House demolition in the Israeli-Palestinian conflict
Encyclopedia
House demolition is a controversial tactic used by the Israeli Defence Forces (IDF) and Israeli settlers in Jerusalem, the West Bank
, and the Gaza Strip
against Palestinians.
Official IDF explanations for house demolition
s include use as a counter-insurgency
security measure to impede or halt militant operations,
as a regulatory measure to enforce building codes and regulations,
and as a deterrent
against terrorism
in the occupied territories.
Human rights organizations and the United Nations
criticize the ongoing demolitions of Palestinian homes as violating international law
, and contend that Israeli governments actually use demolitions to collectively punish
Palestinians and to seize property for the expansion of Israeli settlement
s.
House demolitions are also used to remove illegal (by Israeli law) Israeli settlements.
(UN) and human rights
groups such as Amnesty International
and the International Committee of the Red Cross
who oppose the house demolitions reject the IDF's claims, and document numerous instances where they argue the IDF's claims do not apply. They accuse the Israeli government and IDF of other motives:
According to the United Nations, about 1,500 homes were demolished by the IDF just in the Rafah
area in the period 2000-2004.
In 2004, Human Rights Watch
published the report 'Razing Rafah: Mass Home Demolitions in the Gaza Strip'. The report documented what it described as a "pattern of illegal demolitions" by the IDF in Rafah, a refugee camp and city at the southern end of the Gaza Strip on the border with Egypt where sixteen thousand people lost their homes after the Israeli government approved a plan to expand the de facto "buffer zone"
in May 2004. The IDF’s main stated rationales for the demolitions were; responding to and preventing attacks on its forces and the suppression of weapons smuggling through tunnels from Egypt
using armored bulldozer
s, usually Caterpillar D9
, but also with excavator
s (for high multi-story buildings) and wheel loaders (for small houses with low risk) modified by the IDF. The heavily armored IDF Caterpillar D9
is often used when there is a risk demolishing the building (such as armed insurgents barricading inside or the structure is rigged with explosive and booby traps). Multi-story building, flats, and explosive labs are demolished by explosive devices, set by IDF demolition experts of Yaalom
's Sayeret Yael. Amnesty International has also described house demolitions that were carried out by the IDF using "powerful explosive charges".
is today governed by the Fourth Geneva Convention
, enacted in 1949, which protects non-combatants in occupied territories. Article 53 provides that "Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons ... is prohibited, except where such destruction is rendered absolutely necessary by military operations."
However, Israel, which is a party to the Fourth Geneva Convention, asserts that the terms of the Convention are not applicable to the Palestinian territories
on the grounds that the territories do not constitute a state which is a party to the Fourth Geneva Convention. This position is rejected by human rights organisations such as Amnesty International, which notes that "it is a basic principle of human rights law that international human rights treaties are applicable in all areas in which states parties exercise effective control, regardless of whether or not they exercise sovereignty in that area."
in the use of house demolitions by Israel. Many demolitions are carried out with no warning or opportunity for the householder to appeal.
In 2002, a proposed demolition case was appealed to the Israeli Supreme Court who ruled that there must be a right to appeal unless doing so would "endanger the lives of Israelis or if there are combat activities in the vicinity." In a later ruling the Supreme Court decided that demolitions without advanced warning or due process can be carried out if advance notice would hinder demolition. Amnesty describes this as "a virtual green light" to demolition with no warning.
In a 1987 letter, the British said this regulation had been repealed in 1948. However, the repeal was not published in the Palestine Gazette, as required in law at that time, and Israel still operates the contentious policy of punitive military house demolition under the 1945 British DER 119.
As part of the 2nd intifada, the IDF adopted a policy of house demolition
in response to a wave of suicide bombings. Israel justified the policy on the basis of deterrence
against terrorism, and providing an incentive for families of potential suicide bombers
to prevent the bomber from attacking. Demolitions can also occur in the course of fighting. During Operation Defensive Shield
, several IDF soldiers were killed early in the conflict while searching houses containing militants. In response, the IDF started employing a tactic of surrounding such houses, calling on the occupants (civilian and militant) to exit, and demolishing the house on top of the militants that do not surrender. This tactic, called "Nohal Sir Lachatz" נוהל סיר לחץ "Pressure Pot", is now used whenever feasible (i.e., non multi-rise building that's separated from other houses). In some heavy fighting incidents, especially in the 2002 Battle of Jenin
and Operation Rainbow
in Rafah
2004, heavily-armored
IDF Caterpillar D9
bulldozers were used to demolish houses to widen alleyways or to secure locations for IDF troops.
House demolitions are usually done without prior warning and often during the night. The home's inhabitants are given little time to evacuate - usually between a few minutes to half an hour.
