The Protection Gap in Sheikh Jarrah
For decades, Israel has been attempting to displace Palestinians living in Sheikh Jarrah, a
neighborhood in Jerusalem, after Israeli courts declared that a Jewish organization in fact owned
the land on which the neighborhood was built. This attack is carried out as part of Israel’s broader
campaign to ethnically cleanse Jerusalem of Palestinians and “secure the future of Jerusalem as
a Jewish capital for the Jewish people”.417 Over 550 Palestinians in Sheikh Jarrah are at risk of a
second displacement, given that they are also 1948 refugees who relocated to the neighborhood
after the Nakba. Israel is seeking to replace these Palestinian residents with colonizers, and to use
their lands and properties for the benefit of various settler-colonial organizations such as Elad
and Ateret Cohanim. These organizations specialize in using Israel’s colonial laws to file ‘eviction
lawsuits’ against Palestinian property owners in order to control Palestinian estates through complex
purchases that do not involve the actual Palestinian owners of the property.418 To justify its blatant
violations of international law, Israel has employed its colonial-apartheid courts to effect the forcible
displacement of Sheikh Jarrah residents via a long-winded, bureaucratic process. The people of
Sheikh Jarrah are thus forced to live in an unending situation of precarity, without legal protection
as IDPs and under continuous harassment from Israeli soldiers and colonizer ‘settlers’, with any act
of resistance being subject to violent punishment.
416
OCHA, Masafer Yatta (n 144).
Arieh King, quoted in Joel Beinin, ‘Sheikh Jarrah: Epicentre of Israel's plan for Jewish supremacy in Jerusalem’ (Middle
East Eye, 20 May 2021) <https://www.middleeasteye.net/opinion/israel-palestine-sheikh-jarrah-judaise-jerusalem>
accessed 3 October 2022.
418
OCHA, ‘Palestinian family evicted from its home in East Jerusalem’ (OCHA, 10 December 2020) <https://www.
ochaopt.org/content/palestinian-family-evicted-its-home-east-jerusalem> accessed 3 October 2022.
417
91
Chapter
Palestinians living in Masafer Yatta, a collection of 19 small villages and homesteads in the
South Al-Khalil Hills, have been under the threat of forcible transfer since the Israeli military
declared the area to be ‘Firing Zone 918’, a closed military zone, in the 1980s. Today, around
1,150 Palestinians live in Masafer Yatta, comprising 215 households. The Israeli High Court of
Justice (HCJ) recognized in a 1999 injunction that Palestinians had been living on the land before
it was declared to be a firing zone, and therefore could not lawfully be evicted. However, in May
2022, after the Israeli military sought to expel all Palestinian residents under the pretext that the
area be used for military training exercises, the HCJ rescinded the injunction and stated that there
were no legal barriers to the evictions going ahead. Dozens of homes, particularly in the villages
of Khirbet al-Fakhiet and Mirkez, have since been demolished. Israeli colonizers living in the
nearby colonies such as Mitzpe Yair and Maon frequently terrorize Palestinian residents under the
visible protection of Israeli soldiers. Efforts of local activists and humanitarian organisations to
protect and develop basic infrastructure in the area are hampered by Israeli authorities, who have
imposed blanket ‘stop work’ orders on all Palestinian construction, and simultaneously refuse to
issue building permits. All four schools in the area, as well as all four medical clinics, have been
issued with demolition orders. In June 2022, Israeli live-fire military exercises started in Masafer
Yatta, putting the lives and property of Palestinian residents living in the area in serious danger.
It is clear that in Masafer Yatta, the Israeli colonial courts, the military, and the colonial settler
movement are acting in unison to create a coercive environment with the aim of precipitating the
forcible transfer of Palestinians from their ancestral lands.416
3
The Protection Gap in Masafer Yatta
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