Apartheid wall legitimized by Israeli supreme court

Haaretz: “Court rejects petition to change route of J’lem envelope fence”

by Yuval Yoaz, November 26th

An expanded panel of nine High Court of Justice judges, headed by retired Supreme Court president Aharon Barak, on Sunday rejected petitions claiming the route of the West Bank separation fence near the village of Bir Naballah, north of Jerusalem, is illegal.

The judges said they were persuaded the route of the fence is based on security considerations rather than political motivations.

The judges noted, however, that the present petitions did not fully examine the ‘gates regime,’ under which the army has promised to operate agricultural gates that would allow farmers to pass in order to work on their lands.

“The petitioners retain the right to petition the court again if they are not satisfied by the arrangements in place,” the judges’ statement said.

The fence near Bir Naballah is part of the “Jerusalem envelope,” the section of the separation fence surrounding Jerusalem.

The “Bir Naballah enclave” was formed when the north section of the Jerusalem envelope was erected, leaving five villages – Bir Naballah, Beit Hanina, El-Jib, Al-Jadira, Qalandiyah – trapped between the fence’s route and Jerusalem’s municipal border.

The five villages have a total population of about 16,500 residents, some of whom carry Israeli identification cards.

The fence encircles the five villages, but roads are being paved to connect them to the areas of Ramallah and Beit Surik in the West Bank, in order to preserve the residents’ way of life. The roads are scheduled for completion within a month.

Three of the petitions were presented by residents of the villages, who claim the fence violates international law and goes against the High Court ruling that found parts of the fence near Beit Surik and the Alfei Menashe settlement to be illegal.

The Council for Peace and Security proposed an alternative route for the fence, but it was rejected as well.

“We don’t have the liberty of preferring the notion of security proposed by the Council for Peace and Security – we must place the military commander’s opinion at the root of our verdict,” Barak said.

“It is clear the military commander went to great efforts in planning the fence in a manner that would limit the harm to the residents of the Bir Naballah enclave as much as possible.”

Barak admitted that were the roads not being paved, the court’s decision on the Bir Naballah enclave would match its decision on the Alfei Menashe enclave, branding the fence invalid.

The petitioners claimed that the considerations behind the fence are political rather than security-minded, and that the fence’s purpose is to “annex Givat Ze’ev and the nearby Israeli communities to the jurisdiction of Jerusalem.”

The roads being paved would, in their opinion, would have “demeaning results and lead to a reality of a ruling people and a ruled people; a people driving on highways and a people imprisoned behind fences, with driving trenches and sunken roads.”

The High Court also rejected petitions by Givat Ze’ev residents and their municipality demanding that the fence be pushed farther from their territory, into the Arab villages.

Israeli police break up non-violent student demonstrations in Jerusalem

by Ma’an, November 15th


Reuters photo from November 9th of a previous demonstration in front of Damascus Gate against the Beit Hanoun massacre

The Israeli occupation police on Wednesday, stopped a peaceful demonstration, organized by hundreds of Palestinian students, commemorating the 18th anniversary of the declaration of Palestinian independence.

The police intervened immediately as the demonstration started, throwing tear gas bombs at the demonstrators in Sultan Solomon Street. They arrested a number of them, charging them with “sedition”.

Israeli police also dispersed another, smaller, demonstration at the Damascus Gate in Jerusalem. Police also arrested two Palestinian students on Zahra Street, for distributing pamphlets, calling for a demonstration to mark the day of independence.

“Hate Does Not Come Easy” – Home Demolition in East Jerusalem

by an ISM volunteer, October 22nd

“I tell my children it’s my fault that our house was demolished. I say that because daddy didn’t have a building permit, I broke the law and so they had to tear it down. I would rather they believe this than that they be angry about the truth. I want them to grow up without being full of hate so that they can concentrate on school and on building a future for themselves.”

The 15-year old house of Hani Totah, proud father of six children and one Arabian thoroughbred mare, was demolished upon orders by Israeli police in November 2005. A year later, he now sits in his brother’s living-room explaining why he feels compelled to lie to his own children. “I want a good life for my children. But how can we have peace when the Israelis want their own house, but won’t let me have one? And the Israelis want their children to grow up to be doctors and engineers, but want my children to be homeless criminals?”

Totah’s house is but one of about one hundred family homes in the East Jerusalem district of Wadi Ij-Juus that have been targeted for demolition. The reason offered for this is that the houses are built too close to the Jerusalem Wall, although Totah and his neighbours are certain that the Israeli authorities simply do not want Palestinian communities to erect buildings within the confines of the city. Yet with rents prohibitively inflated, there is little other choice than to build one’s own house, especially for families with children.

