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Feature

‘Imagine you live here for 65 years, then they put you on the street: is it legal?’

Ben Lynfield
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Published: 27 July 2021

Last updated: 4 March 2024

Next week Israel’s Supreme Court will decide whether to hear an appeal by Sheikh Jarrah Palestinians against their eviction. Ben Lynfield talks to people on both sides of the dispute

A DAY AFTER being treated in hospital for chronic pulmonary illness, Aref Hammad was back in his home of 65 years in the Sheikh Jarrah neighbourhood, trying to rest.

But it won't be for long if Israeli-government backed settlers get their way and evict him, his family and seven other families as part of what observers say is an "unprecedented" escalation of settlement in East Jerusalem, which was captured during the 1967 war and then annexed in contravention of international law.

Rather than targeting individual Palestinian homes for takeover as was the case in the past, the settlers now seem to be setting their sights on entire Arab neighbourhoods.

Sheikh Jarrah is 15 minutes’ walk away from Herod's Gate into the Muslim quarter of the walled Old City, another occupied area which contains Judaism's holiest site, the Temple Mount, also revered by Muslims as the promontory of Al Aqsa mosque, Islam's third holiest shrine.

"Every day I'm in the street because I'm afraid the settlers will do something bad to our neighbourhood,"says 70-year-old Hammad. "I try as an old man to help our community. I can't do a lot of things as an old man. Just I sit outside and show I'm here.

"I can't stay for long outside with the supporters of the families because I need oxygen. I used to need it every couple of days. Now I need it three hours a day," he adds, looking pained.

A settler house (Ben Lynfield)
A settler house (Ben Lynfield)

The Palestinian protest has not been entirely peaceful. In May, around the same time as there were clashes at Damascus Gate in the run up to the Gaza war, Palestinians hurled a number of Molotov cocktails and police responded with sponge-tipped bullets.

On another occasion, a Palestinian from outside the neighbourhood drove his car into the police checkpoint, wounding several officers.

The Israeli Supreme Court is due to rule on August 2 on whether to hear an appeal by the Sheikh Jarrah Palestinians, relating to four houses, against two lower court decisions to evict them on the grounds that Jewish associations had in 1876 acquired ownership of the land on which their houses were built. That is just beneath what is traditionally venerated as the tomb of an ancient Jewish sage and high priest, Simon the Just, who is believed to have lived 23 centuries ago.

If the Supreme Court upholds the verdicts, it  will pave the way for evictions of hundreds of other Palestinians in Sheikh Jarrah as well as hundreds in the Batan al-Hawa area of Silwan neighbourhood and hundreds in other East Jerusalem areas near the old city walls, according to Daniel Seidemann, director of Terrestrial Jerusalem, an NGO that supports Arab neighbourhoods being part of a future Palestinian capital in East Jerusalem alongside Israel's capital.

The lower court decisions were based on legislation and practices that allow settlers to take over property owned by Jews before the 1948 War of Independence in East Jerusalem but bars Palestinians from regaining their original homes inside Israel from which they were expelled en masse, or fled in 1948, and where Israeli Jews now live.

"Applying in one city ruled by one country one set of laws for Jews and one for Palestinians is a stark manifestation of apartheid. There is no other term applicable. I take no pleasure in saying this," said Seidemann. "What we are witnessing in Sheikh Jarrah and Silwan is a humanitarian meltdown. We are engaged in forceful displacement of civilian population under occupation in ways we have never dared before."

Settlers and their backers counter that Jews have an inherent right to live anywhere in their ancient and eternal capital, even more so around the area where Simon the Just was purportedly buried.

We're tied to our forefathers’ land and it bothers the Arabs who have 99 percent of the land in the Middle East - Yonatan Yosef, a hard- right city councillor.

''We're tied to our forefathers’ land and it bothers the Arabs who have 99 percent of the land in the Middle East," says Yonatan Yosef, a hard right city councillor who formerly lived in Sheikh Jarrah and is a driving force behind eviction and settlement there. There have been five evictions from individual houses since 1998. Seventeen Jewish families now live in the area, Yosef says.

"There is no Palestinian people; there never was or will be and we are here forever," Yosef says.

To be sure, history has not been kind to the Palestinians of Sheikh Jarrah, now facing their second expulsion after they or their forebears were forced out of or fled their homes in West Jerusalem, Jaffa, Acre and other places.

The parents of Hammad, who stopped his work as an electrician in 2010 because of his ailment, came from Haifa. "They left because of the war. I don't know exactly what happened," he said.

