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07 November 2010 By Stephen
Lendman Israeli settlements are illegal
under international law, including Fourth Geneva's
Article 49 stating: "Individual or mass forcible
transfers, as well as deportations of protected
persons from occupied territory to the territory of
the Occupying Power or to that of any other country,
occupied or not, are prohibited, regardless of the
motive." In addition, various UN
resolutions (including 446, 452 and 465) condemned
Israel's settlement building, declaring they have "no
legal validity" to exist. However, they do and
regularly expand, endangering all Palestinian
communities, Sheikh Jarrah one of many and their
longstanding residents. A predominantly East Jerusalem
Arab neighborhood, it's home to about 2,800
Palestinians as well as diplomatic missions and
well-known landmarks. However, because of its
strategic location, settlers want it, and have
encroached for years. So far, over 60 Palestinian
families have been dispossessed. Another 500 are at
risk. The UN Office for the
Coordination of Humanitarian Affairs (OCHA) published
an October report titled, "The Case of Sheikh Jarrah,"
explaining the growing threat, saying it's "of serious
humanitarian concern." Settlers have used different
methods to encroach, including: (1) taking over land or property
confiscated or expropriated by Israeli authorities,
one way, among others, under the 1950 Absentee
Property Law (ABL) defining absentees as: "a person who, at any time during
the period between (November 29, 1947) and (May 19,
1948) has ceased to exist (and no longer) was a legal
owner of any property situated in the area of
Israel...." In other words, Palestinians
fleeing for their lives became "absentees" with no
legal right to land and property Israel wanted to
steal. (2) giving settlers land
designated "public" or "state" for environmental,
historic or religious reasons. (3) using Israeli law (denied
Palestinians) to pursue alleged Jewish ownership of
land or property prior to 1948. (4) buying land through
intermediaries as well as through a process involving
threats, deception, false depositions, or forged
documentation, complicit courts cheating Palestinian
owners. An earlier article on theft of
Palestinian land and property can be accessed through
the following link: http://sjlendman.blogspot.com/2010/01/israeli-theft-of-palestinian-property.html What began incrementally has now
intensified through forced evictions, at times
involving home demolitions and state-sponsored
violence. Sheikh Jarrah areas below have been
especially affected. (1) Karm Al Ja'ouni/Tomb Quarter
where over 60 Palestinian families have been forced
from their homes since late 2008. Evictions followed
lost legal disputes over ownership, Jews invariably
prevailing over Palestinians. Afterwards, settlers
moved in, and according to plans submitted to the
Jerusalem Municipality, they'll demolish the entire
area for a new settlement, meaning all Arabs will be
illegally dispossessed. Over 300 are at risk, mostly
refugees in UNWRA-sponsored housing since 1956 after
fleeing from their homes in 1948. So far, eight
extended families got eviction notices. More are
coming. As a result, the affected neighborhood has
sharply deteriorated, partly from frequent
police-backed settler - resident clashes. Since August
2009, Israeli and international activists have
participated in demonstrations, supporting Palestinian
rights. Many have been injured, harassed, arrested
and/or detained. (2) In Kubaniyat Im Haroun, a
protracted legal battle ended in September 2010 after
Israel's High Court ruled for settlers, bogusly
claiming pre-1948 ownership of Palestinian land. The
decision means more forced evictions are coming
because Jews nearly always prevail. (3) Originally owned by the
Husseini family, Israeli authorities expropriated the
Shepherd Hotel and adjacent land in 1967, selling it
in 1985 to Jews. They now plan a new 90 housing unit
settlement. At least 20 so far have been approved, the
others a fait accompli. (4) Named after its former owner,
the Mufti of Jerusalem, the Karm el Mufti olive grove
was expropriated by Israeli authorities, later
transferring it to the Ateret Cohanim settler
association. Although zoned a green area, restricting
construction, settlers began a process to build 250
housing units most likely to be approved. (5) In 2009, the Jerusalem
Municipality granted the fundamentalist Gush Emunim
(Bloc of the Faithful) movement a permit to build a
three story office/conference center for their planned
Amana headquarters. Construction will be on
expropriated Palestinian land, adjacent to Sheikh
Jarrah's St. Joseph Hospital, despite objections from
area residents. (6) Additional stolen land next
to the Al-Hayat Medical Center will be used for a
Jewish religious/educational center, funded by
Canadian Jews. The fate of Sheikh Jarrah's
Hanoun and Al Ghawi families are typical. In August
2009, Israeli police forcibly evicted them.