Having earlier been forced out of the rather exclusive inner-city neighbourhood of Qatamon, Totah’s family are now once again being chased off their land. A former rubbish-dumping site, Wadi Ij-Juus is now seen as increasingly attractive for expansion of the Old City’s tourist facilities and contractors have long been eager to exploit the area. Israeli police and judiciary have also long tried to pressure Totah into relinquishing his land – a decision that he says would not be up to him alone but to the entire family as they are all old Jerusalemites and intimately connected to this “the most beautiful” of Palestinian cities.

Tired of waiting, the authorities then decided to take the issue into their own hands. As Totah summarised it; “If we sell, they buy. If we don’t sell, they take the land anyway.” Without prior notice, they arrived in the middle of the day in order to tear the house down. Upon receiving a phone call from his frantic wife who at the time was home alone, Totah had to force his way through the police barricades blocking all the entrances to the valley and the doorway to his own home.

Confused and angry, he attempted to dissuade the police and demolition workers present from going through with the demolition, explaining that they had received no warning. It was explained to him later on that what the authorities usually do is go to homes at times when they assume no one will be home, stick a notice on the door, take a picture, remove the notice and then leave. Totah hurried to the Israeli court in order to have the demolition order overturned. With the help of a lawyer, his emergency petition was successful and a court official informed the Israeli police at the scene of their decision to halt the demolition.

As soon as the police heard this, the bulldozer was put to work, eating away at the red-tiled roof. By the time Totah’s eldest son arrived home from school all that remained of the former family home was a large pile of cracked walls and tangled wires. His father, up until then having channelled his sorrow and anger into action, could no longer contain himself as he saw the tears roll down his son’s cheeks. Occasionally stopping to salvage some belonging identified among the rubble, Totah stumbled about blinded by tears and disbelief.

As if this was not enough, Totah and his family are now forced to pay 420 NIS every month until year 2012 to cover the municipality’s expenses for the demolition and the massive police presence. The thick stack of bills and receipts is a constant reminder of the violent injustice of the Israeli legal system vis-a-vis Palestinian citizens.

Israeli media were quick to cover the story, an American embassy official was there to witness the destruction and all the Palestinian political factions expressed their vehement condemnation of the act. Although comforted by these expressions of support, the family were in dire need of practical help. After having spent two weeks crowded into a small canvas tent donated by the Red Cross, one of Totah’s brothers insisted that they move in with him. The Israeli Committee Against Home Demolitions, ICAHD, has since taken upon itself to locate funding for rebuilding the house and in helping with the construction.

The rebuilding has, however, not been easy. The municipality has repeatedly warned the Palestinian construction workers that if they proceed with the work, they might be arrested and two workers have indeed been detained and later dropped off outside of a Jerusalem checkpoint. International volunteers from Ecumenical Accompaniment Programme in Palestine and Israel (EAPPI) and International Solidarity Movement (ISM) today joined in the work in order to act as some sort of deterrence against police interference. As wooden rafters were being hammered into place overhead, internationals cleared the broken tiles and other rubble from off what will eventually become the floor of the house.

Totah’s young boys eagerly joined in, shovelling stones and shards of glass into buckets with their bare hands. Every once in a while, they would stop to listen to their father explaining how beautiful their home used to be, snuggled in between friendly neighbours and with lovingly tended flowerbeds at the back – now a pile of rubble, a home, a crime-scene. As they sifted through a pile of sand, one of the boys found a collection of shiny stickers which he carefully dusted off and put in his pocket. He glanced up at one of the international volunteers, flashing a shy little smile, as if embarrassed over his sudden nostalgia.

In the afternoon, a cement truck arrived and the construction workers proceeded to guide a giant hose spitting out wet cement at high speed around the roof. Half-way, the cement supply ran out and the second truck had not yet arrived. A few tense phone calls later, it was explained that the missing truck was stuck at a checkpoint somewhere in Jerusalem. Totah sat himself down on a rock to wait. “I look calm but my heart is beating hard in my chest. They have to hurry, the police could be here at any minute and that would be it.” Fortunately, the truck arrived only moments later and the work could continue. Now, the cement must be let to dry for at least five days and so work is suspended until after Eid.

It is estimated that the house, which when finished will be about half the size of the original home, will take a couple of more weeks to complete. Until then, Totah and his family are still living with one of his brothers. For two of his other brothers, the home demolition proved the last straw. Afraid for their families’ safety, they now live in the USA and have no plans on returning to Palestine in the near future. “You must understand”, Totah says. “We are from Jerusalem, not Nablus or Ramallah or Bethlehem. We have more then 300 years of history in this very area. If we cannot live here, we would rather move to somewhere completely different.”

