Friday, August 12, 2016

No, France, Israel isn't violating international law - you are

The Elder of Ziyon:
From Times of Israel:

France on Thursday condemned Israel over last week’s demolition of several structures, funded by the French government, in a Palestinian village north of Jerusalem.

“France condemns the Israeli army’s destruction of several structures funded by France in the Palestinian village of Nabi Samuel (West Bank) on August 3,” the French government said in a statement.

“This is the third time that buildings funded through French humanitarian aid have been demolished or confiscated by Israeli authorities since the beginning of 2016, and notably follows the dismantling of a school in February.”

Paris also joined the US in denouncing the razing of three European Union-funded shelters in the West Bank on Tuesday, which it said constituted “a violation of international law.

“With several other EU projects destroyed south of Hebron, France expresses its deep concern over the accelerating rate of these demolitions and confiscations of humanitarian structures built for the Palestinian people in Area C,” it said. “We call on the Israeli authorities to end these operations, which are a violation of international law.
Who is violating international law?

If you assume - as France does - that Israel is a belligerent occupying power in Area C, then international law is clear: the existing legal system that was in place before occupation must remain in place as much as possible, except for very specific cases (where there is no adequate existing system, or for specific military reasons.)

I don't know all of the Jordanian laws in force in the West Bank before 1967, but here are some of the requirements in Jordanian law today needed before building a warehouse. Almost certainly most of these laws would apply to building a home or school, as the EU is doing in Area C, and a significant subset of these laws must have applied in 1967:
Receive soil examination by licensed engineering office
Obtain location (land use) permit
Obtain approval of project design drawings by the Engineering Association
Apply for building permit
Obtain project clearance on fire safety
Receive inspection by the City Development Department
Obtain building permit
Hire an authorized engineering office for inspections of the construction site
Apply for occupancy permit
Receive inspection of completed works from Civil Defense Directorate
Receive final approval from Civil Defense Directorate
Receive inspection of completed works from Greater Amman Municipality
Obtain occupancy permit
Apply for water connection
Receive water and sewerage inspection
Obtain water and sewerage connection
If the EU is not applying these procedures and obtaining the permits before erecting structures in Area C, then it is violating the law. One only has to glance at these EU-funded structures to see that they are simply plopped down on random empty land without any regard to zoning laws or permits.
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