In February 2005, the Ministry of Defense (Israel)
ordered an end to the demolition of houses for the purpose of punishing the families of suicide bombers unless there is "an extreme change in circumstances". However, house demolitions continue for other reasons. In 2010 (to 9 Nov) 315 Palestinian-owned structures have been demolished in East Jerusalem and Area C (including 17 structures demolished by their owners following demolition orders). 402 people have been displaced and about 1,296 people have been otherwise affected. http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/101118w0001.htm#10111866000542
In 2009, after a string of fatal attacks by Palestinian against Israelis in Jerusalem, the Israeli High Court of Justice ruled in favor of the Israeli Defense Forces to seal with cement the family homes of Palestinian terrorists as a deterrent against terrorism. http://www.haaretz.com/news/court-orders-home-of-jerusalem-yeshiva-terrorist-sealed-off-1.267483
A number of human rights
organizations, including Human Rights Watch
and the Israeli Committee Against House Demolitions
, oppose the practice. Human Rights Watch has argued that the practice violates international laws against collective punishment
, the destruction of private property
, and the use of force against civilians.
Israeli historian Yaacov Lozowick
, however, implied that there is a moral basis for demolishing the houses of families of suicide bombers, stating:
In May 2004, The Israeli Foreign Ministry publicly stated:
US Secretary of State Hillary Clinton criticised the Israeli government's plans to demolish Palestinian homes in East Jerusalem calling the action a violation of international obligations.
, Hamas
's chief bomb maker, known as "the engineer", as well as the perpetrators of the First and second Jerusalem bus 18 massacres, and the Ashqelon bus station bombing.
According to the Israeli human rights organization B'Tselem
:
In November 2008 B'Tselem
filmed an armed Israeli Policeman wearing a riot helmet headbutt a Palestinian women. The confrontation occurred during a protest, after the Jerusalem municipality destroyed two houses because it said they were built without permission.
According to Amnesty International, "The destruction of Palestinian homes, agricultural land and other property in the Occupied Territories, including East Jerusalem, is inextricably linked with Israel’s long-standing policy of appropriating as much as possible of the land it occupies, notably by establishing Israeli settlements." In October 1999, during the "Peace Process" and before the start of the Al Aqsa Intefada, Amnesty International wrote that: "well over one third of the Palestinian population of East Jerusalem live under threat of having their house demolished. ... Threatened houses exist in almost every street and it is probable that the great majority of Palestinians live in or next to a house due for demolition."
Dr. Meir Margalit
of Israeli Committee Against House Demolitions
writes:
, located in the northeastern West Bank
, is currently being threatened by demolition orders issued by the Israeli Civil Administration against the entire village. The Civil Administration had previously expropriated large areas of privately registered land in the village, and as of May 2008 it has threatened to demolish the following structures: the mosque, the British government-funded medical clinic, the internationally-funded kindergarten, the Rural Women's Association building, the roads, the water tank, and nearly all private homes. According to the Rebuilding Alliance, a California-based organization that opposes house demolitions, Haj Sami Sadek, the mayor of the village, has circulated an open letter asking for assistance. Gush Shalom
, the Israeli Peace Bloc, and the Israeli Committee Against House Demolitions
are said to be supporting the campaign.
In May 2008, a UN agency said that thousands of Palestinians in the occupied West Bank risk being displaced as the Israeli authorities threaten to tear down their homes and in some cases entire communities. "To date, more than 3,000 Palestinian-owned structures in the West Bank have pending demolition orders, which can be immediately executed without prior warning," the UN Office for Coordination of Humanitarian Affairs said in a report.
. For 2004 and 2005 ICAHD's figures are as follows:
ICAHD's report further claims that building inspectors record only a small proportion of the infractions in West Jerusalem (usually illegal extensions or porches), and say that no entire residential building in the Western section has ever received demolition orders or been demolished. ICAHD claims that: "The Jerusalem Municipality expropriates land, prevents preparation of a town planning scheme for Palestinian neighborhoods, and refuses to grant building permits, causing a severe housing shortage, forcing residents to build without a permit, after which the Ministry of Interior and the Municipality demolish the houses, so the residents move into homes outside the city, and then the Ministry of Interior revokes their residency and banishes them from the city forever".
ICAHD's conclusions have been disputed by the Israeli Jerusalem Center for Public Affairs
, who argue on their website that the larger number of Palestinian demolitions is simply because many more Palestinian homes have been built illegally. They claim to have "document[ed] a pattern of politically-motivated behavior and criminal profiteering that characterizes much of the construction in the Arab sector of the Holy City.".
----
and FMEP
, the number of permits requested and granted in the western parts of Jerusalem is far larger than the number granted in the eastern parts, but the percentages granted have been roughly similar:
Though the statistics do not show the nationality of the permit requestee nor the nationality of the land owner, CAMERA argues that these figures show that the denial of permits to Arabs and Jews is not based on the ethnicity of the applicant, but instead is generally meant to uphold Israeli master plans and building codes.
