IHL in the occupied Palestinian territory

Photo: Demolished house of Mussa Makhamre's family, Yatta, Hebron. Photo: Kate O'Rourke, July 2005.

House demolitions

The Israeli army (IDF) has implemented a continous illegal policy of demolishing homes of Palestinians in the occupied Palestinian territory (oPt) since 1967 until today.

Since property belonging to protected persons – public buildings or private houses – is protected under international humanitarian law (IHL), the demolition must be within the boundaries of IHL. Israel refers to three reasons:

Administrative House Demolitions

The first is that demolitions take place based on administrative reasons, due to lack of building permits despite the fact that permits are rarely issued by the Civil Administration. Planning in the occupied Palestinian territories is under-developed, especially in Area C after the Oslo Agreements.
Read more about the Civil Administration
Read more about the Oslo Agreements

House demolitions during military operations

The second reason is that demolitions occur during IDF military operations. Under IHL destruction of property during combat is not illegal as such. Destruction is prohibited unless there is an absolute military necessity to do so. Despite IDF claims that demolitions were legally justified in its military operations, especially in the Gaza Strip, large-scale demolition operations of civilian homes, immediately after an attack on Israelis, suggest otherwise.
Read more about military necessity

House demolitions during military operations - Israeli incursions into the Gaza Strip summer/autumn 2006

"Since 25 June 2006, the most recent Israeli incursion into the Gaza Strip, I continue to receive alarming reports about deliberate attacks by Israeli forces resulting in the destruction of homes, civilian property and infrastructures in the Gaza Strip. Such acts have a devastating impact on civilians particularly, women and children, and create insecurity and psychological trauma. Thus, these forced evictions and unjustifiable destruction constitute breaches of international laws of human rights, war and humanitarian norms.

International law strictly prohibits the destruction of private or public property when not absolutely necessary by military operations.

According to United Nations Relief and Works Agency (UNRWA) the military operation in Beit Hanoun itself led, in a six-day military siege, to the destruction of dozens of houses."

Statement by the UN Special Rapporteur on Adequate Housing, Miloon Kothari, in relation to Israel's attack on Beit Hanoun, 8 November 2006 (10 November 2006).

Punitive house demolitions

The third reason is that demolitions intend to deter Palestinians from acting against Israel and its citizens. Despite the stated reason, it appears that the main motivation behind these demolitions, referred to as punitive demolitions, is to punish the Palestinian society for acts committed against Israelis. The demolished homes belong to families of Palestinians that have either carried out or are suspected of having carried out violent actions against Israelis.

IHL and protection of civilian property

IHL and planning under occupation

Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)