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Legal Status of the Population of East Jerusalem since 1967 and the Implications of Israeli Annexation on their Civil and Social Rights

Legal Status of the Population of East Jerusalem since 1967 and the Implications of Israeli Annexation on their Civil and Social Rights

By Advocate Usama Halabi (LLM). "International humanitarian law unequivocally prohibits Israel's annexation of East Jerusalem and the application of Israeli laws, administration and jurisdiction to the occupied city.

However, Israel has disregarded its obligations under IHL, since 1967 and has dealth with Jerusalem differently from the West Bank and Gaza Strip. From the outset of the occupation, Israel has attempted to annex East Jerusalem to create a "complete and united" Capital of Israel, thus imposing Israeli law in the occupied city and making it applicable to residents of occupied Jerusalem. This paper addresses the repurcussions of this decision on the legal status of the residents of Jerusalem and on their civil, political and social rights, and explains the difference between "citizenship" and "permanent residency" according to the Israeli law currently in force in Jerusalem. Further, the paper discusses different continuous attempts by Israel to isolate the City of the West Bank and to weaken its Palestinian population on the one hand, and to strengthen the Jewish presence, on the other." (Excerpt from Introduction)

Read the full paper.

This paper can also be found in 42 Years of Occupation: Jerusalem File.


The Views of 'Anonymous'

I am inclind to agree that Jewish people should be allowed to live in any part of the territory under the control of the state of Israel. The problem however is that that right, with its associated freedoms, is not extended to the Palestinian Arab population who live in the same territory.

Palestinian freedom of movement is severely curtailed, and so long as there are discriminatory legal systems applied to different groups on the basis of their ethnicity, there will always be conflict.

All people, irrespective of their ethnicity, should be free to live and move around whilst subject to the same laws. That is what happens in European democracies, and that is what Israel needs to establish if it seeks true legitimacy as a Western demoracy.

Thank you

Thank you very much for posting this. I'm very glad to have had the opportunity to read this paper and will share it with my students.

I completely reejct your

I completely reejct your characterization of the Jews living in Judea/Samaria (and Sheikh Jarrah, for that matter) as colonists . Unless, of course, you also consider David Ben-Gurion and Golda Meir as colonists too, because they came from outside the country and settled in it AGAINST the will of the local Arab population. The Arabs do not recognize the outcome of the 1948 Israel War of Independence and do not recognize the cease-fire line (the so-called Green Line ) as a political border. The proof of this is their demand for the so-called Palestinian Right of Return to WITHIN the Green Line, showing they do not recognize sovereign Israeli rights to decide who lives within those lines.The fact is that large numbers of Jews lived in Sheikh Jarrah before 1948, and also Jews lived in Judea/Samaria and Gaza for centuries before the State of Israel arose.If a Jew has a right to live in Tel Aviv then he has a right to live in Hevron. If he does NOT have a right to live in Hevron, then he has no right to live in Tel Aviv.

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