House demolition policy
The Israeli occupation authorities follow a calm method for the deportation of Jerusalemites, which is called the policy of "calm/ silent deportation", by using a large number of long -term "soft" deportation policies and tools, which in turn create a "compulsive environment" that repels the sacred, where Israel creates Life, economic and residential conditions that make the lifestyle almost impossible, through the use of long -term strategic policies, such as weakening the economic situation, increasing the burdens of living life and the expensive costs of life on the population, imposing taxes and fines, and marginalizing Palestinian neighborhoods from all organization and construction plans, and thus restricting them to residential areas They are crowded and prevented from the urban expansion needed to meet the needs of their natural growth, not to grant them constructive licenses, withdraw their residency, demolish their homes, and so on, so that there is no way for Jerusalemites except to leave their city calmly without noise. These continuous policies aimed at expulsion can be described as an ethnic cleansing crime based on the national affiliation of a specific group.
ومن أبرز سياسات تهويد مدينة القدس وترحيل سكانها هي House demolition policy، الهادفة إلى تفريغ مدينة القدس من الفلسطينيين، مقابل انتشار استيطاني واسع ومشاريع استيطانية كبرى. وبناءً على ذلك أصبحت إمكانية حصول المقدسيين على تراخيص بناء مسألة شبه مستحيلة، خاصةً في ظل عدم وجود مساحات للبناء إضافة إلى الإهمال المتعمد للأحياء الفلسطينية في مدينة القدس، وتهميشها من أي مخطط تنظيمي للسكن. وفي ظل هذه السياسة الإسرائيلية التي خنقت المجتمع الفلسطيني في القدس، لم يبقَ فعلياً أمام سكان المدينة سوى خيارين أحلاهما مُرّ، فإما البناء دون الحصول على ترخيص وفق شروط سلطات الاحتلال وذلك تلبيةً لاحتياجاتهم النابعة عن نموهم الطبيعي، وبالتالي التعرُّض لغرامات باهظة الثمن وصولاً إلى هدم المنزل على كلفة صاحبه وتشريد أفراد الأسرة، أو خروج المقدسيين من العيش في كنف هذه الظروف الصعبة باتجاه المدن الفلسطينية في الضفة الغربية، الأمر الذي يؤدي إلى سحب بطاقات إقامتهم في مدينة القدس ورحيلهم عنها وهذا هو الهدف المنشود من سياسة الاحتلال. وتشير التقديرات إلى وجود أكثر من 100,000 مقدسي مهددِ بالنزوح تبعاً للتهديد بهدم منازلهم "غير المرخصة".كما تقوم سلطات الاحتلال بهدم منازل أهالي الشهداء الفلسطينيين من باب الثأر والانتقام بشكل مخالف للقانون الدولي باعتباره يقع في نطاق العقوبات الجماعية .
The right to housing and the demolition of homes in accordance with international law
وفقاً للقانون الدولي لحقوق الإنسان، فإنَّ الحق بالسكن هو حق أساسي للإنسان دون تمييز، إضافةً إلى أنه تم تطوير معايير خاصة بالسكن الملائم.أما في حالة International humanitarian law، فقد قيَّد صلاحيات السلطة القائمة بالاحتلال، ومنعها من إحداث تغيير جغرافي وديموغرافي بالإقليم الخاضع لسيطرتها.كما حدد ميثاق روما الجرائم التي تدخل ضمن إطار اختصاصه متمثلة بجرائم الحرب، والجرائم ضد الإنسانية، وجرائم العدوان. وقد تم تحديد شروط تلك الجرائم التي تعتبر الصفة الأبرز لها بأنها ذات سياسة ممنهجة ومستمرة، والتي ترقى House demolition policy تجاه المقدسيين لأن تكون من ضمنها.
International Human Rights Law
The right to adequate housing is considered one of the basic rights of the human being that has been legalized with different advertisements, covenants and international agreements, as it is prohibited to prejudice this right, especially if the prejudice is part of an ethnic cleansing and racial discrimination policy towards a group itself, or it came as a collective punishment. House demolition operations constitute a clear violation of international human rights advertisements and agreements that guarantee the right of adequate housing, especially Article 25/1 of the Universal Declaration of Human Rights, Article 11 (1) of the International Covenant for Economic, Social and Cultural Rights of 1966, and Article 5/A/3 of The International Agreement for the Elimination of all forms of racial discrimination of 1965 that guarantee the right to housing.
