[News] Amnesty International: Under the rubble

[News at freedomarchives.org]

AI INDEX: MDE 15/040/2004     18 May 2004
summary: http://web.amnesty.org/library/index/engmde150402004
complete report: http://web.amnesty.org/library/index/engmde150332004


Israel and the Occupied Territories
Under the rubble: House demolition and destruction of land and property. 
Executive Summary

INTRODUCTION

More than 3,000 homes, vast areas of agricultural land and hundreds of 
other properties have been destroyed by the Israeli army and security 
forces in Israel and the Occupied Territories in the past three and a half 
years. Tens of thousands of men, women and children have been made homeless 
or have lost their livelihood. Thousands of other houses have been damaged, 
and tens of thousands of others are under threat of demolition, their 
occupants living in fear of homelessness. House demolitions are usually 
carried out without warning, often at night, and the occupants are forcibly 
evicted with no time to salvage their belongings. Often the only warning is 
the rumbling of the Israeli army's US-made Caterpillar bulldozers beginning 
to tear down the walls of their homes. The victims are often amongst the 
poorest and most disadvantaged. In most cases the justification given by 
the Israeli authorities for the destruction is "military/security needs", 
while in other cases it is the lack of building permits. The result is the 
same: families are left homeless and destitute, forced to rely on 
relatives, friends and humanitarian organizations for shelter and subsistence.

House demolition has been a long-standing policy in the Occupied 
Territories and in the Arab sector in Israel. However, in the past three 
and a half years the scale of the destruction has reached an unprecedented 
level. The destruction of Palestinian homes, agricultural land and other 
property in the Occupied Territories, is inextricably linked to Israel's 
long-standing policy of appropriating as much as possible of the land it 
occupies, notably by establishing Israeli settlements in violation of 
international law. In Israel it is essentially the homes of Palestinian 
citizens of Israel (Israeli Arabs) which are targeted for demolition. The 
phenomenon is linked to the state's policy of large-scale confiscation of 
land, restrictive planning regulations and discriminatory policies in the 
allocation of state land which makes it difficult or impossible for Israeli 
Arabs to obtain building permits.

This document summarizes a 65-page report: Israel and the Occupied 
Territories: Under the rubble: House demolition and destruction of land and 
property (AI Index: MDE/15/033/2004, May 2004), which analyses the main 
patterns and trends of forced eviction, house demolition and destruction of 
property by the Israeli army and security forces in Israel and the Occupied 
Territories in the light of international human rights and humanitarian law

PATTERNS AND IMPACT OF PROPERTY DESTRUCTION

The destruction of houses, land and other properties falls into two 
categories: houses built without a permit and houses, land and other 
properties which the Israeli authorities contend are destroyed for 
"military/security needs":

1 - Unlicensed houses: In the Arab sector in Israel demolition of houses 
for lack of building permits is a recurrent phenomenon, whereas house 
demolition in the Jewish sector is virtually unheard of. In the Occupied 
Territories it is also invariably Palestinian homes which are destroyed, 
while illegal Jewish settlements continue to be expanded.

2 - "Military/security needs": Most of the destruction in the Occupied 
Territories falls under this category. The scale of the destruction is 
massive, including more than 3,000 homes, large areas of cultivated land, 
hundreds of shops, workshops, factories and public buildings. Tens of 
thousands of other homes and properties have been damaged, many beyond 
repair. The Israeli army's criteria to define "military/security needs" are 
extremely broad. This category can be divided into four, at times 
overlapping, sub-categories:

A. Punitive demolitions of houses belonging to families of Palestinians 
known or suspected of involvement in suicide bombings and other attacks 
against Israeli civilians and soldiers have become routine, frequently 
resulting in neighbouring houses also being destroyed or damaged.

B. Houses, land, and other properties which the Israeli authorities claim 
it is necessary to destroy for "security needs", notably to build or expand 
roads or other infrastructure for the benefit or protection of Israeli 
settlers or soldiers.

C. The destruction of houses, land and other properties which the Israeli 
authorities contend were used or could be used by Palestinian armed groups 
to shoot or launch attacks against Israelis. This category, which the 
authorities often refer to as "preventive", is extremely broad and such 
demolitions are often also manifestly carried out in retaliation for 
Palestinian attacks and as a form of collective punishment on the 
inhabitants of the area. In some cases the destruction also serves the 
purpose of removing Palestinians from areas where Israel has a particular 
interest in seizing or consolidating control of the land and/or benefit 
Israeli settlements.

