is under full control of the
Palestinian Authority according to the Oslo Accords; thus, the
buildings’ owners obtained construction licences from the Palestinian
Ministry of Local Governance. Following the construction of the
annexation wall in 2003, the neighbourhood was split as some houses
ended up in the Israeli side but not under jurisdiction of the Israeli
Municipality of Jerusalem.
PCHR deeply condemns the Israeli forces' violations against Wadi al-Humus neighbourhood and affirms that:
First: the
international community's silence towards the Israeli violations,
especially the destruction of an entire neighbourhood and displacement
of its residents, reflects the inability of international bodies to
protect international humanitarian law, as well as hundreds of United
Nations resolutions issued over the past seven decades relevant to the
Palestinian cause.
Second: PCHR
reiterates that the Israeli judicial system, including the High Court,
acts in support of the occupation and legitimizes its violations of IHL
when the issues concern Palestinian victims.
Third: PCHR
stresses that East Jerusalem is an occupied territory, and all measures
taken by Israel since 1967 do not change its legal status as an
occupied territory.
Fourth: Article
(49) of the 1949 Fourth Geneva Convention prohibited the Individual or
mass forcible transfer or deportation of persons from their places of
residence, unless it was for their own interest, such as protecting them
from the dangers of armed conflicts. Article 7.1.d of the Rome Statute
of the International Criminal Court stipulates that Deportation or
forcible transfer of population be considered a crime against humanity
when committed as part of a widespread or systematic attack directed
against any civilian population. This is also emphasized in articles 6,
7, and 8 of the Rome Statute.
PCHR
calls upon the international community and UN bodies to intervene to
stop Israel’s crimes and violations of Palestinians’ human rights, and
to provide them with protection.
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---------- Forwarded message ---------
From: Norwegian Refugee Council <A902583001@distribution.cision.com> Date: Mon, Jul 22, 2019 at 8:05 PM Subject: Demolitions in Sur Baher set dangerous precedent for Palestinian communities To: media colleague . <1453ak@gmail.com> Demolitions in Sur Baher set dangerousprecedent for Palestinian communities
Jerusalem,
22 July 2019 — The demolition of 10 buildings by Israeli forces in the
Sur Baher neighborhood in East Jerusalem today, totaling around 70
apartments, is a grave breach of international humanitarian law and sets
a dangerous precedent, the Norwegian Refugee Council (NRC) said today.
The
majority of the structures are located in Areas A and B, which fall
under Palestinian civil control, including for planning and building
matters, as designated by the Oslo Accords.
“Israel’s security arguments to justify these demolitions sets a dangerous precedent that leaves thousands at heightened risk,” said NRC’s Palestine Country Director, Kate O’Rourke. “The commission of grave breaches of international humanitarian law must be challenged by the international community.” An Israeli military order issued in 2011 designated a buffer zone of 100 to 300 meters on both sides of the separation barrier in Sur Baher and prohibited construction in the Wadi al-Hummus area of the neighborhood as a security measure. While the number of structures facing similar risk is difficult to estimate, local residents say that roughly 100 additional buildings could be at heightened risk of demolition in Sur Baher alone. Sur Baher land in Area A, B, and C remain part of the West Bank, but the route of Israel’s separation barrier left them on the Israeli side, preventing the Palestinian Authority from accessing or delivering services to these areas. Nonetheless, the Palestinian Authority still issues building permits to the residents as permitted under the Oslo Accords. Residents, represented by attorney Saher Ali and the Society of St. Yves, a Jerusalem-based human rights organization and local NRC partner, petitioned the Israeli High Court of Justice to request the cancellation of the military order prohibiting construction or, alternatively, a reprieve from demolishing the structures. On 11 June, the court dismissed their petitions. The developments in Sur Baher come amid renewed momentum to further entrench and tighten Israeli control over key locations across East Jerusalem. Since the beginning of the year, Israeli authorities have demolished 140 Palestinian-owned structures in the city, according to OCHA. Together with an increase in eviction cases, these demolitions point toward an intent to accelerate forcible transfer of Palestinian communities in East Jerusalem and alter the demographic composition of the city. Israel’s destruction of property in Sur Baher breaches its obligations under international humanitarian law and other peremptory norms of international law, including the duty to maintain territorial integrity and the prohibition on acquisition of territory by force. Background
For interviews or more information, please contact:
NRC's media hotline: info@nrc.no, +47 90562329
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