In contrast, Amnesty International highlight in these figures the small number of Palestinian permit requests (only about 10 percent of the Israeli requests), and argue that this is indicative of the tiny (and ever-shrinking) percentage of land that the Palestinians have available for their use because of the theft of their land. In 2008 Nicoletta Dimova wrote in the Palestine-Israel Journal
that "today, the city's Palestinians are only allowed to build on about 9% of the 17,600 acres of land comprising East Jerusalem", the remainder having been expropriated by Israeli authorities for use by Israeli settlers or as land where Israel currently permits no construction.
In recent years, the Israeli government has demolished thousands of houses or other residences, and other property belonging to Israeli settlers, when conceding some land and territory to the Palestinian Authority. The Israeli Ministry of Foreign Affairs has said that this is due to a request from the Palestinian authorities to replace single-family dwellings with apartment buildings, better suited to the needs of the local population.
Houses have also been demolished in Jewish outposts such as Amona.
In May 2010, it was reported that Hamas had demolished as many as 40 homes in the southern Gaza Strip. Then later planning to demolish a further 180 to erect a religious center
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
, and the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
against Palestinians.
Official IDF explanations for house demolition
House demolition
House demolition is primarily a military tactic which has been used in many conflicts for a variety of purposes. It has been employed as a scorched earth tactic to deprive an advancing enemy of food and shelter, or to wreck an enemy's economy and infrastructure. It has also been used for purposes...
s include use as a counter-insurgency
Counter-insurgency
A counter-insurgency or counterinsurgency involves actions taken by the recognized government of a nation to contain or quell an insurgency taken up against it...
security measure to impede or halt militant operations,
as a regulatory measure to enforce building codes and regulations,
and as a deterrent
Deterrence
Deterrence may refer to:* Deterrence theory, a theory of war, especially regarding nuclear weapons* Deterrence , a theory of justice* Deterrence , a psychological theory...
against terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
in the occupied territories.
Human rights organizations and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
criticize the ongoing demolitions of Palestinian homes as violating international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, and contend that Israeli governments actually use demolitions to collectively punish
Collective punishment
Collective punishment is the punishment of a group of people as a result of the behavior of one or more other individuals or groups. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions...
Palestinians and to seize property for the expansion of Israeli settlement
Israeli settlement
An Israeli settlement is a Jewish civilian community built on land that was captured by Israel from Jordan, Egypt, and Syria during the 1967 Six-Day War and is considered occupied territory by the international community. Such settlements currently exist in the West Bank...
s.
House demolitions are also used to remove illegal (by Israeli law) Israeli settlements.
IDF arguments
House demolition is typically justified by the IDF on the basis of:- DeterrenceDeterrenceDeterrence may refer to:* Deterrence theory, a theory of war, especially regarding nuclear weapons* Deterrence , a theory of justice* Deterrence , a psychological theory...
, achieved by harming the relatives of those who carry out, or are suspected of involvement in carrying out, attacks - Counter-terrorismCounter-terrorismCounter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
, by destroying militant facilities such as bombBombA bomb is any of a range of explosive weapons that only rely on the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy...
s labLaboratoryA laboratory is a facility that provides controlled conditions in which scientific research, experiments, and measurement may be performed. The title of laboratory is also used for certain other facilities where the processes or equipment used are similar to those in scientific laboratories...
s, headquarters, and offices - Forcing out an individual barricaded inside a house, which may be rigged with explosives, without risking soldiers' lives
- Self-defence, by destroying possible hideouts and rocket propelled grenadeRocket propelled grenadeA rocket-propelled grenade is a shoulder-fired, anti-tank weapon system which fires rockets equipped with an explosive warhead. These warheads are affixed to a rocket motor and stabilized in flight with fins. Some types of RPG are reloadable while others are single-use. RPGs, with the exception of...
/gunGunA gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
posts - Combat engineeringCombat engineeringA combat engineer, also called pioneer or sapper in many armies, is a soldier who performs a variety of construction and demolition tasks under combat conditions...
, clearing a path for tankTankA tank is a tracked, armoured fighting vehicle designed for front-line combat which combines operational mobility, tactical offensive, and defensive capabilities...
s and heavy armoured personnel carrierArmoured personnel carrierAn armoured personnel carrier is an armoured fighting vehicle designed to transport infantry to the battlefield.APCs are usually armed with only a machine gun although variants carry recoilless rifles, anti-tank guided missiles , or mortars...
s
Human rights organisations' criticism
The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups such as Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and the International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
who oppose the house demolitions reject the IDF's claims, and document numerous instances where they argue the IDF's claims do not apply. They accuse the Israeli government and IDF of other motives:
- Collective punishmentCollective punishmentCollective punishment is the punishment of a group of people as a result of the behavior of one or more other individuals or groups. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions...