D. Properties which the Israeli army contends were destroyed in the course 
of combat activities.

Impact on the economic situation: In addition to the demolition of 
thousands of homes, the extensive destruction of agricultural land will 
continue to have severe repercussion on the Palestinian economy for many 
years to come. Agriculture was a major sector of the Palestinian economy, 
especially since most Palestinians who used to work in Israel have no 
longer been permitted to do so in recent years. The land on which trees and 
crops stood is now mostly inaccessible to Palestinian farmers. Even if 
Palestinians were allowed to resume farming the land which has been 
destroyed in recent years, it would take a long time and considerable 
resources for it to become productive again.

Impact on women: Families whose homes have been demolished often cannot 
afford a new home and have to rely on relatives or friends for shelter. 
Most Palestinian women do not work outside the home, which is their primary 
responsibility and the space which they feel is their own. Hence, they are 
more affected by the discomfort of living in someone else's space, where 
they can no longer take responsibility for the administration of the family 
space and activities.

"Women suffer immensely from forced eviction...Domestic violence is higher 
in the precarious and often stressful situation of inadequate housing, 
especially before and during a forced eviction." Centre on Housing Rights 
and Evictions to the UN Commission on Human Rights, March 2003

The loss of privacy and space often causes increased tensions between 
family members, including an increase in domestic violence. In these 
circumstances women are less inclined to complain and seek redress because 
in the face of the loss of the family home their grievances may not be seen 
as a priority, and because the additional practical and financial 
difficulties caused by the destruction of their home make it more difficult 
to find a solution to their individual problem.

DESTRUCTION FOR "MILITARY/SECURITY NEEDS"

Punitive house demolition: The Israeli army has destroyed close to 500 
homes of families of Palestinians known or suspected of involvement in 
suicide bombings or other attacks against Israeli civilians or soldiers 
since 2001, when Israel officially resumed punitive demolitions.(1) These 
houses are usually blown up, whereas for other types of demolitions the 
army generally uses bulldozers. The powerful explosive charges used by the 
army frequently result in nearby houses also being destroyed or seriously 
damaged in the process.

Noha Maqadmeh, a mother of 10 and nine months pregnant, was killed in her 
bed by the collapsing walls of her home in central Gaza Strip when the 
Israeli army blew up an adjacent house. Her husband and most of her 
children were injured and six other nearby houses were destroyed by the 
blast, leaving some 90 people homeless. Her husband told Amnesty 
International: "We were in bed, the children were asleep; the bedroom was 
the most sheltered room, at the back of the house... There was an explosion 
and walls collapsed on top of us. I pulled myself from under the rubble... 
I started to dig in the rubble with my hands; first I found my two little 
boys and my three-year-old girl. ... one by one we found the other children 
but my wife remained trapped under the rubble with our youngest daughter, 
who is two; she was holding her when the wall fell on her..."

The Israeli authorities claim that these demolitions are not intended as 
punishment, but rather to "deter" Palestinians from getting involved in 
attacks. Israel has never destroyed the homes of Israeli Jews who committed 
serious attacks, such as the murder of Prime Minister Rabin, or bomb 
attacks against Palestinians or Israeli Arabs. These punitive forced 
evictions and house demolitions are a flagrant form of collective 
punishment and violate a fundamental principle of international law, which 
stipulates that collective punishment is never permissible under any 
circumstances.

"Preventive" and "security" destruction: House demolition has been most 
extensive in the Gaza Strip, one of the most densely populated areas in the 
world. Since October 2000, close to 3,000 homes have been destroyed, most 
of them homes of refugees. According to the United Nations Relief and Works 
Agency (UNRWA) between October 2000 and October 2003, more than 2,150 homes 
were destroyed and more than 16,000 were damaged in the Gaza Strip. In the 
same period 600 other homes were destroyed in the West Bank. Much of the 
destruction has targeted the refugee camp in Rafah, in southern Gaza, where 
close to 1,000 homes have been destroyed and hundreds of others partially 
destroyed or seriously damaged.

 From 10 to 13 October 2003, the Israeli army destroyed some 130 houses and 
damaged scores of others in Rafah refugee camp and nearby areas, making 
more than 1,200 Palestinians homeless, mostly children. The army stated 
that it had uncovered three tunnels used by Palestinians to smuggle weapons 
from Egypt. Suha 'Abdallah, whose house was partially destroyed, told 
Amnesty International: "There was no tunnel or anything in our home, anyone 
can come and see for themselves; part of the house is still standing but it 
is not safe anymore. ... now what are we to do? Destroy the rest of the 
house ourselves so that it does not fall on anyone".

In the preceding six weeks some 50 other houses were also demolished in 
Rafah, leaving hundreds more Palestinians homeless.

"You have a very striking picture of people fleeing. But fleeing to where? 
If you're in Rafah, you can't go south because there is a border, you can't 
go west because there is an ocean, and you can't go north and you can't go 
east because there is nowhere to go. You can't get out of Gaza.". Peter 
Hansen, UNRWA Commissioner-General in October 2003.

