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Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15

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Israeli violations of Palestinian human rights in Jerusalem October 2011

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Israeli violations of Palestinian human rights in Jerusalem

October 2011

Prepared by Research and Documentation Unit

Jerusalem Center for Social and Economic Rights

November 9, 2011

Introduction:

The report covers Israeli violations of human rights in Jerusalem during October. The reported violations are in the field of house demolitions, land confiscation, desecration of religious, restrictions on the freedom of movement, arrest campaigns and other Israeli infringes of the Palestinian Economic and social rights in occupied Jerusalem.

Executive summary:

In October, one Palestinian girl was seriously injured near the Israeli military camp in Anata, while the Israeli authorities approved plans to build new settlement units in addition of establishing a new settlement enclave in occupied Jerusalem. In October, Israeli military issued several orders to prohibit Palestinians of Jerusalem from entering West Bank or traveling abroad.

For house demolitions, Israeli army demolished Bedouin shanties and ordered another Palestinian to demolish his house by his own. Israeli authorities also ordered closed three Palestinian institutions on the pretext of their affiliation with Palestinian factions. Meanwhile, the desecration of holy cites was observed when the Israeli police continued to permit the provocative visits by Jewish settlers to premises of al-Aqsa Mosque. Also, more Moslem tombs were damaged in Ma'aman Allah cemetery in West Jerusalem where the Israeli authorities plan to build the so-called Museum of Tolerance.

Nevertheless, the arrest campaigns among Palestinian youths continued in October in various parts of occupied Jerusalem.

First: attacks against Palestinians

The month observed several Israeli attacks against the Palestinian population in occupied Jerusalem. The most dangerous incident took place near the Israeli military camp which locates in Anata, northeast Jerusalem, when the Palestinian girl Aseel Mahmoud, 4, injured by a bullet fired from the Israeli training camp adjacent to the family house east Anata. The girl was paralyzed after the bullet damaged part of her spinal cord.

Reporting the incident to JCSER, the girl's uncle Yihya Mousa Ara'arh said: "On October 25, while my niece Aseel was playing in the house backyard near Anatot military camp, she got shot in the neck and was transferred to al Makkased hospital."

He added, "Suddenly, my son came to tell me that Aseel had fallen on the ground and blood was bleeding from her neck. I immediately took her to the clinic in Anata, where they decided to transfer her to al-Makassed hospital. By then, we did not know the cause of her injury. In the evening, the doctors diagnosed the injury to be caused by a bullet fired from an automatic weapon."

The girl suffers of paralyzed limbs because the bullet damaged the upper part of her spinal cord. According to the medical report, the bullet penetrated her neck from the left side.

Ara'arh revealed to JCSER that every day he hears gunfire inside the camp, and it was the first incident of the kind, especially that there is a separating wall between the camp and his house.
Aseel is a Bedouin girl and her family composed of four members living in Khan al-Ahmar and she was on a visit to her uncle's house when she had the accident.

Second: settlements and land confiscation.

Despite the fact that Israel's Jerusalem municipality on September 7, approved a plan to build 300 new settlement units comprising 11 buildings in Pisgat Zeev settlement which was built on the Palestinian land in Beit Hanina, Israeli authorities went further in their settlement activities in Occupied Jerusalem.

Within this context, Israel published a plan to build a new neighborhood in Givat Hamtos settlement which was built on land of the Palestinian village of Beit Safafah, south Jerusalem. According to the new settlement plan, 2610 new settlement units will be built in the area between Jerusalem and Bethlehem.

The new settlement neighborhood will face Har Homa settlement which Israel built on the territories of Sur Baher and Umm Tuba on Jabal Abu Ghneim, south Jerusalem. With the new settlement constructions, the southern boundary of Jerusalem will be closed and impose a total isolation of the holy city from Bethlehem.

This plan was revealed for the first time in January 2008 after the cabinet of the former Israeli Prime Minister Ehud Olmert deposited the plan to build 2337 new settlement units in the area.

In the nineties of last century, Israeli government exploited portions of the land slated for the new settlement, as a temporary residence for new Jewish immigrants. Now, there are now 25 caravans in the area.

According to the proposed plan, 4000 settlement units will be built to encircle the Palestinian town of Beit Safafah with settlements and isolate it completely from the West Bank.

In a related issue, the Israeli Supreme Court ratified last month (September 26) granting Elad, which is an Israeli organization active in expanding settlements in Silwan, the right to manage the so-called "Ir David" (City of David) in the Jerusalem neighborhood of Silwan.

