Since the occupation of Jerusalem in 1967, consecutive Israeli governments have succeeded in changing the features of the city with the goal of consolidating the Jewish presence in it, at the expense of the Palestinians. In this context of judaizing the Arab city, Israeli occupation governments have issued several laws that support this policy, including:
- Annexing the city and expanding its municipal boundaries by annexing 70 square kilometers (70,000 dunums), in addition to annexing 28 neighboring villages in the Jerusalem district to Israel. Consequently, the area of the city is now 108 square kilometers, i.e. 28% of West Bank lands.
- On June 28, 1967, Israeli occupation forces issued a law designating Jerusalem as their capital.
- Immediately after occupying the city, Israeli occupation forces conducted a population census. They counted 66,000 Palestinians residing in the holy city who were considered permanent residents, according to Law of Entry to Israel of 1952.
- More than 2,000 houses have been demolished in Jerusalem since the Israeli occupation of the city, according to reports by the Israeli human rights organization, B'tselem.
- During the early years of the occupation, Israeli occupation forces confiscated some 25,870 dunums of land in Jerusalem, according to the UN Human Rights Commission's report of November 1980.
- Between 1967 and 1996, 23,500 dunums of land in Jerusalem were confiscated as part of the so-called Law of Zoning Land and Public Acquisition of 1943 (according to B'tselem, Policy of Racism, Jerusalem, 1995).
- On June 30, 1980, the Israeli government re-affirmed its annexation of Jerusalem and declared it as its eternal and undivided capital.
- In 1993, (the year the Oslo Accords were signed) Israel imposed its closure on Jerusalem, thus prohibiting Palestinians of the West Bank and Gaza from entering the city.
Regarding settlement activities, Israeli occupation forces established several settlement blocs around Jerusalem in an attempt to isolate it from its Arab surroundings. In the context, Israeli occupation forces established ‘Ramot Eshkol’ in 1968 on Lifta lands; ‘Mount Scopus’ in 1968 on the lands of Shu'fat, Issawiya and Al-Tur; ‘Givat Shapira’ in 1968 on the lands of Shu'fat and Issawiya; ‘Atarot’ in 1970 on lands of Qalandia and Beit Hanina; Gilo in 1971 on Sharafat, Beit Jala and Malha; ‘Neve Ya'acov’ 1972 in Hizma Beit Hanina; ‘Ramot Allon’ in 1973 in Beit Iksa, Lifta and Beit Hanina; ‘East Talpiot’ in 1973 in Sur Baher; ‘Pisgat Ze'ev’ in 1985 in Hizma and Beit Hanina; ‘Givat Hamatos’ in 1991 in Beit Safafa and Beit Jala; ‘Har Homa’ in 1991 in Um Tuba and Sur Baher; and ‘Rekhes Shu'fat’ in 1994 in Shu'fat.
Moreover, the Israeli Jerusalem Municipality is now preparing a new structural plan for Jerusalem. One objective of the plan is to restrict the existence of the Arab population in the city and hinder Palestinian natural growth, while increasing the Jewish majority.
In addition, there is also the closure of Palestinian institutions by Israeli authorities, such as the Orient House, in an attempt to eliminate any Palestinian institutional presence in the future capital of the Palestinian state.
Meanwhile, Israel is launching an economic war against Jerusalemites which is represented in the various kinds of high taxation. Also, there is the policy of confiscating Palestinian Jerusalemite IDs in addition to the restrictions on Palestinian construction in the city. There is no doubt that all of these policies result in more pressure on Jerusalem residents. Israel, whose goal is for Jerusalem to become a purely Jewish city, is trying by all means to force Jerusalemites to leave their home.
In contrast to the laws of the Israeli occupation are those issued by the United Nations, which reiterate the illegitimacy of Israeli measures and actions in Jerusalem and reaffirm the illegality of settlement activities in occupied Palestinian territories including Jerusalem. These include:
- On July 7, 1967, the UN General Assembly (GA) adopted Resolution 2253 which "calls upon Israel to rescind all measures already taken and to desist forthwith from taking any action which would alter the status of Jerusalem." Resolution 2254, which was issued on 14 July 1967, reiterates its call on Israel in Resolution 2253 "to rescind all measures already taken and to desist forthwith from taking any action which would alter the status of Jerusalem."
- On November 15, 1980, the GA adopted Resolution 35/169 (A-E), which "demands the complete and unconditional withdrawal by Israel from all the Palestinian and other Arab territories occupied since June 1967, including Jerusalem, in conformity with the fundamental principle of the inadmissibility of the acquisition of territory by force".
