- Itemالقدس والجنائية الدولية (دراسة حالة الاستيطان في القدس الشرقية)(Al-Quds University, 2020-02-05) رانية احمد عثمان رزق; Rania Ahmad Othman RizeqThe International Criminal Court and the Settlements in East Jerusalem. The purpose of this study is to analyze and convey the possibility of going to the International Criminal Court regarding the status quo of settlements in East Jerusalem, the International Criminal Court serves as an international institution to deter and incriminate those who commit crimes against humanity. This study aims to clarify the status of the city of Jerusalem in the International Criminal Court, through studying the possibility of trialing individuals in the State of Israel (the occupying power) for their violations of the rights of the Palestinians, before the International Criminal Court. In addition, to establish the legal status of the city of Jerusalem as a city under occupation, and the applicability of international law to these lands. The definition, mechanisms, temporal and spatial scope of the International Criminal Court were detailed in this study. The International Criminal Court (ICC), permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to prosecute and adjudicate individuals accused of genocide, war crimes, and crimes against humanity, in 2002, there are 123 member states, including the State of Palestine. The Palestinians went to the International Criminal Court for years, to investigate the war crimes committed by Israeli occupation in the occupied territories. There are several ways to refer the case to the International Criminal Court, as Palestine lodged a declaration under article 12 (3) of the Rome Statue accepting the jurisdiction of the of the International Criminal Court over crimes committed by Israel in the occupied territories. On May 22 2018, the State of Palestine referred the situation in Palestine for investigation. Therefore, the Security Council can request the court to conduct an investigation into a specific case based on Chapter VII of the Charter of the United Nations, which enables the Prosecutor, on his own initiative, to initiate an investigation, in which case the jurisdiction of the court is limited to crimes committed by a state. Party or on the territory of a state party. On January 2015, the prosecutor of the ICC opened the ongoing examination on its own initiative a preliminary examination on the Palestinian situation. Why the settlements in East Jerusalem was chosen as a case study: Considering that the case of Israeli settlements in the safest strategic context in the Palestinian-Israeli situation. The occupying forces cannot evade the responsibility of the jurisdiction of the International Criminal Court, under the justification that it didn’t ratify the Rome Statue accepting the jurisdiction of the of the International Criminal Court. Whether or not Israel accepts the jurisdiction of the court it is sufficient that the state on whose territory the crimes are recognized ratified the jurisdiction of the court; in order for the court to start examining the crimes under attack.
- Itemإلغاء إقامات المقدسيّين: الأساليب والمبرّرات سياسة إسرائيليّة للتّهجير القسريّ للفلسطينيّين(Al-Quds University, 2020-06-07) حسام"محمد سعيد" أحمد كالوتي; Husam” Mohammad Saeed” Ahmad KalotiIn this study, the researcher addressed the subject of the Revocation of Jerusalemites residency: methods and justifications An Israeli policy of forced displacement of Palestinians since the occupation and annexation of East Jerusalem in 1967, until 2019. This study aims to research, knowledge, analyze of the legal status of the city of Jerusalem under the Israeli war occupation according to rules of the international law, with obligations at Palestinian territories and its residents as the occupying power. The study aims to identify the most important international legal mechanisms in international law that would provide adequate protection for the population under occupation. In this study, the question arise around the legality of revocation of Jerusalemites residency and the extent to which the Israeli occupation is responsible over the policy of forced displacement resulting from revocation of these residencies, according to the international law. What prompted the researcher to choose the subject of this study is the development of the methods of forced Palestinian displacement and the justifications that Israel uses to justify these actions, which would create facts on the ground represented by the demographic reality of the population, in addition to enrichment of the Palestinian and Arab libraries with such legal studies. The beginning of the research was based on a review and analysis of the most important historical events and the legal status of the city of Jerusalem after its occupation and annexation since 1967 and to measures to impose Israeli sovereignty over it through the application of Israeli laws regarding the residence of the Jerusalemites in the city, It will also rely on primary sources and secondary sources to collect information, which relies on the literature, articles, legal documented books to examine the nature of Israeli procedures related to revocation of Jerusalemites residency and the extent of their legality according to international law and its texts and international conventions. Then the researcher concluded his study and concluded a set of conclusions and, the most important of which: 2 1. The Israeli policy of revoking Jerusalemites residency is a policy aimed at the forced displacement for population which violation of the provisions of international law, and that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949 is applicable to all occupied territory, including East Jerusalem. 2. The violation by Israel as the occupying Power of these international conventions and norms and its continued forced displacement of the population under several justifications fall under the definition of forced displacement, that its commission is a war crime that entails international responsibility.