By then, the court rejected all calims of the petitioners in regards to privatization of the park and embraced the agreement which was signed between the Israeli municipality and the mentioned settlement organization, which was granted the full control and supervision of the area.

Up until now, Elad is controlling 15 settlement enclaves in Silwan, in which 500 extremist settlers live. The Israeli government deploys several hundreds of soldiers and security personnel to protect the settlers in Silwan. On the other hand, Ateret Cohanim organization which is specialized in settlement activities inside the Old City of Jerusalem, controls 67 settlement enclaves inside the Old City where more than 70 settler families, in addition to hundreds of Talmudic schools students, who enjoy government privileges in exchange for residing in those enclaves, knowing that the yearly cost of rent does not exceed 1,200 shekels ($320) with total exemption from the Arnona tax

It is worth mentioning that the Israeli government spending to protect settlement enclaves in Silwan and the Old City reaches 54 million shekels per year, including the costs of private security companies and electronic surveillance equipments.

Nevertheless, Elad is one of the wealthiest Israeli organizations with annual revenues or 104 million shekels, of which 94 million shekels comes from donors in the United States and some European countries.

However, for settlers atrocities against Palestinians, a group of Jewish settlers from Rekhes Shu'fat which was established on the Palestinian land of Shu'fat, set fire in the wheat field of the Palestinian residents in the area.

The Palestinian farmer Mabruk Mustafa Abu Alqam reported the incident JCER, saying that when fire caught the field of his backyard house, he saw four extremist settlers running towards Rekhes Su'fat settlement.

Third: house demolition and appropriation of properties

October observe more house demolition of Palestinian houses in Jerusalem, while other were forced by Israel's municipality of Jerusalem to demolish their houses by their own to avoid paying additional costs and fees. In this context, the municipality ordered Ahmad Abdel Rahman Bilbeisi, a resident of Wad Aljouz, to destroy his home by his own hands.

Reporting the incident to JCSER, Bilbeisi said that the small family house had not enough space for all the 15 family members, a fact that caused to build two addition rooms beside it for his newly married sons.

On their part, Israeli bulldozers demolished on October 26, one house, a farm 7 tin sheet structures belonging to Palestinian Bedouin families and a cafeteria in Anata, Hizma and Jab'a.

In Anata, Israeli bulldozers demolished the 80 sq. meters house in addition to a farm built on ??500 sq. meters belonging to Ahmad Hassan Hilweh.

Reporting the issue to JCSER, Hilweh said that he received 7 months ago an order from the so-called Civil Administration to stop operating his chicken farm, which was his only source of income, especially that he is prohibited from working in Israel since he was an ex-political prisoner. Hilweh's family comprises of 12 members who are now displaced after the demolition of their home.

On the other, the date for demolishing the ram at the entrance to the Moroccan Gate of al-Aqsa mosque was due in October. On September 25, Israel's Jerusalem municipality issued its order to demolish the old bridge to replace it with a new one.

The current bridge was built after the collapse of the Mughrabi hill in 2004. The hill connects al-Buraq plaza (walling wall) with al-Aqsa mosque. Meanwhile, the Israeli authorities continued with their excavations in that area in order to expand al-Buraq plaza.

In regards to appropriation of Palestinian properties inside the old city, the Israeli District Court rejected the appeal of Ghazi Zuhdi Zaloum against a court decision which was adopted on October 29 to evacuate his house which located in al-Qirami neighborhood of the Old City on claims that he had violated the repairing measures of his house.

Zaloum told JCSER that the is part of a property whose area is ??about 1,45 dunums registered the Islamic Shari'a Court under the name of the Jewish woman Sibourah Ashkenazi. Howerver, his grandfather Aref Zaloum rented it from her in the thirties of the last century, noting that the original owner of the house is Niseibah family. Nevertheless, after 1948 he continued to rent the house from Jordanian Custodian of Enemy Properties, but after the Israeli occupation in 1967 he used to pay the rent to the Israel's Custodian of Absentees' Properties, which in turn transferred the ownership to heirs of Ashkenazi. Later, the heirs mandated the settlement organization Ateret Liyoshnah the authority to manage the property and evacuate any Arab family that lives in it. Since 1971, the family engaged in a court battle with the settlement organization. Meanwhile, parts of the house collapsed due to snow and heavy rain in 1972 causing the death of his grandfather. Consequently, he was obliged to repair the house, but Ateret Liyoshnah sued him demanding his evacuation from the house. Another law suit was filed against him in 2003 by a Jewish family that lives under their house claiming of water leak. The Israeli court ordered him to repair the house, but the settlers refused the issue on claims that it is the duty of the owner not the tenant. But when he repaired the house, the settlers claimed that it was in danger so the court issued a decision to evacuate the house.

