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Israeli Land Grab and Forced Population Transfer of Palestinians
demolitions.344 Consequently, the petitioners responded that the Court’s argument
redirected attention away from the question of defining “military necessity”.
Discriminatory (“Administrative”) Demolitions
Home demolitions for “administrative” purposes accounted for 23 percent of
all demolitions between 1967 and 2012.345 A lack of building permits is the key
administrative factor the Civil Administration uses to criminalize structures and slate
them for demolition. The process is embedded in planning and zoning – seemingly
proper administration. Both law and practice show, however, that houses are not
demolished in the course of normal town planning operations, but are instead
demolished in a discriminatory manner.346 Zoning regulations have been prepared so
as to limit Palestinian building.
Land registration
Military Order 291,347 activated in 1968, froze the legal status and registration of lands
in the West Bank.348 Exclusive planning schemes (as seen above) are used as a basis
for refusing building permits to Palestinians in Area C. Only one percent of Area C is
planned for Palestinian development and much of that area is already built up.349
Cynically, the Israeli Civil Administration justifies non-registration of lands as a
mechanism to protect the rights of absentee property holding Palestinians. In a 1983
letter to Palestinian lawyer Raja Shehadeh from the Israeli Civil Administration’s
legal advisor, Brigadier Itzhaq Excel, he applies the distorted rhetoric:
344 The Court reasoned that a policy of home demolitions in Gaza would cease because of the 2005
“pullout” and the Sharm el-Sheikh summits (February 2005) at which Prime Minister Ariel Sharon
stated that, “Israel will cease its military operations against Palestinians everywhere.” Two of the
three cases the petitioners specified in court were in Gaza, and the third regarded Jenin (April 2002
during Operation Defensive Shield).
345 ICAHD, ‘Demolishing Homes, Demolishing Peace’.
346 John Dugard, Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian
Territories Occupied Since 1967, (January 2008), para. 41; available from http://unispal.un.org/
UNISPAL.NSF/0/F71BE9FAE0ABBE1C852573EC006DDE2E.
347 Military Order Concerning the Settlement of Disputes over Titles in Land and the Regulation of Water
1968, 1968; available from http://www.israellawresourcecenter.org/israelmilitaryorders/fulltext/
mo0291.htm.
348 For further information on Registration of land in the West Bank in general see the section on
Registration in the Chapter on Land Confiscation.
349 The registration process is long and costly, and primarily composed of demonstrating ownership.
Proof of ownership primarily includes providing the registration papers of the land where the
construction was built (tabou, or other Israeli-approved documents), the maps of the land and
its borders (accepted by the Israeli Civil Administration), and the plan of the house, among other
documents. See: ICAHD, ‘Demolishing Homes, Demolishing Peace’.
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