Law creates a political and legal discourse which sometimes contradicts reality. The discourse of the new governmental decision to strip Hamas activists from East Jerusalem of their residency rights provides an example. From the decision, it appears that Israeli law granted residents of East Jerusalem the right to residency and that these rights are now being taken from certain people who violated the law’s conditions. However, under international law, East Jerusalem is occupied territory. The applicable law is the Fourth Geneva Convention, which prohibits the deportation of residents from occupied territory: the removal of residency clearly means deportation in this case. While it is true that reliance on international law will not guarantee a positive legal result before an Israeli court, reliance on Israeli law will not end the policy of removing Palestinians’ residency rights. Thus, there is no need to accept the official Israeli legal discourse regarding East Jerusalem. There is, however, a duty to strengthen, publicly and legally, the discourse which holds that East Jerusalem is occupied territory to which international law applies. |