Chapter Three
Jerusalem
From the onset of the occupation of Jerusalem in 1967, until the official – albeit
illegal – annexation of the city in 1980, the Israeli regime has been confiscating
Palestinian land in Jerusalem through a combination of force (A), enactment of
discriminatory legislations (B) and installation of a complex system of zoning and
planning system, all aimed at preventing Palestinian construction and eventually
leading to the demolition of Palestinian homes and other structures (C).
A. Use of Force
Israel resorted to violence and used force to confiscate Palestinian properties in
West Jerusalem during the 1948 War (1) and implemented the same tactic for the
eastern part of the city, during the Six Day War of 1967 (2).
1. 1948: Palestinian Properties in West Jerusalem
At the time of the UN Partition Plan in November 1947, 40 percent of the
property in Jerusalem was owned by Palestinian individuals, 26 percent by
Jewish individuals, while the rest belonged to religious institutions and the
British mandate government. 86 In the course of the 1948 War, some 50,00087
Palestinians from the western neighborhoods of Jerusalem and surrounding
villages were expelled. When the war ended, the newly established State of
Israel, in control of the western areas of Jerusalem, refused to allow Palestinian
refugees who fled during the war to return to their homes and lands.88 Described
86 Schedule of area ownership, reprinted by the Institute for Jerusalem Studies and
Badil, 1998, 33, Available at: https://www.badil.org/phocadownload/Badil_docs/
publications/Jerusalem1948-CHAP6.PDF
87 Daliah Habash and Terry Rempel, “Assessing Palestinian Property in West Jerusalem”,
BADIL, 2002, 184, Available at: https://www.badil.org/phocadownload/Badil_
docs/publications/Jerusalem1948-CHAP6.PDF.
88 Ibid.
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