, the punishment of an innocent Palestinian "for an offence he or she has not personally committed." - Theft of Palestinian land by annexationAnnexationAnnexation is the de jure incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size...
to build the Israeli West Bank barrierIsraeli West Bank barrierThe Israeli West Bank barrier is a separation barrier being constructed by the State of Israel along and within the West Bank. Upon completion, the barrier’s total length will be approximately...
or to create, expand or otherwise benefit Israeli settlements.
According to the United Nations, about 1,500 homes were demolished by the IDF just in the Rafah
Rafah
Rafah , also known as Rafiah, is a Palestinian city in the southern Gaza Strip. Located south of Gaza, Rafah's population of 71,003 is overwhelmingly made up of Palestinian refugees. Rafah camp and Tall as-Sultan form separate localities. Rafah is the district capital of the Rafah Governorate...
area in the period 2000-2004.
In 2004, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
published the report 'Razing Rafah: Mass Home Demolitions in the Gaza Strip'. The report documented what it described as a "pattern of illegal demolitions" by the IDF in Rafah, a refugee camp and city at the southern end of the Gaza Strip on the border with Egypt where sixteen thousand people lost their homes after the Israeli government approved a plan to expand the de facto "buffer zone"
Philadelphi Route
The Philadelphi Route refers to a narrow strip of land, 14 km in length, situated along the border between Gaza Strip and Egypt. Under the provisions of the Israeli-Egyptian peace treaty of 1979, the buffer zone was controlled and patrolled by Israeli forces. After the 1995 Oslo Accords,...
in May 2004. The IDF’s main stated rationales for the demolitions were; responding to and preventing attacks on its forces and the suppression of weapons smuggling through tunnels from Egypt
Means
Demolitions are carried out by the Israeli Army Combat Engineering CorpsIsraeli Engineering Corps
The Israeli Combat Engineering Corps is the combat engineering forces of the Israel Defense Forces.The Combat Engineering Corps beret's color is grey and its symbol features a sword on a defensive tower with a blast halo on the background...
using armored bulldozer
Armored bulldozer
The armored bulldozer is a basic tool of combat engineering. These combat engineering vehicles combine the earth moving capabilities of the bulldozer with armor which protects the vehicle and its operator in or near combat. Most are civilian bulldozers modified by addition of vehicle armor/military...
s, usually Caterpillar D9
Caterpillar D9
Caterpillar D9 - General Characteristics Engineering Role: Heavy bulldozer Propulsion: Caterpillar tracks Engine model:CAT C18 ACERT 3408 HEUI Gross power: 464 hp D9T 474 hp D9R...
, but also with excavator
Excavator
Excavators are heavy construction equipment consisting of a boom, stick, bucket and cab on a rotating platform . The house sits atop an undercarriage with tracks or wheels. A cable-operated excavator uses winches and steel ropes to accomplish the movements. They are a natural progression from the...
s (for high multi-story buildings) and wheel loaders (for small houses with low risk) modified by the IDF. The heavily armored IDF Caterpillar D9
IDF Caterpillar D9
The Israeli Armored CAT D9 — nicknamed Doobi — is a Caterpillar D9 armored bulldozer that was modified by the Israel Defence Forces, Israeli Military Industries and Israel Aerospace Industries to increase the survivability of the armored bulldozer in hostile environments and enable it...
is often used when there is a risk demolishing the building (such as armed insurgents barricading inside or the structure is rigged with explosive and booby traps). Multi-story building, flats, and explosive labs are demolished by explosive devices, set by IDF demolition experts of Yaalom
Sayeret Yahalom
Yahalom is a special elite combat engineering unit of the Israeli Engineering Corps of the Israel Defense Forces...
's Sayeret Yael. Amnesty International has also described house demolitions that were carried out by the IDF using "powerful explosive charges".
Legal status
The use of house demolition under international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
is today governed by the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
, enacted in 1949, which protects non-combatants in occupied territories. Article 53 provides that "Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons ... is prohibited, except where such destruction is rendered absolutely necessary by military operations."
However, Israel, which is a party to the Fourth Geneva Convention, asserts that the terms of the Convention are not applicable to the Palestinian territories
Palestinian territories
The Palestinian territories comprise the West Bank and the Gaza Strip. Since the Palestinian Declaration of Independence in 1988, the region is today recognized by three-quarters of the world's countries as the State of Palestine or simply Palestine, although this status is not recognized by the...
on the grounds that the territories do not constitute a state which is a party to the Fourth Geneva Convention. This position is rejected by human rights organisations such as Amnesty International, which notes that "it is a basic principle of human rights law that international human rights treaties are applicable in all areas in which states parties exercise effective control, regardless of whether or not they exercise sovereignty in that area."
