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Jerusalem and the Politics of Occupation

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OCCUPATIONOCCUPATION REALITIESREALITIES AFSC Middle East Resource Series Middle East Task Force | WintWinterer 2004 East Jerusalem and the Politics of Occupation Jerusalem is a microcosm of the Israeli-Palestinian conflict. Since the conflict began, History of Jerusalem conditions in the Holy City have always reflected wider relations between Israeli in the 20th Century Jews and Palestinian Arabs. Jerusalem will not, for good or ill, escape this role in the future. The justice and stability of the peace now being negotiated by Palestinian and 1922 After the collapse Israelis will inevitably be mirrored in Jerusalem. An agreement on Jerusalem that can of the Ottoman Empire, command broad assent among Israelis and Palestinians is essential to a lasting peace. Great Britain is designated Excerpted from A Joint Statement of the Friends Committee on by the League of Nations National Legislation and the American Friends Service Committee as the mandatory power in Palestine. Jerusalem becomes the administrative The Politics of Land capital. Land Ownership Land usage policy in Jerusalem encourages Jewish growth 1947 United Nations adopts while inhibiting Palestinian growth in the city. UN Resolution 181 calling East Jerusalem for the partition of Palestine Prior to 1948 Jews owned less than 30% of the property 100 and internationalization of within the municipality of Jerusalem. Today, Jewish owner- % Jerusalem. ship or control of property in the city accounts for over 90% 50 0 1948 The state of Israel is of Jerusalem. 1967 1996 created and Jerusalem is di- After 1948 Israel acquired control of Palestinian property West Jerusalem vided between Jordan which in West Jerusalem by virtue of the Absentee’s Property Law 100 controls East Jerusalem and area Municipal Jerusalem Israel which controls West (1950). Palestinians who left West Jerusalem during the 1948 % 50 war were not permitted to return to their homes or land. 0 Jerusalem. 1948 1996 1967 Israel occupies East After 1967, Israel used a British Mandate Land Ordinance Jerusalem during the 1967 to expropriate and acquire control of some 85% of expanded Palestinian Jewish war and effectively annexes East Jerusalem. Unlike Palestinians, Jews who lost property the city to West Jerusalem. in East Jerusalem after 1948 were permitted under Israeli law after 1967 to have their property returned or receive appropriate compensation. The Politics of Population 1922 1983 Jews 34,100 Israelis 306,600 For most of its history Jerusalem has been Palestinians 28,100 Palestinians 122,400 a city with a mixed population. Today both Source: British Mandate Census Source: Israel Gov’t Census Palestinians and Israelis live in Jerusalem. Jerusalem is a holy city to Jews, Christians 1946 1996 and Muslims. Since 1967, however, the Jews 99,300 Israelis 412,000 policy of every Israeli government towards Palestinians 65,000 Palestinians 168,500 Jerusalem – through demographic and Source: British Mandate Census Source: Israel Gov’t Census planning discrimination – has been to limit 1967 2002 and reduce the number of Palestinians living Israelis 197,700 Israelis 458,600 in Jerusalem in order to maintain a Jewish Palestinians 68,600 Palestinians 221,900 demographic majority in all of Jerusalem. Source: Israel Gov’t Census Source: Statistical Yearbook of Jerusalem, 2002 Peacebuilding Unit • 1501 Cherry Street • Philadelphia, PA 19102-1403 www.afsc.org/middleeast Legal Aspects International and Israeli Law Bilateral Agreements What is the legal status of – i.e. the same status as the West Jerusalem? Bank and Gaza. More recently, the Camp David (1978) The international community does United States has begun to refer to Jerusalem is only mentioned in let- not recognize Israel’s unilateral claim East Jerusalem as “disputed” terri- ters appended to the document. to Jerusalem as the “undivided” and tory even though it still regards the Egyptian President Sadat called East “eternal” capital of Israel. West Je- city to be occupied territory. Israel, Jerusalem an integral part of the rusalem is regarded as the de facto, on the other hand, considers itself as West Bank and advocated power- but not the de jure capital. As such, the legal successor to sovereignty in sharing in Jerusalem. Israeli PM Begin referred to Jerusalem as the most foreign Embassies remain in East Jerusalem, arguing that it filled indivisible capital of Israel under a Tel Aviv, while some states have two a legitimate vacuum of sovereignty in single Jewish sovereignty. Consulates in Jerusalem – one in the a defensive war in 1967. East and the other in the West. Israeli-Palestinian Declaration Did Israel “annex” East Jerusalem? of Principles (1993) What is the legal status of East In 1967 Israel extended the munici- Jerusalem? pal borders, dissolved the Arab mu- Defines Jerusalem as one of the The international community, includ- nicipality, and extended Israeli law, several final status issues to be negotiated between Israel and