By Mel Frykberg | Inter-Press Service, Sep 9, 2008
EAST JERUSALEM, – The Israeli government is attempting to Judaise Palestinian East Jerusalem, and maintain a Jewish majority against the demographic threat of a higher Palestinian birth rate.
To that end, the Israeli government is enforcing a number of policies aimed at establishing facts on the ground in order to limit the number of Palestinian residents in the city.
To make any future division of Jerusalem almost impossible, the Israeli authorities are applying a combination of strategies including limiting family reunification permits, redrawing Jerusalem’s municipal boundaries, enlarging Jewish settlements in East Jerusalem and establishing new illegal ones.
Under international law the Green Line divides Jewish West Jerusalem from Palestinian East Jerusalem. However, Israel has illegally occupied East Jerusalem since the 1967 Arab-Israeli war.
Last month Israel published tenders for the construction of 1,761 illegal housing units for Israeli settlers in East Jerusalem alone, according to the Israeli rights group, Peace Now.
Israeli human rights organisation B’Tselem says there are nearly 192,000 Israeli settlers residing illegally in 12 settlements in East Jerusalem.
Jerusalem municipality’s redrawing of the city’s municipal boundaries has incorporated the illegal settlements, while the building of the separation barrier, which separates Israel proper from the West Bank, has increased the number of Palestinians on the ‘wrong side’ of the barrier or wall, thereby further limiting a Palestinian presence.
According to conservative UN figures, about 25 percent of the 253,000 Palestinians living in East Jerusalem have been cut off from the city by the barrier.
“The Israelis are implementing the final plan to Judaise Jerusalem completely,” Suhail Khalilieh, head of the Applied Research Institute in Jerusalem (ARIJ) settlement unit told IPS.
“The plan began when Israel annexed East Jerusalem in 1967. The last stage of the plan involves the completion of the barrier with the specific aim of manipulating the demographics and limiting the balance of the Palestinian population to a mere 15-20 percent, with the remainder being Jewish,” said Khalilieh.
East Jerusalem is of particular importance to Palestinians because under international law it belongs to them and is designated the capital of a future Palestinian state. They also have significant cultural, religious, educational and business ties to the city.
Al-Aqsa Mosque, the second holiest Islamic site, as well as sites where Christ is said to have been buried and crucified are in East Jerusalem. Many Palestinians are Christian, even though they are a minority.
The Palestinian National Authority (PNA) is trying to address the future status of East Jerusalem, which it considers a red line issue, within the framework of final negotiations on a settlement of the Israeli-Palestinian conflict and the establishment of a Palestinian state.
But the PNA faces a task of Sisyphean proportions as Israel’s encroachment of East Jerusalem has steadily increased over the decades since 1967, when a third of the area was expropriated from individual Palestinian landowners during the annexation and used exclusively to build settlements.
The expropriation, in defiance of the Fourth Geneva Convention, was justified on the basis of classifying Palestinian-owned land as vacant or unused, as many Palestinians fled the war temporarily to neighbouring countries.
“Palestinians residing outside of Jerusalem for seven or more years lose their Jerusalem residency status unless they can prove Jerusalem residency within the municipal boundaries and the importance of the city in their daily life, which is imperative in order to keep their identity cards,” says B’Tselem.
This does not apply to Israelis in West Jerusalem.
According to UN figures, in 2006 at least 1,360 Palestinians had their ID cards revoked. This was five times more than in 2005, and more than in any previous year since Israel began occupying East Jerusalem.
In 2003, the Citizenship and Entry into Israel law was enacted, which denies spouses from the occupied Palestinian territories, who are married to Israeli citizens or permanent residents (Jerusalem ID card holders), the right to acquire citizenship or residency status, and thus the opportunity to live with their partners in Israel and Jerusalem.
As a result, thousands of married couples are forced to live apart from one another.
In Israel, foreign spouses who are Jewish are automatically granted citizenship under Israel’s Law of Return.
Furthermore, since 1982 the Israeli Interior Ministry has not permitted the registration of Palestinian children as Jerusalem residents if the child’s father does not hold a Jerusalem ID card, even if the mother is a Jerusalem ID cardholder.
Jerusalem’s urban planning too, has been fine-tuned to increase the Jewish population with tax incentives and massive investment in Jewish neighbourhoods, while severely restricting construction in Palestinian neighbourhoods to seven percent of East Jerusalem.
“However, even before Palestinians are permitted to build they need to obtain the requisite building permits which are both expensive and extremely difficult to obtain,” said Khalilieh.
Even if Palestinians are fortunate enough to get the permits, they are still restricted to building on only 25 percent of their land.
Again, these restrictions do not apply to Jewish residents of West Jerusalem.
Jeff Halper from the Israeli Committee Against House Demolitions (ICAHD) says there is currently a housing shortage of 25,000 units in East Jerusalem, and fewer homes means higher prices.