As a punitive measure
Amnesty International has criticised the lack of due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
in the use of house demolitions by Israel. Many demolitions are carried out with no warning or opportunity for the householder to appeal.
In 2002, a proposed demolition case was appealed to the Israeli Supreme Court who ruled that there must be a right to appeal unless doing so would "endanger the lives of Israelis or if there are combat activities in the vicinity." In a later ruling the Supreme Court decided that demolitions without advanced warning or due process can be carried out if advance notice would hinder demolition. Amnesty describes this as "a virtual green light" to demolition with no warning.
History
House demolitions were used in the region under the British Mandate. In 1945 the authorities passed the Defence (Emergency) Regulations and Regulation 119 made this practice available to the local Military Commander without limit or appeal.In a 1987 letter, the British said this regulation had been repealed in 1948. However, the repeal was not published in the Palestine Gazette, as required in law at that time, and Israel still operates the contentious policy of punitive military house demolition under the 1945 British DER 119.
As part of the 2nd intifada, the IDF adopted a policy of house demolition
House demolition
House demolition is primarily a military tactic which has been used in many conflicts for a variety of purposes. It has been employed as a scorched earth tactic to deprive an advancing enemy of food and shelter, or to wreck an enemy's economy and infrastructure. It has also been used for purposes...
in response to a wave of suicide bombings. Israel justified the policy on the basis of deterrence
Deterrence
Deterrence may refer to:* Deterrence theory, a theory of war, especially regarding nuclear weapons* Deterrence , a theory of justice* Deterrence , a psychological theory...
against terrorism, and providing an incentive for families of potential suicide bombers
Suicide Bombers
Suicide Bombers is the name of a 2005 EP by Leæther Strip. For the Australian hardcore band see Suicide Bombers -Track listing:# Suicide Bombers# Suicide Bombers # The Shame Of A Nation # This Is Where I Wanna Be...
to prevent the bomber from attacking. Demolitions can also occur in the course of fighting. During Operation Defensive Shield
Operation Defensive Shield
Operation Defensive Shield was a large-scale military operation conducted by the Israel Defense Forces in 2002, during the course of the Second Intifada. It was the largest military operation in the West Bank since the 1967 Six-Day War. The operation was an attempt by the Israeli army to stop the...
, several IDF soldiers were killed early in the conflict while searching houses containing militants. In response, the IDF started employing a tactic of surrounding such houses, calling on the occupants (civilian and militant) to exit, and demolishing the house on top of the militants that do not surrender. This tactic, called "Nohal Sir Lachatz" נוהל סיר לחץ "Pressure Pot", is now used whenever feasible (i.e., non multi-rise building that's separated from other houses). In some heavy fighting incidents, especially in the 2002 Battle of Jenin
Battle of Jenin
The Battle of Jenin took place in the Jenin refugee camp in the West Bank. Israel Defense Forces entered the camp, and other areas under the administration of the Palestinian Authority, during the Second Intifada, as part of Operation Defensive Shield...
and Operation Rainbow
Operation Rainbow
Operation Rainbow is a controversial military operation which began on May 18, 2004 and ended on May 23, 2004 in Rafah , the Gaza Strip...
in Rafah
Rafah
Rafah , also known as Rafiah, is a Palestinian city in the southern Gaza Strip. Located south of Gaza, Rafah's population of 71,003 is overwhelmingly made up of Palestinian refugees. Rafah camp and Tall as-Sultan form separate localities. Rafah is the district capital of the Rafah Governorate...
2004, heavily-armored
Vehicle armour
Military vehicles are commonly armoured to withstand the impact of shrapnel, bullets, missiles, or shells, protecting the personnel inside from enemy fire. Such vehicles include tanks, aircraft, and ships....
IDF Caterpillar D9
IDF Caterpillar D9
The Israeli Armored CAT D9 — nicknamed Doobi — is a Caterpillar D9 armored bulldozer that was modified by the Israel Defence Forces, Israeli Military Industries and Israel Aerospace Industries to increase the survivability of the armored bulldozer in hostile environments and enable it...
bulldozers were used to demolish houses to widen alleyways or to secure locations for IDF troops.
House demolitions are usually done without prior warning and often during the night. The home's inhabitants are given little time to evacuate - usually between a few minutes to half an hour.
