This is the home of Salim and Arabiya Shawamreh in Anata, which is located in ‘Area C’ (full Israeli control) northeast of Jerusalem. Their house has been demolished four (4) times by Israeli authorities and the Supreme court has ruled that it has to be demolished a fifth time. The structure has become a symbol of resistance against Israel’s house demolition policies as the residents have repeatedly reconstructed it in defiance of the Israeli government.
One of the main arguments used by the Shawamreh family is that the Fourth Geneva Convention forbids an Occupying Power from extending its law and administration into an occupied territory. Remember, Israel has exactly ZERO title to any of the land it acquired in the course of the June-1967 war, which includes all of the West Bank. So the process of granting or denying housing permits to Palestinian families living on their own land in the West Bank is, in itself, illegal under international law. Article 53 of the 4th Geneva Convention states that “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. Phase 1 of the Roadmap reaffirmed international law by requiring a halt to the demolition of Palestinian houses and infrastructure. Israel has continuously ignored the laws set forth by the international community and has demolished about 24,000 Palestinian homes since 1967. Using international law to fight the Israeli legal system is virtually impossible, because the GOI (Government of Israeli) doesn’t even recognize its occupation of Palestinian land.
The process of applying for a building permit is extremely grueling and Israel intentionally withholds permits from Palestinians. Palestinians must pay 5,000$ each time they apply for a building permit regardless of whether it is approved or not. If a demolition order is placed on a house the residents must demolish it themselves or face fines and imprisonment.
In June (2009) the Israeli Supreme Court rejected the Shawamreh family’s second appeal to have a 17-year old demolition order on their home repealed. The Shawamreh family was also denied issuance of a building permit and, as a result, their house is slated to be demolished for a fifth (5th) time. Israel is using a 1942 British-era plan, RJ-5, – which states that the entire southern portion of the West Bank is “agricultural land,” – to justify its rejection of housing permits to Palestinians. Ironically, Israeli authorities have approved numerous Israeli settlements on the same “agricultural” land. So it appears RJ-5 is being used selectively as a tool to push Palestinians off of their land.
The house has gained a lot of publicity from Palestinians, Israelis and international activists. As a result, the Israeli Civil Administration declared in an interview in Haaretz (Israel’s most respected newspaper) that the Shawamrehs would get a permit if they provided two missing signatures on their deed of ownership. In the end, the Civil Administration refused to reveal what signatures were missing and claimed that they lost the Shawamreh file altogether. The Shawamreh family argued that all legal channels of remission were closed to them and that they had shown ‘good faith’ to the Israeli authorities. The judges rejected this argument and accused the Shawamrehs of ‘unclean hands’ for rebuilding their home four times without a permit. They were fined $2,000 for bringing the case to court.
There is also a tremendous emotional toll on the family following the demolition of their home. Salim told us that his children no longer trust him to keep them safe and protect their belongings. When his children see their house getting demolished and their father being arrested, it is difficult for them to have confidence in him.
The Shawamreh’s no longer live in the house; it is now known as Beit Arabiya. It serves as a meeting place for Palestinians, Israelis and international activists. By turning the house into a cultural center Israel is less likely to carry out a house demolition on it. Here is a picture of Salim Shawamreh in Beit Arabiya:
Source: Israeli Committee Against House Demolitions