International humanitarian law
• The demolition of homes is a grave violation of the provisions of the Fourth Geneva Convention of 1949
يعتبر هدم المنازل عملاً منافياً لأحكام International humanitarian law خاصةً ما نصَّت عليه اتفاقية جنيف الرابعة لعام 1949 الخاصة بحماية المدنيين في وقت الحرب. وطبقاً لهذه المعاهدة، تندرج House demolition policy ضمن المخالفات الجسيمة وأحد أشكال الإجراءات التعسفية التي تؤدي الى تدمير ومصادرة الملكية دون وجه حق ودون وجود أي ضرورة عسكرية تستدعي ذلك، فعمليات الهدم التي تنفذها قوات الاحتلال في مدينة القدس تخالف المادة 53 من اتفاقية جنيف الرابعة التي تحظر على دولة الإحتلال تدمير أية أموال ثابتة أو منقولة خاصة بالأفراد أو الجماعات إلا إذا كانت العمليات الحربية تقتضي ذلك لتحقيق أهداف عسكرية،الأمر غير الموجود في مدينة القدس، كون المنشآت الموجودة بها هي منشآت مدنية وسكانها مدنيين.
Article (33) also prohibited each of the collective penalties for the civil population protected by the agreement, or to punish them for actions they did not commit, or to deal with a manner of revenge from them and their property.
House demolition as a war crime
International criminal law is widely demolished homes as an illegal and contrary to international law.Article 8/2 of the Basic System of the International Criminal Court stipulates that the destruction of property on a large scale without the availability of a military necessity that justifies this is a war crime.
Experts of international law have unanimously agreed that if grave violations are organized, they constitute war crimes, and the International Criminal Court has adopted an explanation for each of the violations contained in this article as a war crime and mentioned the pillars of war crime and crimes against humanity.
Demolishing homes as a crime against humanity
تعتبر House demolition policy جريمة ضد الإنسانية، باعتبارها اضطهاداً للسكان المدنيين الفلسطينيين دون وجود أي ضرورة عسكرية تستدعي ذلك. فقد حدد النظام الأساسي للمحكمة الجنائية الدولية أركان جريمة اضطهاد أية جماعة محددة أو مجموع محدد من السكان لأسباب سياسية أو عرقية أو قومية أو إثنية أو ثقافية أو دينية.
كما يتبين أنّ House demolition policy التي تتبعها إسرائيل بشكل عقابي ومنهجي بحق السكان الفلسطينيين في القدس تتضمن جميع أركان جريمة الاضطهاد بصفتها جريمة ضد الإنسانية، فبارتكاب الإحتلال لهذه السياسة يكون قد حرم عشرات الآلاف من الفلسطينيين من حقوقهم الأساسية بشكل يتعارض مع أحكام وقواعد القانون الدولي.
Demolition operations: numbers and facts
The total number of Palestinian homes that were demolished in Jerusalem alone from 1967 until 2018 is 2,074 homes, causing 9,492 Palestinians to displace.As for the current year 2019, which is considered the largest in terms of increasing demolitions, the occupation authorities demolished until the end of September this year alone, 140 Palestinian houses and 238 Palestinians were displaced.On the other hand, the occupation authorities between the years 2004-2018 demolished 54 houses annually, which means that the demolitions during the current year are considered the highest in more than ten years.
Accordingly, the year 2019 is considered one of the most difficult years for Jerusalemites in light of the significant increase in the number of demolitions.The total number of displaced Palestinians in the first four months of 2019 (193), and this number is considered higher than the total number of displaced people during 2018, which reached (178 people).In April of 2019 alone, 63 Palestinian houses and facilities were demolished, making it the largest number of demolitions carried out by the Israeli occupation authorities in East Jerusalem at just one month.
According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the number of women affected by the demolitions in the city of Jerusalem until the beginning of November 2019 (78 women, 75 children and girls).