Until the autumn of 2000 the first rows of houses in the refugee camp stood 
only meters from the border with Egypt. Row after row of houses have since 
been destroyed, up to 300 meters, contrary to claims by the Israeli 
authorities that only houses used by Palestinians in attacks were targeted. 
Already from the end of 2000 Palestinians living in the refugee camp told 
Amnesty International that Israeli soldiers had told them that many rows of 
houses would be destroyed. Statements by Israeli officials indicate that 
this was indeed the intention. Major-General Yom Tov Samiah, the then 
Commander of Israeli army Southern Command, in the wake of the destruction 
of some 60 Palestinian homes in Rafah refugee camp on 9 and 10 January 
2002, told Israeli Radio: "These houses should have been demolished and 
evacuated a long time ago...Three hundred meters of the Strip along the two 
sides of the border must be evacuated... Three hundred meters, no matter 
how many houses, period."(2)

The Israeli army also destroyed hundreds of non-refugee homes and other 
properties and vast areas of cultivated land throughout the Gaza Strip. 
More than 10% of Gaza's agricultural land has been destroyed in the past 
three and a half years. According to the UN Office for the Coordinator of 
Humanitarian Affairs (OCHA) more than 1,800 acres of agricultural land were 
destroyed and more than 226,000 trees were uprooted in the Gaza Strip in 
2002 and 2003 alone.(3) Agricultural infrastructure, including hundreds of 
wells and water storage pools and water pumps which provided water for 
drinking, irrigation and other needs for thousands of people, have been 
destroyed along with tens of kilometers of irrigation networks.

The case of the Bashir family illustrates many of the patterns of forced 
eviction, house demolition and destruction and expropriation of land 
described in this report. Khalil Bashir, a school principal, his wife 
Souad, their six children and his elderly mother, have long been under 
pressure from the Israeli army to leave their home and their land, in the 
village of Deir al-Balah, in the Gaza Strip, near the Israeli settlement of 
Kfar Darom. Since October 2000 the Israeli army has destroyed the nearby 
houses of Bashir's brother and parents and most of their cultivated land 
around the house, and has taken over the top floor of the Bashirs' house 
and turned it into an army base, confining the family to the ground floor, 
frequently harassing and ill-treating the family and pressuring them to 
leave the house. Israeli soldiers shot and injured Khalil Bashir and two of 
his children in or around the house. In the last incident in February 2004, 
15-year-old Yusuf Bashir was shot in the back and seriously injured by 
Israeli soldiers as he was outside his home with his father and UN staff 
members who had visited the house.

"...The home should be the safest place but for our family it is not; yet 
it is our home and we should not be forced to leave it. No one should be 
forced out of their home, and we won't leave our house..". (Khalil Bashir's 
daughter, Amira, to Amnesty International)

In the West Bank large scale destruction of houses and other properties 
began in early 2002, with a series of prolonged Israeli army incursions 
which left a trail of destruction in every refugee camp and town raided. 
Army tanks rolled over parked cars, broke down walls and house fronts and 
smashed electricity poles and water mains.

Forty-year-old Nabila al-Shu'bi, who was seven months pregnant, her three 
young children, her husband, two of her sisters-in-law and her 
father-in-law, were left to die under the rubble of their home, when it was 
demolished by Israeli army bulldozers on 6 April 2002 in Nablus. The 
Israeli army kept the area under strict curfew for days, denying access to 
rescue workers, and it was not until a week later that their bodies were 
found under the rubble of the house by relatives. Nabila's elderly aunt and 
uncle survived, trapped under the rubble for a whole week.....

The largest single wave of destruction carried out by the Israeli army was 
in Jenin refugee camp in April 2002. The army completely destroyed the 
al-Hawashin quarter and partially destroyed two additional quarters of the 
refugee camp, leaving more than 800 families, totaling some 4000 people, 
homeless.(4) Aerial photographs and other evidence show that much of the 
house destruction was carried out after clashes between Israeli soldiers 
and Palestinian gunmen had ended and Palestinian gunmen had been arrested 
or had surrendered.(5) Since then Israeli army raids and destruction of 
homes and properties throughout the West Bank have continued.

On the morning of 5 September 2003 Israeli soldiers blew up a seven storey 
building in Nablus in which eight families lived, including 31 children. 
Ibtisam, a teacher and mother of four, told Amnesty International: At about 
9-9.30 pm Israeli soldiers called on all of us living in the building to 
get out...we scrambled to get the children from their bed and get out. It 
was a panic; I didn't have time to take milk or anything for my baby.... 
The soldiers took us all to the school across the road, blew up the door to 
get it open and put us all inside... We were kept there all night, with no 
food, water, nothing... There was a lot of shooting... Then suddenly the 
soldiers blew up the building, without allowing us to go in to get 
anything. We were left with nothing, in our pajamas.....everything got 
buried in the rubble.

