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Land and Space
Building with the Israeli flag on it, which Jewish settlers acquired in the Silwan neighborhood, Jerusalem, April 2016

Credit:

 Eddie Gerald, Getty Images

Feature Story

Jerusalem Court Sides with Settlers, Ruling to Displace 66 Palestinians from Batn al-Hawa, Silwan

Snapshot

Another chapter unfolds in the sordid story of Ateret Cohanim’s relentless efforts to forcibly expel Palestinians from their homes in the Batn al-Hawa area of Silwan in East Jerusalem.

On July 16, 2024, Israeli settlers broke into the Palestinian Abu Nab family’s home in Batn al-Hawa, one of the 12 areas that make up East Jerusalem’s Silwan neighborhood, and began renovation work, taking advantage of the fact that it was temporarily empty. Simultaneously, the Shehadeh family in Batn al-Hawa received an expulsion order, giving their 35-member family 20 days to leave their home or face forcible expulsion1 (see Israeli Courts Order More than 50 Palestinians Expelled from Homes in Silwan and Sheikh Jarrah).

This came just a week after the Jerusalem District Court rejected appeals filed by 11 Palestinian families from Batn al-Hawa—greenlighting the expulsions of 66 Palestinians2 from their longtime homes so settlers could seize them and move in.

The court ordered the Abu Nab family as well as a second family, the Ghaiths, to immediately vacate their homes and pay NIS 10,000 (roughly $2,740) to the Jewish settler organization Ateret Cohanim for legal fees. Additionally, other Silwan residents including the Nasser and Kaid Rajabi families were given until January 12, 2025, to leave their homes and pay NIS 10,000 to Ateret Cohanim.3

A view of the Old City of Jerusalem, including the Haram al-Sharif compound and Silwan, from Jabal Mukabbir, January 28, 2020
Journal Article Silwan, the Bleeding Wound

A survey of the myriad array of mechanisms of displacement aimed at Silwan and its residents

A corner in Batn al-Hawa, Silwan, East Jerusalem, September 2021

A corner in Batn al-Hawa, Silwan, East Jerusalem, September 2021

Credit: 

Mays Shkerat for Jerusalem Story

Using Israel’s 1970 Legal and Administrative Matters Law, Ateret Cohanim sued the families, claiming that the property belongs to the Benvenisti Trust, which Ateret Cohanim gained control of in 2001. The 1970 law allows Jews—but not Palestinians—to claim ownership of land and property lost after the 1948 partition of Palestine and is regularly exploited by settler groups to displace Palestinians.“It’s settlers against Palestinians,” Yazeed Kawar, the attorney representing the Palestinian families, told Jerusalem Story.4 “The settlers are getting the state support. Palestinians are getting a fight from the state.”

Residents of Batn al-Hawa are preparing to go to the Israeli Supreme Court to seek justice and redress. All previous court decisions simply confirmed and upheld the decision to expel families from this neighborhood in favor of Ateret Cohanim, which was established specifically to Judaize various areas of Jerusalem, particularly “in and around the walled Old City.”5 Ateret Cohanim considers Silwan as the City of David as part of its Judaization effort.

Silwan is one of the Palestinian neighborhoods that lies closest to al-Aqsa Mosque and the Jewish holy site of the Western Wall. In fact, among Palestinians, Silwan is known as “the southern protector of al-Aqs Mosque.”6

Blog Post In Batn al-Hawa, a Neighborhood Targeted for Forcible Expulsions, the Eyes Bear Witness

An art installation project in the Batn al-Hawa neighborhood of Silwan sends a message to the world.

Western Wall, Jerusalem, February 24, 2015

The Western Wall, Jerusalem’s most important Jewish site, known in Arabic as the Buraq Wall, February 24, 2015

Credit: 

Godong, Getty Images

After occupying the village of Silwan in 1967, Israel confiscated more than 73,000 acres of land to establish settlements and bypass roads. Ateret Cohanim claims that the houses in the neighborhood were owned by Yemeni Jews before 1948. In 2018, it opened the Yemeni Jewish Heritage Center in the neighborhood, claiming that a synagogue for Yemeni Jews had stood in the same place and bore the name “Honey House” in the past.

Since Ateret Cohanim’s takeover of the Benvenisti Trust, 14 Palestinian families have been expelled from Batn al-Hawa, and more than 700 Palestinians are at risk of losing their homes.

