Update: US Embassy in Jerusalem
Palestinian Land Claims to Allenby Barracks
In response to questions concerning the transfer of the US Embassy
from Tel Aviv to Jerusalem, U.S. Embassy spokesperson Larry
Schwartz stated that, "there are no plans to go forward at this
time". Schwartz noted, however, that once a final resolution is
found, the U.S. government would build on land in Jerusalem
allocated to it by Israel. As the current land allocated to the
U.S. on the former Allenby Barracks is Palestinian refugee
property, Schwartz re-iterated that all outstanding property claims
of that nature should also be resolved in the final status. The
transfer of the US Embassy from Tel Aviv to Jerusalem was mandated
by a 1995 Congressional bill (see al-majdal, issue no. 2).
The property currently designated for the U.S. Embassy was confiscated by the Israeli government says Hasib Nashashibi, whose family owned property in that area. According to Palestinian Conciliation Committee maps and Hasib's own family documents, the property of the Allenby Barracks was divided among family waqf, public waqf and the Egyptian Coptic Church. In the war of 1948 the land was depopulated and transferred to the Israeli Custodian of Absentees' Property.
According to Nashashibi, the northern portion of land, 56 dunums, is owned by the Khalidi, Nashashibi, Abu Saud, Saiidi, and Burjuan families all of whom entrusted their property to the Waqf. As late as 1952 the High Commissioner of the British Mandate gave Akram Khalidi 53 Palestinian Pounds as payment for the rent owed for use of this property in 1951. This was the last payment. The southern portion of land, which is now divided by a road that leads to the Israeli area of Armon HaNatziv, is a combination of family waqf and privately owned property of the Dijani's and several other families. Thirty-three dunums are still owned by the British Government. A document received by Nashashibi from the British Council states that the land has never been sold.
Although the conclusion of final status talks was set for
September of 2000, Palestinian claims for their property and the
right to return will continue long after the dates set in the
recent Sharm al-Sheikh agreement. As recently expressed in the
international response to the forced population transfers of East
Timor and Kosova, the right to property and the right of return has
been repeatedly consecrated in international law and practice.
Despite the confidence of the U.S. Congress to concur with the
Israeli allocation of property, the U.S. will have to be wary of
where it chooses to make its bed.