Five days later, on 10 September, an eight-storey apartment building was 
similarly blown up by the Israeli army in Hebron, making 68 people, 53 of 
them women and children, homeless.

Destruction of "temporarily" confiscated land: The Israeli army continues 
to seize and destroy land throughout the West Bank and Gaza Strip for 
"military/security needs".

In January 2004, the Israeli army issued 12 "temporary" seizure orders for 
tracts of land near Israeli settlements in the Gaza Strip. The order 
states: Notice is hereby given that on ___ __ the Commander of the Israel 
Defense Forces in the Gaza region, in wake of the special circumstances 
which exist in the region, and for imperative military needs, has ordered 
that the land marked on the map appended to the order regarding seizure of 
land (2004-2) (Kfar Darom security fence) (Gaza region) shall be seized for 
the construction of security components.....

On paper the land is not confiscated but only "temporarily" seized by the 
Israeli army for unspecified "military/security needs" for a set period 
only. However, "temporary" land seizure orders can be extended indefinitely 
and in the overwhelming majority of cases the land has never been returned 
to its owners. Land "temporarily" seized has been routinely used to expand 
and build Israeli settlements, roads for settlers and related 
infrastructure and, more recently, to make way for the fence/wall which 
Israel is building through the West Bank.(6)

The fence/wall: According to the Israeli authorities the fence/wall is 
intended to prevent entry into Israel to Palestinian suicide bombers and 
other potential attackers. However, the fence/wall is not being built 
between Israel and the Occupied Territories but mostly (close to 90%) 
inside the West Bank, cutting off communities and families from each other, 
separating Palestinians from their land, work, education and health care 
facilities and other essential services. This, in order to facilitate 
passage between Israel and more than 50 illegal Israeli settlements located 
in the West Bank. The route of the fence/wall inside the West Bank is 
purportedly aimed at protecting unlawful Israeli settlements and results in 
unlawful destruction and appropriation of Palestinian property and other 
human rights violations. "Military/security needs" cannot be invoked to 
justify measures that benefit unlawful Israeli settlements at the expense 
of the occupied Palestinian population. In its present configuration, the 
fence/wall violates Israel's obligations under international law.

The failure of the Israeli Supreme Court: Most cases of house demolition 
and destruction of land and properties are not subject to legal supervision 
or appeal. In 2002 the Supreme Court ruled that in cases of demolitions for 
"military/security needs" those affected must be allowed to appeal unless 
doing so would "endanger the lives of Israelis or if there are combat 
activities in the vicinity." However, the Court subsequently ruled that 
advance notice did not need to be given if it would hinder the success of 
the demolition, a virtual green light for demolitions to be carried out 
without the possibility of appeal. This is what happens in most cases.

In cases of advance notification of intended destruction where the owners 
of the targeted properties have appealed, the Israeli Supreme Court has 
usually accepted the Israeli army's assessment of what constitutes 
"military/security needs", and has permitted the demolitions. Amnesty 
International believes that the Israeli Supreme Court has too readily 
accepted the Israeli army's overly broad definition of "military necessity" 
and that by endorsing this interpretation, the Supreme Court has failed to 
protect Palestinians in the Occupied Territories from arbitrary destruction 
of their homes and property and from forced evictions.

DEMOLITIONS OF UNLICENSED HOUSES: DISCRIMINATION IN PLANNING POLICIES AND 
ENFORCEMENT MEASURES

"We have to begin to educate the Arab public to build high... There is no 
reason that everyone in the Arab sector should live in houses" Israeli 
Interior Minister Abraham Poraz, 21 January 2004.

At the root of the problem of demolition of unlicensed houses in the Arab 
sector in Israel and in parts of the Occupied Territories lie Israel's land 
and planning policies and the manner in which they are enforced. These 
policies have been characterized by discrimination against Israeli Arabs 
and Palestinians both in the use of state land, including land previously 
expropriated from Palestinians, and in the manner in which plans are drawn 
up for the use of privately owned land, as well as in the enforcement of 
planning and building regulations.

The expropriation/confiscation of large areas of Palestinian land has 
significantly diminished the reserves of available land on which 
Palestinians and Israeli Arabs can build to accommodate the natural growth 
of their communities. Planning and building regulations in these areas 
further restrict the amount of privately owned land on which Israeli Arabs 
and Palestinians can build.

