demolished. Deep down, I know that this day is coming. Now, we are waiting; I don’t have a plan for the future and I know that most of the people in Silwan don’t have one either. My family, my husband’s family and everyone I know are still in al-Bustan, so even if I want to leave al-Bustan, where would I go? Israel’s policies are mainly to empty all of Jerusalem of its Palestinian residents. Their goal is to force Palestinian residents out of here and replace them with Jewish-Israelis. Ruba Said, resident of al-Bustan neighborhood, Silwan. Interview: Al-Bustan, Silwan, 22 March 2017 Legal Analysis Israel illegally confiscates occupied Palestinian land in violation of Rule 51 of Customary IHL and Article 23 of the Fourth Hague Convention of 1907 through its use of the Absentee Property Law, fraudulent land sale transactions and declaring lands for public purposes far exceeding the strict exception of imperative military necessity. Israel is also in violation of a number of human rights laws and provisions, including - but not limited to - the provisions associated with the right to the protection of property. The consequences of these violations result in both direct and indirect forcible transfer of protected persons in occupied East Jerusalem. Forcible transfer in Silwan is caused by arbitrary evictions, home demolitions, and the creation of a coercive environment, illustrated by the unbearable economic, physical, and psychological pressures its residents face. The implementation of Israel’s land confiscation policy violates Article 49 of GCIV, which prohibits forcible transfer. These actions can amount to war crimes and, potentially, crimes against humanity, according to the Rome Statute.205 The fraudulent land sale transactions and declaring lands for public purposes are also violations of Article 17 of the UDHR guaranteeing the right of a person to “own property alone as well as in association with others” and the right not be to “arbitrarily deprived of his property;” and Article 17 of the ICCPR, which protects against incidents of “unlawful interference with…. privacy, family, [and] home.” As Testimony 2 elucidates, the impending home demolition or confiscation of their land is accompanied by the myriad of other policies affecting their day to day existence and ability to enjoy other fundamental rights. The lawsuits, 205 Rome Statute, art. 7(d)and art. 8(e)(viii), supra note 57. 71

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