Silwan was placed under an Israeli military imposed curfew.177 The presence
of colonizers in East Jerusalem goes hand-in-hand with the presence of
Israeli police and military personnel, which creates friction and stress for
the local Palestinian population. Furthermore, the children of Silwan are
subject to arbitrary detentions, house arrests and mistreatment by the
Israeli army on a daily basis.178 The 81 families together with the rest of the
Palestinian residents of Silwan face an intensely coercive environment.
Property confiscation in Batan al-Hawa has escalated at an alarming
pace. To date, Ateret Cohanim has control over 27 housing units in the
neighborhood, most of which were homes of Palestinian families.179 The
Israeli judiciary system has been condoning this type of “organized state
violence,” which has been effectively dispossessing and forcibly transferring
protected persons, in gross violation of GCIV.180 The existence of this
dubious quasi-governmental relationship has been directly acknowledged
by the colonizer organizations themselves. According to Doron Spillman,
El’ad’s Director of Development: “This is a government project. We are
almost a branch of the government of Israel without getting buried under
government bureaucracy.”181 With the exploitation of the Absentee Property
Law, El’ad, for instance, has been given 36 dunums of the total 116 dunums
of land in the Silwan neighborhood of Wadi Hilwe.182
The UN Human Rights Council appointed an independent fact-finding mission
to investigate Israeli colonies in the oPt. This international mission submitted
a report in 2013 that corroborated the Klugman Report’s finding that the
Custodian of Absentee Property was indeed an “institution to dispossess
Palestinians of their land and property.”183 The UN report found that the
confiscations occurred without proper testing of the validity of evidence that
177 UN OHCHR, “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
and the occupied Syrian Golan,” October 2016, 3, available at: http://www.ohchr.org/Documents/
Countries/PS/SG_Report_on_Israeli_A.71.355.pdf
178 Defense for Children International Palestine (DCIP), “Arrest and abuse by Israeli police part of life for
children in Silwan,” 22 February 2014, available at: http://www.dci-palestine.org/arrest_and_abuse_
by_israeli_police_part_of_life_for_children_in_silwan
179 B’Tselem, “Batan al-Hawa neighborhood, Silwan: The next target for ‘Judaization’ of E. J’alem”,
11 December 2016, available at: http://www.btselem.org/jerusalem/20161208_batan_al-hawa
[accessed 22 September 2017][hereinafter B’Tselem, “Batan al-Hawa”].
180 Rapoport, “Shady Dealings in Silwan,” 39, supra note 176.
181 Id., 45.
182 Id., 13.
183 UN Human Rights Council, Report of the independent international fact finding mission to investigate
the implications of the Israeli settlements on the civil, political, economic, social and cultural rights
of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem (A/
HRC/22/63), 7 February 2013, 32.
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