- Itemأثر التخطيط الحضري على الديمغرافيا في القدس(جامعة القدس, 2018-06-03) ناصر عيسى جلال هدمي; Naser Isa Jalal HidmiThis study aimed to show the relationship between urban planning and demographic reality in Jerusalem, and how the urban planning was used by the ruling authorities since the British occupation through the Jordanian rule of the eastern section of the city toward the Israeli occupation of the city and its unification under expansion of its borders to this day. The researcher referred to the structural maps and documents available on the planning of the city and the classification of the lands and statements of politicians and planners on the planning objectives and their visions of the future of the city and the desired demographic balance of this city through these visions. The researcher found by reference to the British documents and plans that urban planning to control the population preceded the construction of the Israeli occupation state since the British occupation, which sought to create conditions for the benefit of Jewish immigrants to the city. This has facilitated the implementation of the plans of the Israeli occupation and prepared the infrastructure of this occupation, nothing less than facilitate the immigration of Jews to the land of Palestine through the foreign consulates help that were in Palestine. The first map of the city of Jerusalem was established by the British occupation in 1921 by the British engineer William McLean which divided the city into four sections. The map gave priority to planning and development of the western and northwestern part of the city, which was predominantly Jewish, while the eastern and south-eastern part of the city, which was predominantly Arab, was neglected and constrained by the conditions of construction and restriction. This map and its subsequent planning work during the British occupation of the city constituted the cornerstone and guide for all subsequent planning of the Israeli occupation in the city. The most famous planners of the city of Jerusalem during the British occupation after McLean were Patrick Geddes, Charles Ashby, and Henry Kendall. After the establishment of the Israeli occupation state in 1948 and the division of the city of Jerusalem into two parts, east under the administration of Jordan, in which almost the majority of construction and development plans has been frozen, and Western was subject to the Israeli occupation, which prepared several plans and drawings, some of which even included the eastern part of the city on the grounds that its subject to the Israeli occupation is a matter of time. The most important plans prepared by the Israeli occupation of the city were the plan of Heinz Rau and the plan of Shaveev in 1959, which, despite the problems of implementation, several parts of them remained effective to this day. Last but not least, in 2004, a structural map was prepared, Jerusalem 2000, which outlines a future vision of the city and its urban and demographic image until 2020. The most important characteristic of this map is the classification of many of the land of Jerusalemites in a way that prevents them from expansion and construction, as it identified ideas about the demographic balance in the city and the reality of Jerusalemites in it. All these schemes and classifications was faced by Jerusalemites, forced to build unauthorized and live in unorganized and unhealthy houses, which posed for them and the occupation state security, social, health and political problems. The researcher found that the Israeli occupation has used to determine patterns of policy implementation, and to predict patterns of population reactions and behaviors, social theories explained by social scientist like Paulins, Borrell and Morgan as well as Yousef. This approach was a way of understanding the impact of policy implementation and ensuring control by predicting behavior after policy implementation. Therefore, we saw that after a hundred years of starting to prepare the plans and prepare for their implementation there are manifestations of success of these plans and achieve visions.
- Itemمفهوم الهوية لدى الشباب المقدسي(Al-Quds University, 2019-05-21) محمد جمال محمود أبو خضير; Mohammad Jamal Mahmoud Abu-KhdaeirThis study addresses the concept and components of identity by which Jerusalem's youth identify themselves. Identity is a broad concept; an expression of a person's individuality and relationship with his surroundings, starting from the word “he” according to certain characteristics that are different from one identity to another, and distinguish the individual or his affiliated group from others. Elements and components of identity are not static but dynamic and can dominate other components. After explaining the concept of identity and the challenges it faces in terms with the evolving and volatile and changing circumstances, and the developed political, social, economic, and social contexts, the study relies on an opinion poll that included twentyone male and female youth from Jerusalem, via personal (semi-structured) interviews about implications of the political, economic, social, cultural and educational reality on Jerusalem identity. The youth were selected from different areas of Jerusalem and from different walks of life that are governed by the unique status of Jerusalem that differs from the normal conditions in which scientific researches are conducted in other city with special peculiarity as an occupied city living exceptional circumstances. The study is based on a random sample selected from East Jerusalem - from within the wall, northern and southern neighborhoods, the Old City and the refugee camp - and West Jerusalem. The sample is not representative of all the youth of Jerusalem, however, their answers provide indicators to their trends and perspectives towards the concept and components of identity and its origin in light of a geopolitical conflict. Nevertheless, it is clear from the majority of answers that most respondents asserted that they belong to a Palestinian Jerusalemite identity. The study presents the objective reasons and justifications leading to it‟s conduct on the youth category under such circumstances and accelerating changes experienced by the city, since the youth are the pillars of future and the fuel of progress and prosperity. The study reviews a different set of previous various studies on Palestinian identity in general, and Jerusalem identity in particular, since it is a multiple identity and not different in essence, however, the perceptions and the way of Jerusalemite youth reaction varies from one area to another. Jerusalem youth expressed awareness of Zionist schemes and measures against Jerusalem and its population. They were clear that Israelis are working relentlessly to Juadize the city of Jerusalem and clean it of its Palestinian population. It is evident from the research that the respondents are aware of their subjection to severe security, economic, social and taxation