- On April 28, 1982, the GA issued Resolution No. ES-7/4 which condemns Israel, the occupying power, for the ''violation of the sanctity of the Holy Places, particularly of Al-Haram Al-Sharif, in Jerusalem;" and "shooting and killing and wounding of worshippers in the precincts of Al-Haram Al-Shareef by members of the Israeli army on 11 April 1982”.
- On December 19, 1983, the GA adopted Resolution 38/180, which "declares all Israeli policies and practices of, or aimed at, annexation of the occupied Palestinian and other Arab territories, including Jerusalem, to be illegal and in violation of international law and of the relevant United Nations resolutions." This issue has been supported by several subsequent GA resolutions, such as 39/146 (14 December 1984); 40/126 (16 December 1985); 41/162 (5 December 1986); 42/209 (4 December 1989); 45/68 (6 December 1990); 45/83 (13 December 1990), and others.
- In July 1997, the GA adopted Resolution ES-10/3 which reaffirms that "all illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory, especially settlement activity, and the practical results thereof cannot be recognized, irrespective of the passage of time;" and "reiterates the demands made in resolution ES-10/2, in particular for the immediate and full cessation of the construction of a new settlement at Jabel Abu Ghneim, to the south of Occupied East Jerusalem, and of all other Israeli settlement activities, as well as of all illegal measures and actions in Jerusalem;" and demands that Israel, the occupying Power, "immediately cease and reverse all actions taken illegally, in contravention of international law, against Palestinian Jerusalemites."
- On October 20, 2000, the GA adopted Resolution ES-10/7 which "condemns the violence that took place on 28 September 2000 and the following days at Al-Haram Al-Sharif and other Holy Places in Jerusalem as well as other areas in the Occupied Palestinian Territory, resulting in the deaths of over 100 people, the vast majority of whom were Palestinian civilians, and many other casualties;" and "reiterates that Israeli settlements in the Occupied Palestinian Territory, including Jerusalem, are illegal and are an obstacle to peace, and calls for the prevention of illegal acts of violence by Israeli settlers."
- On May 17, 2004, the GA adopted Resolution No. 58/292 which "affirms that the status of the Palestinian territory occupied since 1967, including East Jerusalem, remains one of military occupation, and affirms, in accordance with the rules and principles of international law and relevant resolutions of the United Nations, including Security Council resolutions, that the Palestinian people have the right to self-determination and to sovereignty over their territory and that Israel, the occupying Power, has only the duties and obligations of an occupying Power under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 and the Regulations annexed to the Hague Convention respecting the Laws and Customs of War on Land, of 1907."
On its part, the UN Security Council (SC) adopted several resolutions regarding Jerusalem, including:-
- Resolution 250, which was adopted on April 27, 1967, by the SC and "calls upon Israel to refrain from holding the military parade in Jerusalem which is contemplated for 2 May 1968." It was followed by Resolution 251 on May 2, 1967 which "deeply deplores the holding by Israel of the military parade in Jerusalem on 2 May 1968 in disregard of the unanimous decision adopted by the Council on 27 April 1968."
- On May 21, 1968, the SC adopted Resolution 252 which "considers that all legislative and administrative measures and actions taken by Israel, including expropriation of land and properties thereon, which tend to change the legal status of Jerusalem are invalid and cannot change that status;" and "urgently calls upon Israel to rescind all such measures already taken and to desist forthwith from taking any further action which tends to change the status of Jerusalem." These issues were also supported by SC Resolution 267 which was issued on July 3 1969 and Resolution 298 of 25 September 1971.
- On August 20, 1980, the SC adopted Resolution 478 which "determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent "basic law" on Jerusalem, are null and void and must be rescinded forthwith".
- On October 12, 1990 SC Resolution 672, "expresses alarm at the violence which took place on 8 October at the Al Haram al Sharif and other Holy Places of Jerusalem resulting in over twenty Palestinian deaths and to the injury of more than one hundred and fifty people, including Palestinian civilians and innocent worshippers," and "condemns especially the acts of violence committed by the Israeli security forces resulting in injuries and loss of human life," and "calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention, which is applicable to all the territories occupied by Israel since 1967."
- On September 28, 1996, following the digging of a tunnel under the Old City, the SC adopted R1073 which "calls for the immediate cessation and reversal of all acts which have resulted in the aggravation of the situation, and which have negative implications for the Middle East peace process;" and for the safety and protection of Palestinian civilians to be ensured;" and "the immediate resumption of negotiations within the Middle East peace process on its agreed basis and the timely implementation of the agreements reached."
