The Historical and Legal Background to the Sheikh Jarrah Evictions

Today I am writing a series of posts about the tragic stream of events unfolding in Israel.

The Israeli government is in the process of evicting numerous Palestinian families from their homes in the East Jerusalem area called Sheikh Jarrah. East Jerusalem, including the Old City of Jerusalem, is part of the occupied West Bank.

The entire West Bank was captured and occupied by Israel during the Six Day War in 1967 — a war begun by Israel’s offensive attacks against Egypt, Jordan, Lebanon, and Syria.

Ever since, Israel has persisted in violating International Law and the

Palestinian family expelled from their Sheikh Jarrah home byby Jewish settlers
A Palestinian woman reacts as she carries a toddler, while Jewish settlers move out the belongings of a Palestinian family from a house in the east Jerusalem neighborhood of Sheikh Jarrah, Tuesday, Dec. 1, 2009.  (AP Photo/Dan Balilty)

Geneva Convention by a) forcing Palestinian residents from their homes, and b) encouraging Jewish settlers to move into Palestinian Occupied Territory.

These types of evictions have been happening for a long time all throughout Israel/Palestine. The Israeli government refers to the process as “Judaization.” That’s Israel’s term, not mine.

The Israeli government is justifying the Sheikh Jarrah evictions by claiming that these properties were originally owned by Jews prior to the war in 1948. So, they are only “reclaiming” Jewish property.

Imagine an Irish-American organization sending its “settlers” into what are now Jewish neighborhoods in New York City. They pass through the streets knocking on doors announcing, “This property used to be owned by Irish people. Get out.”

I would call that kind of behavior racist. The Jewish Defense League would call it antisemitic.

Can these displaced Palestinians return to their original homes and properties taken from them (or more likely demolished) by Jewish militias in 1948?

Of course not. They are Palestinians. They have no right of return. Only Jews can claim that “right” in Israel.

That’s what makes Israel an apartheid Jewish Supremacist State.

Several Palestinian rights organizations have submitted a  “Joint Urgent

Israeli settlers in the Palestinian neighbourhood of Sheikh Jarrah mock anti-settler demonstrators from the Palestinian home they have taken over. April 16, 2021. (Photo by Emmanuel DUNAND / AFP)

Appeal to the United Nations Special Procedures on Forced Evictions in East Jerusalem” to the UN. This proposal carefully documents the legal circumstances at play in right now in East Jerusalem.

It is important to understand this history because most US media outlets will never fill-in these blanks. I have posted an excerpt below.

I encourage you to read the entire document, complete with its abundant citations and corroborating documentation:

Since the forcible displacement of 85 per cent of the Palestinian population during the Nakba (catastrophe) of 1948 by Zionist settler-colonial forces,
Israel designed and issued a series of discriminatory laws, policies, and practices, forming the foundation of its institutionalised regime of racial domination and oppression over the Palestinian people as a whole, including Palestinian citizens of Israel, Palestinians in the occupied Palestinian territory, and Palestinian refugees and exiles abroad.

Israel has ensured the maintenance of its apartheid regime over the Palestinian people through its policies and practices, such as the strategic fragmentation of the Palestinian people, including by denying Palestinian refugees and other persons displaced from their homes their inalienable right to return, and the appropriation of their homes, lands and property, coupled with the creation of a coercive environment designed to drive the ongoing transfer of Palestinians on both sides of the Green Line. In occupied and illegally-annexed East Jerusalem, 15 Jerusalemite families totalling 37 households of around 195 Palestinians, residing in Karm Al-Ja’ouni area in Sheikh Jarrah neighbourhood and Batn Al-Hawa neighbourhood in Silwan, are currently at imminent risk of forced eviction. Unlawfully applying Israeli domestic law to occupied territory, Israeli courts have ruled in favour of lawsuits undertaken by settler organisations to evict the 15 Palestinian families. Most of the families living in Karm Al-Ja’ouni area and Batn Al-Hawa neighbourhood, who are facing the threat of forced eviction, are refugees. . . 

. . . To cement Palestinian dispossession and displacement in East Jerusalem, Israel enacted the Legal and Administrative Matters Law in 1970, which exclusively allows Israeli Jews to pursue claims to land and property ownership allegedly owned by Jews in East Jerusalem before the establishment of the State of Israel in 1948. In accordance with the 1970 Law, “assets of Jews” in East Jerusalem, which were managed by the Jordanian Custodian of Enemy Property until 1967, were transferred to the Israeli Custodian General within the Ministry of Justice. The Custodian General has the authority to release the properties to Israeli Jews who claim ownership, or claim that they inherited properties from before the establishment of the State of Israel, upon their request. Utilising the discriminatory aforementioned law, Jewish Trusts and Jewish entities with unclear legal status have secured land ownership in Batn Al-Hawa neighbourhood in Silwan and Karm AlJa’ouni area in Sheikh Jarrah by the Custodian General. Later, these Jewish Trusts and entities sold their ownership rights or transferred their management to settler organisations, which do not
have ties to the original alleged Jewish owners. In turn, the settler organisations, which envision further settlement expansion in occupied and illegally-annexed East Jerusalem, have been filing eviction lawsuits against Palestinians in Israeli courts. 

You can read the entire document now before the United Nations here.

Author: David Crump

Author, Speaker, Retired Biblical Studies & Theology Professor & Pastor, Passionate Falconer, H-D Chopper Rider, Fumbling Disciple Who Loves Jesus Christ