Who is Correct in Sheikh Jarrah?

Dispute in Sheikh Jarrah actually resulted into war between Palestinians (of Gaza Strip) and Israeli forces in May-21. The court verdict, which was delayed due to tensions between Palestinians and Israeli settlers in West Bank, is about to come now. I will throw some statements. You need to draw your own conclusion.

1.       Israel was declared as independent country in 1948. West Bank was Jordanian territory till 1967.

2.       During Jordan’s rule in West Bank, Jordanian govt forcefully evacuated Jews from their properties and distributed those properties to Palestinians. But Jordanian govt never transferred property rights to Palestinians. Many Palestinians are living in such properties since 1950.

3.       Israel occupied West Bank during 6 Days War with Arab countries in 1967. Israel has not officially annexed West Bank into their territory unlike Golan Heights. But Israel had military rule on West Bank since then.

4.       Jordan stripped off Jordanian citizenship of Palestinians in 1988. Since then, Israel established semi-civil authority on entire West Bank. Palestinian Authority is a different subject.

5.       Israeli parliament passed a law that Jews can claim their properties in West Bank which was taken away by Jordan in 1950.

6.       Jews filed many cases in Israeli courts claiming such properties back. Properties in Sheikh Jarrah are few of them. Many Jews have already won similar cases in other parts of West Bank.

7.       Jews who are claiming these properties have documentary evidence that these properties belong to them. But the current Palestinians occupants of these properties do not any proof that Jordanian govt has transferred property rights to them.

8.       West Bank is occupied territory for UN and many countries (Including India) recognize that.

9.       Can Israel impose their rules on occupied territory? As per UN resolution, international laws are applicable in occupied territory. But Israel has passed the law that West Bank will have Israeli court’s jurisdiction.

10.   Palestinians of West Bank says that it is occupied territory and hence Israeli court does not have any jurisdiction over West Bank. International laws should prevail here.

Finally, who should get these properties you think?

1.       People who owned them till 1950 and was taken over forcefully by Jordan. But property ownership never transferred to Palestinians by Jordan.

Or

2.       Palestinians who are living in these properties given by Jordanian govt in 1950 but they do not have any proof of ownership.

Whether law should prevail or Humanitarianism? Who is correct in Sheikh Jarrah Israeli courts or Palestinian people?

 

Satish Gundawar

4-Aug-2021