Meanwhile, there are several UN resolutions that support the application of the Geneva Conventions in Palestinian territories including occupied Jerusalem. Among the resolutions are: 237 (1967), 259 (1968), 271 (1969), 446 (1979), 452 (1979), 465 (1980), 480 (1980), 592 (1986), 607 (1988), 694 (1991), 799 (1992), 904 (1994) and 1322 (2000).
To date, only Israeli law has been applied in the city, and despite the many UN resolutions pertaining to Jerusalem, they have never been applied by Israel or enforced by the international community, in contravention of international law. The nature of the special alliance between the USA and Israel has been regarded as an obstacle towards enforcing Israeli implementation of various UN resolutions.
Accordingly, the Israeli cabinet approved the new course of the Separation Wall on February 20, 2005, which entails the confiscation of 7% of the West Bank and the annexation of the settlements of Ma'ale Adumim, Gush Etzion, south of Jerusalem and parts of Ariel in Nablus. However, it should be mentioned here that before this government decision, settlements formed only 2% of the West Bank. Moreover, there are new Israeli intentions to establish new settlements and housing units to absorb the settlers slated for evacuation from Gaza.
Still, there is no one who can guess what decisions or measures Israel may adopt tomorrow in order to impede the establishment of a contiguous and viable Palestinian state.
It is apparent that the Israeli occupation has so far enjoyed a free hand in its actions, without fear of any international deterrent. There has been an absence of any genuine international will to bring justice to the Palestinians and of any effective Arab role in the international arena.
It is regretful that the international community succeeded in dividing the land of historical Palestine to establish a national home for the Jews, but has failed, for 58 consecutive years since adopting Resolution 181, in supporting the establishment of a Palestinian state on only one-third of this land.
Today, the question remains: if Palestinians are finally granted justice, will there be enough resources and land left for them to establish their independent, contiguous and viable state?
Believing in Jerusalem
Date posted: May 27, 2013
By Joharah Baker for MIFTAH
Last week, Israel barred a UNESCO fact-finding mission from entering the country, charging that the Palestinians had ‘politicized’ the mission before it had even arrived. The mission was tasked with looking into conditions of historical sites in the Old City of Jerusalem, something Israel apparently found to be very threatening.
Looking at the state of Jerusalem’s eastern sector today, it is understandable why Israel would not want UNESCO or anyone else walking around the Old City, especially the Palestinian-populated parts of it. Because anyone who does, will see the devastation that Israel and its settlers have wreaked on one of the oldest and most beautiful cities in the world.
Excavation works are being conducted in and around the Aqsa Mosque to make way for more Jewish construction at the place where Waqf authorities say Ottoman and Abbasid artifacts have long been tucked away. A Muslim graveyard is being dug up just outside the Old City’s Jaffa Gate, to build – ironically – a museum of tolerance. Today, two stores were forcefully taken over by Jewish settlers in Al Hakari, one of the neighborhoods in the Muslim quarter and every day, it seems that more and more homes are either being demolished by Israeli municipality authorities or being taken over by Jewish settlers.
The “Judiazation” of Jerusalem is a term many Palestinians and Arabs use for what Israel is doing in the city. In a nutshell, it is the long-term plan Israel is gradually carrying out to change the Arab Palestinian character of Jerusalem. This means demolishing old and historical structures, displacing Palestinians, handing over their homes to settlers and trying to erase the Palestinian or Arab history of the city.
The sad truth is that, on the surface, Israel has succeeded in this to a large extent. Pockets of Jewish settlers now live in the heart of Muslim quarters and aim to take over more and more. Sheikh Jarrah, one of the more affluent Palestinian neighborhoods of Jerusalem, is now pierced with Jewish flags waving from homes that have been wrestled from their Palestinian owners, and Israel’s light rail train cuts right down through Palestinian neighborhoods outside of the city center. The train, of course, is not meant to service the Palestinian population but rather to connect Jewish neighborhoods and settlements in the city, but the area confiscated from Shufat and Beit Hanina for its construction simply fell into the plan.
What the UNESCO mission would not have seen even if they made it into the Old City is the overall humiliation that the Palestinian population of Jerusalem must endure on a daily basis because of Israel’s military occupation. Trips to the Israeli ministry of interior must be made just to prove that one lives in the city for fear that their residency rights may be revoked; young Palestinian men are stopped randomly by Israeli soldiers to check their ID cards or just to harass them, and settlers are always given the luxury of maximum security whenever they walk the streets. If settlers want to march through the city, the Palestinians are told to close their shops, are barred for hours from reaching their homes if they run along the path of the march and are always the ones blamed if any kind of confrontation between the two sides breaks out.