In February 2005, the Ministry of Defense (Israel)
Ministry of Defense (Israel)
The Ministry of Defence of the government of Israel, is the governmental department responsible for defending the State of Israel from internal and external military threats...
ordered an end to the demolition of houses for the purpose of punishing the families of suicide bombers unless there is "an extreme change in circumstances". However, house demolitions continue for other reasons. In 2010 (to 9 Nov) 315 Palestinian-owned structures have been demolished in East Jerusalem and Area C (including 17 structures demolished by their owners following demolition orders). 402 people have been displaced and about 1,296 people have been otherwise affected. http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/101118w0001.htm#10111866000542
In 2009, after a string of fatal attacks by Palestinian against Israelis in Jerusalem, the Israeli High Court of Justice ruled in favor of the Israeli Defense Forces to seal with cement the family homes of Palestinian terrorists as a deterrent against terrorism. http://www.haaretz.com/news/court-orders-home-of-jerusalem-yeshiva-terrorist-sealed-off-1.267483
Criticism and responses
The effectiveness of house demolitions as a deterrence has been questioned. In 2005 an Israeli Army commission to study house demolitions found no proof of effective deterrence and concluded that the damage caused by the demolitions overrides its effectiveness. As a result, the IDF approved the commission's recommendations to end punitive demolitions of Palestinian houses.A number of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
organizations, including Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
and the Israeli Committee Against House Demolitions
Israeli Committee Against House Demolitions
The Israeli Committee Against House Demolitions is an Israeli peace and human rights organization dedicated to ending the occupation of the Palestinian territories and achieving a just peace between Israelis and Palestinians...
, oppose the practice. Human Rights Watch has argued that the practice violates international laws against collective punishment
Collective punishment
Collective punishment is the punishment of a group of people as a result of the behavior of one or more other individuals or groups. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions...
, the destruction of private property
Private property
Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...
, and the use of force against civilians.
Israeli historian Yaacov Lozowick
Yaacov Lozowick
Yaacov Lozowick , is a German-born Israeli historian and writer. He was the director of the archives at Yad Vashem.-Biography:Yaakov Lozowick was born in 1957 in Bad Kreuznach, Germany. In 1980, he gained qualifications as a tourist guide. In 1982, he graduated with a bachelor's degree in history...
, however, implied that there is a moral basis for demolishing the houses of families of suicide bombers, stating:
"Demolishing the homes of civilians merely because a family member has committed a crime is immoral. If, however,... potential suicide murderers... will refrain from killing out of fear that their mothers will become homeless, it would be immoral to leave the Palestinian mothers untouched in their homes while Israeli children die on their school buses."
In May 2004, The Israeli Foreign Ministry publicly stated:
"...other means employed by Israel against terrorists is the demolition of homes of those who have carried out suicide attacks or other grave attacks, or those who are responsible for sending suicide bombers on their deadly missions. Israel has few available and effective means in its war against terrorism. This measure is employed to provide effective deterrence of the perpetrators and their dispatchers, not as a punitive measure. This practice has been reviewed and upheld by the High Court of Justice"
US Secretary of State Hillary Clinton criticised the Israeli government's plans to demolish Palestinian homes in East Jerusalem calling the action a violation of international obligations.
Recent conflicts
House demolition has been used in an on-again-off-again fashion by the Israeli government during the Second Intifada. More than 3,000 homes have been destroyed in this way. House demolition was used to destroy the family homes of Saleh Abdel Rahim al-Souwi, perpetrator of the Tel Aviv bus 5 massacre, and Yahya AyyashYahya Ayyash
Yahya Abd-al-Latif Ayyash was the chief bombmaker of Hamas and the leader of the West Bank battalion of the Izz ad-Din al-Qassam Brigades...
, Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
's chief bomb maker, known as "the engineer", as well as the perpetrators of the First and second Jerusalem bus 18 massacres, and the Ashqelon bus station bombing.
According to the Israeli human rights organization B'Tselem
B'Tselem
B'Tselem is an Israeli non-governmental organization . It calls itself "The Israeli Information Center for Human Rights in the Occupied Territories"...
:
- From October 2001 to December 2005, Israel has demolished 668 homes as punishment, leaving 4,182 people homeless.
- Israel has demolished 1,746 homes for alleged military purposes since B'Teselem started keeping statistics in this category in 2004.
- According to the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, about 1,500 homes were demolished by the IDF in the RafahRafahRafah , also known as Rafiah, is a Palestinian city in the southern Gaza Strip. Located south of Gaza, Rafah's population of 71,003 is overwhelmingly made up of Palestinian refugees. Rafah camp and Tall as-Sultan form separate localities. Rafah is the district capital of the Rafah Governorate...
area in the period 2000–2004.
In November 2008 B'Tselem
B'Tselem
B'Tselem is an Israeli non-governmental organization . It calls itself "The Israeli Information Center for Human Rights in the Occupied Territories"...
filmed an armed Israeli Policeman wearing a riot helmet headbutt a Palestinian women. The confrontation occurred during a protest, after the Jerusalem municipality destroyed two houses because it said they were built without permission.