pressures to force them to leave the city. They are aware that the Israelis are working on creating an arduous repelling environment for Jerusalemite Arabs so that they will not tolerate living in the city. They also noticed that the Israelis are considering further measures, whether on the municipal or governmental levels in order to deprive the Palestinians from residing in Jerusalem. Whoever doesn‟t leave will face hard economic and social conditions and might risk residency revocation. Also, the study addresses a small segment of Jerusalem‟s youth who have obtained the Israeli citizenship for their own excused purposes, considerations and reasons. It focuses on the meaning of identity among this category, their perspective towards the conflict and the future of the targeted city, and how they react in light of the ongoing discrimination and continuous targeting of Jerusalem, and where their place in regards to the ongoing variables. The study comes at a time when Jerusalem is exposed to a range of difficult circumstances, including the announcement by US President Donald Trump to recognise Jerusalem as the capital of Israel, and the transfer the US embassy to the city, where young Jerusalemites believe that the Palestinian, Arab and Islamic reaction is not proportional to the historical, religious and political status of Jerusalem. According to them, the reaction should be tougher and stronger. The study monitored the aspirations and future orientations of Jerusalemite youth in light of the pressures and conditions imposed on them, such as the apartheid wall that separated Jerusalem and its inhabitants from its depth in the West Bank, and the consequent economic pressures of unemployment and poverty. It shows that the answers and attitudes vary according to several considerations, the most important of which, are: the age, scientific and academic background, gender and place of residence in Jerusalem. The study concludes that Jerusalem's youth feel lonely, orphaned, and suffer from the absence of leadership reference and the elements of steadfastness in the city. Therefore, they live in anxiety and obsession and ready to cope with the changes with dualism. Emotionally they are linked to the Palestinian Authority and practically dissatisfied with its policy and role, especially in Jerusalem. They have a sense of national feeling, resilience capability and a high level of awareness. The fact assures that the occupation policies are stumbling with a solid rock and it is not easy to entice those young people, or break their will and divert them from their national convictions and adherence to their Jerusalem identity and Palestinian affiliation. As thus, the youth observe the education system in the city. They believe that Israel has worked and still works on changing and Juadizing the Jordanian and Palestinian educational curriculum in order to overturn the Arab Palestinian conviction and concepts and forge history. The Zionists want to expose the youth of Jerusalem to Israeli narratives in order to change facts, reality and history. Thus, Zionists played their role in stealing خ the Palestinian land, heritage, food and some customs. They even distorted the names and added to them Israeli and Hebrew names. The unique issue about Jerusalem‟s youth is their insistence on resilience and existence in addition to protection of their Arab identity and identity of their city and holy shrines, regardless of the challenges and harshness of Israeli measures. They adhere to their city and see their steadfastness a defeat for the Jewish schemes. They reassure to the rest of their people that Jerusalem has unrelenting guards. The Israeli measures have influenced the formulation of a special concept of identity for Jerusalem‟s youth that distinguish them from the rest "remains" of Palestinian society in accordance to its location and geopolitical position, as we will explain in our study. This study comes out with an epistemological renewal that illustrates impact of the imposed geopolitical status, the long occupation, and the absence of a future political horizon on the formation of the concept of identity and its definition in the reality of East Jerusalem.
- ItemConflict Amongst Palestinians in East Jerusalem and Conflict Resolution Methods(Al-Quds University, 2020-06-08) Ghada Suleiman Mousa Aruri; غادة سليمان موسى عاروريEast Jerusalem (EJ) fell under Israeli occupation in June 1967, and Israel annexed the city from that date, imposing Israeli law and sovereignty on the overwhelmingly Palestinian city. Israel’s annexation of the city became an officially declared policy in 1980, winning Israel the condemnation of the international community- mainly through refraining from moving their embassies to Jerusalem or opening any embassies in the city. This gesture of moving embassies, small as it is, serves to confirm the international stand that the city is illegally occupied and echoes calls that reject annexation and call for ending the occupation. Until 2019, there is no sign of the Israeli occupation going away or being removed. The occupation continues unabated and forceful, usurping Palestinian land and property every day, and squeezing Palestinians out of the city. Disappointingly to this date Israel pursues policies that disregard Palestinian human rights, national rights and even its (Israel’s) own commitment to international treaties. Against the backdrop of severe human rights violations, over 300,000 Palestinians continue to live in East Jerusalem under Israel’s sovereignty, dealing with occupation policies on the one hand, and, having the peacefulness and tranquility of their own society challenged every day by pressures imposed by this occupation. Even after fifty-two years of occupation, Israel is still seen as the foreign colonial occupier that Palestinians distrust and are reluctant to go to its institutions, particularly the police. Israel bans any activity by the Palestinian Authority, and is unfavourable to civil society, leaving a vacuum that Palestinian East Jerusalemites have not managed to overcome. Given that societal conflicts and disputes are normal and certain levels of them are even beneficial, it is the duration and solvability of these conflicts that can be a distinguishing factor in EJ. Jerusalem is an occupied and annexed city, this is a situation that sets it aside from any other Arab or Middle Eastern city, including other parts of the West Bank. With this in mind, types and forms that disputes and conflicts amongst Palestinians take, the dispute and conflict resolution methods available, and whether these methods are able to offer solutions are examined here. Finally, main conclusion drawn is that effective conflict and dispute prevention and resolution methods for Palestinians in EJ are not only vehicles for development and resilience (important as this is), they go beyond that to being measures of survival that help a society suffering from racism and marginalization, remain on their land.