The report shows how the justices of Israel’s Supreme Court have validated the state’s planning apparatus in the West Bank, enabling it to continue implementing illegal policies. Time and time again, the justices have ignored the fact that the planning apparatus imposes an almost blanket prohibition on Palestinian construction with the object of enabling Israel to take over as much Palestinian land as possible. The report, Fake Justice: The Responsibility Israel’s High Court Justices Bear for the Demolition of Palestinian Homes and the Dispossession of Palestinians, is based on a careful examination of hundreds of High Court cases, judgments and decisions regarding the demolition of Palestinian homes in the West Bank. In none of these cases did the justices accept the arguments of the Palestinian petitioners.
In their ruling, Justices Amit, Meltzer, and Baron described an imaginary world with an egalitarian planning system that takes into account the needs of the Palestinians, as if there had never been an occupation. The reality is diametrically opposed to this fantasy: Palestinians cannot build legally and are excluded from the decision-making mechanisms that determine how their lives will look. The planning systems are intended solely for the benefit of the settlers.This ruling shows once again that those under occupation cannot seek justice in the occupier’s courts. If the demolition of the community of Khan al-Ahmar goes ahead, the Supreme Court Justices will be among those who will bear responsibility for this war crime.
On 17 June, a new military order removing any option for Palestinians to challenge demolition orders against their homes will go into effect. This is a new phase in Israel’s planning and building policy in the West Bank, which is aimed at denying Palestinian development and taking over land for Israeli needs. Removing the façade of judicial review over demolitions indicates Israel’s plan to accelerate dispossession and a conviction that it will not be called to task over this either internationally or locally.
At about 10:00 o’clock on the morning of Wednesday, 7 February 2018, Jerusalem Municipality inspectors arrived at the neighborhood of Wadi Yasul in Silwan with a bulldozer and a Border Police escort. They demolished the home of a Palestinian family of six, including four minors.
For years, Israel has been leading a policy aimed against Palestinian communities throughout the West Bank, with the intention of making the residents leave their homes and thus transfer the communities within the area. The policy is implemented tactically, so as to avoid blatant images of soldiers forcing Palestinians onto trucks. Instead, Israel invests efforts in making the lives of these residents unbearable, in order to get them to leave their homes as though of their own free will. The policy is not applied uniformly to all the communities, and ranges from harassment and preventing development to an explicit intention to expel entire communities. In any case, Israel’s goal is to minimize Palestinian presence in order to use the territory for its own uses, including expanding settlements. Following is a review of the situation of several communities that Israel explicitly declared its intention to expel.
On 4 Feb. 2018, at about 5:00 AM, Civil Administration officials and security forces arrived in the Abu a-Nawar community and demolished two buildings at the community’s school. The classrooms were used by some 25 children in the 3rd and 4th grades. The buildings were constructed with funding from the European Union and the Palestinian Authority at the end of September 2017. On 7 Oct. 2017 Civil Administration officials arrived in the community, accompanied by security forces, and confiscated the doors of these two classroom. A demolition order was placed in one of these buildings on 13 Dec. 2017, and the legal proceeding in their case is still pending. The demolition of educational buildings is one of the means Israel uses in its attempt to expel Palestinian communities from their homes, so that it can concentrate the residents in enclaves and use the territory for its own needs.
On Monday morning, 5 Feb. 2018, Civil Administration personnel and a Border Police force dismantled and confiscated a water pipeline that had served to irrigate the watermelon patch in Khirbet a-Sakut in the northern Jordan Valley. At around 4:00 P.M. that day, the troops went to the community of Khirbet Um al-Jamal and confiscated four tents that served as the homes of nine people, including six minors. The confiscated tents were funded by a humanitarian aid organization after the Civil Administration demolished tents in the community in 2014.
Since 9 Nov. 2017, the military has restricted movement in four communities in the Masafer Yatta region of the South Hebron Hills, which are home to some 600 people. The roads connecting the communities and leading to the main road have been blocked off, forcing residents to walk a fair distance to the main road. These communities have been suffering incessant harassment for decades: Israel will not allow them to connect to infrastructure and repeatedly demolishes their homes, in an attempt to drive them out of the area.
Israel’s regime of occupation is inextricably bound up in human rights violations. B’Tselem strives to end the occupation, as that is the only way forward to a future in which human rights, democracy, liberty and equality are ensured to all people, both Palestinian and Israeli, living between the Jordan River and the Mediterranean Sea.