Rights and Wrongs in East Jerusalem

The outcry over Israel’s eviction of two Palestinian families in the east Jerusalem neighborhood of Sheikh Jarrah has been deafening. “Provocative”, “contrary to peace”, “violations of Israel’s obligations under the U.S.-backed "road map" peace plan” ... Is this criticism fair ? Is it balanced ? I think the international community has missed the point on this whole issue.

Contrary to its portrayal in the media, this was not a political act. It was a legal one. The Israeli Supreme Court, renowned for its professionalism and impartiality, has ruled that the property does not belong to the Palestinians who lived there. It was purchased during Ottoman rule by Jews. After 1948, when the Jordanians gained control of that part of the city, they took over these plots under the Enemy Property Law. In 1956, 28 Palestinian families that had been receiving refugee assistance from UNRWA were selected to benefit from a relief project, in which they forfeited their refugee aid and moved into homes built on this formerly Jewish property. There is little dispute that the evictions were legal in terms of Israeli law.

A democratic state must adhere to the rule of law. If the Supreme Court makes a ruling, no matter how controversial, it must be implement. The international community cannot and should not expect the government of Israel to short circuit, the independence of its judiciary no matter how heart breaking the images of Palestinians thrown onto the street maybe.

But what they can demand is that Israel applies the rulings of the Supreme Court equally. The international community should be asking if Sheikh Jarrah why not the tens of illegal outposts in the West Bank that the Supreme Court has called on the government to dismantle. Why is it that alternative accommodation is sought for the illegal squatters in Migron before they are evicted but no such care is taken for these Palestinian families ? There certainly does seem to be a double standard. One that is unacceptable and Israel should be called out for.