the ing the United States, considers East jurisdiction and administration to Jerusalem to be occupied territory PLO. Jerusalem thus, under the East Jerusalem. The confiscation of agreement, is accorded a status land and construction of settlements different from that of the West Bank has created a de facto annexation. and Gaza. UN Resolutions However, Israel has never used the UN General Assembly terms annexation or sovereignty with Jordan-Israel Agreement (1994) Resolution 181 regard to East Jerusalem. In addition, (The “Partition Resolution”) Israeli law has not been applied to Outlines a special role for Jordan in East Jerusalem in several key areas, the administration of the Muslim Holy Prior to 1948 the UN called for Places in Jerusalem. However, Jor- including personal and religious status Jerusalem to be placed under a dan may hand over control of Muslim separate international regime. The as well as education. Holy Places to the Palestinians in the governor would be neither Arab event that they gain control of East nor Jew. Israeli Law Jerusalem once negotiations have The Basic Law: Jerusalem, Capital of been completed. Israel (1980). This law defines Jeru- UN Security Council salem as the “complete and united” Resolutions 242 & 338 capital of Israel. However, it does (“Land for Peace”) not contain reference to the borders Following the 1967 war and occupa- of Jerusalem nor does it contain the International Law tion of East Jerusalem, the UN, no words annexation or sovereignty. In longer advocating the internation- addition, the Basic Law as passed in Fourth Geneva Convention (1949) alization of the city, called for the 1980 does not require a qualified Article 49(6) prohibits an occupying withdrawal of Israeli forces from Knesset majority to alter the Law. power from transferring parts of its the territories occupied during the own civilian population into the ter- 1967 war, including East Jerusalem. Basic Law: Jerusalem (1980) ritory it occupies. Subsequent UN Resolutions have called upon Israel to rescind all 1. Jerusalem, complete and united, is measures taken and desist from fur- the capital of Israel. Hague Regulations (1907) ther actions which alter the status of 2. Jerusalem is the seat of the Presi- Regulation 43 requires an occupying Jerusalem. Actions already taken, dent of the State, the Knesset, the power to continue to apply the legal such as settlement construction, principles that were in force when the are considered invalid and a viola- Government and the Supreme occupation began. tion of international law. Court. 2 Planning and Development of Jerusalem The Politics of Planning planned for Jews while only 500 for Planning Procedures Israeli planning in Jerusalem is Palestinians.+ Palestinian builders Not one new neighborhood for guided by the objective of maintaining are often limited to 2 story housing Palestinians has been constructed in a Jewish majority in the city. While units while Jewish housing units have East Jerusalem since 1967. There are the construction of Jewish settlements up to 8 stories.++ no comprehensive planning schemes for Palestinian neighborhoods while in East Jerusalem expands the Jewish * Greater Jerusalem: Alternative Municipal population, restrictions on Palestin- Frameworks, 1990. Spot Zoning reduces the amount of land available for development in ian development limit and reduce the ** Y. Kimhi, Outline of the Development of Palestinian population. Jerusalem 1988- 1990. Palestinian neighborhoods.* Palestin- ians pay 26% of municipal services + S. Kaminker, “Facts and Figures.” Construction Restrictions cost but receive 5% of those services. ++ S. Kaminker, “East Jerusalem: A Case Only 2-12% of total municipal budget In 1999 the average Jewish popu- Study in Political Planning.” 1995 lation density was 1 person per room, the average Palestinian population density 1.8. To meet only existing Since the occupation of East Jerusalem in 1967, the policy of needs many experts believe that an Israeli mayors has been consistent. additional 21,000 units must be built. The Municipality grants an average Mayor Kollek’s Jerusalem (1967- 1993) of 150 - 200 permits a year for Arab “We said things without meaning them, and we didn’t carry them out. We said over housing and demolishes 25-50 units and over that we would equalize the rights of the Arabs to the rights of the Jews in a year. Between 1967-2001, 80,800 the city—empty talk .… Never have we given them the feeling of being equal before units were built in Jerusalem for the law. They were and remain second – and third-class citizens. Jews, most of them with government subsidies and 44,000 of them on land “The mayor nurtured nothing and built nothing. For Jewish Jerusalem I did some- thing in the past 25 years. For East Jerusalem? Nothing! What did I do? Nothing. expropriated in East Jerusalem. Some Sidewalks? Nothing. Cultural institutions? Not one. Yes, we installed a sewerage 19,900 homes were built for Pales- system for them and improved the water supply. Do you know why? Do you think it tinians.
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