Among the most prominent demolitions carried out by the Israeli occupation during the year 2019, which are the largest of its kind since 1967, is the process of collective demolition against the property and buildings of citizens in the Wadi al -Homs neighborhood in Tire Baher, where the occupation was demolished on 07/22/2019, 11 residential buildingsIt includes 72 apartments.And the danger threatens other sites from the city of Jerusalem, most notably the Al -Bustan neighborhood in Silwan, which includes 100 homes that are completely threatened with demolition, on the pretext of building a biblical park called King Dawood Park.
Psychological and social effects on women
When families are displaced due to the demolition of their homes, women bear the greatest burden to restore family stability.The violation and trauma of losing the home is a rape of women, the woman loses their world in the material sense and social feeling as well, because she is no longer responsible, but rather lives in another person's house.In most cases, the families who demolished their homes cannot bear the costs of alternative residence and are forced to move to the homes of their relatives, due to the going to the family’s income to pay the fines imposed by the occupation court, the costs of legal advice and the payment of the construction license costs.
The tension generated by this overcrowding is exacerbated by the fact that the "guest" woman does not have control over the domestic field and the care of her husband and children, which reduces her role and position. In many cases, this leads to severe tensions within the family, including domestic violence. The emotional and psychological influence on family members is often painful, and the shock of stripping a person from its ownership may lead to family tension, and the lack of a healthy environment within the same family, where the study cases highlight that the evacuation and demolition of homes leads to additional and multiple violations of human rights, especially for women and children; Including the right to education, carrying home burdens and health care. Often the loss of privacy and safe space often results in a great pressure within the family that negatively affects the relations between the family members, which leads to the feeling of weakness in their role as a source of power and the emotional and material support of their children. In this regard, citizenship says, "I feel constant tension, and I need a special place for my family; even a small room with mice will be fine for us! I want my children be able to move as they like and play freely with their games ... I have been depressed to the point that I am I cannot eat, and this depression has affected my husband and children. ”These women find themselves anxious and depressed, yet they are forced to be strong for their families; Especially children.
House demolitions also leave women fearful, sad and sad. A large number of women have reported that their homes were previously demolished or they saw the homes of neighbors that are always demolished while they are always pending the issuance of the demolition order in their current home.Umm Muhammad Hamdan, a 60 -year -old woman from Anata, describes her endless days and nights awaiting the day of her second house, saying: "I could only sleep for the first time in six months, fear and terror than waiting for them (the army) is worse than the rubble that surroundsAt this moment, the first demolition they performed at dawn ... they demolished it again, but at least I can sleep now. "
Upon preparing this fact paper, a group of holy women, whose homes were demolished by the Israeli occupation forces, were meeting within the policies of targeting Jerusalemites.Women described the day of demolition and pre -demolition events, violations, and intimidation by the occupation soldiers.Women also talked about their lives and families after demolishing from homelessness and fatigue.Among the most prominent of these statements:
Hanadi Abu Ramz:
Hanadi Abu Ramouz, a Jerusalem woman who was displaced and her family from Beit Hanina after the occupation forces demolished her house on 22/2/2017.Mrs. Hanadi said when she described the events of the day of demolition: "By feeling them dealing with you as a criminal, that you committed a crime to live in Jerusalem."
Hanadi added, "They demolished the dream of a lifetime, Kalashi destroyed, demolished dreams, memories and ambition, they destroyed our lives, they went to destroy the last breath, and everything that is sufficient for the bulldozer was destroyed by cancer, I was a sense that they were sitting destroyed by my heart.Just to destroy the house, they will greet each other and deny each other, that they accomplished their mission, really not human beings, I do not understand how people are sitting laughing and happy while they were seeing the children of the street.
