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Israeli Land Grab and Forced Population Transfer of Palestinians
Judicial Demolitions (less than five years after construction)
Judicial demolitions less than five years after construction are used to target homes
if the structure falls outside the boundaries of applying an administrative demolition
such as if the home was not newly built or renovated. Judicial demolitions are issued
from the District or Local Affairs Commission416 usually after the trial and conviction
of someone who had been engaged in illegal construction (i.e. on non-registered land
or that which had been zoned for another type of construction).417 Israeli authorities
implement a demolition priority to homes in the Old City or in areas marked as green
or public zones.418
Article 145 of the Planning and Building Law enforces the authorities’ decision and
states:419
(a) A person shall not carry out or begin to carry out any of the following
save after the Local Commission has granted him a permit therefore,
and shall not carry them out save in accordance with the conditions of
the permit:
(1) The laying out, construction and closing of a road;
(2) The erection, demolition or re-erection of the whole or part of
a building, or an addition, or any repair, to an existing building
(except an internal repair which is not a structural repair and
which does not infringe the permit for the construction of the
building);
(3) Any such other work on, or any such use of, any land or building
as, in order to ensure the implementation of any Scheme, is
designated by regulations as work or use requiring a permit.
A judicial demolition is tried in court. The Municipality must file a charge of
indictment with the Israeli Magistrate Court, but the charge is capped to five years
after the structure has been built. If an indictment is filed, a fine is associated as
part of the punishment. Non-payment of fines exposes residents to the risk of 3 to 6
months imprisonment.420 Individuals have an opportunity to ask for an extension of
416 Article 242 of the Planning and Building Law (1965) details the responsibility for a demolition order
according to the Local Commission and Court or Attorney General and chairman of the District
Commission.
417 Al Maqdese for Society Development, The Socio-economic and Demographic Effects of House
Demolitions in Jerusalem, 9.
418 Braverman, ‘Powers of Illegality’, 353.
419 Planning and Building Law 5725-1965.
420 ICAHD, No Home No Homeland, 38.
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