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Israeli Land Grab and Forced Population Transfer of Palestinians
Inspection Committees
In East Jerusalem there are two Israeli bodies of authority with the ability to issue
demolition orders: the Jerusalem Municipality (local) and the Ministry of Interior
(regional). The overlapping planning units operate simultaneously with a planning
committee and a corresponding inspection squad.408 Outside of Jerusalem the
authority of the Municipality ceases.409
Inspectors decide on the ‘administration’ of buildings and whether to mark an
‘illegal’ house for demolition. Administrative demolitions, in the bureaucratic sense
of the word, are subject to two sub-categories of demolition orders: administrative
and judicial procedures. The choice between these procedures largely determines
whether a house will be demolished within days or subject to years of judicial
proceedings that are usually resolved with a plea-bargained fine. Every year, the
inspectors mark hundreds of houses in East Jerusalem as illegal.410
Administrative Demolitions
The majority of Palestinian home demolitions in East Jerusalem are administrative.
Administrative demolitions are applied to new structures: either a building that is in
progress or a structure that has not been lived in for 60 days. The demolition targets
the building itself, not the building owner and is, therefore, not penal. Because the
method of demolition does not require a court hearing, it can be implemented very
quickly. A demolition is enabled 24 hours after delivering a notification leaving
owners with extremely short notice to file a legal challenge or appeal in the Jerusalem
Municipal Court.411
Administrative demolitions are applied using Article 238 of the Planning and Building
Law that is composed of the following relevant sub-articles (c), (f), (g), and (h):412
408 Irus Braverman, ‘Powers of Illegality: House Demolitions and Resistance in East Jerusalem’, Buffalo
Legal Studies Research Paper 32, no. 05 (2009): 354.
409 Al Maqdese for Society Development, The Socio-economic and Demographic Effects of House
Demolitions in Jerusalem (Jerusalem, March 2011), 10; available from http://www.al-maqdese.org/
attachment/150/socio_eonomic.pdf?g_download=1; accessed 22 April 2013.
410 Braverman, ‘Powers of Illegality’, 353.
411 Article 250 of the Planning and Building Law enables an appeal. See: Society of St. Yves, ‘The Legal
Framework - Jerusalem’, Society of St. Yves, Catholic Center for Human Rights, n.d.; available
from http://www.saintyves.org.il/index.php?option=com_content&view=article&id=108%3Ademoliti
on-legal&catid=44%3Ahouse-demolitions&Itemid=59&lang=en; accessed 23 April 2013.
412 See a ‘Sample Administrative Demolition Order’ from 20 December 2006 translated by Human
Rights Watch here: Human Rights Watch, ‘Sample Administrative Demolition Order’, December
2006; available from http://www.hrw.org/reports/2008/iopt0308/14.htm; accessed 23 April 2013.
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