“Despite the housing shortage, Israel’s municipality grants Palestinians only around 150 to 350 work permits a year, yet demolishes 150 or more existing homes at the same time,” said Halper.
Houses built without permits are demolished by the municipality.
B’Tselem states that both Israelis and Palestinians build illegally, but that the response of the authorities is not equal. Palestinians account for about 20 percent of illegal construction, yet more than 75 percent of the demolitions are carried out on Palestinian homes.
“While demolitions carried out in Jewish neighbourhoods target either commercial buildings or additions to a house, in Palestinian neighbourhoods such demolitions leave entire Palestinian families homeless,” added the human rights group.
ICAHD further asserts that Palestinians face discrimination in regard to budgeting and taxation as well as essential needs like water, sewage, roads, parks, lighting, post offices, schools and other services.
The PNA continues to negotiate with the Israelis despite the continued settlement building and land expropriation.
“The Palestinians are in an extremely weak position. If they stopped negotiations on this basis, Israel would put the blame on failed talks squarely on their shoulders, with the support of the U.S., and continue with establishing facts on the ground irrespectively,” Khalilieh told IPS. (END/2008)
Israel Is Committing War Crimes
January 13, 2009Hamas’s violations are no justification for Israel’s actions.
By GEORGE E. BISHARAT | The Wall Street Journal, January 10, 2009
Israel’s current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel’s acts.
The United Nations charter preserved the customary right of a state to retaliate against an “armed attack” from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. However, an armed attack involves serious violations of the peace. Minor border skirmishes are common, and if all were considered armed attacks, states could easily exploit them — as surrounding facts are often murky and unverifiable — to launch wars of aggression. That is exactly what Israel seems to be currently attempting.
Israel had not suffered an “armed attack” immediately prior to its bombardment of the Gaza Strip. Since firing the first Kassam rocket into Israel in 2002, Hamas and other Palestinian groups have loosed thousands of rockets and mortar shells into Israel, causing about two dozen Israeli deaths and widespread fear. As indiscriminate attacks on civilians, these were war crimes. During roughly the same period, Israeli forces killed about 2,700 Palestinians in Gaza by targeted killings, aerial bombings, in raids, etc., according to the Israeli human rights group B’Tselem.
But on June 19, 2008, Hamas and Israel commenced a six-month truce. Neither side complied perfectly. Israel refused to substantially ease the suffocating siege of Gaza imposed in June 2007. Hamas permitted sporadic rocket fire — typically after Israel killed or seized Hamas members in the West Bank, where the truce did not apply. Either one or no Israelis were killed (reports differ) by rockets in the half year leading up to the current attack.
Israel then broke the truce on Nov. 4, raiding the Gaza Strip and killing a Palestinian. Hamas retaliated with rocket fire; Israel then killed five more Palestinians. In the following days, Hamas continued rocket fire — yet still no Israelis died. Israel cannot claim self-defense against this escalation, because it was provoked by Israel’s own violation.
An armed attack that is not justified by self-defense is a war of aggression. Under the Nuremberg Principles affirmed by U.N. Resolution 95, aggression is a crime against peace.
Israel has also failed to adequately discriminate between military and nonmilitary targets. Israel’s American-made F-16s and Apache helicopters have destroyed mosques, the education and justice ministries, a university, prisons, courts and police stations. These institutions were part of Gaza’s civilian infrastructure. And when nonmilitary institutions are targeted, civilians die. Many killed in the last week were young police recruits with no military roles. Civilian employees in the Hamas-led government deserve the protections of international law like all others. Hamas’s ideology — which employees may or may not share — is abhorrent, but civilized nations do not kill people merely for what they think.
Deliberate attacks on civilians that lack strict military necessity are war crimes. Israel’s current violations of international law extend a long pattern of abuse of the rights of Gaza Palestinians. Eighty percent of Gaza’s 1.5 million residents are Palestinian refugees who were forced from their homes or fled in fear of Jewish terrorist attacks in 1948. For 60 years, Israel has denied the internationally recognized rights of Palestinian refugees to return to their homes — because they are not Jews.
Although Israel withdrew its settlers and soldiers from Gaza in 2005, it continues to tightly regulate Gaza’s coast, airspace and borders. Thus, Israel remains an occupying power with a legal duty to protect Gaza’s civilian population. But Israel’s 18-month siege of the Gaza Strip preceding the current crisis violated this obligation egregiously. It brought economic activity to a near standstill, left children hungry and malnourished, and denied Palestinian students opportunities to study abroad.
Israel should be held accountable for its crimes, and the U.S. should stop abetting it with unconditional military and diplomatic support.
George E. Bisharat is a professor at Hastings College of the Law in San Francisco.
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Tags:B'Tselem, F-16s and Apache helicopters, Gaza Strip, Hamas fighters, Hamas-led government, Israeli attack, Kassam rocket, killed and injured Palestinians, serious violations of international law, siege of the Gaza Strip, truce, United Nations charter, war crimes
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