Fourth: closure of institutions

In October, Israeli authorities escalated their measures against the Palestinian institutions in occupied Jerusalem. Within this context, Israeli forces raided on October 23, the Jerusalem Foundation for Development which locates in Dahyet al-Bareed, north of Jerusalem on claims that it was run by Hamas movement. During their storm, Israeli police arrested employee Kefah Sarhan before ordering the closure of the Foundation for one month. According to the Israeli decision, the closure order could be extended for one year. Israeli authorities also ordered close for the same reason the other institution Action Without Borders. Moreover, Israeli authorities raided offices of Shu'aa Organization in Shu'fat and ordered it closed for on year on the pretext that it was affiliated with the Popular Front. Meanwhile, Israeli authorities raided the Islamic Club in Silwan and confiscated all its contents of furniture.

The authorities also shut down Sa'ed organization for Educational Consultancy in Kufer Aqab, which cares for providing educational services to schools, students, in addition of organizing conferences about the Palestinian curriculum and conditions of education in occupied Jerusalem.

Fifth: desecration of holy sites

Israeli authorities continued with their desecration of holy sites. In October, extremist Jews continued their desecration of al-Aqsa mosque through their provocative visits to courtyards of the mosque.

The provocative visits came in conformity with Israeli police tight measures against Palestinian religious students who receive their studies at the stone benches inside the courtyards of the mosque. Some of them were denied entry to the premises of the mosque while others suffered of the police arrest campaigns.

Meanwhile, on the eve of Jewish feast Yom Kippur, severe restrictions were imposed on the entry of Moslem worshipers forcing dozens of them to pray in the streets and alleys of the Old City.

In another development, extremist Jews damaged on October 13, fifteen Muslim graves in the cemetery of Ma'manallah in West Jerusalem where the Israeli authorities are planning to establish the so-called Museum of Tolerance.

Sixth: police raids and arrests

In October, Israeli authorities continued with their arrest campaigns, while Jewish settlers practiced the abduction of Palestinian children. Within this context, Israeli police arrested head of the Society of Relatives of Prisoners after raiding his home in the Jerusalem neighborhood of Siwaneh. Meanwhile, the authorities handed his brother Ya'coub an order banning him from travel abroad until May 4, 2012 although he was banned from travel since May 5, 2011. The order was signed by the Israeli Minister of Internal Security Eli Yishai.

On November 11, 2011, he received an order banning him from entering the West Bank, signed by commander of Israeli military in the West Bank who justified his order by "protecting the security of the state."

Abu Assab told JCSER that he received on October 10, 2011, an order signed by Commander of the Center Region in the Israeli military, Avi Mizrahi, prohibiting him from entering the West Bank for six months.

The order reads: "Under the Emergency Law that considers the West Bank as a closed area" the cause of the ban is to protect the security of the state."

Abu Assab complained that the order of that prevention would forbid him from pursuing his Master studies at Al Quds University in Abu Dis, in addition of depriving him from contacting his relatives in the West Bank.

On October 6, 2011, Israeli authorities handed Abu Assab renewed the travel ban order that deprived him from visiting Saudi Arabia to perform the pilgrimage. Abu Assab is an ex-prisoner political who served eight years in prison.

JCSER accused the Israeli military of resorting to this new policy of prohibiting the Palestinians especially the activists from entering West Bank for certain periods of time that reaches six months.

JCSER documented four cases of Palestinian residents of Jerusalem who were prohibited from entering the West Bank. They are Ya'coub Abu Assab, Abdel-Latif Gheith, Mahmoud al-Abbasi, and Yasser Hamdan.

In its press release, JCSER warned of the consequences of such polices that deprive Palestinians of Jerusalem of their geographic contiguity with the West Bank and buttress the isolation of occupied city from the West Bank.

Moreover, the release shed lights on the Israeli policy of deporting Palestinians from their places of residency in Jerusalem to the West Bank, as was the case with Secretary of Fatah Movement in Silwan Adnan Ghaith, who was deported earlier this year to Ramallah. However, when he returned to his hometown in Silwan recently, he was re-arrested and subjected to house arrest until October 10.

