Written by: Averroes
(1.0) Introduction;
(1.1) Where is Sheikh Jarrah?
Sheikh Jarrah is a neighbourhood in the Arab part of East Jerusalem, centered in the Wadi. Sheikh Jarrah forms part of the Holy Basin, that circumferences the Old City, together with Silwan and Mount of Olives.
The place nestles the American Colony Hotel, the Orient House, the Palestinian National Theatre and the tomb of Simon the Just (Julia Sabine, a Roman Woman) and many consular missions.
(1.2) Hardships in Sheikh Jarrah
As of 2009, there are approximately 2,700 Palestinians living in Sheikh Jarrah.
The western area of Sheikh Jarrah was overruned by Israelis in 1948 and has seen intense further settlement until today. In 2008, Muhammad and Fawzia were evicted from their homes in the wadi by the Israeli settlers. Muhammad died eleven days after from a heart attack.
Fawzia remained firm, when she stayed in an empty lot near her home, fighting against the settlements. In 2009, similarly for Ghawi and Hanoun, they also lost their homes in the wadi. They brought action in the courts, while also being vigil, by setting up protest tents across from their homes.
(1.3) Situation now in 2021
It is ironic for the USA to condemn the violence of the Israeli police against Palestinian protestors. Recently, Washington released a statement which they expressed concerns about the expulsion of Palestinian families from occupied East Jerusalem of Sheikh Jarrah.
According to Palestinian Red Crescent, reports of 17 people, including one Palestinian paramedic were wounded in a peaceful demonstration across East Jerusalem. 90 Palestinians were wounded during a crackdown outside the Old City of Jerusalem.
Another 200 Palestinians were injured when Israeli forces assailed the Al-Aqsa Mosque and Temple Mount. Startlingly, According to UNICEF, even children were harmed with 29 Palestinian children injured and eight arrested in Israel's crackdowns on demonstrations.
(2.0) The Israeli intrusion
Due to the location's strategic importance, many Israeli settlors and organizations have gradually took steps to seize the land and property of innocent Palestinians. Some affected vicinities include, the Shepherd Hotel, Karm El Mufti, Kubaniyat Im Haroun Quarter and Karm Al Ja'ouni.
(2.1) Methods employed
Plethora of methods were implemented by the settlors, based on legal, administrative and institutional basis. Israeli court decisions allow settlors to claim the lands in Sheikh Jarrah. The courts affirmed the settlements, being lawful since it was already owned by the Jews, prior to 1948.
On one side, the rights of the Palestinian refugees were completely ignored by the courts. On 2nd August 2009, after a court ruling, 53 Palestinians including children were evicted from their homes. Their properties were confiscated to the settlors.
In the Israeli courts, Palestinian lawyers adduced Ottoman-period documents that the evidence by the Jewish Committees and Nahalat Shimon Company of ownership in Sheik Jarrah were ambiguous and the originality of their claims were suspicious.
The Legal and Administrative Matters (Regulation) Law 1970 allows Jewish owners before 1947 to claim property previously owned in East Jerusalem, but no legislation entitling the Palestinians in the same regards. It is biased and unjustifiable, as well as discriminatory.
The settlement activity is part of the Israeli illegal settlement policy in the Occuplied Palestinian Territory (OPT). They further solidify their claims by introducing the Basic Law, declaring Jerusalem the capital of Israel on 30th July 1980, complete and united, including the municipal boundaries. The UN Security Council and ICJ by votes considers the Basic Law to be null and void.
In July 2010, since Israel is committed to the International Covenant on Civil and Political Rights (ICCPR), the Human Rights Committee views the policies of OPT as violating to rights to non-discrimination, privacy and home, family life and that the removal of property, homes, schools were done without construction permits.
Freedom of Speech and Religion were violated, since demonstrations and mosques are always under monitor of the Israeli authorities. Israel also ratified the United Nations Convention on the Rights of the Child, which children were also subject to arbitrary powers and violence.
International Court of Justice (Advisory Opinion on the Wall 2004) supports the contention that East Jerusalem is occupied territory and illegally annexed by Israel. They do not have permanent powers, no sovereignty over the lands and is of only temporary administration.
(3.0) Disregarding International Law
(3.1) Illegal annexation
Despite rigorous settlements, the international community has condemned the ongoing settlements by Israel. The settlements counter against international humanitarian law. The Israelis defended that Palestinian lands were under their territory and municipal courts or boundaries.
