It is worth noting that Military Order No. 1797 that came into effect, has granted the authority to construction monitors that belong to the so called "Israeli Civil Administration" , to issue instructions/orders to remove any new building, unless the owner submits a building permit within 96 hours, noting that building permits are considered a real dilemma for Palestinians and if granted by the Israeli Authorities, it would go through a lengthy hectic process that consumes several months and perhaps years before final approval.
The Military Order No. 1797,........Nature & Consequences
This military order was issued on 17/4/2018, and considered a fundamental tool for strengthening the grip of the Israeli occupation on the areas called “C”. It is considered part of the Israeli occupation's regulatory system that is in absolute contradiction with the Jordanian Law that is applicable locally for Building & Urban Planning Regulation, which is still applicable in the occupied Palestinian territories from the perspective of the International Law.
The Israeli occupation sees areas classified “C” as a strategic target for the colonial expansion. This was clearly demonstrated in the plan proposed recently by the Israeli Minister of War, to tighten the control of the Israeli occupation state over these areas, and in the same time, to expel Palestinians from these areas and allocating the land for the Zionist colonial expansion.
The revealed part in this plan is what Yisrael Hume newspaper disclosed on Dec 19, 2019, when the Israeli Minister of War held several meetings with the co called “Military brigadiers of the Central Region”, “the Coordinator of Government Actions” and the “Representatives of the Security Services”, to set goals to change the so-called "priority of implementation" of the so called "Israeli Civil Administration. This plan requires the complete halt of Palestinian construction in areas classified “C” in a 2-year period.
To implement the above-mentioned plan, it was necessary to issue and adopt this Military Order No. 1797 to be the primary tool for implementing this plan, and did not come in the context of supplementing the Building & Urban Planning laws, but rather to serve as the primary Israeli occupation's colonial tool necessary for the implementation of this colonial plans in areas called “C”, in preparation for annexing the entire area by "Israeli occupation state".
Prior to the issuance of this military order, it was possible for Palestinians to challenge military demolition orders that are issued by the executive arm of the occupation state, called “Israeli Civil Administration”.
Submitting petitions and objections against demolitions by Palestinians was possible prior to the issuance of this military order, according to the Building & Urban Planning laws, where license applications and detailed construction plans are usually submitted for the so called "military committee for building and planning", and for Israeli courts. Although the majority of these license applications were usually rejected but still serve as the only tool used by Palestinian citizens to confront demolition orders.
Subsequent to issuance of this military order and its implementation on 17/6/2017, it becomes almost impossible to object against the demolition orders. As a result of this Israeli escalation, Palestinian citizens were literally prevented and deprived from any legal possibility to challenge demolition orders before Israeli courts.
The above mentioned military order was considered legal and applicable by the "Israeli Supreme Court" on 30/04/2019, in its response to petitions submitted by Human Rights Organizations and by Palestinian citizens, as the court also claimed that the military system of laws pertaining construction and planning are no longer valid specially with the intensive Palestinian construction in recent years.
The provisions of the new military order give power for the so called "Israeli Civil Administration" to demolish and remove any new building or structure, for both completed and under construction facilities built within the last six months from the court's decision.
The military order stipulates that owner of the intended real-state/ property has to submit a building permit/license, or in case the intended property has no license, the owner has only 96 hours to issue a building license; otherwise the intended building will be demolished, noting that majority of licensing application are usually rejected and if approved, it would take several months or even years before final approval.
Regarding the petitions submitted against this military order, the court justifies its rejection by claiming that the military order came to confront the rapidly increased Palestinian construction, and in support of the colonial building system in the occupied Palestinian territory.
The so called "Israeli Supreme Court" proves once again that it is a fundamental part of the occupation regime and its legislation, and that it complements the colonial goals of the occupation government that consider the Palestinian areas called “C” as part of the so called "land reserve" for the Israeli occupying state, and as we mentioned earlier, the Israeli war minister's plan was deliberately designed to control the areas called “C” which constitutes 60% of the total area occupied in 1967. The aforementioned military order came to serve this goal and its application will prevent any new Palestinian construction in these areas, as the successive Israeli governments have refused the building of any new Palestinian city or community despite the natural demographic growth of Palestinians and urgent need for establishing new cities and communities.
According to the Israeli statistics, the area called “C” is inhabited by 200,000 Palestinians in 25 recognized villages and hundreds of unrecognized communities according to the Israeli occupation perspective.
The Israeli plan developed by the war Minister aims at controlling the total area called “C” and eliminating any Palestinian presence in these areas. According to the Israeli statistics, the number of under construction buildings in these areas is approximately 1000 building. The military order 1797 came as a solution and tool to demolish these Palestinian buildings/houses.