ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORIES／PALESTINIAN AUTHORITY：
palestinian villagers and israeli state mediate

ADDITIONAL INFORMATION

Under international humanitarian law (IHL), including the Geneva Conventions, evacuations of protected persons (such as the inhabitants of an occupied territory) are only admissible for their own protection, temporarily, and only if there is an imperative military reason for taking this extreme measure. The description of Firing Zone 918 provided by the Israeli state in its legal response, where it claims that the terrain is particularly suitable for specific live-fire training, does not meet the threshold of such an imperative necessity, and therefore, if implemented, the eviction of the residents of this area would constitute forced transfer in violation of IHL. Similarly, IHL prohibits destruction of property in occupied territory except where absolutely necessary for military operations. The military activity that does take place in the area occasionally damages the residents’ property, and arbitrarily restricts movement including access to medical treatment and the transport of water containers. The military administration of the Occupied Palestinian Territories (OPT) issues and implements demolition orders against the residents’ property, because there are no planning provisions for Palestinian residency in the eight villages, as well as in dozens of other Palestinian villages around them. The residents’ rights to an adequate standard of living including the rights to water, to the highest attainable standard of health and to education, under the International Covenant on Economic, Social and Cultural Rights (ICESCR), together with their right not to be discriminated against in relation to those rights, are being violated repeatedly and in various ways.

For years Israel has pursued a policy of discriminatory house demolition, allowing scores of Israeli settlements, illegal under international law, to be built on occupied Palestinian land, while confiscating Palestinian lands, refusing building permits for Palestinians and destroying their homes. In the first half of 2013, more than 250 homes, work sheds and animal pens were destroyed in Area C, displacing at least 300 Palestinians and causing damages to many more, on the grounds that they had been built illegally; Palestinians living there face severe restrictions on building, while settlements for Israelis in the same area continue to expand and are provided with utility services and other infrastructure. International law forbids occupying powers from settling their own citizens in the territories they occupy.

House demolitions are generally carried out without warning of the date and without any consultation, giving no opportunity for Palestinians to salvage their possessions or find at least basic shelter elsewhere. The UN has estimated that some 4,800 demolition orders are pending, many of which are in Area C of the West Bank. In Area C, Israel has complete control over planning and construction and the approximately 150,000 Palestinians living there lack representation at all levels of the Israeli military planning system. Not only are there no Palestinian representatives on the planning institutions, but even the ability of Palestinian residents to submit objections to eviction and demolition orders are very limited. Palestinians, especially villagers in marginal areas such as the hills to the south-east of Hebron and the Jordan Valley, have suffered particular pressure. In a “closed military zone” there is effectively no possibility for Palestinian construction and development. These demolitions amount to forced evictions. This places Israel in breach of its obligations under international human rights law, including the ICESCR, which it ratified in 1991, enshrining the right to adequate housing for everybody and prohibiting forced evictions, defined by the Committee on Economic, Social and Cultural Rights in General Comment 7 as “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of and access to, appropriate forms of legal or other protection”.

The situation is compounded by the fact that, under Israeli military law, evicted families are not entitled to alternative housing or compensation, thereby violating their right to effective remedy, meaning many would face homelessness and destitution were it not for relatives, friends and charities.

Name: Residents of Safai, Majaz, Tabban, Fakhit, Halaweh, Mirkez, Jinba and Hillet a-Dab’a

Gender m/f: both

UA: 170/13 Index: MDE 15/011/2013 Issue Date: 3 July 2013

ADDITIONAL INFORMATION

Under international humanitarian law (IHL), including the Geneva Conventions, evacuation of protected persons (such as the inhabitants of an occupied territory) is prohibited, unless undertaken for their own protection, or if there is an imperative military reason for taking this extreme measure. Even then, such evacuations must be temporary, and the residents returned to their homes as soon as hostilities in the area have ceased. The description of Firing Zone 918 provided by the Israeli state in its legal response, where it claims that “Firing Zone 918 constitutes a very important area for IDF exercises and has no substitute identical in nature” does not make the case that the threshold of “imperative military reason” has been met. Therefore, if implemented, the eviction of the residents of this area would constitute forced transfer in violation of IHL. Similarly, IHL prohibits destruction of property in occupied territory except where absolutely necessary for military operations. The military activity that does take place in the area occasionally damages the residents’ property, and arbitrarily restricts movement including access to medical treatment and the transport of water containers. The military administration of the Occupied Palestinian Territories (OPT) issues and implements demolition orders against the residents’ property, because there are no planning provisions for Palestinian residency in the eight villages, as well as in dozens of other Palestinian villages around them. The residents’ rights to an adequate standard of living including the rights to adequate housing, water and sanitation, to the highest attainable standard of health and to education, under the International Covenant on Economic, Social and Cultural Rights (ICESCR), together with their right not to be discriminated against in relation to those rights, are being violated repeatedly and in various ways.

In Area C, Israel has complete control over planning and construction and the approximately 150,000 Palestinians living there lack representation at all levels of the Israeli military planning system. Not only are there no Palestinian representatives on the planning institutions, but even the ability of Palestinian residents to submit objections to eviction and demolition orders are very limited. Palestinians, especially villagers in marginal areas such as the hills to the south-east of Hebron and the Jordan Valley, have suffered particular pressure. In a “closed military zone” there is effectively no possibility for Palestinian construction and development, and many existing structures are at risk of being demolished on the grounds that they had been built illegally. The discriminatory policy means that Palestinians living there face severe restrictions on building, while settlements for Israelis in the same area continue to expand and are provided with utility services and other infrastructure. International law forbids occupying powers from settling their own civilians in the territories they occupy.

The lack of genuine consultation to explore all alternatives with the affected communities to date and the failure to provide alternative accommodation for those who need it means that these demolitions amount to forced evictions. This places Israel in breach of its obligations under international human rights law, including the ICESCR, which it ratified in 1991, enshrining the right to adequate housing for everybody and prohibiting forced evictions, defined by the Committee on Economic, Social and Cultural Rights in General Comment 7 as “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of and access to, appropriate forms of legal or other protection”. Mediation such as that suggested by the High Court of Justice in the case of the villages in Firing Zone 918 can potentially amount to genuine consultation if it is conducted according to international standards and not prejudiced by existing unlawful orders and policies. Genuine consultation requires the provision of full, accurate and timely information, meaningful engagement by the authorities and serious consideration of alternative proposals by affected communities.

The situation is compounded by the fact that, under Israeli military law, evicted families are not entitled to alternative housing or any compensation, thereby violating their right to effective remedy, meaning many would face homelessness and destitution were it not for relatives, friends and charities.

Name: Residents of Safai, Majaz, Tabban, Fakhit, Halaweh, Mirkez, Jinba and Hillet al-Dhaba’a

Gender m/f: both

Further information on UA: 170/13 Index: MDE 15/013/2013 Issue Date: 11 September 2013