In 1967, Israeli forces occupied the West Bank and unilaterally annexed 70.5km2 into the Jerusalem Municipality as under Section 11B of the Law and Administration Ordinance (Amendment No. 11) Law and given constitutional validation by the Basic Law as mentioned previously.
Now, Sheikh Jarrah is part of East Jerusalem. However, the annexation did not conform to international law.
(3.2) Colonization and brute force
The annexation was not recognized by UN member states as under UN Security Council Resolutions 252, 476 and 478. Moreover, under articles 46 and 55 of the Hague Regulations 1907, confiscation of private or public property in occupied territory by an Occupying Power is prohibited by International Law.
It is imperative to mention that the Hague Regulations are customary international law and so binding on all states, including Israel.
Since the lands were not legally part of Israel, they cannot assume they have jurisdiction over the lands, which violates article 43 of the Hague Regulations 1907, for Occupying Power to respect the law in force of occupied territory and responsible for local population's safety.
Observing article 49 of the Fourth Geneva Convention, an Occupying Power who transfers their people into a territory they occupy is illegal, which the UN Security Council Resolution 465 (1980) affirms.
Additionally, article 147 of the Fourth Geneva Convention states that, "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly."
Israel ratified all the four Geneva conventions on 6th July 1951. However, Israel refutes the application of the Fourth Geneva Convention on the OPT policy as it de jure recognizes the West Bank and Gaza Strip as part of Jordan and Egypt respectively.
Though, the Fourth Geneva Convention is supposed to be applicable in any occupied territory in the event of armed conflict, which rebuts Israel's argument.
Noting that Israel is committed to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Since Israeli settlors are evicting Palestinian homes, they have to abide by International law and use force as the last resort.
This is contradictory, since Israeli police exerted unnecessary force in evicting and demolishing houses, obstructing roads, separating family members and handcuffed children with plastic. The aftermath was that many had become homeless.
(4.0) Effect on the Palestinians
If this brazen act were to continue, it would incur a long-term effect onto Palestinians. This encompasses issues of physical, social, economic and emotional impacts upon forced evictions. The settlement increases harassment and military presence, threatening defenseless Palestinians. Hence, there are housing crises and homelessness.
Evictions causes family separations, long period of instability, reduced living standards and reduced access to basic needs, such as water, education and health. Children would be bereaved of their future!
In contrast to Jewish settlements in West and East Jerusalem, Palestinians have feeble qualities of roads, no street cleaning, poor sewage and weak public services and mismanaged public areas. Despite annexation, the Palestinian areas are not even afforded proper budgeting.
Many of the historical sites and buildings in Sheikh Jarrah are being demolished. These cultural heritage values is undermined by the conceited efforts by the settlors without grief. Many of the historical places, cities and streets in Arabic are converted to Hebrew.
Arab areas are being urbanized for the purposes of housing, national parks and tourists sites. This is a radical step to de-Palestine, not just Sheikh Jarrah, but the whole of the West Bank and green zones. Green zones are areas which the Jerusalem Municipality declare certain un-expropriated areas as green zones, to hamper Palestinian development and growth, which the settlors can ripe later.
(5.0) Legal Solutions
Parties (countries) that sign the Geneva Convention 1949 are expected to uphold their obligations as under article 1 to ensure respect of the provisions as under the Conventions. Countries will take steps to compel Israel to comply with the convention's obligations and to have a truce. Countries could opt to sever diplomatic and economic ties with Israel as to pressure them to refrain their actions.
Also, the Geneva Convention 1949 under article 146 and 147 provides that state parties must enact legislation for punishment to grave breaches of the Geneva Conventions. For instances, the United Kingdom enacted the Geneva Conventions Act 1957, where grave breaches committed anywhere in the world was the same as committed in the UK.
This was the case, when in 2005, Major General Almog of Israel's Southern Command was able to escape arrest when he landed in the UK after an arrest warrant against him. Hence, Israeli's involved in the evictions and illegal settlements who are in other countries should be prosecuted.
However, this would prove to be difficult since not all the countries in the world recognize Palestine. Some even have close ties with Israel, which they are reluctant to take further action against. As of now, only international condemnation are done, which have been the generic method for the past decades.
References;
Hammami, R. (n.d) The Exiling of Sheikh Jarrah. https://www.palestine-studies.org/sites/default/files/jq-articles/51_The_Exiling_of_Sheikh_Jarrah_1_0.pdf
learned a lot today....mainly about Geneva Convention,...best
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