By Craig Snoyman

So why did Hamas fire over 4000 rockets at Israeli cities? 

At the start of the hostilities, the reason was quite confusing. It was because of the Israeli police attacking the people coming from their Ramadan prayers, it was because the Israeli police violated the sanctity of Al-Aqsa Mosque, it was because of the evictions at Sheikh Jarrah, it was because the right-wing Israelis were clashing with Muslims at the Damascus gate, it was because Smotrich had inflamed the situation by visiting Sheikh Jarrah and/or all of the above. Slowly but surely, now that the hostilities are over the scribes are deciding to assign the reason. Sheikh Jarrah wins.

The allegations that police attack innocent prayer-goers is as common as the allegation that dog bites man.  The allegation that Al-Aqsa is being attacked is old hat as is the allegations of Jews attacking Arabs. These are raised periodically and invariably over Ramadan. Smotrich’s conduct is too similar to the debunked Arik Sharon-violence version.  But Sheikh Jarrah remains a live issue! It seems inevitable that there will be more violence over the issue, and it fits very nicely into the “Israel is ethnic- cleansing the Palestinians” mould.

The Sheikh Jarrah story was not widely known until the start of the hostilities. It revolves around a case that has slowly been wending its way through the Israeli courts for the last forty years and not yet concluded. In 1876, a group of Jews bought the tomb of Simon the Just, the Second Temple High Priest, and the surrounding land. By 1948, there were several hundred Jews living in the area.  This area was captured by the Jordanians in the 1948 War of Independence and taken over by the Jordanian Custodian of Enemy Property.  The Custodian leased the property to various Arab occupiers who paid rent for the property. After the re-unification of Jerusalem in 1967, Sheikh Jarrah came under the control of the Israeli Custodian. The Jewish owners put forward their claim of ownership in court and in 1973 were finally successful.  Further litigation followed in the civil domestic courts. (The government was not involved) In 1982, in the magistrates’ court, both parties agreed the Arab occupiers would pay rent to the Jewish owners.  At that stage it was not disputed that the property was owned by Jews.  The Arab occupiers then reneged and failed to pay rent. In 1992, litigation followed seeking payment of rent and prevention of alteration of structures. In February 2021, the Jerusalem District Court, upholding previous decisions, held that the tenants must pay rent or be evicted.  The decision was appealed and is now in the Supreme Court.

In South Africa, and other Western countries, illegal occupiers of property are evicted. I was counsel in the first land invasion case in South Africa. One of the defences that we raised was that some of the occupiers were protected as they had Security of Tenure. They could remain on the property as they had occupied the property for a long duration of time. This same defence was raised in the Sheikh Jarrah case and the occupants were also granted what the Israeli court termed “Protected Tenant Status”. While we were successful on behalf of some of the occupiers, hundreds of other occupiers were evicted. Eviction is never an easy process. In South African cities, difficult evictions are usually farmed out to eviction specialists, known as the “Red Ants” (due to the colour of their overalls).  However, due the volatility of the situation, in our invasion case, the whole area was sealed off by tons of armed policemen and armoured vehicles, to ensure that the eviction process could take place. Considering the political volatility that exists, if the Protected Tenants continue to refuse to pay their rent, they will be evicted. The Israeli equivalent of the “Red Ants” (should something like that exists) would be totally inadequate. Like the South African government, the Israeli government will have to intervene and use organs of state to secure the area to ensure the eviction takes place.

And judging by recent history, the dogs of war are quickly unleashed!

The Sheikh Jarrah case is very clearly a civil case with no national players officially having skin in the game. It also has still not been concluded. It can be easily resolved if payment of rental is made. It may be in the interests of certain players to ensure that it is not and seek to force the eviction on political grounds.  This said, whether the matter is regarded as a civil case or a political one, the Sheikh Jarrah case is not the sort of claim that can rationally justify a war or provide a  reason for an attempted genocide of Israelis.  So, the ex post facto reasoning for Hamas to start firing rockets, is completely fake. However, the consequences were very real and extended across the world.

