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#SaveSilwan: 1,500 Palestinians under imminent threat of displacement

The clock is ticking for some 100 Palestinian families in the occupied East Jerusalem town of Silwan who have been forced to face an impossible decision: either demolish their own homes, or wait for Israeli forces to carry out the demolition.

The clock is ticking for some 100 Palestinian families in the occupied East Jerusalem town of Silwan who have been forced to face an impossible decision: either demolish their own homes, or wait for Israeli forces to carry out the demolition. 

It’s a fate that the families in the al-Bustan neighborhood of Silwan have been fighting tirelessly against for years, and on Sunday it will all come to a head. Earlier this month Israel issued a series of demolition orders giving the families in al-Bustan 21 days to evacuate and demolish their homes. 

According to the demolition orders, if the residents, numbering around 1,500 people, do not destroy their own homes themselves by Sunday June 27th, the Jerusalem municipality will carry out the demolitions, and charge the residents with the demolition fees. 

The Israeli government has targeted the families in al-Bustan with demolition orders for over a decade , under the pretext that their homes were built without a permit from the Jerusalem Municipality. 

In turn, the municipality has sought to push plans by settler organizations to turn the area of al-Bustan into a biblical park and connect it with the “City of David” archaeological park.

“The first demolition orders came in 2004 to the al-Bustan neighborhood, targeting 124 families in the center of the neighborhood, ” Quteibah Odeh, 27, a social worker and resident of al-Bustan told Mondoweiss

“But until this day, the people in al-Bustan have remained steadfast, and have not left a single home yet. And we don’t intend on leaving,” he said. 

Odeh, who was born and raised in al-Bustan, is one of the more than 1,500 residents of the neighborhood whose home is under threat of demolition. He said that neither he, nor any of his neighbors intend on demolishing their own homes. 

“They [Israel] say we have ‘illegal construction’, or buildings without permits, or that the fight to take over our homes and our land is a ‘real estate dispute’. But at its core, it is a political and ideological battle,” Odeh said. 

Views of the Al-Aqsa Mosque from the town of Silwan in occupied East Jerusalem. (Photo: Saleh Zghari)

“If you look outside your window in Silwan you can see the al-Aqsa mosque. We hear the sound of our prayers from the mosque here in Silwan. It’s a strategic location for the occupation,” Odeh said. 

“And this is the real battle: Israel is trying to move settlers in and push Palestinians out, so they can change the reality on the ground.”

Record number of demolitions

The ultimatum given to the families in al-Bustan is a common practice in East Jerusalem. According to UN documentation, at least one third of all Palestinian homes in East Jerusalem lack an Israeli-issued building permit, placing over 100,000 Palestinians in the city at risk of displacement. 

Only 13 percent of East Jerusalem, most of which is already built up, is zoned for Palestinian construction, while on the other hand, 35 percent of East Jerusalem has been allocated for Israeli settlements, which are illegal under international law. 

Israel’s restrictive planning regime in Palestinian neighborhoods in the city, coupled with the fact that the municipality rejects the vast major of Palestinian requests for building permits, creates a coercive environment in the city that puts Palestinians at further risk of displacement, rights groups say. 

In 2020, in the midst of the coronavirus pandemic, more than 175 Palestinian structures were demolished or seized by Israeli forces in East Jerusalem on the grounds of lacking building permits. 

Israeli forces patrol the streets of Silwan in occupied East Jerusalem (Photo: Saleh Zghari)

Of those structures, around 47% were self-demolitions, up from an average of 21 percent in the previous year. Since the beginning of 2021, nearly 50 per cent of all demolitions in East Jerusalem have been carried out by the owners themselves.

“The destruction of property in an occupied territory is prohibited under the Fourth Geneva Convention, except where such destruction is rendered absolutely necessary by military operations,” the UN office for the Coordination of Humanitarian Affairs (OCHA) said in a report

“The destruction or confiscation of property commonly also results in the infringement of a range of human rights, including the right to an adequate standard of living,” UN OCHA said.

“They don’t give us permits, then fine us for not getting a permit, and then they come and demolish your house. And after they demolish your house, they send you the bill for the cost and expenses of the demolition,” Odeh said.  

“Is there anything more oppressive than this?”

Evictions in Batn al-Hawa

But the Palestinians living in al-Bustan are not the only residents of Silwan who are battling attempts to save their homes. 

Just a short distance away is the neighborhood of Batn al-Hawa. Just south of the Old City, the Al-Aqsa Mosque is visible from almost any rooftop, balcony, or street corner in the neighborhood.

