March 14, 2002
PCHR wins Israeli Supreme Court Decision Temporarily Halting Demolition of 7 Palestinian Houses; Other Houses Under Immediate Threat
PCHR wins Israeli Supreme Court Decision Temporarily Halting Demolition of 7 Palestinian Houses; Other Houses Under Immediate Threat

 

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Press release

 

PCHR wins Israeli Supreme Court Decision Temporarily Halting Demolition of 7 Palestinian Houses; Other Houses Under Immediate Threat

 

Date:    14 March 2002

Ref:     36/2002

 

In response to an emergency appeal filed by PCHR, the Israeli Supreme Court early this morning issued a temporary order instructing Israeli occupying forces to refrain from demolishing 7 Palestinian houses in the central Gaza strip.  At the same time, a group of approximately 20 houses in a nearby area are under immediate threat of demolition.

 

Last night, at approximately 2100, Israeli occupying forces surrounded a group of homes near the Palestinian Flour company south of Deir al-Balah and informed the owners that they had two hours to evacuate their houses before demolition.  PCHR filed an emergency appeal with the Israeli Supreme Court on behalf of owners of 7 of the houses.  At 0030 this morning, the Court issued a temporary order halting the house demolitions.  The Israeli Supreme Court has scheduled a hearing for 17 March to rule on PCHR’s appeal.

 

Israeli occupying forces apparently initiated the house demolition operation after a Palestinian military attack on Israeli occupying forces stationed on the nearby Kissufim road, near Deir al-Balah.

 

PCHR is also following the case of a group of 16 houses in the nearby Abu al-‘Ajin area, whose owners were informed yesterday at 1300 that they had 24 hours to evacuate before demolition.

 

The houses in Abu al-‘Ajin were first placed under threat of demolition last month.  After an emergency appeal by PCHR to the Israeli Supreme Court, the Israeli State Prosecutor’s office pledged that it would not demolish the homes without 1`aqA providing the families with an opportunity for appeal while also reserving the right to demolish the houses immediately if Israeli occupying forces alleged that there was a “security need.”  On 9 March, Israeli occupying forces demolished four homes in the area, one of which was explicitly covered by the Court proceedings, without any opportunity for appeal or evacuation.

 

PCHR urges governments, non-governmental organisations, human rights groups, civil society, and individuals to immediately contact the Israeli government and demand an end to the policy of house demolitions, and to guarantee that the houses in question near Deir al-Balah will not be destroyed.  Such appeals should remind the Israeli government that extensive, unlawful, and wanton destruction of private civilian property not justified by military necessity is a grave breach under Article 147 of the Fourth Geneva Convention and thus constitutes a war crime.  Moreover, reprisals against a civilian population are a form of collective punishment, in violation of Article 33 of the Convention.  In November 2001, the UN Committee Against Torture also ruled that Israel’s house demolition policy constitutes cruel, inhuman, or degrading treatment under certain circumstances.

 

PCHR strongly condemns violations of international humanitarian law by Israeli occupying forces and calls upon the international community to immediately fulfill their 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).

 

For more information about this matter, contact PCHR’s Legal Unit Coordinator, Eyad al-Alami.