In addition to the above cases, 10 expulsion lawsuits against at least 12 homes are currently being deliberated in the Jerusalem Magistrate’s Court. Three families have already appealed to the Supreme Court after losing in the Jerusalem District Court. However, these cases have lagged for years after the Supreme Court requested in December 2022 that Israel’s attorney general provide its opinion on these cases, which has yet to happen.7

Moreover, Zuhair al-Rajabi, head of the Batn al-Hawa neighborhood committee, told Jerusalem Story that 87 orders to evacuate homes in Batn al-Hawa have also been issued to various Palestinian families. To add to the injustice, Israeli courts imposed a fine of up to NIS 5,000 (roughly $1,377) on each family due to their failure to attend court hearings that they didn’t know about while their cases were deliberated in 2016, which is a common occurrence. Israeli court notices and official letters addressed to Palestinians in the city have been known to disappear when they arrive at the East Jerusalem post office, as some employees tend to hide such mail.

More than 700 Palestinians are at risk of losing their homes.

Zuhair al-Rajabi of Silwan, whose family is at risk of expulsion by Israel, September 2021

Zuhair al-Rajabi of Silwan, whose family is at risk of expulsion by Israel, at home with family members, September 2021

Credit: 

Mays Shkerat for Jerusalem Story

Batn al-Hawa resident Nizam Abu Romuz, 45, shared with Jerusalem Story that, in his case, he never received a court notification and fears that expulsion orders will be implemented at any moment.8

“If the Supreme Court, God forbid, decides to expel us, we will certainly not leave this house in which we were born, raised in, raised our families in, and now our grandchildren live in it,” Zuhair said.9

He added that any strange movement in the street makes his family members anxious and fearful that the police might show up to arrest them.

Many of Zuhair’s family members suffer from chronic diseases and some are bedridden, live on oxygen support, and need daily care. Not only will a court order make them homeless, but it will also greatly impact their health conditions and potentially lead to fatal outcomes.

Hagit Ofran, codirector of Peace Now—Settlement Watch, estimates that around 100 Ateret Cohanim settlers currently reside in four to six houses in Batn al-Hawa.

“If the number of settlers rises to 200 or even more, then the whole character of the neighborhood is going to change,” Hagit told Jerusalem Story.10

Hagit explained that the Ateret Cohanim settlement in Batn al-Hawa is meant to connect to Israeli settlements in the East Jerusalem neighborhood of Ras al-Amud, thereby forming a settlement ring around Jerusalem’s Old City.

“What Israel is doing is trying to disconnect Muslim and Christian holy sites from their surroundings,” Hagit said. “They want to disconnect them from the Palestinian domain and make them enclaves in Jewish domain.”

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A view of the Palestinian neighborhood of Silwan, East Jerusalem, April 19, 2016

Credit: 

Eddie Gerald, Getty Images

In summary, the Israeli state—in collaboration with settlers—is trying to turn the Old City, renowned for its cosmopolitan and diverse nature, into a strictly Judeo-centric space. And with legal backing from the state, Jerusalem’s demography is rapidly changing.

“The fact that the settlers moved into the house of the Abu Nab family a few days ago is also part of their feeling that they can get away with it. They’re winning,” Hagit said.

Ultimately, the ongoing expulsion of Batn al-Hawa residents is part of Israel’s larger campaign to Judaize Jerusalem and prevent any possibility of Palestinian statehood—an objective Israeli settlement experts have warned about for many years.

“What’s happening within Batn al-Hawa . . . completes this picture,” Amy Cohen, international relations director of Israeli nonprofit Ir Amim, told Jerusalem Story.11

“You seal off all of these areas, you evict Palestinians, you accelerate processes of displacement, you replace them with Jews, and then essentially you’re kind of predetermining the end game of the conflict,” Amy added.

“What Israel is doing is trying to disconnect Muslim and Christian holy sites from their surroundings.”

Hagit Ofran, Peace Now

Notes

1

Settlers Enter Abu Nab Family Home in Batan al-Hawa,” Peace Now, July 18, 2024.

3

“District Court Rules.”

4

Yazeed Kawar, interview by Jessica Buxbaum, July 17, 2024. All subsequent quotes from Kawar are from this interview.

5

About Us,” Ateret Cohanim.

6
8

Nizam Abu Romuz, interview by Khalil Assali, July 14, 2024. All subsequent quotes from Abu Rumuz are from this interview.

9

Zuhair al-Rajabi, interview by Khalil Assali, July 14, 2024. All subsequent quotes from al-Rajabi are from this interview.

10

Hagit Ofran, interview by Jessica Buxbaum, July 19, 2024. All subsequent quotes from Ofran are from this interview.

11

Amy Cohen, interview by Jessica Buxbaum, July 18, 2024. All subsequent quotes from Cohen are from this interview.

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