Because of the number of violations imposed by the occupation government and the financial difficulty faced by the family to live with an independent residential space, the family was forced to move forcibly to live in the house of Hanadi for a period A new and different social space, saying: “Our house was independent with Bab Al -Dar Square, today our lives like prison around the wall, crisis and high buildings. After the house was demolished, I felt how every grain of dust in Jerusalem was expensive, it was between my home and the Al -Aqsa Mosque 10 minutes, today a lot has become the distance Far because of the Qalandiya checkpoint and its crisis, from the grandfather of our isolation from Jerusalem. "
She also described her life and the life of her family after the demolition as follows: "Our psychology was completely destroyed, the first I was trying to become all, and I strengthened all, then I felt my current sigh." When Hanadi talked about her life and the life of her family after the demolition, Hanadi started saying, "The psychology of my children was destroyed, 4 of my children in the school in Beit Hanina and Sha`fat, and every day they suffer from the barrier with the preacher and return." "We overcame, whether at the psychological level, how he wanted to study, his room and his house, and we were destroyed, and we were in the house At a high rate of 92%. "
On the impact of the demolition on her children, she stated: "Although my son excelled in Tawjihi, we entered a stage of frustration after the Tawjihi, many people and his enemy promises with scholarships, but unfortunately, no one gave us something, and I went to him for a whole year."
"My little son Muhannad, the 5 -year -old, became in his toys, landing his cars with the image of a barrier, an army and a crisis.
"The demolition of our house has an effect on my children and the construction of their personalities a lot, they differed, and the eyes, the Sahwa, they understood what means displacement and how they need to face.
When we asked her about the future that she looks at her personal level, she said: “I am already a housewife, and my longevity was my love, I have completed my education, but the conditions of life and raising children were the pillow of all my time.I started working as a teacher and accompanying students. "
"I reached the direction, and I was superior, but after marriage I did not complete, I have 21 years, leaving the school, but after the demolition I told, I wish I had a university degree to work, now I felt its value, if I had a certificate, I would not have left my husband for the case of this, but I took a decision To learn at the university, and I decided to register at the university this year, and I want to study psychology, it is possible because of the circumstances in which I have passed, I discovered Qadish this specialization is important, because I needed to support myself after the demolition, and a sense of responsibility to support the psyche of the people whose homes are destroyed and guided. Just like the calamity of death, they break the stones, and you are broken with stones, by meeting your condition, and you are not able to do something, all security and stability went with a moment, the shape of the scissors that was cut at home, my age was not forgotten, without mercy, feeling and feeling of children and women crying. Each case. A house was destroyed by seeing it on the TV, I felt that it had become with me, and all the painful memories returned to me, and sadly on the owners of the household because we lived the same experience. I was destroyed with the house, so that this is necessary to provide financial and psychological support to those affected N demolition of homes.
Maryam Mahmoud Amayrah:
Maryam is an abandoned housewife from her home in the Wadi Al -Homs neighborhood, after the largest demolition operation by the occupation forces that occurred on 7/22/2019. After two years of construction and three years in the courts to try to save the house, Maryam said: “No one helped us or support us ... We are without support in this country.” Maryam said that on the day of demolition there were about 6 buses, each bus is full of about 50 A soldier from the Special Forces, and we woke up to thousands of soldiers surrounding the neighborhood; "They did not accept me to see me see or bid farewell to my house. They came at 4 dawn. It was a great shock all the fatigue of the years and the age of life went." I also talked about the huge amount of money that they must pay for all the violations and the process of demolishing their home themselves, and they also had to meet the borrowed amount that was used to build the house. Maryam talked about the psychological pressure on her and her family, which resulted from these financial difficulties, she said, "What were we trying to add to build the house, but I have become forbidden to my current and forbidden my children to block religion, I became disobeying them."
"Three years in the courts and guided 9 buildings and bombed them, all houses and buildings were licensed by the Palestinian Authority, we built in the A region because we did not put it in the situation. The houses were demolished on the pretext of their proximity to the wall and to maintain the safety of the area. The soldiers were overwhelmed by the house and housing in general and prevented us fromNear. Whatever they do, the land is our land, we will be able to build them, they will destroy a role that will destroy, but we will be able to build. "
Sherine Abu Kaf, employee of the village council in Wadi Al -Homs:
"The demolition process in the Homs Valley led to two cases of engagement in the neighborhood, because of the courts and the forced families to postpone the wedding more than once and the inability to save the house in which the demolition was intended. It was recognized that marriage without a house cannot.Saying life and the relationship between them after the demolition has become difficult and psychological pressure is more difficult. "
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This paper was prepared within the activities of the "Palestinian Youth Youth as defenders of human rights" funded by the European Union
The content of this bulletin does not necessarily express the opinions of the European Union, and the writer bears full responsibility for all the information and opinions in it