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Israeli Land Grab and Forced Population Transfer of Palestinians
the demolition order. If an extension is granted, the success of it tends to be based
on the possibility that the appellant could acquire a building permit on the basis of
humanitarian reasons.421
A judicial demolition order usually requires residents to demolish their own
homes. If they do not, residents will be charged for the Israeli authorities’ fees
for bulldozing, hiring security and other imposed costs.422 A demolition based on
Article 145 is no longer applicable after the five-year time period described in the
law has passed.
Judicial Demolitions (more than five years after construction)
Judicial demolitions more than five years after construction are applied through
Article 212 of the Planning and Building Law (1965). Article 212 is a statute that
allows the State to demolish homes deemed “a public nuisance.” Demolition under
Article 212 does not require an indictment as it targets the structure and not the
individual home owner.423
The typical procedure for activating Article 212 is that the authorities will approach
the court with a declaration that demolition of the illegal structure is within the
public interest. Public interest is used as the justification for a demolition along
with the structure being a “public nuisance”, often interpreted as synonymous
with ‘Jewish purpose’.424 Almost any demolition can eventually be justified this
way. The only way to combat the mechanism is to establish a presence in the
official public record through a planning scheme. The basis for declaring a “public
interest” is enshrined in the Master Plan: the State may even alter the status of an
area slated for some other use (road or forest, for example) regardless of the preexisting infrastructure.
421 Society of St. Yves, ‘The Legal Framework - Jerusalem’.
422 ICAHD, No Home No Homeland, 39.
423 For example, after the seizure of East Jerusalem in June 1967, Israel demolished 135 homes in the
Mughrabi Quarter of the Old City in order to expand the plaza and worship area of the Wailing Wall.
The neighborhood was completely destroyed over the coming years after another 100 homes were
demolished by the government who cited Article 212 as its legal basis. See: Ma’an News, Article
212: The Israeli Planning and Building Law of 1965, 13 March 2010, http://www.maannews.net/eng/
ViewDetails.aspx?ID=268387.
424 See: BADIL and COHRE, Ruling Palestine, 98; Al-Maqdese for Society Development, Home
Demolitions in Jerusalem: A Means Toward Ethnic Cleansing (2011), 25.
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