The Administrative Arrangements Law, enacted following the occupation of East Jerusalem in 1967, is considered a central legal instrument in real estate disputes, granting Jews the right to claim properties they assert they owned before 1948. In contrast, Palestinians are not afforded similar rights to reclaim their properties in West Jerusalem, reflecting a clear double standard.
This law enables the Israeli Property Custodian to issue ownership certificates and file lawsuits, contributing to demographic changes in neighborhoods such as Sheikh Jarrah and Batan al-Hawa. Settlement organizations utilize this law to demand Palestinian families vacate properties, leading to forced evictions and the dismantling of local communities.
Details of the Law's Implementation
The Judicial and Administrative Arrangements Law of 1970 is linked to historical events dating back to the late 19th century, when Jewish donors began purchasing land in the Silwan area. These donors established the endowment known as the Benevenisti Trust, which created a residential nucleus later known as the Yemenite Village. This settlement continued until 1938, when British authorities forced the village's inhabitants to evacuate for security reasons.
After the occupation of East Jerusalem in 1967, many Palestinians settled in neighborhoods like Batan al-Hawa and Sheikh Jarrah, purchasing their land from local owners or building on it during the Jordanian rule. However, the Palestinian residents were unaware that these lands were registered under an old Jewish endowment, rendering their ownership subject to disputes.
Background & Context
The Judicial and Administrative Arrangements Law emerged amid profound political transformations following the 1967 War, where the expansion of Jerusalem's borders and the imposition of Israeli sovereignty created an unprecedented legal situation. A legal framework was adopted allowing for the restoration of previous ownerships without the principle of reciprocity, adding a political dimension to the legislation that transcends its legal nature.
The law also falls within a broader system that redefined the legal status of Palestinians in Jerusalem, developing specific legal formulas to manage their existence and rights. The law stipulates that those considered property owners in East Jerusalem can reclaim it through the Israeli Property Custodian, but the practical application of this provision has exceeded its procedural framework.
Impact & Consequences
The law has turned into an organized approach for property acquisition in East Jerusalem neighborhoods, threatening entire Palestinian neighborhoods with extinction. Statistics indicate that approximately 175 families face the risk of eviction in Sheikh Jarrah and Batan al-Hawa, reflecting the dismantling of local communities that have lived in these areas for many years.
This policy has resulted in eviction orders against hundreds of families, as the Israeli Supreme Court rejected Palestinian appeals, paving the way for waves of forced evictions. Following these evictions, homes are transformed into settlement outposts where Israeli flags are raised, aiming to alter the urban and demographic landscape of the area.
Regional Significance
The Judicial and Administrative Arrangements Law extends beyond its declared goal of restoring historical properties, becoming a tool for enforcing forced demographic change. This change aims to replace Palestinian residents with organized settlement groups, threatening the cultural identity of Palestinian neighborhoods.
In conclusion, the application of this law demonstrates how legislation can be utilized as a tool to achieve political objectives, raising widespread concerns about the future of Palestinians in Jerusalem and its impact on regional stability.