Palestinian Family loses property ownership case in Israeli court
IMEMC | April 02, 2012
Israel’s Supreme Court ruled on Monday that a prominent Palestinian family could not claim ownership of a landmark and now derelict building in East Jerusalem.
The Husseini family said the Shepherd Hotel, now partially demolished, is a symbol of the Palestinian rights to their land and to East Jerusalem, and strongly criticized the court ruling.
The Shepherd Hotel was built in the 1930s and served as the home of Jerusalem grand mufti Haj Amin Husseini.
It was declared “absentee property” by Israel after it was captured and annexed to East Jerusalem in 1967. The title was transferred to an Israeli firm, which sold it in 1985 to Irving Moskowitz, a Florida businessman and patron of Jewish settlers.
The “absentee property” law has been enforced by Israel since 1948 which allowed the Israeli authorities to confiscate land and property of Palestinians who were prohibited to return to their land and property after 1948.
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The Forcible Transfer of the Palestinian People from the Jordan Valley
By Mercedes Melon | Badil Resource Center | Spring-Summer 2012
Forcible transfer and deportation are terms that commonly evoke images of people being loaded onto trucks or trains or violently driven away.1 Forcible transfer, however, may also take the form of involuntary or induced movement of people resulting from the creation of insecurity, disorder, or other adverse conditions, for the purpose of, or resulting in such migration. Article 49 of the Fourth Geneva Convention prohibits all forcible transfers. Only the security of the population of the occupied territory or imperative military reasons can exceptionally justify total or partial evacuation of an area under occupation. Those evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
A key criterion to assess the forcible nature of the displacement is whether or not the transfer is the result of the individual’s own genuine choice to leave.2 As developed in the case law of the International Tribunal for the Former Yugoslavia (ICTY), forcible transfer is understood as the forced displacement of persons from where they reside to a place that is not of their own choosing and “includes threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or persons or another person, or by taking advantage of a coercive environment.”3 The ongoing forcible transfer of the Palestinian people from or within the Jordan Valley in the Occupied Palestinian Territory (OPT) is a clear example of this kind of transfer (sometimes misleadingly called “indirect transfer”).
The facts speak for themselves. Although there is uncertainty as to population levels in the past, it is estimated that between 250,000 and 300,000 Palestinians lived in the Jordan Valley on the eve of the 1967 Israeli military occupation.4 After more than 40 years of occupation, the Palestinian population in the area has been dramatically reduced to 56,000.5 However, the displacement of Palestinian people from their homeland is not a phenomenon relegated to the past, but an ongoing process… continue
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