In conformity with this police, Israeli authorities deported the elected member of the Palestinian Legislative Council Mohamad Abu Tair to West Bank. Deportation is also awaiting the two parliamentarians Mohammad Totah and Ahmad Atoun, in addition to the former Minister of Jerusalem Affairs Khaled Abu Arafeh.

JCSER also warned of the possibility of expanding the Israeli deportation policy of Palestinian residents of Jerusalem to West Ban, a fact that means the silent deportation of hundreds of Palestinian activists.

On the other hand, Israeli Border Guards arrested on October 4, four youths from Mount of Olives on stone-throwing charges at Israeli vehicles.

On its part, the Israeli Magistrate Court remanded in custody the Palestinian youth Tamer Abu Gharbiyeh until the conclusion of legal proceedings. He was charged with attacking a police officer and obstructing his work.

Israeli police arrested the Palestinian youth Hussein Abdel Baset from Aqabet al-Bateekh in the Old City when he tried to prevent Jewish settlers from vandalizing his merchandize in front of his shop. In another incident, an official of Elad settlement organization beat and kidnapped a Palestinian child from Silwan before handing him over to the Border Guards.

On October 25, an Israeli police force of Border Guards raided Sur Baher and arrested seven members of Atoun family who were identified as Iyad and Raed Atoun, the brothers of the Parliamentarian Ahmad Atoun, in addition to five of his cousins who are: Mousa, Wael, Suhaib, Numan and Iz Eldin.

Conclusions:

In October, Israeli authorities continued with its settlement activities and expropriation of more Palestinian lands. However, the significant Israeli violation was noted in the desecration of religious shrines. The authorities also ordered more Palestinians to demolish their houses by their own. They also continued with their demolitions of economic facilities.

Meanwhile, the month observed an increase in the number of cases where Israeli police and Jewish settler resorted to violence against Palestinian residents of Jerusalem. Also, more restrictions were imposed on Palestinian civic activities by closing more Palestinian non-governmental organizations in Jerusalem under the pretext that they were affiliated with Palestinian factions.

For the arrest campaigns, more arrested were conducted by Israeli security against Palestinians of whom some were prohibited from traveling to the West Bank or abroad.

Recommendations:

As long as the applicable law in the oPt consists of the following:

- United Nations Charter

- General Assembly resolution 2625 (XXV) - Illegality of any territorial acquisition resulting from the threat or use of force.

- Right of peoples to self-determination.

- International humanitarian law.

- Regulations annexed to the Fourth Hague Convention of 1907

- Fourth Geneva Convention of 1949 - Applicability of Fourth Geneva Convention in the Occupied Palestinian Territory.

- Human rights Law.

- International Covenant on Civil and Political Rights

- International Covenant on Economic, Social and Cultural Rights

- Convention on the Rights of the Child

- Relationship between international humanitarian law and human rights law

- Applicability of human rights instruments outside national territory.

- Applicability of those instruments in the Occupied Palestinian Territory,

JCSER calls upon:

Israel (the occupying power) to:

- Put an end for its breaches to international human law and the Palestinian people right to housing.

- Halt its settlement activities, appropriation of Palestinian land and the policy of demolishing Palestinian house.

- End the breaches of the Palestinian right to religion, desecration of Palestinian holy shrines and enable the Palestinians the free access to their religious sites.

- End the systematic policy of ethnic cleansing and the racial discrimination against the Arab Palestinian people and to remove all the obstacles before enabling the Palestinians to political and economic self-determination.

- Halt the policy of targeting Palestinian institutions in Jerusalem and ending the policy of closing Palestinian non-governmental organizations.

- Stop targeting Palestinian political figures with interrogation, arrest and deportation from Jerusalem.

The International community:

- The high contracting parties to Geneva conventions should "undertake to respect and to ensure respect for the present convention in all circumstances."

- All the states which have diplomatic relations with Israel are called to exploit these relations to pressures the occupation government to end its practices that contravene with the international humanitarian law. This could be done by resorting to various available means to reach the end of Israeli occupation in the Holy City and the entire Palestinian territories which were occupied in 1967.

- The international community should condition signing agreements of cooperation and association with Israel with its respect of international norms, laws in addition to Palestinian rights including the right to self determination on their land.

- All international institutions that are concerned with human rights should maintain the zealous efforts on the level of their governments to push them to expose Israeli occupation violations of Palestinian human rights in additional to hold those responsible for the violations before court.