The home of Salim and 'Arabia Shawamreh has been demolished four times 
between July 1998 and April 2003. The house has since been rebuilt with the 
help of volunteers as a peace centre but is again under threat of 
demolition. Salim, 'Arabia and their seven children lived in the 
overcrowded Shu'fat refugee camp in Jerusalem. They eventually bought a 
plot of land in the nearby village of 'Anata. After having spent more than 
four years and a lot of money trying to obtain a permit, they lost hope and 
built their home without a permit. They told Amnesty International: The 
authorities gave us different justifications for refusing us the building 
permit....Each time we succeeded to challenge or disprove the reason they 
had given us for the refusal, our application was rejected on different 
grounds. We spent thousands of dollars on this process. In the end we 
understood that it was hopeless and we built our home without a permit".

The Occupied Territories: Palestinians in the West Bank and Gaza Strip are 
barred from leasing or building on land which has been declared state land 
because state land is not for leasing or building on by "alien persons", 
and the entire Palestinian population of the Occupied Territories are 
defined as aliens by Israeli law. After it occupied the West Bank and Gaza 
Strip, Israel froze planning in Palestinian towns and villages. Planning 
schemes dating back several decades and no longer suitable to cater for the 
needs of a growing population were used as the basis for refusing building 
permits to Palestinians. At the same time, however, Israel developed 
comprehensive planning schemes for more than 150 Jewish settlements it 
established throughout the Occupied Territories in violation of 
international law.

Building restrictions in the Occupied Territories since the Oslo Accords

"Our policy is not to approve building in Area C" Israeli Army spokesperson 
to Amnesty International delegates in 1999.

"There are no more construction permits for Palestinians". Israeli army 
Legal Advisor Colonel Shlomo Politus, to the Israeli Parliament on 13 July 
2003.

Under the Oslo Accords 60% of the West Bank was classified as Area C, where 
Israel retained responsibility for civil affairs. As a result Palestinians 
have continued to be prevented from building in most of the West Bank. In 
the past three years the Israeli army has demolished some 500 Palestinian 
houses in Area C on the grounds that they were built without permit. At the 
same time Israel dramatically accelerated the establishment and expansion 
of illegal settlements in Area C and around East Jerusalem and has built an 
extensive network of roads throughout the Occupied Territories to connect 
these settlements to each other and to Israel. In the seven years of the 
Oslo peace process, from 1993 to 2000, the number of Israeli settlers in 
the West Bank and Gaza Strip increased by more than 50%. The expansion of 
Israeli settlements in these areas continues. According to the Israeli 
Central Bureau of Statistics, in 2003 housing construction increased by 35% 
in the settlements in the Occupied Territories.

On 21 August 2003, on the morning of his wedding, As'ad Mu'yin had his 
house demolished; the house of his cousin Ziad As'ad, who had married a 
week earlier, was demolished at the same time. The two adjacent houses were 
in the West Bank town of Nazla 'Issa. As'ad Mu'yin had been living on the 
ground floor of the house with his parents and three brothers and had 
furnished and prepared the second floor to move in with his wife. The house 
was demolished before he could do so. The new furniture and the wedding 
gifts disappeared under the rubble, along with the content of the family 
home on the ground floor. He told Amnesty International: "The army came 
early in the morning, at about 7am. I was getting ready for the wedding, 
for a very happy day. They had bulldozers ...they gave us 15 minutes to 
leave the house. We had no time to salvage anything. They said that we did 
not have building permits.... But everyone knows that Israel does not give 
building permits to Palestinians in Area C."

Israel: Since the establishment of the state of Israel more than 700 Jewish 
towns and villages have been established but not a single Arab one. Dozens 
of Arab villages which existed prior to the establishment of the state were 
subsequently re-classified as non-residential areas. Some 93% of the land 
in Israel is state land, but some of it is administered through the Jewish 
National Fund, the Jewish Agency or other bodies which do not lease land to 
non Jews. These concerns have been recognized by the Or Commission, an 
official body, in 2003.(7)

Excerpts from the Or Commission report (September 2003) 36) In the first 50 
years of the state's existence the Arab population has grown seven-fold but 
the amount of land allocated for housing construction has remained almost 
unchanged. Thus the population density in the Arab sector grew considerably 
...new localities were not established...land was not usually allocated for 
building in the Arab sector. Residents of the Arab sector who wish to build 
on land which they own but which is under the jurisdiction of neighbouring 
Jewish local authorities were blocked by the regulation of these 
authorities. 37) A major obstacle facing construction for housing purposes 
in the Arab sector has been the lack of outline and master plans. ... in 
the Arab sector there were unreasonable delays. Added to that was the 
problem of the lack of effective representation of the Arab sector in 
planning and building committees. ...local commissions were not established 
in Arab localities and these localities were placed under the jurisdiction 
of commissions managed by Jews. ...the decisions regarding the developments 
of the Arab sector have not been sensitive enough to the needs of the Arab 
population.... by the end of the century half of the Arab localities still 
did not have approved master plans ...in large parts of the areas of 
jurisdiction (of the Arab localities) private land owners could not build 
houses legally. A widespread phenomenon of unlicensed buildings ... partly 
stems from the inability to obtain building permits..... Demolition orders 
were issued for houses of Arabs... It has been claimed that behind the 
legal situation ...a situation of double standards has been created towards 
the Arab citizens.

