Jerusalem: Caught between International Resolutions and the Occupation
By MIFTAH
March 05, 2005
New Page 2
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?
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