For many of the Palestinian residents of the neighborhood, however, the views of their historic town and the city of Jerusalem are obstructed by Israeli flags flying on the rooftops and draped over the side of buildings, scattered throughout Batn al-Hawa. 

According to rights groups like B’Tselem, Batn al-Hawa is the site of one of the most “extensive expulsion schemes” in East Jerusalem in recent years, in which Israeli settler groups are attempting to forcibly expel the neighborhood’s Palestinian residents and replace them with Jewish settlers. 

One of the hundreds of residents of Batn al-Hawa under threat of expulsion is 50-year-old  Zuheir al-Rajabi. His family of four were handed an eviction notice in 2015 along with 86 other families in the neighborhood, ordering them to leave their homes. 

“We are a family of refugees and now they are trying to displace us again,” said al-Rajabi, who was born and raised in Batn al-Hawa after his family was kicked out of their home by Israel in the Old City of Jerusalem in 1966. 

“Anyone in this situation would be miserable. Being displaced more than once is an indescribable feeling. We were forcibly displaced from our homes in the past, and now they are trying to do it again,” he said. 

Zuheir al-Rajabi is one of the hundreds of residents of the Batn al-Hawa neighborhood under threat of forcible eviction by Israeli settler organizations. (Photo: Saleh Zghari)

Through a series of legal mechanisms sanctioned by the Israeli courts, an Israeli settler organization by the name of Ateret Cohanim has been filing eviction orders against the families in Batn al-Hawa, including al-Rajabi’s family, since 2002. The eviction orders have been filed under the pretext that the plot of land in Batn al-Hawa was previously owned by Jews more than a century ago. 

While Israeli law allows for property to be transferred to Jews who claim previous ownership from before the establishment of the state of Israel, that same right is denied to Palestinians like the al-Rajabis who were dispossessed from their original homes. 

To date, Ateret Cohanim has already taken control of six buildings in Batn al-Hawa, comprising 27 housing units, and has ongoing legal proceedings to evict at least 81 Palestinian families, numbering 436 people. Since 2015, 14 families in the neighborhood have already been forcibly evicted. 

As al-Rajabi walks through the neighborhood, he passes by the large Israeli flags hanging from the homes of his former neighbors who were forcibly evicted from their homes. 

“This is an occupation and nothing is going to stop them from enacting their policies,” al-Rajabi said. “They will do everything, arrest us, imprison us, and kick us out, just as they did with our neighbors.”

‘The international community must take action’

As the deadline for the forced destruction of the homes in al-Bustan looms, Palestinians are doubling down on calls for people to spread awareness about the situation in Silwan. 

Calls to #SaveSilwan flooded social media over the weekend, as people urged the international community to intervene and stop the demolitions. 

“We ask the international community to take action, and to take a stance,” al-Rajabi told Mondoweiss. “We are not speaking about destroying one house or kicking out one family, we have entire neighborhoods and entire families being threatened.

“And it’s not just Silwan,” he said. “It’s Sheikh Jarrah, and it’s all of Palestine. The international community has a responsibility to intervene and stop these war crimes, the destruction and forcible displacement of the families.

“We do not have any other place to go. We were kicked out in 1967 and they want to do the same now,” al-Rajabi said. 

While the international community has failed to prevent evictions and demolitions in Silwan before, people like Quteiba Odeh are feeling more hopeful than ever before that this time, things might be different. 

“Over the past few weeks we saw people around the world react to what is happening in Palestine, and we saw them becoming more aware of the occupation,” Odeh said. “We will be stronger in our resistance when we have more people supporting us.

“Today I feel different than before, I feel like we have support, we have a family, and people to stand up with us and people who care.

“The Palestinians love life, and want to have a decent life, a future. We want dignity, we love our land, and we are going to stay on our land. We are not going to go anywhere else,” Odeh said. 

“Our pain is huge, but our hope is bigger.”