The unrecognized Bedouin villages in the Negev region: Some 60,000-70,000 
Bedouins live in some 45 "unrecognized villages" in the Negev, Israel's 
southern region. Although the Bedouins have lived in the Negev for 
generations their villages have never been recognized by the authorities 
and the inhabitants are not allowed to build houses or to farm the land, 
and live in constant fear of forcible eviction and house demolition. In the 
past two years alone the security forces have demolished scores of homes in 
these villages and have destroyed the Bedouins' crops by helicopter 
spraying on several occasions. No warning was given before spraying the 
area and several people were taken ill as a result.

Since more permanent constructions in the unrecognized Bedouin villages are 
more likely to be destroyed, many Bedouins are forced to live in shed-like 
homes, which offer little protection against the extreme desert climate. 
Even so, most of their homes and animal sheds are under the threat of 
demolition. The ILA puts the number of unlicensed (and thus liable to 
demolition) structures in these villages at 60,000, of which 25,000 are 
houses, and the Israeli Interior Ministry gives a figure of 30,000.(8)

On 4 August 2003 Israeli security forces demolished 10 homes in Sa'wa, one 
of the unrecognized Bedouin villages, including the home of 'Ali and Sara 
Abu Sbeit and their six young children. 'Ali Abu Sbeit told Amnesty 
International: "The police and border guards came at about 7am. We were 
still asleep.. they had bulldozers. They tied my hands behind my back and 
took me, my wife and the children out. They did not allow us time to take 
anything out of the house. ... Since our home was destroyed we have been 
staying with our relatives, but not all together because there are a lot of 
us. ...This is the second time that my home has been demolished. The first 
time was in 1997 and I had to demolish the house myself; or else the 
authorities were going to make me pay the cost of the demolition...after I 
lived with my mother for three years, but now there isn't space for all of 
us there. Then in 1999 I built this home, and now we are homeless again".

The authorities have been putting pressure on the Bedouins living in the 
unrecognized villages to sign agreements renouncing their claims to this 
land and move to urbanized townships planned for them by the authorities. 
In past decades about half of the Bedouin population has given in to 
government pressures and moved to five townships lacking in infrastructure 
and job opportunities, which were set up by the Israeli authorities 
especially for the Bedouins. These Bedouin townships remain amongst the 
poorest localities in the country and have high rates of unemployment and 
crime. The 60-70,000 Bedouins who still live in the unrecognized villages 
have resisted the government's pressures to give up their land and 
traditional lifestyle of farming and animal-grazing and to move to such 
townships. While stepping up efforts to concentrate the Bedouin population 
into small townships with little or no employment or development prospects, 
the authorities have encouraged and sponsored the establishment of new 
Jewish villages and single family farms in the region.

APPLICABLE INTERNATIONAL LEGAL STANDARDS

Both in Israel and in the Occupied Territories, Israel is bound by 
international human rights law, including the international human rights 
treaties to which Israel is a State Party, including the International 
Covenant on Economic, Social and Cultural Rights (ICESCR), the 
International Covenant on Civil and Political Rights (ICCPR) and the 
International Convention on the Elimination of All Forms of Racial 
Discrimination (ICERD). In the Occupied Territories, in addition to 
international human rights law, Israel's conduct as the occupying power 
must also comply with the provisions of international humanitarian law 
applicable to belligerent occupation, including the Fourth Geneva 
Convention relative to the Protection of Civilian Persons in Time of War of 
12 August 1949 (Fourth Geneva Convention).

Israel has consistently denied its obligation to apply the UN human rights 
treaties which it has ratified in the West Bank and Gaza Strip and has 
consistently rejected the applicability of the Fourth Geneva Convention. 
However, Israel stands alone in its contention. The applicability of both 
the Fourth Geneva Convention and international human rights treaties has 
been repeatedly reaffirmed by the relevant bodies and by the international 
community.

International human rights law

The right to housing: The right to housing is a basic right, which is a 
fundamental component of the right to an adequate standard of living and 
central to the enjoyment of other human rights, guaranteed by Article 11(1) 
of the ICESCR.

The right to housing encompasses the right to live somewhere in peace, 
security and dignity, as well as the right to adequate housing. The right 
to adequate housing not only includes adequate privacy, space, security, 
protection from the elements and threats to health, ventilation at a 
reasonable cost, but also, among other things, legal security of tenure 
-including protection against forced eviction, harassment and threats.

