Israel’s Supreme Court has reportedly ruled
that the houses were built too close to the
separation barrier in the occupied West Bank,
violating a construction ban.
“Among other things, the destruction of private
property in occupied territory is only
permissible where rendered absolutely necessary
for military operations, which is not
applicable”, said Jamie McGoldrick, UN
Humanitarian Coordinator, Gwyn Lewis, Director
of West Bank Operations for the UN Relief and
Works Agency for Palestine Refugees (UNRWA) and
James Heenan, Head of the UN Human Rights
Office in the area.
“Furthermore”, the statement continued, “it
results in forced evictions, and contributes to
the risk of forcible transfer facing many
Palestinians in the West Bank, including East
Jerusalem”.
The statement said that Israeli forces entered
the community early on Monday morning, while it
was still dark. The large-scale operation
forced families out of their homes and
demolished a number of residential buildings on
the East Jerusalem side of the Barrier.
“Among those forcibly displaced or otherwise
impacted are Palestine refugees, some of whom
today are facing the reality of a second
displacement in living memory”, the UN
officials flagged.
They stated that while humanitarian partners
are poised to provide emergency response to
those displaced or otherwise affected by the
destruction of their private property, “no
amount of humanitarian assistance can replace a
home or cover the massive financial losses
sustained today by the owners”.
Several of the affected people report having
invested their life savings in the properties,
after securing the required building permits
from the Palestinian Authority.
“What happened today in Sur Bahir is of even
greater significance, as many other homes and
structures now risk the same fate” said the
senior UN officials.
Against international law
In 2004, the International Court of Justice
(ICJ), ruled against constructing the Israeli
Barrier and found that the parts running inside
the West Bank, including East Jerusalem –
including the Sur Bahir homes – “cannot be
justified by military exigencies and thus
violates Israel’s obligations under
international law”, said the statement.
Moreover, in a resolution of 20 July 2004, the
UN General Assembly, demanded that Israel
comply with its legal obligations as stated in
the ICJ’s advisory opinion.
“Had there been concrete action to ensure
respect for these principles, and for
international humanitarian and human rights
law, generally, the people of Sur Bahir would
not be experiencing the trauma they are today,
and violations of their rights”, the statement
concluded.
