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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
The seizure of privately owned Palestinian land to establish and expand Israeli settlements has been a common phenomenon from the beginning of the Israeli occupation. In recent years, these actions have been conducted primarily by Israeli settlers without an official permit or authorization, but often with the acquiescence and active support of the Israeli authorities. The resulting loss of property and sources of livelihood, restricted access to services, and a range of protection threats have triggered demand for assistance and protection measures by the humanitarian community.
In October, legal cases filed with the Israeli HCJ in relation to four Palestinian communities in the northern Jordan Valley ruled in favour of demolitions due to lack of building permits, which are rarely granted by the Israeli authorities for Palestinians. Consequently, more than 200 structures, 26 per cent of which were donor-funded, in the communities of Makhul, Humsa al-Baqai’a, al Farisiya-Ihmayyer and al Farisiya-Nabe al Ghazal are under threat of demolition. An estimated 171 people, over 50 per cent of whom are children, are at imminent risk of displacement. Demolitions or the threat of demolitions, along with discriminatory planning policies that make it near impossible for Palestinian residents of Area C to obtain authorization for construction, are among the Israeli policies identified by the Secretary-General as generating a coercive environment that puts pressure on Palestinians to leave their communities and creates a risk of forcible transfer.
The targeting of key service infrastructure in already vulnerable communities in Area C in recent months has exacerbated the coercive environment and places residents at risk of forcible transfer. In August, on the eve of the new school year, the Israeli authorities requisitioned nine educational-related structures serving 170 children in three such communities.
The hostilities between Israel and Palestinian armed groups from 8 July to 26 August 2014 were the most devastating in the Gaza Strip since the start of the Israeli occupation in 1967. They resulted in the deaths of 2,251 Palestinians, including at least 1,462 civilians, and 71 Israelis, of whom five were civilians. Over 11,000 Palestinians were injured, including hundreds of people left with a long-term disability, and huge numbers of the population, particularly children, were traumatized.
Recent developments in East Jerusalem highlight the coercive environment affecting many Palestinian residents of the city. Four recently-advanced settlement plans in Sheikh Jarrah neighbourhood threaten with eviction over 70 Palestinian residents.
Following a rise in Palestinian attacks since October 2015, and citing the need for deterrence and prevention, the Israeli authorities have implemented measures that penalize Palestinians for acts that they did not commit and for which they are not criminally responsible. These measures include the destruction of the family homes of Palestinians who carried out an attack or are suspected of carrying out or planning attacks, and the closure of localities where some of these suspects lived. These practices raise concerns about collective punishment, which is prohibited under Article 33 of the Fourth Geneva Convention.