Fifty-three Palestinians, including 20 children were
dispossessed, their homes seized, their property
loaded on trucks, then dumped on a street near UNWRA's
headquarters. Besides losing everything, they now face
high legal bills, fines and other charges, including
for their own evictions, a shocking contempt for law
and justice. Many others have been similarly
affected. In 2009, at least 380
Palestinians, including over 90 children, were
forcibly displaced in East Jerusalem. Another 190,
including over 85 children, were also affected.
Moreover, other residents face at least 1,500
demolition orders, their lives to be harmed like the
Hanoun and Al Ghawi families. As a result, Palestinian
neighborhoods are being incrementally destroyed, their
residents discarded like yesterday's garbage. The humanitarian concerns are
overwhelming, dispossession having immediate and
longer-term physical, social, economic, and emotional
consequences on families, neighborhoods and
communities. Moreover, depriving people of their main
asset and displacing them disrupts their livelihoods,
reduces their standard of living, increases their risk
for poverty, and limits their access to basic services
like water, education and health care. Forced evictions combined with
expanded settlements also restrict free movement, and
increase settler intimidation and harassment, at times
causing injuries or deaths. After similar developments
in Hebron's H2 area, over 1,000 Palestinians lost
homes and over 1,800 commercial businesses had to
close. Under recognized international
law, these are grievous violations. Yet Israel lets
Jews claim land and property illegally, by alleging
they owned it before 1948. Palestinians, however, have
no equivalent right to land and property in Israel,
legally theirs before being forcibly expelled during
Israel's War of Independence. With no enforcement authority,
OCHA urges an immediate end to evictions, home
demolitions, and dispossessions, as well as returning
families to land and property they own, citing
international humanitarian law. Israel, of course, ignores
international law, its own as well when it comes to
Arabs, remaining defiant because no one intervenes. As
a result, Palestinians remain victimized, yet struggle
heroically for their rights and dignity, refusing ever
to stop until justice they rightfully deserve is
achieved. On October 21, the Gisha Legal Center for Freedom of Movement obtained documents on Gaza's closure and isolation policy, 18 months after their existence was denied. In early 2009, Gisha filed a Freedom of Information Act petition "demand(ing) transparency regarding the Gaza closure policy." Israel still withholds information on its amended guidelines, established after the Flotilla massacre. It's now known, however, that Israel imposed "a policy of deliberate reduction" of essential goods to Gaza, including food, medical supplies, fuel for electricity, and much more. In addition, guidelines dictated a "lower warning line" to notify about expected shortages in advance. At the same time, however, it was ignored. Moreover, an "upper red line" was set above which humanitarian goods could be blocked as part of state policy to suffocate 1.5 Gazans. In early 2006, Prime Minister Ehud Olmert advisor Dov Weisglass explained saying, "The idea is to put (Gazans) on a diet, but not to make them die of hunger." In other words, make them suffer enough to reject Hamas or force its officials to accede to Israeli demands, giving up hope for equity and justice. After the May Flotilla massacre, Israel eased closure modestly, but hardly enough to matter. According to Gisha Director Sari Bashi: "Instead of considering (legitimate) security needs, on the one hand, and the rights and needs of civilians living in Gaza, on the other, Israel banned glucose for biscuits and the fuel needed for regular supply of electricity - paralyzing normal life in Gaza and impairing the moral character of the State of Israel. I am sorry to say that major elements of this policy are still place." Israel is a lawless rogue state, its Gaza closure policy Exhibit A.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening. http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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