New Military Order Threatens Palestinianswith Mass Displacement
The Israeli Civil Administration in the occupied West Bank has issued a military order requesting the removal of new structures in Area C. The order grants the civil administration the power to demolish any structure under construction if its construction is not completed within six months of the issuance of the order.
In addition, the military order requests the removal of old structures built in previous years without being completed or inhabited by their owners.
The Jerusalem Legal Aid and Human Rights Cente (JLAC) stresses the dangerous implications of such an order, which jeopardizes the Palestinian existence in Area “C“.
The order also stipulates the removal of those structures inhabited for less than 30 days from the issuance of the order even if the construction of the structures is completed. Every structure, be it a house or an agricultural facility, will be given a warrant to be removed within 96 hours. According to the order, the owner of the structure is entitled to object to the removal by providing evidence that the structure is licensed or that it is built in accordance with a master plan approved by the ICA. Yet, such legal objections will not protect the structures from demolition. They might protect those structures owned by Israeli settlers, but Palestinians will likely fail to provide any evidence because the Israeli authorities sweepingly reject the applications of Palestinians for building permits.
In fact, since 1967, Israeli authorities have only granted a very limited number of building permits to Palestinians in Area “C“ while also approving the expansion of an extremely limited number of existing master plans. This discriminatory policy explains why Palestinians find themselves compelled to build without permits. It is worth noting that most Palestinian villages are located in Area B. Therefore, any expansion of those master plans would extend to Area C. Approving such expansion is within the power of the ICA’s Higher Planning Council.
Rejecting any expansion or approving new master plans for Palestinians is part and parcel of the ICA’s policy.
The order officially takes effect on 16 June, 2018, two months after its signing. It is designated as a temporary order valid for two years that can be extended.
The order should be read in the context of other legislative attempts seeking to make it even more difficult for Palestinians to challenge home demolitions and forced displacement. Last February, the Ministerial Committee for Legislation approved for a first reading a bill that severely diminish the role of the Israeli Supreme Court in the occupied West Bank. Proposed by Israel’s right-wing Justice Minister Ayelet Shaked, the bill stipulates the transfer of the exclusive jurisdiction over the decisions of Israeli authorities from the Supreme Court to the Israeli Administrative Affairs Court in Jerusalem. Among the issues whose jurisdiction will be transferred to the administrative Affairs Court is the issue of construction and planning. If passed, this bill will further reduce the already-slim options for Palestinians to legally protect their houses from demolition.
These legislative measures, along with the aforementioned military order, buttress the forced displacement policy adopted by the Israeli occupation authorities against Palestinians in Area C. The forced displacement of Palestinians is accompanied by an active Israeli policy to expand Jewish settlements and military zones on Palestinian land. Forced displcement and settlement construction constitute a grave breach of the international humanitarian law and may amount t war crimes.