When they got to East Jerusalem, then controlled by Jordan's Arab Legion, they lived as UN-registered refugees in a car garage where his uncle worked as a mechanic and in a school where his grandmother was a janitor. Now there are 18 family members, including small children in two homes slated for eviction.

Palestinian youth detained by police in Sheikh Jarrah (Ben Lynfield)
Palestinian youth detained by police in Sheikh Jarrah (Ben Lynfield)

In 1954, the Jordanian government reached an agreement with the United Nations Relief and Works Agency (UNRWA) in which the latter could build homes on vacant land for the Sheikh Jarrah refugees on the basis of three-year renewable leases.

Unbenownst to the refugees, the vacant land right beneath the tomb had been purchased eight decades earlier by two Jewish associations, the Ashkenazi Knesset Yisrael and the Vaad Edat Sfaradim, according to Seidemann.  That is why the Israeli courts could back eviction even though forced displacement by an occupying power is a war crime according to international law.

Yosef says a decision not to follow through with planned evictions would constitute a surrender to the leader of Hamas’ armed wing, Mohammed Deif, who in May vowed Israel would pay a heavy price if it did not desist from the eviction plans.

"Tomorrow Deif will say don't live in Jerusalem or Tel Aviv. Our very presence as Jews in the Land of Israel disturbs them. But they will get used to it. Quiet will return to the neighbourhood in a few weeks, months or half a year."

"The Arabs are offered alternative housing [by the settler groups]," Yosef added. "The fact that they refuse to take it is because they are waging a nationalist struggle.

 "I am on the Jewish side and whoever is on the side of Mohammed Deif will be dealt with accordingly," Yosef said.

The settlers charge the police with being too soft on the Palestinians. Hammad and other Palestinian residents say the settlers vandalise their property with impunity and that police take the side of the settlers. Hammad showed a picture of his car with its back window smashed in. He says police frequently enter his home and ask him if there is anyone from outside the neighbourhood.

They began to offer money but no one agreed because if we take it, it means they are right - aref Hammad.

On one occasion, he says police sprayed him with extremely foul water (which the police call skunk water) and they also use sound bombs without reason. He sees the police behaviour as harassment to make the Palestinians leave.

The police spokesman's office said in response: "The police forces and border police work to face the disturbances in a professional and equal manner. The use of skunk comes only after other attempts to disperse rioters, and is designed to maintain law and order and stop the violent riots that could harm human life."

During a confrontation witnessed last week by The Jewish Independent, police seemed even-handed in separating the two sides, although the settlers tried to order the police to arrest Palestinians. They detained one Palestinian teen.

A settler followed this reporter around, repeatedly taking pictures of him and uttering repeatedly the words Sheikh Munis, the destroyed Palestinian village where Tel Aviv University now stands. When the police told him to move away from the middle of the street, he demanded to see their identification and threatened to call their commander.

Across the street from the Hammad house is a house that settlers moved into after a previous eviction. With six Israeli flags fluttering, a huge Jewish Star of David and the Hebrew words in big letters "the sons have returned to their borders", it looks like a foreign implant. If the eviction goes ahead, the Hammad house may soon look like that too.

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(Jerusalem Post)
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Israel tells court it refuses to give Palestinian LGBTQ asylum seekers work permits
(Haaretz)
PA ready for direct Israel talks, says Abbas confidant
(Ynet)

Hammad says he is not interested in financial compensation to move. "They began to offer money but no one agreed because if we take it, it means they are right. We know it is our land and houses and wouldn't want to go to other houses.

"I want to go back to Haifa but I can't leave this land," he added. "I was born in Jerusalem and have lived in this house for 65 years. All my bad memories and good memories are here."

"They say it's legal, but is it?" asked Hammad, who has trouble breathing and walking and gets around on an electric bicycle. "Imagine you are living here for 65 years. But in a small period of time they pick you up and put you in the street. Is it legal?"

But Yonatan Yosef, the city councillor, says he has "no mercy" for Hammad. "They offered him alternative housing. Whoever says no is stupid and if he's stupid or mentally ill, it's his problem. This is property of Jews and I am not the mental health services."

Photo: Aref Hammad (Ben Lynfield)

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About the author

Ben Lynfield

Ben Lynfield

Ben Lynfield covered Israeli and Palestinian politics for The Independent and served as Middle Eastern affairs correspondent at The Jerusalem Post. He writes for publications in the region and has contributed to the Christian Science Monitor, Foreign Policy and the New Statesman.

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