The extent of violence and pure Jew-hatred (anti-Semitism is not a strong enough word, the original German word of “Judenfresser”- Jew Eater- is far more expressive) that erupted as Hamas was lobbing its missiles at civilian occupied areas, was absolutely astounding.  This, unfortunately, was Hamas’ greatest success.

Many people were shocked that Israeli Arabs came out in violent support of Hamas’ action.  Starting in the mixed city of Lod, a rage of violence flared resulting in at least five synagogues being torched and a school and various shops vandalised. This violent rioting by Israeli Arabs soon spread to other mixed cities such as Jaffa, Ramle and Acre. Should one be surprised? 

In 2000, during the “al-Aqsa intifada”, Arab Israelis marched in the streets chanting, “With our souls and our blood we will redeem Palestine.” Jaffa and Haifa, the showcases of Arab-Jewish coexistence, were rocked by violence and vandalism. Twenty years after the Al Aqsa Intifada, Arab Israelis, with full rights as citizens, and without the concomitant obligations, again chose to support terrorists, rather than their own country. The fears of the right-wing Israeli politicians gave voice to a fifth column in their midst. 

More surprising was the response of the international community. President Biden made it quite clear that “Israel has the right to defend itself”. What exactly does this mean?  That under other circumstances, it doesn’t have that right? That it should normally just lay down and die? Other American politicians were urging sanctions on Israel and the suspension of arm sales. Hundreds of thousands of ordinary Americans joined some of the largest rallies seen in recent years But these rallies were not in support of America’s greatest ally in the Middle East.  They were protesting against Israel, accusing it of war crimes and bombing innocent women and children. The intellectual philosophers of mass media indulged in mortality porn, judging the fairness of the conflict by the number of deaths on each side, calling it proportionality, while having no idea of the concept. These were also the talking-heads screaming that Israel was committing genocide. Israel lost the battle in America hands down! But in front of the eyes of America, the war was transformed from an anti-Israel war to a war against the Jews. There were over 17000 social media messages claiming, “Hitler was right”.  The signs and messages equating Jews with Nazis filled the newspapers and the TV screens, day after day. The virtually illiterate “social influencers” told their millions of followers on social media that “Israelis are child-killers” and “from the river to the sea Palestine shall be free” collectively reaching millions more people than the POTUS has supporters.

The would-be Picassos daubed swastikas and messages of hate on Jewish institutions and synagogues. It also got physical – people eating in restaurants were assaulted because they were Jewish. Gangs of thugs roamed the streets looking to beat up people who looked Jewish. Those who wore outer symbols of their Jewishness, such as ‘kippas’, were hospital cases waiting to happen. Anti-Semitic incidents, not anti-Zionist incidents, rose a staggering 70%. Collective guilt was enforced, with all Jews held liable for the actions of Israel. All of this happened while Israel was defending itself against and degrading the capacity of a terrorist organisation which had fired over four thousand war crimes against it. All of this happened in the Land of the Free – the USA – Israel’s greatest ally!

What went on in Europe may have been surprising but wasn’t unexpected. Europe is widely perceived to have a latent anti-Semitism which is supine, until some sort of incident ignites it. The incident that ignited it this time was the Israel – Hamas conflict. There were one or two pleasant surprises like the Israeli flag flying over the Austrian Chancellery and Chancellor Kurtz’ tweet that “we stand by Israel’s side” together with heart-warming visits by the foreign ministers of Germany, the Czech Republic and Slovakia. But generally, the position was only slightly worse than what played out in the US. The influx of Muslims into Europe has not resulted in a reduction of anti-Zionism and anti-Semitism. The trending flavour of the week was to re-post anti-Semitic and anti- Zionist messages. It was also open season on “criminals” who had the audacity to walk on the street while Jewish. There was a special bounty on the heads of anyone who looked like a rabbi, with a reward of as many kicks to the designated head, as felt necessary. The Chinese, who hypocritically commented that the USA has no sympathy for the suffering of Muslims, must have been smiling from ear to bank, as every one of the many pro-Hamas rallies abounded with its “Made in China” Palestinian flags. Not for the first time in history, was Europe a dangerous place for Jews. But then, both the Austrian Chancellor and the German Foreign Minister also did utter that “Israel has the right to defend itself”. Little was said about the Jews in Europe who were unable to do the same. (Never.!….. Again?)