In May 2003 the UN Committee on Economic, Social and Cultural Rights 
(CESCR) expressed serious concerns about Israel's practices which violate 
the right to housing of Israeli Arabs, including Bedouins in Israel, and of 
Palestinians in the Occupied Territories.(9)

Discrimination: The fundamental duty of a State to guarantee rights without 
discrimination is enshrined in the international human rights treaties, 
including the ICCPR (Article 2(1) and Article 26) and the ICESCR (Article 
2(2)).

Article 5(e)(iii) of the ICERD forbids any discrimination in the exercise 
of the various rights, including the right to housing.

Israel's housing and land policies violate the right to non-discrimination 
of Israeli Arabs and of Palestinians. In March 1998 the UN Committee on the 
Elimination of Racial Discrimination (CERD) called "... for a halt to the 
demolition of Arab properties in East Jerusalem and for respect for 
property rights irrespective of the ethnic origin of the owner." and 
expressed concern "... about ethnic inequalities, particularly those 
centring upon what are known as "unrecognized" Arab villages [in Israel]." 
(10)

Forced eviction: Through forced eviction and the mass demolition of homes 
in the Occupied Territories and, to a lesser extent, Israel, the Israeli 
authorities have deliberately made tens of thousands of Palestinians and 
thousands of Israeli Arabs homeless just in the past few years.

Whether it justifies such action on grounds of "military/security needs" or 
whether such action is imposed as a form of collective punishment, or is 
carried out in enforcement of planning regulations, large-scale forced 
evictions are inconsistent with the realization of the right to adequate 
housing. The obligation of the state under international law is that it 
must refrain from forced evictions. The CESCR "... considers that instances 
of forced eviction are prima facie incompatible with the requirements of 
the Covenant and can only be justified in the most exceptional 
circumstances, and in accordance with the relevant principles of 
international law."(11)

International humanitarian law

Prohibition on destruction of property and disproportionate use of force: 
According to Article 53 of the Fourth Geneva Convention and Article 23(g) 
of the 1907 Hague Regulations Israel, as the Occupying Power, is forbidden 
from destroying the property of Palestinians in the West Bank and Gaza 
Strip, unless it is militarily necessary to do so. According to Article 147 
of the Fourth Geneva Convention, "extensive destruction and appropriation 
of property, not justified by military necessity and carried out unlawfully 
and wantonly" is a grave breach, and hence, a war crime.

Military necessity should not be interpreted in a broad and vague manner, 
which would undermine the fundamental norms of international human rights 
and humanitarian law. Measures intended to have long term preventative 
effects are thus not justifiable on the grounds of absolute military 
necessity. In the case of long-held occupied territory over which the 
occupying power exercises effective control, military necessity must be 
read extremely narrowly - in light of the concept of proportionality 
inherent in policing standards, rather than conduct of hostilities 
standards which should only apply in the course of actual armed conflict. 
Demolitions and evictions should never be anything but a last resort. In 
the past three and half years the Israeli army has carried out extensive 
destruction of homes and properties throughout the West Bank and Gaza which 
is not justified by military necessity. Some of these acts of destruction 
amount to grave breaches of the Fourth Geneva Convention and are war crimes.

Prohibition on collective punishment: The Fourth Geneva Convention 
specifically prohibits collective punishment. Its Article 33 stipulates: 
"No protected person may be punished for an offence he or she has not 
personally committed. Collective penalties and likewise all measures of 
intimidation or of terrorism are prohibited."

The prohibition on collective punishment is also a cardinal rule of human 
rights law. The recently accelerated Israeli practice of demolishing houses 
owned by relatives of suicide bombers or other Palestinian armed attackers 
is a blatant form of collective punishment. Collective penalties also 
include such measures as attacking an entire community in retaliation for 
acts committed by members of that community, or arbitrarily restricting the 
movement of an entire population.


MAIN RECOMMENDATIONS

TO THE ISRAELI AUTHORITIES:

