The Right to Property in relation to Peace between Jews and Arabs

There is a fundamental flaw in the approach of the diplomatic world in inundating a peaceful settlement in the Middle East – at least between Israel and the Palestinians. Rather than looking at property as the unalienable human right to obtain and hold that other Western governments and the main religions of the world have long respected, international mediators have encouraged an agreement that rests on uprooting thousands of Israeli Jews and Palestinian Muslims from their homes in the name of an ethnic realignment along the lines of the partition of India and Pakistan in the late 1940s.

Arguing the West Bank is open to settlement under international law, Israel openly pursued a settlement policy that expanded the breadth of the besieged Jewish state once the West Bank, Gaza Strip and East Jerusalem had been secured from Jordan and Egypt – themselves considered occupying powers by nearly every government in the world.

Excluding the now defunt settlement blocs of the Gaza Strip, 500,000 Israelis have taken up residence in private apartment and housing units throughout the conquered territories. At the same time, Palestinians have affirmed their ownership over their own share of land in East Jerusalem and the West Bank. But because of the competing political interests of the State of Israel and the Palestinian Authority, both population groups have seen their properties usurped or restricted.

Several cases have seen Jewish settlers evicted from, and recently purchased properties destroyed, often on the orders of the Supreme court in an effort to appease tension with the Palestinians in the facinity of the properties – be they in Jerusalem or Hebron. Settlers have made purchases in excess of hundreds of thousands of dollars through a series of intermediaries – a system used by Palestinians interested in selling who fear reprecussions by lynchers or the Palestinian Authority.


Jewish women being forcibly evicted by Israeli police from the “House of Peace” in 2008 on the outskirts of Hebron

East Jerusalem Palestinians themselves face a different challenge. Municipal authorities have long prioritized building new neighborhoods that would consolidate the city of Jerusalem, at the expense of permit requests by residents of Muslim neighborhoods. Lengthy waits have encouraged illegal building in these neighborhoods that should have been authorized from the outset. recently, the Mayor Nir Birkat has used the possible demolition of up to 200 illegally built houses for political leverage against American pressure on Jewish housing projects and against Prime Minister Benyamin Netanyahu.


Police arrest protestors in Sheikh Jarrah, Arab neighborhood in Jerusalem

These political considerations have done more to increase tension in the region than pacify it, with two rival population groups venting their legitimate gripes at each other. This is the fundamental flaw in the idea of splitting Israel from the West Bank along ethnic lines, and points even more directly at the risks of the Obama Administration’s stress on Jewish settlements themselves.

Competing NGOs that represent Jewish settlers and East Jerusalem-West Bank Palestinians have found themselves in conflict. The two groups’ advocates have sought to undermine the rival’s access and rights to properties while strengthening their own.


2007 Hebron Eviction

The most competent way forward is to alleviate the anxiety of these rival groups and declare a moratorium on evictions and demolitions in Jewish and Arab areas that are contentious. Each group’s mirroring concerns fuel much of the tension that has come to a boiling point in the last year. The legalization and restoration of illegal or siezed properties would help restore public confidence in the Israeli government and the right to due process at a time where social confidence is low. To be sure, preserving property rights is a fundamental to any economic aspect of peace, between two states or not.

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