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UN Slams new Israeli gov’t of Bennett for new Squatter-Settlements in Palestine, a ‘Flagrant Violation of Int’l Law’ (juancole.com)
“UN Slams new Israeli gov’t of Bennett for new Squatter-Settlements in Palestine, a ‘Flagrant Violation of Int’l Law’” by Juan Cole, Informed Comment, June 25/21EXCERPT:
On Thursday, Tor Wennesland, the UN Special Coordinator for the Middle East Peace Process, gave a long a disturbing oral report on the situation in Palestine-Israel. The office of Secretary-General Antonio Guterres produced a 12-page report, as well.
“Wennesland is a seasoned Norwegian diplomat, having served as ambassador to Egypt (along with Libya) in the turbulent years of 2012-2015, and having been Norway’s representative to the Palestine Authority 2007-2011.
“In his online video remarks, he underlined the continued ethnic violence in the Occupied Territories.
“The Israeli occupation of the Palestinian West Bank and Gaza generates attacks and violence daily, but the US press only attends to them briefly when there is a big blow-up. Such episodes are arguably much less important than the daily grind of Israeli squatters taking over Palestinian land and property, and Palestinian resistance to being expropriated.
“Wennesland slammed the new Israeli government of Prime Minister Naftali Bennett and his alternate, Yair Lapid, for the announcement this week that it would build new housing units in the Israeli squatter-settlement of Har Homa. He said ‘I will now turn to several observations concerning the implementation of Resolution 2334 during the reporting period.’
“‘I remain deeply troubled by continued Israeli settlement expansion in the occupied West Bank, including East Jerusalem. In particular, I am concerned by the approval of a plan to expand the Har Homa settlement in East Jerusalem. If implemented, this plan would further consolidate the continuum of illegal settlements separating East Jerusalem from Bethlehem and other Palestinian communities in the southern part of the West Bank…’ (cont’d)

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“‘I am also concerned by the continued establishment of settlement outposts, illegal also under Israeli law. As we have seen, the recent establishment of Evyatar has already led to protests and clashes with tragic outcomes. I again underscore, in no uncertain terms, that Israeli settlements constitute a flagrant violation of United Nations resolutions and international law. They are a major obstacle to the achievement of a two-State solution and a just, lasting and comprehensive peace. The advancement of all settlement activity must cease immediately.’ 

‘”The continued demolition and seizure of Palestinian structures, including humanitarian projects and schools, is also deeply concerning. I call on Israeli authorities to end the demolition of Palestinian property and the displacement of Palestinians, and to approve plans that would enable these communities to build legally and address their development needs.’

“Article 49 of the 1949 Fourth Geneva Convention on the treatment of Occupied populations in wartime says, ‘The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.’
“This provision was intended to prevent a repeat of what Nazi Germany did in Poland, which it occupied in 1939, and into which it sent ethnic Germans as squatters on Polish land, while at the same time exiling Poles– all of this with the intent gradually to Germanize Poland and make it just eastern Germany.
“According to The Associated Press, the Bennett government in Israel announced on Wednesday that plans are advancing for thirty-one Israeli construction projects in the Palestinian West Bank, including a shopping center, building projects, and zoning changes legalizing West Bank Israeli squatter-settlements that are illegal even by Israeli standards.”

The recent violence in Jerusalem, in which 227 Palestinians, including 64 children died (while 12 Israelis died), was not started by Palestinian civilians or Hamas, but by “settlers,” many from the U.S., who violated a shrine sacred to Palestinians, Christians and Jews.

When Palestinians nonviolently protested, the world’s “most moral” army, the Israeli Defense Forces, violently and cowardly cracked down on the Palestinians. The U.S. and its residents, individual and corporate, that support of this violence against Palestinians, should take a look in the mirror.

We send $3.8 billion every year to Israel, a county with a higher per capita income than the U.S., thanks to the powerful Israel lobby, dominating both sides of the political aisle. I oppose my hard-earned tax dollars being used for these brutal and unacceptable war crimes against Palestinians.

But a recent Human Rights Watch report, joined by many U.S. media sources, calling out Israel’s apartheid and war crimes, shows the times may be changing.

It is a failure of the pro-Palestine movement in the USA that the evictions in Silwan have not been stopped.

SCOTUS recently provided guidance with respect to the Foreign Sovereign Immunities Act (FSIA). Reasons for non-applicability in Germany v. Philipp are reasons why it applies in Sheikh Jarrah & perhaps Lifta or the Moroccan Quarter.

In addition to committing crimes against humanity like apartheid and persecution, the Zionist state violates the international law of expropriation as well as the international laws of war and international anti-genocide law.

It should have been possible to obtain an emergency ex parte injunction against both the settler groups and also the State of Israel because they all have US presence.

I don’t understand the reluctance of pro-Palestine forces to use the legal tools available to them. Jewish victims of the Holocaust have no reluctance to use the FSIA. Pro-Palestinian groups can use it as well probably with even more likelihood of success.

“We ask the international community to take action, and to take a stance,”_________ The more Americans understand in human terms, the greater will be their level of support. Placards in English, especially one easy to read and photograph, are a way to inform them. Especially ones that emphasize dignity, equality, decency, injustice, human rights, fair play.