House demolition

B'Tselem to IDF Chief of Staff Ya'alon: Adopt the Recommendation to Stop House Demolitions

17 February 2005

Punitive house demolition is a severe violation of international humanitarian law. The Committee appointed by IDF Chief of Staff, Moshe Ya'alon to study the army's policy on house demolitions has recommended that use of this measure be stopped. Following this report, B'Tselem urges Ya'alon to immediately adopt the recommendation and declare that the IDF will no longer carry out punitive house demolitions.

The declared purpose of the IDF's policy is to harm innocent persons - the relatives of individuals suspected of attacking Israelis - who are not themselves suspected of having committed any offense. Demolishing their homes is a clear case of collective punishment, and violates the precept that a person should not be punished for the acts of others. Thus, the practice is illegal, regardless of its effectiveness. The committee's interim conclusions are important in that they confirm that the harm to state interests resulting from punitive house demolitions exceeds their benefit. This finding undermines the contention cited by the state for many years, that the demolitions serve as a deterrent.

Background

From the beginning of the current intifada (29 September 2000) to the present, the IDF has demolished as punishment 675 housing units, which were home to 4,239 persons. From 1967 to the outbreak of intifada, Israel demolished more than 1,800 homes as punishment.

In November 2004, B'Tselem published a report entitled Through No Fault of Their Own, which exposed the scope of the IDF's policy on punitive house demolitions:

  • Regarding some fifty percent of the houses demolished as punishment, the army never contended that a person who attacked Israelis lived there.

  • For every person who was involved in, or was suspected of involvement in, an attack on Israelis, 12 innocent Palestinians lost their home.

  • Contrary to the state's claim before the High Court of Justice that prior notice of the intention to demolish a home is given in almost every case, in 97 percent of the cases, the occupants were not given advance notice of demolition of their home.

On 31 December 2004, it was reported that the Chief of Staff had appointed a committee, headed by Major-General Udi Shani, to examine the policy of punitive house demolitions.

Suggested items

תכולת בית לאחר ההריסות באל-מונתר. צילום: עאמר עארורי, בצלם, 11.11.19

Planning Policy in the West Bank

Israeli house demolitions spiked in 2019 compared to previous years

Israel demolished a record number of homes in East Jerusalem in 2019, also setting a record for homes demolished by their own owners on Israel’s orders. The number of homes Israel demolished in the rest of the West Bank, both over permit issues and as a punitive measure, also spiked in the past year. East Jerusalem In 2019, Israel demolished 265 structures in East Jerusalem. According to B'Tselem figures, Israel demolished 169 housing units in East Jerusalem in 2019 –more than in any year since 2004, when B'Tselem started keeping records. The demolitions have left 328 Palestinians homeless, 182 of them minors. In 42 cases, the homeowners demolished their own houses to avoid the hefty levies the city collects for demolitions it carries out itself. This is the highest number of self-demolitions B'Tselem has recorded since it began keeping track. Additionally, 96 non-residential structures were demolished in East Jerusalem in the past year, 13 of them by the owners and the rest by the city. Palestinians in East Jerusalem are effectively left with no choice but to build without permits as a direct result of Israeli policy which makes it practically impossible for them to obtain building permits. Israel uses this policy to further its goal of perpetuating a Jewish majority in Jerusalem. One of the way in which it pursues this goal is by making life in the city unbearable for Palestinian residents, in a bid to push them to leave their homes, ostensibly of their own free will. From the beginning of 2004 until the end of 2019, the Jerusalem Municipality demolished 978 housing units in East Jerusalem, leaving 3,177 people homeless, including 1,704 minors. In addition, from the beginning of 2012, when B'Tselem began recording demolitions of non-residential structures, to the end of 2019, the municipality demolished at least 413 such structures. West Bank In 2019, Israel demolished 256 structures in the West Bank. According to B'Tselem figures, Israel demolished 106 housing units in 2019, more than it did in both 2017 and 2018. The demolitions have left 349 Palestinians homeless, including 160 minors. The Civil Administration also demolished 150 non-residential structures in the West Bank this year. Israel uses its planning system in the West Bank to block Palestinian development and dispossess Palestinians of their land. Palestinians have virtually no chance of obtaining a building permit, even for their privately owned land. With no hope of obtaining a permit and building in keeping with Israeli law, Palestinians are forced to develop their communities and build their homes without permits. As a result, they live with the constant threat of seeing their homes and businesses demolished. This Israeli policy, which has been repeatedly upheld by the country’s Supreme Court, is based on the concept that land in the West Bank should primarily serve Israeli needs and interests, while the needs of the Palestinians are never considered. From 2006, when B'Tselem started recording these figures, until the end of 2019, Israel demolished at least 1,525 Palestinian housing units in the West Bank. At least 6,660 people were left homeless as a result, including at least 3,342 minors. Israel repeatedly demolishes homes in communities it refuses to recognize, and which are at risk of expulsion. From 2006 to the end of 2019, Israel demolished the homes of at least 1,069 Palestinians, 511 of them minors, more than once. During the same time, the Civil Administration demolished 779 non-residential structures in the West Bank (including fences, water cisterns, roads, storage facilities, agricultural structures, businesses, public buildings, and other structures). Punitive demolitions In 2019, the military demolished 14 housing units as a punitive measure. These demolitions left 36 people, including 15 minors, homeless. Punitive house demolitions have also increased compared to the previous two years: Israel demolished nine housing units as a punitive measure in 2018, and seven in 2017. This policy is immoral and constitutes collective punishment, which is prohibited under international law. Nevertheless, the justices of the Supreme Court repeatedly dismiss petitions brought by Palestinians against these demolitions, relying on an unreasonable interpretation of international law and acceptance of the state’s arguments, including the claim that the policy is meant as a deterrent rather than a penalty - even though this claim has never been proven.

6 January 2020