build the Western Wall Plaza.94 Palestinian families were then prohibited by the
Israeli authorities from buying any apartment in the newly built blocks in the
Jewish Quarter.95 Altogether, Israel has utilized use of force in all of Jerusalem
to expel the Palestinian people and confiscate their properties.
B. Israeli Legislation
1. Annexation Decree: Jerusalem Basic Law
On 28 June 1967, Israel extended the application of Israeli law, jurisdiction
and administration to the area of east Jerusalem. Such decree amounted to de
facto annexation and was immediately condemned by the Security Council in
May 1968. Indeed, Resolution 252 declares all legislative and administrative
measures over Jerusalem which tend to change its status as invalid, illegal and
in flagrant violation of international law.96 Nevertheless, Israel continued with
impunity its land confiscation process and declared Jerusalem as “the complete
and united capital of Israel” in 1980, despite the international community’s
condemnations and refusal to recognize it. Adopted by the Knesset in 1980, the
Jerusalem Law transformed the annexation from de facto to de jure. It declared
Jerusalem “complete and united” as the “capital of Israel”, and applied to both
the western and eastern parts of Jerusalem within the expanded boundaries
defined in June 1967.
Out of the 70.5 square meters of East Jerusalem unlawfully acquired in 1980,
24 were confiscated for public purposes such as the creation of national
parks. As occupied territory, east Jerusalem is protected by international law.
Article 23 (g) of the Hague Regulations strictly prohibits the occupying power
from destroying or seizing enemy’s property unless imperatively demanded
94 B’Tselem, [ נתונים על הפקעת קרקעות במזרח ירושלים והשימוש בהןData on land
expropriation and use in East Jerusalem], 28 August 2013, Accessed 15 February 2022,
Available at: https://www.btselem.org/hebrew/jerusalem/land_expropriation_
statistics (in Hebrew).
95 Muhammad Said Burkan v. The Minister of Finance and others, Case HCJ 114/78, judgment,
4 July 1978 (an unofficial English translation is available at https://hamoked.org/
files/2010/112340_eng.pdf).
96 UN Security Council Resolution 252 (1968) of 21 May 1968.
24
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