Thorny Legal Questions At Play In E. Jerusalem

[King_David]

Beyond latest rift between Israel and U.S. over housing, differing interpretations of local, international laws.

Jerusalem — The latest tiff between the U.S. and Israel over the purchase by Jews of homes in the overwhelmingly Arab neighborhood of Silwan in east Jerusalem, and the final approval of a new Jewish neighborhood in Givat Hamatos in southern Jerusalem, near Bethlehem, begs a fundamental question: Can Jews be legally prohibited from living anywhere in Jerusalem?

According to Israeli law, east Jerusalem is part of the State of Israel, and anyone can purchase a property anywhere in the city. International law holds that Israel is an occupying power here, but does not explicitly say Jews cannot live in east Jerusalem.

Prime Minister Benjamin Netanyahu brought up this most sensitive of subjects during his visit to New York last week, after the State Department sharply criticized Israel for “poison[ing] the atmosphere not only with the Palestinians but also with the very Arab governments with which Prime Minister [Binyamin] Netanyahu said he wanted to build relations.”

In an interview with CBS’ “Face the Nation,” Netanyahu said he was “baffled” by the criticism, which he said amounted to “ethnic purification as a condition for peace,” a concept that goes “against American values.”

“Arabs in Jerusalem are free to purchase apartments in the western [part of the] city and no one is arguing against it,” Netanyahu noted. “I have no intention of telling Jews they can’t buy apartments in east Jerusalem. This is private property and an individual right. There cannot be discrimination — not against Jews and not against Arabs. This goes against values that the United States also believes in.”

http://www.thejewishweek.com/news/international/thorny-legal-questions-play-e-jerusalem

[King_David]

1. David Kretzmer, professor emeritus of international law

David Kretzmer, professor emeritus of international law at Hebrew University and law professor at Sapir Academic College, said there “is absolutely no law” to prevent an individual Jew from purchasing property anywhere in Jerusalem.

“If an individual went out on the free market and bought land in occupied territory, there is nothing against it in international law, provided the transaction was conducted aboveboard,” he said. “But as soon as there is government support and encouragement on all kinds of levels, it becomes problematic.”

That’s because international law “forbids an occupying power from settling its own civilian population in occupied territories.”



http://www.thejewishweek.com/news/international/thorny-legal-questions-play-e-jerusalem

[aranthus]

2. Any differential government support would not be kosher.

Let's assume that the world accepts that East Jerusalem is part of Israel. Any Israeli government support for Jews to buy in East Jerusalem that was not made available to non-Jews would be a denial of equal protection of the laws. The issue is different treatment of Jews and non-Jews, not just settling a population in supposedly occupied territory.

[King_David]

3. also from the OP :

'Bell said that if the Israeli government decides to heed international pressure and bans Israeli Jews from living in parts of Jerusalem, it could be accused of violating the International Convention for Civil and Political Rights, a treaty that protects the rights to property and equality.'