· Punitive demolitions and the destruction of houses, land, and other 
properties without absolute military necessity as prescribed by 
international humanitarian law should stop immediately.
· The law must be amended in a manner so as to require that, except during 
the actual conduct of military operations or armed confrontations which 
make the destruction absolutely necessary, no demolition should be carried 
out without prior notification to the concerned parties, who should be 
given adequate time and opportunity to challenge before an independent and 
impartial court of law any demolition order.
· The creation and expansion of Israeli civilian settlements in the 
Occupied Territories and infrastructure to support them, including roads, 
must stop and Israel must cease and prohibit the destruction of houses, 
land or other properties for these purposes.
· Israel must stop construction of the wall/fence within the Occupied 
Territories, remove what has already been constructed within the Occupied 
Territories, restore seized property, and ensure reparation for land and 
property seized, confiscated or destroyed.
· A judicial commission of inquiry should be established to investigate all 
the cases of destruction, confiscation and damage to property carried out 
by the Israeli army in the Occupied Territories since October 2000, in 
order to establish the extent of the damage caused and the necessary 
reparation.
· Israel should invite the international community to deploy qualified and 
experienced observers in the Occupied Territories to monitor the conduct of 
the Israeli army, Palestinian armed groups and Palestinian security forces. 
Such independent, expert observers should report publicly on the conduct of 
all parties in light of international law, including in relation to 
destruction of and damage to property.
· All outstanding orders for forced evictions and demolitions of unlicensed 
houses should be cancelled and a moratorium should be placed on future 
forced evictions and demolitions until such time as the law is amended in a 
manner that complies with international standards.
· Laws and policies governing the zoning and allocation of land in Israel 
must be reviewed and provisions which are discriminatory must be repealed 
or amended.
· Legal recognition/status should be granted immediately to the 
unrecognized villages. Legal security of tenure should be afforded to the 
residents of these unrecognized villages and efforts to forcibly remove 
their inhabitants should be immediately halted.
· Effective redress and reparation should be granted to those whose homes 
have been demolished.
TO THE PALESTINIAN AUTHORITY (PA):

· The PA should take all possible measures to prevent attacks by 
Palestinian armed groups and individuals against Israeli civilians in the 
Occupied Territories and inside Israel.
· The PA should take all possible measures to ensure that Palestinian armed 
groups and individuals do not initiate armed confrontations from 
residential civilian areas.
· The PA should support the call on the international community to deploy 
qualified and experienced observers in the Occupied Territories to monitor 
the conduct of the Israeli army, Palestinian armed groups and Palestinian 
security forces.

TO THE INTERNATIONAL COMMUNITY:

· The International community and states parties to international human 
rights and humanitarian law treaties to which Israel is a party must take 
steps to ensure Israel's compliance with its obligations under 
international law.
· States, particularly the US, should stop the sale or transfer of weaponry 
and equipment that are used to commit unlawful destruction of homes and 
other serious violations of international human rights and humanitarian 
law, until they secure guarantees that Israeli forces will not use the 
equipment to commit violations.
TO CATERPILLAR Inc.

· Caterpillar Inc., the US company which produces the bulldozers used by 
the Israeli army, should take measures - within the company sphere of 
influence - to guarantee that its bulldozers are not used to commit human 
rights violations, including the destruction of homes, land and other 
properties.

BACKROUND
The human rights situation in Israel and the Occupied Territories has 
seriously deteriorated since October 2000. Since then violence and human 
right abuses have reached unprecedented levels. More than 2,500 
Palestinians, including some 450 children have been killed by the Israeli 
army. More than 900 Israelis, most of them civilians, including some 100 
children have been killed by Palestinian armed groups in suicide bombings 
and other attacks. Tens of thousands of Palestinians and thousands of 
Israeli civilians have been injured, many seriously.
In addition, the Israeli army has carried out large-scale destruction of 
Palestinian houses, land and other properties and has imposed increasingly 
stringent restrictions on the movement of Palestinians in the Occupied 
Territories. As a result the Palestinian economy has virtually collapsed, 
and unemployment and poverty have increased dramatically in the West Bank 
and Gaza. Two thirds of the Palestinian population now live below the 
poverty line and malnutrition and other medical conditions are spreading.
These and other concerns about the human rights situation in Israel and the 
Occupied Territories have been addressed by Amnesty International in 
numerous reports and other material (available on www.amnesty.org)

********

(1) This practice was used in previous decades but was suspended from 1997 
to 2001.

(2) Voice of Israel, 16 January 2002.

(3) Consolidated Appeal Process 2004 (CAP) on: 
<http://ochadms.unog.ch>http://ochadms.unog.ch

(4) Information supplied to Amnesty International by UNRWA on 13 June 2002.

(5) See: Amnesty International's report Israel and the Occupied 
Territories: Shielded from scrutiny: IDF violations in Jenin and Nablus, 4 
November 2002 (AI Index: MDE 15/143/2002).

(6) See Amnesty International's report Israel and the Occupied Territories: 
The place of the fence/wall in international law, 19 February 2004 (AI 
Index: MDE 15/016/2004).

(7) The Or Commission was set up by the Israeli authorities to investigate 
events surrounding the killing by Israeli police of 13 Israel Arabs in 
protest demonstrations in October 2000.

(8) State Comptroller report 52B of 2000 (The Bedouin Diaspora in the 
Negev, page 111, paragraph 2).

(9) Concluding Observations of the CESCR: Israel, 23/05/2003; UN Doc: 
E/C.12/1/Add.9, paras 16, 26 and 27.

(10) CERD/C/304/Add.45, paras.11 and 19.

(11) CESCR, General Comment 4, para 18.


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