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Press Release
URGENT APPEAL: Save Palestinian Homes at Risk of Demolition
Date: 19 February 2002
Ref: 22/2002
Earlier today, the Israeli Supreme Court issued an emergency order nisi temporarily halting the demolition of a group of Palestinian houses near Deir al-Balah in the central Gaza Strip. PCHR, which filed an emergency appeal before the court on behalf of 16 of the house owners, calls upon the international community to prevail upon the Israeli government to guarantee that the houses will not be demolished and to end the policy of house demolitions.
At 02.00 today, Israeli occupying forces surrounded a number of houses located southeast of Deir al-Balah, along the road between Gush Katif settlement bloc and Kissufim border crossing. Israeli forces orally informed the owners of the houses to evacuate before this afternoon. According to a PCHR fieldworker, the occupying forces began demolishing houses at 10.30. The first house demolished belonged to Mahmoud Suleiman al-Sameiri; at least another 18 houses are under threat of demolition. A French civil society delegation at the scene protested against the operation.
This morning, PCHR instructed its Israeli lawyer, André Rosenthal, to file an emergency appeal before the Israeli Supreme Court in an attempt to halt the demolitions. Rosenthal also contacted David Benyamin, the Israeli military legal advisor, who denied any knowledge of the ongoing operation. Upon Rosenthal and PCHR’s urging, Benyamin visited the site personally and ordered the forces present to desist until the Supreme Court concluded its deliberations over the emergency appeal. Such an order was necessary to prevent the commander at the scene from arrogating to himself the authority to decide on the nature and scope of the demolitions, as has occurred in similar operations. Rosenthal also contacted Milicheal Blas of the Israeli attorney general’s office, who is responsible for order nisis.
At approximately 15.00, Supreme Court justice Dorner, in an emergency session, issued an order nisi temporarily halting the demolitions. The Court will appoint a panel of three judges to consider the matter at a latter date, until which time no action should be taken against the houses in question.
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 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).
[Appendix I: Messages should be addressed to:]
Ariel Sharon
Prime Minister of Israel
Fax: + 972 2 566 48 38 / 691 79 15
E-mail: [email protected]
Cc to: [email protected], [email protected]
Shimon Peres
Foreign Minister of Israel
Fax: + 972 2 530 3704
E-mail: [email protected]
Cc to:
Office of the Deputy Foreign Minister ([email protected])
Director General ([email protected])
Spokesman’s office ([email protected])
Public Relations ([email protected])
Benyamin Ben-Eliezer
Defence Minister of Israel
Fax: +972 3 697 6990
E-mail: [email protected]
To find contact details of the embassy of Israel in your country, click on the following link:
Country names beginning with:
A-F:http://www.embassyworld.com/embassy/israel2.htm
G-N:http://www.embassyworld.com/embassy/israel3.htm
P-Z: http://www.embassyworld.com/embassy/israel4.htm
Kindly inform PCHR of any action taken and cc messages to: [email protected] or by fax at 972 8 282 4776 or 282 5893.
[Appendix II: Palestinian Plaintiffs Represented by PCHR]
