A/HRC/16/72
near future.25 In Silwan neighbourhood of East Jerusalem, Israeli families have forcibly
taken over Palestinian homes, turning them into guarded settlement compounds flying
Israeli flags.26 Many of the settler organizations are backed by private donors from
abroad,27 raising the issue of international complicity, as well as Israeli State responsibility,
with these continuing violations of international law. Moreover, The Government of Israel
and the Jerusalem Municipality support the settlers’ actions in Palestinian neighbourhoods
in East Jerusalem and the Old City by allocating private security guards, paid for by taxes,
to protect the compounds; sending security forces to accompany takeover of Palestinian
houses; funding and promoting building and development projects in the compounds; and
transferring Government assets to the control of the organizations.28 This support further
illustrates the institutional and systematic discrimination against the Palestinian residents of
Jerusalem by Israel, as well as ongoing Israeli efforts to create what are euphemistically
called “facts on the ground” for the annexation of East Jerusalem.
B.
Expulsions from East Jerusalem as a means to annexation
17.
The Special Rapporteur believes that the expulsions from East Jerusalem go beyond
those linked to house seizures or demolitions – and beyond the immediate dire
consequences to individuals and families facing the loss of their homes – and form part of
the broader picture of annexation, not as an Israeli legal claim but enacted increasingly as
evidence of an Israeli political project. Israel carries out new punishments against
Palestinians in Jerusalem, including threats of the revocation of Jerusalem residency rights
of Palestinians living legally in Jerusalem.
18.
In one of the most egregious examples, in July 2010, four Palestinian citizens of
Israel, who were elected members of the Palestinian Legislative Council, including one
former Council minister, were given notice that their right to Jerusalem residency was
being revoked, after the four politicians refused to renounce their ties to Hamas.29 Efforts to
expel these parliamentarians were resumed in the summer of 2010 and finally, on 8
December 2010, one of these individuals was deported from Jerusalem.30 The expulsion of
the Council’s members from Jerusalem is a violation of the article 49(6) of the Fourth
Geneva Convention, which explicitly prohibits the forcible transfer of protected persons. It
also sets a particularly dangerous precedent for the removal of more than 270,000
Palestinians living in East Jerusalem.31 As the Special Rapporteur has noted before, it is
particularly worrying that Israel appears ready to forcibly transfer these individuals based
on their supposed lack of allegiance to the state of Israel.32 Israel, as an occupying Power, is
prohibited from transferring civilian persons from East Jerusalem and from forcing
Palestinians to swear allegiance or otherwise affirm their loyalty to the State of Israel. The
revocation of residency permits, home demolitions and evictions, settlement construction,
the separation of East Jerusalem from the rest of the West Bank and its annexation to Israel,
25
26
27
28
29
30
31
32
10
Office for the Coordination of Humanitarian Affairs – occupied Palestinian territory (OCHA-OPT),
“Fact sheet: The Case of Sheikh Jarrah”, October 2010.
See e.g. Wadi Hilweh Information Center Silwan, “Settlers took over a house in Al-Farouq
neighborhood in Silwan”, 23 November 2010.
See “New settler enclaves in East Jerusalem”.
Ibid.
See B’Tselem, “In dangerous precedent, Israel revokes residency of four Palestinians affiliated with
Hamas from East Jerusalem and acts to forcibly transfer them”, 18 July 2010.
Associated Press, “Israel expels Hamas MP jailed over Jerusalem status”, 9 December 2010.
“In dangerous precedent, Israel revokes residency”.
Statement of the Special Rapporteur, “Israel must avoid further violations of international law in East
Jerusalem,” 29 June 2010.
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