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Destruction of Property
In recent years, large numbers of civilian properties have been destroyed in the course of hostilities and military operations, mostly in the Gaza Strip. Properties have also been subject to demolition or confiscation as part of the Israeli-imposed planning and zoning regime in Area C and East Jerusalem parts of the West Bank, and to punitive demolition or sealing following attacks on Israelis. In some areas, properties are also destroyed by settlers, who engage in politically-motivated attacks and, for example, set agricultural land on fire, leading to reduced access to services, loss of income and more.
The destruction of property in an occupied territory is prohibited under international humanitarian law, unless absolutely necessary for military operations. Although the humanitarian response to such practices includes the delivery of shelters, these have also been often subject to demolition or confiscation.
Articles, statements and press releases
We are following with sadness today the Israeli authorities’ destruction of homes in the Palestinian community of Sur Bahir. Initial information emerging from the community indicates that hundreds of Israeli forces entered the community this morning and have demolished a number of residential buildings, including inhabited homes, located in Areas A, B and C of the West Bank on the East Jerusalem side of the Barrier. The large-scale operation began in the early hours of this morning while it was still dark, forcing families out of their homes, and causing great distress among residents. Among those forcibly displaced or otherwise impacted are Palestine refugees, some of whom today are facing the reality of a second displacement in living memory.
We are following very closely developments in the Sur Bahir area of the Jerusalem governorate. Seventeen Palestinians, including nine Palestine refugees, face the risk of displacement, and over 350 others risk massive property loss, due to the Israeli authorities’ intention to demolish 10 buildings, including around 70 apartments, due to their proximity to the West Bank Barrier. One month ago, following the exhaustion of almost all domestic legal remedies, Israeli forces sent the residents, a “Notice of Intent to Demolish” which will expire tomorrow, 18 July
Houses to be demolished in Sur Bahir because of proximity to the Barrier: Sur Bahir (pop. 24,000) is a Palestinian neighbourhood in the south east of Jerusalem. Most of Sur Bahir is located within the unilaterally-annexed East Jerusalem municipal area, but the community reports that they own some 4,000 dunums of land in Area A and B and C, as designated under the Oslo Accords. Uniquely, the Barrier has been routed around Sur Bahir so that parts of Area A, B and C fall on the ‘Jerusalem’ side. The residents’ local committee estimates that some 6,000 people, or a quarter of the population, currently live in these Oslo-defined areas. Despite this, these areas have not been incorporated within the municipal boundary, although they are now physically separated from the remainder of the West Bank. In practice, the Palestinian Authority (PA) is unable to access or deliver services to Area A and B in Sur Bahir, although they still issue building permits in these areas, as they have been authorized to do under the Oslo Accords.
As reported in last month’s Bulletin, some 60 homes and other structures were demolished in East Jerusalem in April, due to lack of building permits. This is the highest number in a single month since OCHA began to systematically record demolitions in 2009. More people have already been displaced in East Jerusalem in the first four months of 2019 than in all of 2018. Although no demolitions occurred in East Jerusalem in May, it has been the practice of the Israeli authorities to refrain from conducting demolitions during the month of Ramadan and demolitions are expected to resume after the Eid holiday in June.
In East Jerusalem, as in Area C of the West Bank, a restrictive planning regime applied by Israel makes it virtually impossible for Palestinians to obtain building permits, impeding the development of adequate housing, infrastructure and livelihoods. Only 13 per cent of East Jerusalem is zoned for Palestinian construction, much of which is already built up, while 35 per cent has been allocated for Israeli settlements, which are illegal under international law.
The demolition of residential, livelihood and service infrastructure, on the grounds of a lack of Israeli-issued permits, has continued throughout the West Bank, including in East Jerusalem. In the first three months of 2019, a total of 136 Palestinian structures were demolished in the West Bank, of which 48 were in East Jerusalem and 88 in Area C, displacing 218 people, including 97 children and 57 women.