On December 4, 2007, the Israeli Ministry of Housing and Construction submitted a tender to build new 307 Israeli housing units in the controversial Har Homa settlement which lies at southeastern edge of Jerusalem city, just under two kilometers north of the city of Bethlehem.

 

During the last few years, particularly from the year 2003 the Illegal Israeli settlement of Har Homa, witnessed an intensive construction plans that included several thousands of housing units, the last tender of which was submitted by the Israeli Ministry of Housing and Construction was in January 9, 2007, to build 1000 housing units. See Table 1

Table 1: Israeli tenders to build Housing Units in Har Homa Settlement
Date of Declaration	No. Housing Units
1/March/2003	108
15/August/2003	78
2/April/2004	700
23/August/2004	150
27/August/2005	500
9/January/2007	1000
4/December/2007	307
TOTAL	2843

Source: ARIJ Monthly Report

 

 

The Israeli Deception & Manipulation

Following the declaration of the new tender to build the housing units in Har Homa settlement, Mr. Mark Negev, the spokesman of the Israeli Prime Minister Ehud Olmert indicated that 'Israel have the right to build in the Israeli settlement located in the city of Jerusalem, and Israel has never made a commitment to limit the Israeli sovereignty in the city, also the implementation of the first phase of the road map does not apply to Jerusalem'.

 

Doubtless, the Israeli attempts to make a distinction between the settlements in the occupied West Bank and those in the occupied city of Jerusalem, is to mislead the International community in order to renege from the obligations under the road map to freeze settlements' expansion including the natural growth. The peace conference which was held in Annapolice-Maryland in the United States in November 27, 2007, pointed out the settlements existence and expansion in any form constitute a major obstacle to future negotiation and to the entire peace process.

 

On December 4, 2007, the Israeli Peace Now movement revealed in a press conference held in the city of Jerusalem, that the Israeli authorities demolished only 3% of the Illegal Israeli constructions in the settlements and outposts in the West Bank.

 

The Peace Now also indicated that in the period between 1997 – 2007, the Israeli Civil Administration issued 3449 demolition orders for Illegal structures in the Israeli settlements and outposts in the West Bank, and only 107 of them (3%), had been demolished, however, the peace now report excluded the Israeli settlements in the occupied city of Jerusalem.

 

Map 1: Map of Abu Ghneim (Har Homa) Settlement

 

To Conclude

According to the United Nation Security Council Resolution 242 of 1967, Israel must withdraw from all of the territories it occupied in its aggression in June 5, 1967, and also insures the Illegality of all of the Israeli procedures taken by the Israeli Army including of the confiscation and the capture of the Palestinian lands and properties during and after the war, therefore all of the Israeli settlements which were built on the Palestinian lands in the occupied territory , including East Jerusalem , is Illegal.

 

Furthermore, the partition resolution # 181 issued by the General Assembly of the United Nation in the year 1947 indicated that the city of Jerusalem will subjected to the International sovereignty, which means that the Israeli settlements which was built in the city of Jerusalem since the year 1967 until now is Illegal.

 

Israel, insists on violating the International law rules and legitimacy, and undermining all the efforts carried out for reaching a final agreement with the Palestinians, and the timing of the Israeli declaration to build new housing units, directly after Annapolice peace conference, aim to let the Palestinians and the international community know that Jerusalem according to the Israeli definition will remain under Israeli rule and that none of what Israel committed it self to do include Jerusalem.

 

The  existence of the Israeli settlements in the West Bank and their expansions are Illegal and contradicts with the international law rules, United Nations Security Council Resolutions such as 237 (1967), 271 (1969), 446 (1979),  452 (1979) ,465 (1980), 681 (1990), and 799 (1992).

 

Resolution 446 March 22, 1979 calls on Israel to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories'

 

Also the resolution 452 of the 1979 'calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.'

 

Furthermore the Forth Geneva Convention also states in Article 49 that 'The occupying power shall not deport or transfer parts of its own population into the territories it occupies.' and Article 174 of the same convention “prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.'

 

Article XXXI, Oslo II, 1995: 'Neither side shall take any step that will change the status of the West Bank and the Gaza Strip.

 

Finally the Roadmap signed on April 30, 2003, between Israel and the Palestinians (originally developed by the United States, in cooperation with Russia, the European Union, and the United Nations (the Quartet)) under which the Israeli Government agreed to freeze all settlement expansion and the natural growth as well as evacuating and dismantling all of the Illegal Israeli outposts installed since March 2001.

 

 

 

Prepared by
The Applied Reserach Institute – Jerusalem