GICJ calls for an immediate end to violence and forced evictions against Palestinians

By: Irene Sacchetti /GICJ

Geneva International Centre for Justice (GICJ) calls on the international community to exert all the necessary pressure on Israel, the occupying power, to immediately stop its unacceptable aggressive response to protests in East Jerusalem. Also, we pressure Israel to remove the threat of eviction of Palestinian families from their homes, primarily in the East Jerusalem neighbourhoods of Sheikh Jarrah and Silwan as it is contrary to international law obligations and violating fundamental human rights.

Forced Evictions in East Jerusalem

The judaization of Jerusalem and ethnic cleansing of Palestinians is not history, but still happening. In fact, what is taking place in East Jerusalem and the West Bank, especially during the last few days, is not merely military occupation, but the reflection of violence, atrocities and human rights abuses perpetrated to Palestinian people. Palestinian families living in East Jerusalem neighbourhoods of Sheikh Jarrah and Silwan are at risk of expulsions and evictions by Israel, according to two discriminatory Israeli laws (the Absentee Property Law of 1950 and the Legal and Administrative Matters Law of 1970) that prohibit Palestinians from reclaiming their properties lost in the 1947-49 war and allow Israeli Jews to re-claim properties lost during the same war. These laws are not only inherently discriminatory, but also contrary to international humanitarian law and international human rights law.  In fact, as underlined by the UN High Commissioner for Human Rights, along with UN Experts Mr. Lynk, Special Rapporteur in the situation of human rights in the Palestinian Territory occupied since 1967, and Mr. Rajagopal, Special Rapporteur on adequate housing, an occupying power is prohibited from confiscating private property belonging to the protected population and it must respect existing law of the territory, unless absolutely necessary to alter them. Moreover, forced transfer of population and forced evictions are grave breaches of the Fourth Geneva Convention as well as the right to adequate housing, a core human right in international law.

Violent Israeli police crackdown against protesters

As if it were not enough, atrocities and attacks against Palestinian people and worshippers intensified in the last days, in an environment of tension due to forced evictions in East Jerusalem. Settlers’ acts of violence against Palestinian residents and consequent protests erupted in solidarity with the people in Sheikh Jarrah. Despite numerous call on Israel from all around the world, including UN leaders, to respect the right of peaceful assembly of Palestinians and their right to speak out against all acts of violence and incitement, Israeli security forces injured and arrested dozens of people protesting in the neighbourhood. As reported by The UN’s child rights agency (UNICEF), at least 29 Palestinian children have been injured and eight were arrested in Israel’s crackdown on demonstrations in occupied East Jerusalem over the past two days.

The repression in the name of the establishment of the Israeli domination culminated on Monday 10 May 2021, after Israeli forces raided the Al-Aqsa Mosque compound, violating for a second time a holy site with a barbaric attack on worshippers during their last days of Ramadam. The Mosque, representing one of the most important holy sites for every Muslim, has been profaned by the Israeli forces who expelled all the worshippers, confiscated the keys from the guards and prevented the press to enter in order to impose control over the place and the people.

The protests in support of Palestinians risking evictions in East Jerusalem started all throughout the occupied Palestinian Territories and cities where there are Palestinian residents like Haifa. The response came also on Gaza Strip, where Hamas earlier warned Israel to stop the violence against Palestinians worshippers at Al-Aqsa Mosque in Jerusalem, after three days of raids, a month during which Israeli forces tried to stop Muslims entering the Old City and hundreds of injured in clashes with Israeli police. However, Israel did not stop its violence against Palestinians and militants in Gaza fired 12 rockets towards Israel and a number of balloons with explosive and incendiary devices attached as a warning. Consequently, Israel has responded by bombing Gaza and raids are still ongoing, bringing the total number of death to 26. The tensions between the two factions skyrocketed after the first warning by Hamas, who fired over 300 rockets from Gaza toward Israel since Monday 10 of May. In a statement issued early today 11 May, Hamas leader, Ismail Haniyeh, said the rocket attacks would continue until Israel stops “all scenes of terrorism and aggression in Jerusalem and Al-Aqsa Mosque”.

An Israeli security agent assaulting a peaceful protestor in Jerusalem

The response of the international community

Following this escalation of violence and tensions in East Jerusalem during the last days, the UN Secretary General Mr. Antonio Guterres, and senior UN officials have expressed their deep concern over the confrontation between Palestinians and Israeli security forces. In a statement released on Monday 10 May 2021, the official spokesperson for the UN Secretary General urged Israel to cease demolitions and evictions, in line with its obligations under international humanitarian law and international human rights law. Moreover, he reiterated  his commitment, including through the Middle East Quartet, to supporting Palestinians and Israelis to resolve the conflict on the basis of relevant United Nations resolutions, international law and bilateral agreement.

Also, today 11 May 2021, UN Experts such as Mr. Lynk, Special Rapporteur in the situation of human rights in the Palestinian Territory occupied since 1967, and Mr. Rajagopal, Special Rapporteur on adequate housing, deplored brutal police response to protests in East Jerusalem and urged eviction threats to be lifted.

Moreover, yesterday on Monday 10 May, the Security Council held emergency consultations in New York due to the escalation of violence in East Jerusalem, as requested by the majority of its members. However, the Security Council has not released yet a statement. Apparently, in the draft of the statement, the members of the Security Council would voice their grave concerns for the escalation of tensions and violence and would call on Israel to cease evictions and to restraint and respect the historic status quo of holy sites. The US mission at the United Nations did not immediately comment on the Security Council meeting. The United States is the top ally of Israel but President Joe Biden has looked also to support Palestinian rights following the pro-Israel administration of Donald Trump.

Our position

GICJ strongly condemns the excessive use of force of Israeli forces against Palestinian protesters and calls upon Israel to respect the right of peaceful assembly of Palestinian people. Moreover, we reiterate our call to the international community to pressure Israel to immediately stop forced evictions in East Jerusalem and the OPT in general, as this heinous practice is violating international humanitarian law and human rights law.

As Israel persists to disregard international law obligations in the occupied territories with complete impunity, the protracted occupation of Palestine will never see an end. By reiterating that Israel must stop using uncontrolled violence against Palestinian people, we expand our call upon the international community and all relevant UN bodies to insist upon Israeli accountability for the war crimes committed. Finally, we request the Security Council to concretely act in order to put an end to the repeated Israeli aggressions, which are day by day intensifying with countless human rights violations.

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