A/HRC/12/48
page 53
199. It is estimated that 33 per cent of the settlements have been built on private land owned by
Palestinians, much of it expropriated by the State of Israel on asserted grounds of military
necessity. Following a ruling of the Israeli High Court of Justice in 1979, the Government of
Israel changed its policy of land confiscation on the asserted ground of military necessity and
started having recourse to civil laws relating to land confiscation in place under Ottoman rule.
According to these laws, land may be seized either because no one can prove ownership in
accordance with the required standard of evidence or because the area in which it is situated is
declared a closed military zone which farmers are prohibited from entering.37
200. “Since 1967, the Israeli authorities have demolished thousands of Palestinian-owned
structures in the [Occupied Palestinian Territory], including an estimated 2,000 houses in East
Jerusalem.”38 During the first quarter of 2008, the Israeli authorities demolished 124 structures
in the West Bank, including East Jerusalem, for lack of permits. Of those, 61 were residential
buildings whose demolition caused the displacement of many Palestinians, including children.
Demolition of structures and residential buildings has been a feature of the Israeli policy that has
displaced Palestinians mainly in the Jordan Valley and in East Jerusalem, but also in other areas
of the West Bank. The Israeli authorities justify the majority of these demolitions by claiming
that the structures or buildings lack the necessary permits. The relevant Israeli authorities rarely
issue building permits for Palestinians, frequently refusing them on the basis that the
construction is in violation of the mandatory regional outline plans approved by the British
Mandate Government of Palestine in the 1940s.39 Areas in East Jerusalem face the prospect of
mass demolitions. Carrying out pending demolition orders would affect a combined total of more
than 3,600 persons.40 The combined effects of the Israeli policies of expanding and establishing
new settlements, the demolition of Palestinian-owned properties, including houses, the restrictive
and discriminatory housing policies as well as the Wall have been described as a way of
“actively pursuing the illegal annexation” of East Jerusalem.41
37
Ibid.
Office for the Coordination of Humanitarian Affairs (OCHA), “The planning crisis in East Jerusalem:
Understanding the phenomenon of ‘illegal’ construction”, Special Focus, April 2009, available at:
http://www.ochaopt.org/documents/ocha_opt_planning_crisis_east_jerusalem_april_2009_english.pdf
38
39
A/63/518.
40
OCHA, Special Focus, April 2009.
The Guardian, “Israel annexing East Jerusalem, says EU”, 7 March 2009, available at:
http://www.guardian.co.uk/world/2009/mar/07/israel-palestine-eu-report-jerusalem
41
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