• Published 02:56 07.12.09
  • Latest update 04:22 07.12.09

Israel ignoring 400 Palestinian house demolition appeals

The state's inaction on the Palestinians' petitions saved the homes from being demolished.

By Chaim Levinson Tags: Israel news settlement building West Bank Palestinians

The State Prosecutor's Office never responded to some 400 High Court petitions filed by Palestinians seeking to save their West Bank homes from demolition orders - which means the homes cannot be demolished - according to an advocacy-group report released today.

The homes were classified by the state as being illegally built.

The state prosecutor justified its failure to act by stating that either way, the homes were unlikely to be demolished.

The report, released by the Regavim organization, which says its goal is to preserve "national lands," reveals an underreported trend in the West Bank: Palestinians petitioning the High Court to save their homes from demolitions ordered by the Civil Administration.

In most cases, once a petition is filed, the state issues an interim order preventing demolition. The state is then expected to respond to the petition, after which a date is set for a court hearing.

But in 400 such cases - involving 700 homes - the government never responded. This means the interim orders against the demolitions are left in place.

One such petition was filed in 1997 by a resident of the West Bank town of Anata, near Jerusalem. Judge Theodor Or filed a temporary order preventing the demolition, and for several years the case remained frozen, because the state never responded. The interim order is still in effect, and the homeowner therefore has immunity against demolition, granted by the High Court.

Regavim contacted the Attorney General's Office on the matter.

Deputy Attorney General Malkiel Blass stated in response, "There is a gap between the scope of the orders and the demolitions. In these circumstances, priorities must be drafted. After examining the matter, I didn't find any failings in the attorneys' actions."

"It is unacceptable to instruct an attorney to ask the court to hold a hearing on a petition over demolishing a home, when even if the petition is accepted, the structure will likely not be demolished," he wrote.

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    This story is by: Chaim Levinson
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  • 13. 0 0
    Michael in UK mutters half the story
    • SDHD
    • 08.12.09
    • 01:34

    "I`m afraid that`s all rubbish M. When Israel declared independence it declared it on the basis of the 1947 UN borders. The international coumminity de facto recognises Israel`s pre-1967 borders," The Arabs didn't recognize Israel's independence, and the international community, de facto recognizes that final borders are to be negotiated.

  • 12. 0 0
    Michael, why don't you actually read for once.
    • Jason
    • 07.12.09
    • 21:33

    Under the Hague Convention, a military occupation is when one STATE occupies another STATE militarily. If Palestine is a state, when did this happen? Read it. Article 42 of the Laws and Customs of War on Land (Hague II) July 29, 1899.

  • 11. 0 0
    anwer to harzion
    • flora
    • 07.12.09
    • 15:48

    really? Israel loud tentrum that what stop egypt Usa will put pressure to egypt is always to keep Israel spoil brat from making fit! I am so discusted with the goverment of israel and MY GOVERMENT make me sick at my stomach! wonder why people hate?

  • 10. 0 0
    This seems reasonable
    • Mark Lincoln
    • 07.12.09
    • 14:50

    The appeals will be denied under any circumstances. Everyone might as well save their money since they are going to lose their home no matter what.

  • 9. 0 0
    M 6 Rubbish. Israel's high court recognises the occupation
    • Michael
    • 07.12.09
    • 12:38

    "There is no "occupation" of the West Bank by Israel and never has been. Jordan was not the internationally recognized sovereign ruler between 1948 and 1967 and thereby Israel`s victory in a self-defensive war was not an occupation." I'm afraid that's all rubbish M. When Israel declared independence it declared it on the basis of the 1947 UN borders. The international coumminity de facto recognises Israel's pre-1967 borders, a border the international court at the Hague also effectovely recognised in its decision on the wall. Nobody recognises Israeli sovereignty over the West Bank and Israel itself hasn't even claimed it. Israel's high court itself established that Israel is in the legally defined position of being the occupier via war of the West Bank. In that context, the Geneva Convetion applies and Israel has comprehensively broken it. Time for Israel to leave.

  • 8. 0 0
    Israeli Withdrawl from West Bank
    • Sabri Amarneh
    • 07.12.09
    • 12:14

    For Just solution of Israeli Occupation for Palestinian West Bank is to begin withdrawal from tirrotories. then start negotiotions of Any other historical conflicts between Israel and New Palestinian State

  • 7. 0 0
    kiwi girl "the siege of gaza is illegal"
    • harzion
    • 07.12.09
    • 12:07

    kiwi girl you are too far away to judge.there is in fact a gaza border with egypt.there is nothing to stop egypt from opening its border with the gazans.so the siege is only in your mind.

  • 6. 0 0
    # 4+5
    • m
    • 07.12.09
    • 11:36

    There is no "occupation" of the West Bank by Israel and never has been. Jordan was not the internationally recognized sovereign ruler between 1948 and 1967 and thereby Israel's victory in a self-defensive war was not an occupation. The Fourth Geneva Convention does not have to apply to the West Bank, but out of good-will, Israel applies it anyway. Israel does not have to supply anything to Gaza but, again out of good-will, does supply what is necessary to prevent a humanitarian disaster. It is also not illegal to with-hold non-essential goods entering an enemy territory if that territory is attacking you. Israel's actions in protecting Palestinians has consistently been misunderstood and wild rhetoric about breaking international law is baseless.

  • 5. 0 0
    The siege on Gaza is also illegal Michael
    • kiwi girl
    • 07.12.09
    • 10:50

    and a massive war crime against nearly 800,000 kids under 18 and around 750,000 men, woman, the elderly, and the disabled...that will have no shelter, warm clothing, adequate nutritious food, clean water, medicine, schools, textbooks, building materials, and every other facet of basic living needs. The worst of all being no freedom. If Israeli's can feel no shame over this atrocious Israeli made humanitarian crisis, then they have no right to call themselves human.

  • 4. 0 0
    Israeli rule on the West Bank is all totally illegitimate.
    • Michael
    • 07.12.09
    • 10:13

    Israel may have had some rights just after 1967 when it was a genuine occupying power. But over 42 years later, when it has been attempting to steal and settle the land in complete contravention of the Geneva Convention, it seems highly unlikely it has any legitimate rights in the West Bank at all. It's like if somebody attacks you from a house, you may perhaps legitimately enter the building to stop them. However, if once in the building you start stealing things, and decide to stay forever, you lose any legitimate right to be there. Israel no longer has any legal right to do anything in the West Bank and should leave it immediately.

  • 3. 0 0
    House demolitions
    • John Spear
    • 07.12.09
    • 10:00

    Who knows may be they are getting the message that seeing this stuff everyday on every TV in the world may start a backlash. may be they are not ready for another Masada.

  • 2. 0 0
    Ethnic Cleansing - only Palestinian homes demolished in Jerusalem
    • Shiva
    • 07.12.09
    • 09:50

    Apart from these 400, the illegal settlers will no doubt get the addresses from the relevant housing authorities to finish the job - democracy in action, Israeli style.

  • 1. 0 0
    Only Jews Demolished
    • daat y
    • 07.12.09
    • 05:51

    Just further proof of leftist politics effecting what should be objective legal decisions.