Registration of Jerusalem Lands in the Israeli "Tabu": Existential Dangers Threatening Jerusalemite Families

Dr. Mahmoud Abu Swei: The occupation's decision to begin registering occupied Jerusalem lands in the "Tabu" is an extremely dangerous step to re-engineer ownership and sovereignty in the city. Khalil Tafakji: Registering Jerusalem lands in the land registry is the final episode in turning the city into a Jewish one, thus transforming citizens into something akin to tenants. Mazen Al-Ja'bari: The danger of the decision is compounded because the main challenge facing many Jerusalemites is the difficulty of providing complete and acceptable documentary evidence to Israeli authorities. Dr. Ismail Muslemani: The occupation uses registration as a means to consolidate legal and political control over the land within broader policies related to ownership and presence in Jerusalem. Nasser Al-Hidmi: The decision allows the Israeli Land Authority to seize the share of any owner or heir if they are not in the country, paving the way for the seizure of the entire property. Exclusive to "Al-Quds" dot com - The recent decision by the Israeli occupation authorities to begin registering occupied Jerusalem lands in the Israeli land registry (Tabu) raises fears among many observers, politicians, and legal experts, who warned in interviews with "Al-Quds" that the decision goes beyond its declared administrative nature, constituting an extremely dangerous step aimed at the Palestinian presence in the holy city, consolidating Israeli sovereignty over it, and annexing it. This decision constitutes a clear violation of the rules of international humanitarian law, which prohibits the occupying power from making permanent changes to the legal and administrative status of occupied territories. They also warned that there are fears that the registration will work in conjunction with laws such as the Absentee Property Law, and other legislation already used to obscure the rights of Palestinians who were unable to provide modern proof of ownership. They pointed out that linking registration procedures to Israeli laws such as the Absentee Property Law and "State Lands" laws transforms non-registration or failure to complete proof requirements into a legal entry point for confiscating land and transferring it to the ownership of the occupation authorities or settlement associations. A step that goes beyond its declared administrative nature. Academic and lawyer Dr. Mahmoud Abu Swei says: The decision by the Israeli occupation authorities to begin registering occupied Jerusalem lands in the Israeli land registry (Tabu) is an extremely dangerous legal-political step that goes beyond its declared administrative nature to constitute a systematic tool for imposing Israeli sovereignty over the city of Jerusalem, and consolidating its annexation using legal tools. Abu Swei points out that the step is being applied to occupied land, which constitutes a clear violation of the rules of international humanitarian law, which prohibits the occupying power from making permanent changes to the legal and administrative status of occupied territories. He adds: It redefines real estate ownership in Jerusalem according to an "exclusionary" Israeli legal system that does not take into account the historical specificity of the prevailing ownership system. The danger of the decision lies in its direct legal repercussions. Abu Swei notes that the danger of the decision lies in its direct legal repercussions on the ownership of Palestinian properties, pointing out that thousands of Palestinian properties are based on Ottoman or Mandate records, or on the system of undivided common ownership and inheritance, or on long-term possession, which are types of ownership that do not enjoy effective protection within Israeli registration mechanisms, making the owner's inability to provide "acceptable" Israeli documents a legal risk in itself. He explains that there are fears that the registration will work in conjunction with laws such as the Absentee Property Law and other legislation already used to obscure the rights of Palestinians who were unable to provide modern proof of ownership. He points out that linking registration procedures to Israeli laws such as the Absentee Property Law and "State Lands" laws transforms non-registration or failure to complete proof requirements into a legal entry point for confiscating land and transferring it to the ownership of the state or settlement associations, instead of assuming that the right remains with its owner. He adds: This path produces a new legal reality in which the burden of protecting the right to property is transferred from the state, as an inherent and protected right, to the Jerusalemite individual who is required to prove ownership through complex, costly, and lengthy procedures, and in a "non-neutral" legal environment, which puts a wide segment of the population at risk of losing their lands de facto. Opening the door to the loss of vast areas of land. Regarding the implications of this decision, Abu Swei confirms that they include opening the door to a gradual and "legally formal" loss of vast areas of Palestinian land in Jerusalem, deepening the fragility of the legal status of residents, and expanding the basis of settlement under the guise of registration and organization, which directly affects the right to housing, stability, and a dignified life, and contributes to changing the demographic character of the city. Abu Swei says: "Registering Jerusalem lands in the Israeli land registry is not a technical or organizational procedure, but a dangerous tool to re-engineer ownership and sovereignty in an occupied city, and a grave violation of the right to property and the principle of the inadmissibility of acquiring land by force, which calls for urgent legal and human rights action at local and international levels, to expose this path, address its repercussions, and protect the Palestinian presence in Jerusalem." The occupation seeks to Judaize the city. Settlement affairs expert Khalil Tafakji confirms that registering Jerusalem lands in the Israeli land registry is the final episode in the process of transforming the city of Jerusalem into a distinctly Jewish city. He points out that Palestinian residents, under this path, become something akin to tenants of the Israeli government. He cites as evidence that the Israeli side treats this project as a legal reality, despite the existence of entire Palestinian villages that have not been registered and possess old documents dating back to ancestors, such as tax payment