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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