A/HRC/34/38
Israeli authorities indicates that over 11,000 demolition orders in Area C were outstanding
as of 2014, concerning an estimated 17,000 Palestinian-owned structures.53
26.
Most structures have been demolished because of the absence of building permits
issued by the Israeli authorities, which are almost impossible for Palestinians to obtain. In
previous reports, it has been noted that the Israeli zoning and planning policy in the West
Bank, which regulates the construction of housing and structures in Area C, is restrictive,
discriminatory and incompatible with requirements under international law. 54 Provided that
international humanitarian law is otherwise respected, 55 territorial planning has to be
undertaken to enhance the life of the protected population, which is not the case in the
present situation. The implementation of the zoning and planning regime cannot be invoked
by Israel to justify any violation of international law.
27.
The destruction of donor-funded humanitarian assistance to vulnerable communities
spiked in 2016, when 292 donor-funded structures were demolished or seized by the Israeli
authorities in Area C — a rate over 165 per cent higher than in 2015. Affected relief items
included shelters and tents, water cisterns, animal barracks and other basic structures
needed for survival and to gain a livelihood. Such actions are irreconcilable with the
occupying power’s obligations to allow and facilitate humanitarian access for civilians in
need.56
28.
Forcible transfer does not necessarily require the use of physical force by the
authorities but may be triggered by specific circumstances that leave individuals or
communities with no choice but to leave. The existence of such circumstances constitutes
what is known as a coercive environment.57 Any transfer that occurs without the genuine
and fully informed consent of those affected is considered forcible. However, genuine
consent to a transfer cannot be presumed in an environment marked by the use or threat of
physical force, coercion, fear of violence or duress.58
29.
Palestinians have been forced to move owing to the existence of a coercive
environment within Area C of the West Bank59 and the area of the city of Hebron under
Israeli control (H2).60 Coercive factors such as home seizures and demolitions leading to
forced evictions, movement and access restrictions, instances of excessive use of force by
Israeli security forces and settler violence have also been reported in East Jerusalem. 61
Forcible transfers have also been documented following the revocation of residency permits
in East Jerusalem, 62 as well as the transfer of Palestinian detainees to Israeli prisons. 63
Human rights violations, for example of the rights to freedom of movement, privacy and
53
54
55
56
57
58
59
60
61
62
63
Office for the Coordination of Humanitarian Affairs, official data on demolition orders in Area C.
Available from http://data.ochaopt.org/demolitions.aspx.
See A/HRC/31/43, para. 45, referring to A/HRC/25/38, paras. 11-20; see also A/68/513, paras. 30-34.
The implementation of the Israeli planning and zoning regime is problematic with regard to the
prohibition of discrimination enshrined in human rights law and the right to adequate housing
(International Covenant on Economic, Social and Cultural Rights, art. 11), including the prohibition
on forced evictions and on unlawful or arbitrary interference with privacy, family and home
(Committee on Economic, Social and Cultural Rights general comment No. 7 (1997) on forced
evictions, para. 3).
In particular, the Israeli planning and zoning regime may violate the obligation of the occupying
power under international humanitarian law to ensure public order and safety while respecting the
laws in force in the occupied territory (Convention respecting the Laws and Customs of War on Land,
art. 43).
Fourth Geneva Convention, art. 59; see also ICRC, Customary International Humanitarian Law, rule
55.
See A/HRC/34/39, paras. 40-57.
See A/67/372, para. 37, and A/HRC/24/30, para. 29.
See A/HRC/31/43, para. 46, A/69/348, para. 16, and A/67/372, para. 37.
See A/71/355, paras. 25-64.
See A/70/351, paras. 25-51, and A/HRC/16/71, paras. 20-22.
See A/67/372, para. 39, and A/HRC/16/71, paras. 23-24.
Fourth Geneva Convention, art. 78. The transfer of prisoners into the territory of the occupying power
is forbidden by article 76.
7
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