receipts and historical documents. However, Palestinian citizens are required to prove their ownership of the land by providing complex documents, including birth certificates of ancestors. Tafakji explains that many landowners have been residing outside Jerusalem for decades, either in the West Bank or abroad, which opens the door for the application of the so-called "Custodian of Absentee Property" law, where this custodian becomes the controller of the property, either by leasing it to residents, or by transferring full ownership to the Israeli government, under the pretext of not proving ownership or refusing to register the property due to the absence of required documents. Tafakji describes this step as the "final shot" in targeting Jerusalem, noting that about 87% of Jerusalem's area, within its municipal boundaries, is now under full Israeli control, direct and indirect, and only about 13% remains, which is the area currently at the center of the conflict. The danger escalates within the Old City. Tafakji adds that the danger escalates within the Old City, where estimates indicate that about 40% of its properties are threatened as absentee properties. Regarding the fate of Jerusalemites residing in areas such as Kafr Aqab, Tafakji says that Kafr Aqab residents are divided between those holding Jerusalem IDs and those holding West Bank IDs. Properties belonging to West Bank ID holders or Palestinian passport holders are classified as absentee properties, while they are not classified as such if the owner holds a Jerusalem ID. Tafakji confirms that the greatest danger in Kafr Aqab lies in the fact that a large percentage of landowners reside outside the country, either in the United States or in Arab countries, which gives the Israeli side an additional pretext to control these properties. Tafakji points out that if a citizen wishes to build a house in Jerusalem, they are required to prove full ownership, in addition to a comprehensive inheritance inventory. If it turns out that one or two shares of the property belong to a person residing outside Jerusalem or holding a non-Jerusalem ID, the property is included in absentee properties, which prevents its sale or purchase, and its management is transferred to the Israeli government, which begins to lease it to residents, becoming an actual partner in the house, with the possibility of expelling residents or transferring full ownership of the land or property to the Israeli government. The decision carries broader colonial implications. Writer specializing in Israeli affairs Mazen Al-Ja'bari believes: Israeli government decision No. (3792) regarding the completion of the settlement and registration of occupied Jerusalem lands in the Israeli land registry by the end of 2029, is officially presented as an organizational and administrative measure, pointing out that it carries broader colonial political and legal meanings; as it aims to register 100% of the city's lands within four years, with increased budgets (about 10 million dollars) and human resources and powers granted to the settlement committees. Al-Ja'bari emphasizes that to understand the current decision, it must be linked to the first phase that began in mid-2018 within a previous path included in a five-year plan that ended in 2023, and set interim goals of registering 50% of the city's lands by the end of 2021, then completing the remainder by the end of 2025, explaining that decision (3792) does not initiate a new project, but deepens and accelerates what began in 2018, meaning the expansion of the first phase and its transformation into a more comprehensive path to consolidate facts and impose Israeli sovereignty rules over East Jerusalem. Al-Ja'bari explains that the fundamental shift here is the transition from limited-scope settlements to a declaration of intent to finalize the ownership file at the city level, and this makes final registration a crucial moment, because it is not limited to documenting the existing reality, but may redefine who is the legal owner, the boundaries of the land, and the rights of heirs according to Israeli procedures and standards. He points out that the danger of the decision is compounded in the city of Jerusalem because the main challenge facing many Jerusalemites is not the absence of the right to property, but the difficulty of providing complete and acceptable documentary evidence to Israeli authorities, in light of the cessation of registration operations that began during the Jordanian era after 1967, and the remaining percentage of settled and registered lands being less than 10%. Regarding the practical risks for Jerusalemites, Al-Ja'bari says: They appear in two interrelated points: The first is that the settlement may include inhabited Palestinian neighborhoods that were not aware of the procedures in the first place. Examples from the first phase include the registration of lands on the western side of Sheikh Jarrah, known as Kubaniyat Umm Haroun, in the name of settlement associations. The second is that the new decision strengthens the partnership with the Custodian of Absentee Property and transforms him into an official partner in implementation, which opens the door for broader application of the Absentee Property Law to several properties, especially when there are heirs outside the city or outside Palestine, or when it is difficult to complete inheritance property files. Al-Ja'bari clarifies that the picture becomes clearer when looking at the results of the settlement process since 2018: about 50 basins covering an area of nearly two thousand dunams have been completed, with about 85% of the lands registered in favor of settlement neighborhoods or transferred to state ownership and its bodies, compared to only about 1% registered in the name of Jerusalemite owners, adding: This outcome indicates that the settlement as applied did not function as a mechanism to protect Palestinian properties or facilitate construction, but as a tool to redistribute land in favor of the state and settlement associations, by exploiting proof loopholes and the complexities of inheritance and historical ownership. Al-Ja'bari concludes that decision (3792) is a continuation and acceleration of what began in 2018, and transforms the land file into a documented decisive arena whose political and existential cost may be significant for Jerusalemites, stressing that in light of the difficulties of legal proof, the weakness of effective protection tools, and the declining effectiveness of relying on international channels in a turbulent international context, it is feared that the settlement