Grateful for the fact that no one was injured during the demolition operation and that his family is still united and strong, Totah seems determined to face the future with the careful optimism of someone who has decided once and for all to overcome every obstacle. “Hate does not come easy”, he remarks as we are watching the video footage of his house mercilessly being torn down, “but these kinds of things make people so angry they lose their minds. I do not want this to happen to my children. And it does not have to happen to them. The only way to win is through love. When you love people and people love you, there is no one who can beat you. When you rule by force of power, you are always under threat.”

Non-Violence on Trial

Mohammad Mansour being tortured durring his arrest June 2004

Mohammad Mansour, a non violent organizer against the illegal Apartheid Wall from Biddu, who works with the International Solidarity Movement, will stand trial, tomorrow. Sunday the tenth of September at 10:30 in the “Peace Court” in Jerusalem. He was initially arrested in June 2004 at a non-violent demonstration against the illegal apartheid wall in Al Ram. A father of five, he was falsely charged with assaulting a police officer, throwing stones and presiding illegally in an “Israeli area.”

The prosecution had offered earlier to close the case if Mohammed would agree to stop participating in demonstrations for the next two years and pay a 3,500 shekel fine. “I would rather go to jail than pay one shekel to the Occupation. It is not I, but those that build the wall that are the criminals” said Mohammed.

Please come and show your support!

The International Solidarity Movement condemns the Israeli legal system’s defence of war crimes committed by Israeli soldiers and settlers and its criminalization of non violent protest against the Occupation and the Apartheid wall.

For more information call:
The ISM Media Office 02-2971824
Mohammed Mansour 054-5851893
Attorney Leah Tsemel 0522-601-602

Palestinians, Israelis and Internationals Rebuild Homes Demolished by the Occupation Forces

by Ernesto

The Israeli Committee Against House Demolitions (ICAHD) has been instrumental in challenging one of the most nefarious features of the Israeli occupation of Palestine – the demolition of Palestinian homes. ISM’ers have begun to pitch in and lend a helping hand with ICAHD’s summer rebuilding camps when not supporting non-violent direct action against the occupation in other regions of the West Bank. ICAHD is currently constructing a home in the Anata community, which nebulously falls under East Jerusalem and West Bank designations. This is the fourth summer in a row that ICAHD has organized a house construction summer work camp for internationals volunteers.

As bombs and rockets are launched on Gaza and Lebanon, internationals and Palestinians are working under the radar to reconstruct a Palestinian home that was demolished by the Israeli Army. What Israel destroys, Palestinians rebuild with the help of allies. Many Palestinian homes are subjected to military demolition every year. Four main reasons guide this destructive activity: Palestinian homes are demolished to assassinate alleged terrorists, as collective punishment for family members of alleged terrorists, to clear a path for the Apartheid Wall, or because the houses are deemed illegal under Israel’s Apartheid laws.


Salim – Palestinian ICAHD member who has been made homeless 4 times over by the Occupation Forces

The reality is that many homes have been demolished for these or apparently no reasons by the Israeli military and dozens others have been destroyed by settlers in an effort to terrorize Palestinians into leaving their homes, community, and land.

In order to struggle against this injustice ICAHD organizes direct action to block the demolition of homes and it also take on the task of rebuilding, not just homes but also relationships between Palestinians, Israelis, and internationals through shared work. This is a form of active non-violent direct action against the occupation; the very act of building homes for Palestinians is illegal in this racist power structure.

In the Anata community, entire sections have been demolished as part of the ethnic cleansing of “Greater Jerusalem”. The ICAHD project currently underway is a challenge to this institutional violence. In just a few days a Palestinian family will receive keys to their newly rebuilt home. The community council has selected this family among dozens to receive this gift of solidarity and as the work camps continue, more families will be able to reclaim their homes.


Israeli volunteers work on the house

Salim is a member of ICAHD and an example of Palestinian summoud, steadfastness; his family’s home has been demolished four times by the Israeli military and each time ICAHD has rebuilt. Now, in its fifth reconstruction, Salim has named the home Beit Arabeia and dedicated it as a center in memoriam to Rachel Corrie and Noha Sweeden. This is the base camp for internationals who work arduous hours building. This is also where folks convene to sharpen their analysis of the occupation and meet other activists involved in local struggles such as Ta’ayush, Anarchists Against the Wall, Bustan, Active Stills, and the Bio-Falha Budrus Project.