As a regulatory measure
Some house demolitions are allegedly performed because the houses may have been built without permits, or are in violation of various building codes, ordinances or regulations. Some International human rights groups and community figures claim that Israeli authorities are in fact systematically denying building permit requests in Arab areas as a means of appropriating land. This is disputed by Israeli sources, who claim that both Arabs and Jews enjoy a similar rate of application approvals.According to Amnesty International, "The destruction of Palestinian homes, agricultural land and other property in the Occupied Territories, including East Jerusalem, is inextricably linked with Israel’s long-standing policy of appropriating as much as possible of the land it occupies, notably by establishing Israeli settlements." In October 1999, during the "Peace Process" and before the start of the Al Aqsa Intefada, Amnesty International wrote that: "well over one third of the Palestinian population of East Jerusalem live under threat of having their house demolished. ... Threatened houses exist in almost every street and it is probable that the great majority of Palestinians live in or next to a house due for demolition."
"House demolitions ostensibly occur because the homes are built 'illegally' - i.e. without a permit. Officials and spokespersons of the Israeli government have consistently maintained that the demolition of Palestinian houses is based on planning considerations and is carried out according to the law. ... But the Israeli policy has been based on discrimination. Palestinians are targeted for no other reasons than that they are Palestinians. ... [Israel has] discriminated in the application of the law, strictly enforcing planning prohibitions where Palestinian houses are built and freely allowing amendments to the plans to promote development where Israelis are setting up settlements."
Dr. Meir Margalit
Meir Margalit
Dr. Meir Margalit, PhD, is a researcher of the history of the Jewish community in Palestine during period of the British mandate and a founder of the Israeli Committee Against House Demolitions....
of Israeli Committee Against House Demolitions
Israeli Committee Against House Demolitions
The Israeli Committee Against House Demolitions is an Israeli peace and human rights organization dedicated to ending the occupation of the Palestinian territories and achieving a just peace between Israelis and Palestinians...
writes:
"The thinking is that a national threat calls for a national response, invariably aggressive. Accordingly, a Jewish house without a permit is an urban problem; but a Palestinian home without a permit is a strategic threat. A Jew building without a permit is ‘cocking a snook at the law’; a Palestinian doing the same is defying Jewish sovereignty over Jerusalem."
Current demolition crises
The Palestinian village AqabahAqabah
Aqabah is a Palestinian village in the northeastern West Bank, which is being targeted for demolition by the Israeli Civil Administration...
, located in the northeastern West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
, is currently being threatened by demolition orders issued by the Israeli Civil Administration against the entire village. The Civil Administration had previously expropriated large areas of privately registered land in the village, and as of May 2008 it has threatened to demolish the following structures: the mosque, the British government-funded medical clinic, the internationally-funded kindergarten, the Rural Women's Association building, the roads, the water tank, and nearly all private homes. According to the Rebuilding Alliance, a California-based organization that opposes house demolitions, Haj Sami Sadek, the mayor of the village, has circulated an open letter asking for assistance. Gush Shalom
Gush Shalom
Gush Shalom is an Israeli peace activism group founded and led by former Irgun and Knesset Member and journalist, Uri Avnery, in 1993...
, the Israeli Peace Bloc, and the Israeli Committee Against House Demolitions
Israeli Committee Against House Demolitions
The Israeli Committee Against House Demolitions is an Israeli peace and human rights organization dedicated to ending the occupation of the Palestinian territories and achieving a just peace between Israelis and Palestinians...
are said to be supporting the campaign.
In May 2008, a UN agency said that thousands of Palestinians in the occupied West Bank risk being displaced as the Israeli authorities threaten to tear down their homes and in some cases entire communities. "To date, more than 3,000 Palestinian-owned structures in the West Bank have pending demolition orders, which can be immediately executed without prior warning," the UN Office for Coordination of Humanitarian Affairs said in a report.
Demolitions
Statistics have been compiled by ICAHD recording the number of demolitions of existing houses in the two parts of Jerusalem. According to ICAHD, there are many more building violations in the western (Jewish) parts of Jerusalem, but the great majority of actual demolitions are carried out in the eastern (Palestinian) parts. ICAHD statistics on house demolitions in Jerusalem were cited in the "2005 County Reports on Human Rights Practices" by the United States Department of StateUnited States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
. For 2004 and 2005 ICAHD's figures are as follows:
2004 | 2005 | |||
---|---|---|---|---|
West Jerusalem | East Jerusalem | West Jerusalem | East Jerusalem | |
Infractions | 5583 | 1386 | 5653 | 1272 |
Charges filed | 980 (18%) | 780 (56%) | 1529 (27%) | 857 (67%) |
Administrative demolishing orders | 50 | 216 | approximately 40 | approximately 80 |
Demolitions | 13 (0.2%) | 114 (8.2%) | 26 (0.45%) | 76 (5.97%) |
ICAHD's report further claims that building inspectors record only a small proportion of the infractions in West Jerusalem (usually illegal extensions or porches), and say that no entire residential building in the Western section has ever received demolition orders or been demolished. ICAHD claims that: "The Jerusalem Municipality expropriates land, prevents preparation of a town planning scheme for Palestinian neighborhoods, and refuses to grant building permits, causing a severe housing shortage, forcing residents to build without a permit, after which the Ministry of Interior and the Municipality demolish the houses, so the residents move into homes outside the city, and then the Ministry of Interior revokes their residency and banishes them from the city forever".