Jerusalem is being squeezed by these measures more and more each day. But there is always that glimmer of hope, that strength that shines through proving that all is not lost. On Shavuot, Israeli settlers and extremists poured into the Old City, singing loudly, banging on the shop doors and waving huge Israeli flags. The sight was disconcerting to say the least. However, the afternoon of that same day, at Damascus Gate, passersby were met with a completely different scene. Palestinian flags waved in determined Palestinian hands under the threatening eye of heavily armed Israeli police and soldiers. The youths were fearless, demanding freedom, with strong, unrelenting voices.
The sight of the Palestinian flag waving at the entrance to Damascus Gate was a breath of fresh air. All is not lost and never will be because hope is eternal and determination and strength come from a never-ending spring.
That day at Damascus Gate is what all Palestinians must keep in their minds’ eye in spite of the daily oppression of the occupation. No matter how many missions Israel bars from entering or how many houses it takes over, there will always be those brave souls who, despite the risks, will always raise Palestine’s flag.
Joharah Baker is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.
Let Mohammed rest in peace
Date posted: May 20, 2013
By Joharah Baker for MIFTAH
There is no point falling into the pit of countering the claims being made about the death of Mohammed Al Durra, the 12-year old boy from Gaza whose videotaped killing was seen around the world. The boy, crouching in fear behind is equally afraid father as bullets whizzed around them, was killed admittedly by the Israeli army. Later, the army recanted after investigating the tape, saying Durra was killed by Palestinian fire instead. Well now, Israel is changing its story altogether, saying he was not killed at all. In fact, he was probably not even wounded and the French channel that broadcast the footage and brought some pretty bad rap to Israel, had most likely filmed a charade.
The reason why I will not waste my time countering this claim is that even with the great lengths the Israeli government went to to prove that the boy was never killed, it could not provide any irrefutable proof that Mohammed Al Durra – who would be 25 now – is still alive. No pictures, no testimonies, no hospital or morgue officials giving statements to refute his death, have been provided. Only sketchy information about ‘poor quality footage’ and the fact that it seems as though the boy moved his arm after he had slumped over his father following the explosion.
My point is this: indeed, Mohammed Durra’s death was at least one of the catalysts that fueled the second Intifada, and thus, was an important event in the history of the Palestinians. However, more importantly – most importantly to me –is the fact that this is about a boy who died in sheer terror, with his distraught father futilely trying to shelter him from the barrage of bullets coming their way.
Mohammed Al Durra was a boy, with a life, a family and friends. He died a horrible death and now he is being made to die a second one. I did not know Mohammed or his family, but I can only imagine how awful it must be for them to read these claims now and feel the pain of losing their child all over again. If nothing else, this is disrespect for human life of the worst kind.
Some may postulate that the rehashing of the Durra case is a personal jab at the French cameraman who shot the footage, Charles Enderlin. Perhaps. But as a Palestinian who has seen the pain endured by numerous families who receive the horrible news that their sons or daughters have been killed by the Israeli army, my concern is for his family and for his memory. He should be left to rest in peace. If Israel has axes to grind with French journalists or with the international community for holding it accountable for its actions, then so be it. Israel is not lacking in the public relations department.
That being said, there is just one decent thing left to do. Leave Mohammed Al Durra and his memory alone.
Joharah Baker is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.
Recognition and justice is our demand
Date posted: May 13, 2013
By Joharah Baker for MIFTAH
This week Palestinians will commemorate Al Nakba, the catastrophe that befell the Palestinian people when Israel was founded. Every year, Palestinians hang placards pointing to the right of return, they carry keys symbolizing the homes they were forced to leave and could not return to and remember the Palestine that was lost to them 65 years ago.
This year will be no different. Every May 15, Palestinian recall their catastrophe and demand justice. They demand that they are granted the right of return for those who were made refugees virtually overnight and were then relegate to a life they did not choose. But more than anything, they demand recognition of the tragedy that befell them rather than a denial that it ever happened, or worse, that it was of their own making.
It has been 65 years since Israel was established in 1948, which means those who were cast into exile are either very old or have long passed. Those who experienced the Nakba are now few and far between, clinging to those few precious memories of a small garden in front of their house in Jaffa or of the salty smell of the sea in their neighborhood in Haifa. The rest of us are either descendants of these refugees or ordinary Palestinians who feel their cause is our cause because we are one people.
But the Palestinians have made one thing clear. The refugee issue will not die with the last refugee. It is felt nationwide, the loss, the injustice and the fact that those who were forced from their homes have mostly passed, longing for their beloved homes.
We cannot turn back time. What was lost has been altered, destroyed, changed or taken over by Israel’s newcomers. What we can do is hold on to the right to be recognized, for the injustice to be rectified in word and deed and for Palestine to never be lost in our minds or hearts.
Joharah Baker is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.