project, along with collection and tax policies and linking licensing to ownership, will turn into a complex pressure tool: consolidating control over the remaining Palestinian land, raising the cost of staying, and pushing more residents into soft forced displacement, thus serving the goal of resolving the city's identity and imposing Israeli sovereignty over it. Deep political and legal implications. Writer specializing in Israeli affairs Dr. Ismail Muslemani confirms that the Israeli government has decided to complete the project of "settlement and registration of occupied Jerusalem lands" in the Israeli land registry (Tabu), a project that has actually been underway since 2018, and aims to document land ownership according to Israeli law, with a budget estimated at about 30 million shekels allocated for its implementation. Muslemani explains that this decision is not a purely technical or administrative measure, but carries deep political and legal implications, most notably the transformation of lands from an unregulated status to a registered status according to Israeli rules, in light of the fact that land registration operations in East Jerusalem stopped before 1967, which led to a very small percentage of lands remaining officially registered. He points out that Israel views this registration as a tool to strengthen its full legal sovereignty over Jerusalem, and to link it to a comprehensive Israeli real estate system, considering that the process is used as a means to consolidate legal and political control over the land, within broader policies related to ownership and presence in the city. Muslemani warns of real dangers threatening Palestinian residents, foremost among them the difficulty of proving ownership due to the absence of Israeli-recognized documents, and the reliance of the majority on old or unregistered documents, which may lead to the rejection of registration applications. In addition, registration procedures require complex legal files, approved maps, and costly legal support, which exceeds the capacity of a wide segment of the population. He adds: The Israeli legal system does not recognize full ownership rights until they are registered in the Tabu, which means that those who are unable to register their rights remain vulnerable to challenge and legal disputes, and may face the risk of the land being registered in the name of other parties, or being converted into so-called state lands, or transferred to Israeli or settlement entities. Serious economic and social consequences. Muslemani explains that this step may have serious economic and social consequences, including difficulty in obtaining building permits, a decline in the value of unregistered properties, and the possibilities of displacement or transfer of residents as a result of ownership disputes or subsequent administrative decisions, stressing that what is happening is similar to previous experiences in the West Bank, where property settlements practically resulted in the transfer of vast areas of land to Israeli control. Muslemani concludes his remarks by emphasizing that the decision goes beyond the issue of real estate registration, to constitute a step with wide political and legal repercussions, exposing thousands of Jerusalemites to the risk of losing their lands and rights under a legal system that does not automatically recognize unregistered ownership. The decision is not new, and what is happening now is a completion of its implementation. Political analyst Nasser Al-Hidmi says: This decision is not new, but what is happening now is a completion of its implementation. A few years ago, the occupation authorities took a decision obliging Jerusalemites, especially in East Jerusalem, to prove their ownership of the properties they occupy, and a new condition was added for obtaining building permits, which is that the plot of land to be built on must be registered in the Israeli land registry, with full ownership confirmed for the landowner. Al-Hidmi points out that the occupation authorities justified this decision at the time by the existence of encroachments and construction on lands belonging to other people, under the pretext of applying the law and protecting the rights of citizens, especially since there are major problems in registering many properties in the Israeli registry. Al-Hidmi explains that this law allows the Land Authority to seize the share of any owner or heir if they are not present within occupied Palestine, which practically paves the way for the seizure of the entire property. He confirms that this reality is the result of the occupation's policy since 1967, where the occupation authorities stopped registering properties in East Jerusalem, and also disrupted building and planning regulations in areas where registration was stopped, which deprived Jerusalemites of obtaining building permits, or made them extremely rare. He adds: This policy, spanning about 55 years, has led to the loss of many documents due to the passage of time, the death of a large number of landowners, and the transfer of ownership to heirs, some of whom reside outside occupied Palestine, which opened the door wide for the occupation authorities and the Custodian of Absentee Property to seize properties. Al-Hidmi confirms that the occupation authorities are now seeking to activate and fully implement this law, as obtaining building permits has become impossible without registering the property in the Israeli Tabu, which constitutes the core of the crisis currently facing Jerusalemites, especially in light of a decision that has a time limit ending at the end of 2029. He explains that a large number of Jerusalemites may lose the ability to prove their ownership, as a result of the death of the original owners, and the transfer of ownership by inheritance to people some of whom are outside occupied Palestine, or due to the loss of documents proving ownership, such as notary public powers of attorney, which are not recognized by the occupation authorities, and require official registration in the Tabu, which is a financially costly and time-consuming process, and may open additional loopholes for the Custodian of Absentee Property. Regarding human rights warnings, including those in reports by the left-wing "Ir Amim" organization, about the possibility of entire Palestinian areas falling under occupation control, analyst Al-Hidmi confirms that this path may actually lead to many Jerusalemites losing ownership of their properties, whether inherited or purchased with notary public documents, which enables settlement associations to control them.