The response of the openly anti-Israel countries was not unexpected. The calls for war-crimes trials against Israel were all recited from the proverbial hymn book.  South Africa, which also called for war crimes prosecutions, went as far as suggesting that Israel was going to invade Africa! A special Human Rights Council session has called for the creation of a permanent “Commission of Inquiry” to monitor and report on rights violations in Israel, the Gaza Strip, and the West Bank.  This will no doubt form a permanent addition to its notorious annual agenda Item 7. “Human rights situation in Palestine and other occupied Arab territories”.  Once again, Israel, objectively rated as democratic and free – and with a better human rights record that 13 of the 15 members on the Council – stands   convicted  by some of the world’s worst human rights abusers.  The charges will follow. The existence of a permanent “Special Rapporteur on the situation of human rights in the Palestinian Territories” remains part of the lynching party.  And then one realises why inane comments like “Israel has the right to defend itself” are so important.

The most horrifying consequence of the hostilities has been the justification and minimising of Hamas’ war crimes and the renewed de-legitimisation of Israel. As South Africa’s widely respected commentator on the middle east, Naeem Jeena said “So they fired a measly seven missile at Jerusalem” to show their support. So what – that’s OK now? Are seven “little” war crimes now de minimus, too small to concern civilised countries? Other commentators that have issued blanket denials that missiles have been fired from civilian areas (probably because Al-Jazeera and AP never knew this was happening) This, while Hamas issued a declaration that they are exempt from war-crimes, because they are “obliged” to fire from civilian areas. Millions of people have no objection to Human Shields as justifiable weapons of war and vocalise any of their deaths especially of “innocent women and children”. The mendacious excuse that Hamas says that it has to fire rockets at Israel because “it’s the only way that the Palestinians can protect their citizens” has gained currency and is virtually acceptable in the media. Time to remember that not firing rockets helps, too! But look how many people are prepared to accept that the end is shown to justify the means, when neither is justifiable. Rather accept the inanities, than these absurdities.

The slogan “From the river to the sea” is also in vogue, used by both by politicians and ordinary people. This has translated into any Jew is seen to support Israel and every Jew around the world has become a target. The current homicidal mobs are not interested in which sea is being referred to, so long as they can beat up a Jew. When a convoy of cars can travel unimpeded through the heart of London, with someone shouting though a loud hailer “Kill the Jews, rape their daughters” it is difficult to believe that there is a distinction be anti-Semitism and anti-Zionism. It was Martin Luther King, in the days before Critical Race Theory and Intersectionality, who said “When people criticize Zionists, they mean Jews. You’re talking anti-Semitism.” He also said that “The whole world must see that Israel must exist and has the right to exist and is one of the great outposts of democracy in the world.” Sixty years after his words, in a world full of irrational hate, the recognition of Israel is still being questioned!

The growing verbal and physical harassment of Jews in New York, Miami and Los Angeles by young Muslims is now no different from that seen in Europe.  The license given to them by elected leaders like Ocasio-Cortez and Tlaib and Corbin and McDonnell allows them to act with impunity. The genocidal Hamas tunnel rats have performed to loud vocal applause, have lost only a bunch of Gazans, whose deaths have been blamed on the Israelis, and the international community has already stepped up to fund the rebuilding of Gaza.  It doesn’t take a rocket scientist to see that they have no reason to change their modus operandi. These morally bankrupt international institutions continue to blame Israel.

But back to Sheikh Jarrah. Even to the most politically naïve, it must be obvious that the Sheikh Jarrah case is subject to political undercurrents and the litigants are being utilised at political pawns.  It would be reasonable to assume that the Arab tenants would far rather have paid the rent, as they initially agreed to do, rather than find themselves in this current situation. There has clearly been political pressure placed on them not to pay.  It is probable that the Palestinian Authority had a hand in ensuring the was no payment in order to embarrass the Israeli government and to allow festering resentment amongst the Palestinians. This manoeuvre was exploited by Hamas claiming that they launched their missile attack against Israel to protect the residents of Sheikh Jarrah. From finding emotional resonance, it morphed quickly into a festering sore then turned into a huge septic wound! Hamas’ claim of ethnic cleansing trumps the PA’s claim of “Judaising Jerusalem”. The PA has been outplayed, but its’ hands are tied. It would desperately like a solution to this impasse that gives no credit to Hamas.