ICAHD's conclusions have been disputed by the Israeli Jerusalem Center for Public Affairs
Jerusalem Center for Public Affairs
The Jerusalem Center for Public Affairs is a public policy think tank devoted to research and analysis of critical issues facing the Middle East. The center is located in Jerusalem, Israel...
, who argue on their website that the larger number of Palestinian demolitions is simply because many more Palestinian homes have been built illegally. They claim to have "document[ed] a pattern of politically-motivated behavior and criminal profiteering that characterizes much of the construction in the Arab sector of the Holy City.".
----
Permits
According to statistics quoted by CAMERACommittee for Accuracy in Middle East Reporting in America
The Committee for Accuracy in Middle East Reporting in America is an American non-profit pro-Israel media watchdog group. The group says it was founded in 1982 "to respond to the Washington Post's coverage of Israel's Lebanon incursion", and to respond to what it considers the media's "general...
and FMEP
Foundation for Middle East Peace
The Foundation for Middle East Peace is an American nonprofit organization that promotes peace between Israel and Palestinians via the two-state solution. The organization was established in 1979 by Merle Thorpe, Jr. Ambassador Philip C. Wilcox, Jr...
, the number of permits requested and granted in the western parts of Jerusalem is far larger than the number granted in the eastern parts, but the percentages granted have been roughly similar:
2001 | 2003 | 2004 | 2005 | |||||
---|---|---|---|---|---|---|---|---|
West Jerusalem | East Jerusalem | West Jerusalem | East Jerusalem | West Jerusalem | East Jerusalem | West Jerusalem | East Jerusalem | |
Permits requested | 1519 | 219 | 1719 | 138 | 2079 | 224 | 2256 | 265 |
Permits approved | 1087 | 191 | 1425 | 118 | 1579 | 116 | 1717 | 135 |
Ratio | 72% | 87% | 83% | 85% | 76% | 52% | 76% | 53% |
Though the statistics do not show the nationality of the permit requestee nor the nationality of the land owner, CAMERA argues that these figures show that the denial of permits to Arabs and Jews is not based on the ethnicity of the applicant, but instead is generally meant to uphold Israeli master plans and building codes.
In contrast, Amnesty International highlight in these figures the small number of Palestinian permit requests (only about 10 percent of the Israeli requests), and argue that this is indicative of the tiny (and ever-shrinking) percentage of land that the Palestinians have available for their use because of the theft of their land. In 2008 Nicoletta Dimova wrote in the Palestine-Israel Journal
Palestine-Israel Journal
The Palestine–Israel Journal is an independent, non-profit, Jerusalem-based quarterly that aims to shed light on and analyze freely and critically, the complex issues dividing Israelis and Palestinians...
that "today, the city's Palestinians are only allowed to build on about 9% of the 17,600 acres of land comprising East Jerusalem", the remainder having been expropriated by Israeli authorities for use by Israeli settlers or as land where Israel currently permits no construction.
After territorial withdrawals
In recent years, the Israeli government has demolished thousands of houses or other residences, and other property belonging to Israeli settlers, when conceding some land and territory to the Palestinian Authority. The Israeli Ministry of Foreign Affairs has said that this is due to a request from the Palestinian authorities to replace single-family dwellings with apartment buildings, better suited to the needs of the local population.
Houses have also been demolished in Jewish outposts such as Amona.
In May 2010, it was reported that Hamas had demolished as many as 40 homes in the southern Gaza Strip. Then later planning to demolish a further 180 to erect a religious center
See also
- Disinvestment from IsraelDisinvestment from IsraelDisinvestment from Israel is a campaign conducted by religious and political entities which aims to use disinvestment to pressure the government of Israel to put "an end to the Israeli occupation of Palestinian territories captured during the 1967 military campaign." The disinvestment campaign is...
- Jeff HalperJeff HalperJeff Halper is an anthropologist, author, lecturer, political activist, and co-founder and Coordinator of the Israeli Committee Against House Demolitions...
- Rachel CorrieRachel CorrieRachel Aliene Corrie was an American member of the International Solidarity Movement . She was killed in the Gaza Strip by an Israel Defence Forces bulldozer when she was standing or kneeling in front of a local Palestinian's home, thus acting as a human shield, attempting to prevent the IDF from...
, US citizen was killed in 2003 protesting the use of bulldozers to destroy Palestinian houses.