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Press release
Israeli Supreme Court Issues Guidelines on House Demolitions
Date: 19 March 2002
Ref: 42/2002
In response to a set of appeals filed by PCHR, the Israeli Supreme Court issued a ruling today providing guidelines that the Israeli army must follow before demolishing Palestinian houses in the Occupied Palestinian Territories (OPT).
Under the ruling, Israeli occupying forces must provide Palestinians with a warning and opportunity for appeal to the local military commander before demolishing houses, unless this would endanger the lives of Israelis or if there are combat activities in the vicinity. The ruling does not provide Israeli military officers with guidelines for deciding on appeals.
In a submission to the Supreme Court before the hearing, Michael Palas of the Israeli State Prosecutor’s office said that officials would check to ensure that proper warning had been given to anyone whose house was slated for demolition and that a decision on demolition would only be taken after opportunities for appeal had been granted.
The Supreme Court made its ruling on behalf of four appeals submitted by PCHR lawyers on behalf of three groups of Palestinians whose homes have been under threat of demolition in recent weeks (names of plaintiffs appended): in al-Mughraqa area (near Netzarim settlement, outside Gaza city); near the Palestinian Flour Company (near Gush Katif settlement, in the southern Gaza strip); and Abu al-‘Ajin area (near Kissufim road, outside Deir Balah, in the central Gaza strip). Most of these houses are in rural areas, located near roads reserved exclusively for Israeli settlers and military. PCHR fears that Israeli occupying forces may seek to demolish these homes to “cleanse” the areas of Palestinians and annex the lands to the settlements. Israeli settlements in the OPT are a violation of Article 49(6) of the Fourth Geneva Convention.
Israeli occupying forces have demolished at least 520 houses in the Gaza strip during the al-Aqsa Intifada, in almost all cases without warning or judicial process. Unlike the cases mentioned above, the vast majority of these demolitions were carried out in the densely populated refugee camps of Khan Yunis and Rafah, in the southern Gaza strip.
By requiring that the army provide an opportunity for appeal, the Supreme Court has effectively demonstrated that there is no imperative military necessity for house demolitions, as granting opportunities for appeal would be impossible under true conditions of absolute military necessity. Yet PCHR is dismayed that the Supreme Court has failed to outlaw the house demolition policy, despite the absence of such a necessity.
Under the Fourth Geneva Convention, destruction of private property is prohibited unless “rendered absolutely necessary by military operations” (Article 53). Moreover, the extensive, wanton, and unlawful destruction of private civilian property not justified by military necessity is a grave breach of the Convention (Article 147) and thus constitutes a war crime.
PCHR considers the Supreme Court ruling, the first on this matter during the al-Aqsa Intifada, to be a far from definitive protection for the homes of Palestinian civilians. PCHR thus reiterates its call for governments, human rights groups, and civil society to demand that Israel ends its policy of house demolitions and respect the Fourth Geneva Convention in the OPT.
PCHR also calls upon the international community to immediately fulfil its moral and legal obligations to ensure Israel’s respect of the Fourth Geneva Convention. PCHR also calls upon the international community to provide immediate and effective international protection for Palestinian civilians in the OPT until Israel ends its 35-year belligerent military occupation of the Gaza strip and West Bank (including east Jerusalem).
PCHR clients before the Israeli Supreme Court:
Yihiye Suleiman al-Mutayeb and 7 others (case no. 2002/2264)
Basel al-Wuhaidi and others (case no. 2002/2329)
Rafiq Musullem Mutaweh and 10 others (case no. 2002/2332)
Anwar Awadh and 7 others (case no. 2002/2333)