The flag-wavers of the world are no doubt supporting the Hamas version!

On the other hand, it would be reasonable to assume sure that the owners of the property would far rather have the rent paid, than evict the tenants.  They cannot relish the fact that they will become the face of the picture-posters of Israeli oppression. One cannot be oblivious to the fact that there are Jewish groups who would like nothing more than to have Jews reclaiming property and living in the recaptured and united Jerusalem. The Israeli government, which would probably have liked nothing more than this matter to fade into the background, is obviously being forced into taking a stand. Its hands are also tied.  But the real sympathy and concern must go to the judges of Israel’s Supreme Court, who have to hand down a decision. On the facts, it can logically only come to one conclusion- occupants who have previously agreed that they are lessees and who have admitted that they have not paid rent must be evicted. But the political pressure must be immense, no matter what is said about giving judgement without fear or favour.

The Supreme Court of Israel has given the Attorney General until 8 June to decide whether it wished to become involved in the Sheikh Jarrah case. However, the political pressure, both domestic and international, to prevent the eviction continues to grow. Secretary of State Blinken, on his trip to Israel, warned Israel that America was opposed to the eviction. Heavyweight commentators who should (and probably do) know better, are inflaming the situation by maliciously referring to the evictions as ethnic cleansing (Case in point South Africa’s pre-eminent Muslim political commentator Naeem Jeenah in a debate against Lay Of The Land’s Rolene Marks).  May God protect and guide the judges!

The decision is no longer about Sheikh Jarrah. It’s about irrational Judenfressen in its most ugly, vicious form. Sheikh Jarrah is an excuse to find a socially acceptable way to publicly express Jew-hatred while pretending that the obsessive hatred is justifiable.

As a lawyer, one is taught to look for the win-win scenario and that it is usually better to settle out of court than to run a costly trial that you risk losing. Sheikh Jarrah is one of those cases. While the players may be politically boxed in, everyone else attempting to interfere is not. While I don’t profess to have all the answers, I do see a way forward. The Palestinian Authority can’t be seen to be conceding on the issue. The Israeli government can’t be seen to be dictating to the Court. BUT there are still two options:  eviction or payment.  There is nothing that prevents a third party from paying the outstanding amounts of a debtor.  Surely, one of the international players such as the one which take millions of dollars to Gaza in a suitcase every month, or one of other the countries that have pledged billions of dollars for the reconstruction of Gaza can find some way of paying the owners the money that is due to them and prevent the evictions, which may again set the world on fire.  One knows that there are finer details that would need to be worked out, but if there are negotiators that managed to broker a cease-fire between two implacable enemies, this dispute resolution should be child’s play. If the world sees it necessary to meddle in an Israeli domestic court case, then why not resolve it instead of pouring fuel on the fire?  Are we talking – a million dollars? Two million dollars? Five million dollars? Whatever it is, it’s cheap at the price! 

It used to be said that that there were five degrees of separation between everybody in the world. With the internet, it’s less. So lobby your congress-person, your parliamentarian, your elected representative, the NGO’s and all those other people and organisations that have interfered in the matter, but have not contributed to a solution.

Someone must know somebody who can do something constructive. Get the message out! Let the big-shots get an out of court settlement. These things happen every day.  Get the problem solved before the Supreme Court is obliged to hand down an irrevocable order. This message I send to you on the wings of my prayer.

The alternative is the winged fins of missiles again being launched!

About the writer:

Craig Snoyman is a practising advocate in South Africa.

While the mission of Lay of the Land (LotL) is to provide a wide and diverse perspective of affairs in Israel, the Middle East and the Jewish world, the opinions, beliefs and viewpoints expressed by its various writers are not necessarily ones of the owners and management of LOTL but of the writers themselves.  LotL endeavours to the best of its ability to credit the use of all known photographs to the photographer and/or owner of such photographs (0&EO)