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Access to Al-Aqsa – Right to movement and religion under Israeli occupation

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By Rafaël Rutten, May 10, 2023.

In a worrying recurring trend, the holy month of Ramadan and its coincidence with the Jewish holiday of Passover has once again been characterised by violent Israeli domination over the Al-Aqsa compound in the Old City of Jerusalem. Over the course of Ramadan, Israeli security forces have restricted and denied Palestinians access to the holy site, violently evicted worshippers from the mosques and escorted Jewish civilians into the compound. Israeli police and military routinely restrict Palestinians’ access to Al-Aqsa, preventing them from exercising their right to practise their religion in one of the holiest places of Islam. Besides denying access, Israeli forces also regularly use excessive force to clear the compound of Palestinian worshippers. Recently, on the 5th of April, shocking videos showed Israeli police forcefully entering the mosque with the use of tear gas and stun grenades, violently beating worshippers with batons and the butts of guns and arresting over 400 Palestinians.[i] Attacks like these are frequent and are often used to pave the way for Jewish Israelis to enter Al-Aqsa, known to them as Temple Mount, where they perform religious rituals under the protection of Israeli police. These escorted intrusions are widely considered to be deliberately provocative actions, illegal under international law and the agreed status quo of Al-Aqsa, and have been condemned by the international community.[ii] Consequently, Israeli transgressions on Al-Aqsa have led to outbursts of retaliatory violence, as recently seen in the rocket attacks from Gaza and Lebanon. To understand what is happening, it is important to see the recent events in a broader context, for closure, attacks and incursions of Al-Aqsa are not unique or isolated. Rather, they have a long and significant history and are part of discriminatory structures of the Israeli occupation, including the ID-system, movement bans and the claiming of holy sites. Through these systematic practices, Israel violates Palestinians’ universal human rights to freedom of movement and freedom of religion.

Context

Religious significance

Attacks on Al-Aqsa should be understood in the context of religious significance, Israeli occupation, the established status quo and a history of violence. The Al-Aqsa compound is the commonly used name for a plaza in the Old City of Jerusalem, formally named Al-Haram al-Sharif (The Noble Sanctuary), located in occupied East Jerusalem.[iii] It contains the Dome of the Rock, the Al-Aqsa or Al-Qibli Mosque and the Western Wall, as well several other mosques, spaces with religious significance and places for prayer. The compound is considered the third holiest site in Islam, as it is believed to be the site of several important events in the history of Islam.[iv] Most notably, Muslims believe it is the place to which Muhammad was transported from Mecca, where he led other prophets in prayer and ascended to heaven for an encounter with God.[v] This makes the Al-Aqsa an important site to pilgrims and worshippers, especially during Ramadan. Al-Haram al-Sharif, known to Jews as Temple Mount, is also the holiest site in Judaism. It is believed to be the location of the two ancient Temples of Jerusalem, the ‘Foundation Stone’ from which creation of the world began and Abraham’s binding of Isaac for sacrifice.[vi] The Western Wall is considered to be the only remnant of the wall surrounding Temple Mount and is therefore a sacred site for prayer and pilgrimage.

Illegal occupation

The violence at Al-Aqsa is often attributed to the immense significance for both Islam and Judaism, but it has to be seen in light of the Israeli occupation. In the 1967 Six Day War, Israel occupied the West Bank, the Gaza Strip, the Sinai Peninsula, the Golan Heights and East Jerusalem, which includes the Old City and Al-Aqsa. This occupation is illegal under international law and most states do not recognise Israel’s proclaimed sovereignty over these occupied Palestinian territories (oPt). Under this illegal occupation and subsequent annexing of East Jerusalem, the Israeli government began increasing its control over Al-Aqsa. This began with the destruction of the Moroccan Quarter, to create space for an open square in front of the Western Wall. The new plaza served as the first symbolic Israeli space in East Jerusalem and increasingly became a central religious destination intertwined with political symbolism.[vii] The Israeli occupation further increased its control by confiscating the gate connecting the Western Wall to the Temple Mount and setting up permanent police headquarters within the compound. Moreover, Israel closed some of the gates into Al-Aqsa to restrict access to the compound. Ergo, Israel is illegally exercising control over this occupied space.

Status quo

Despite increased Israeli presence surrounding the compound, control over Al-Aqsa officially remained in the hands of the Jordanian Waqf. Following centuries-old tradition, non-Muslims could visit the compound but not pray there. This became known as the Status Quo, in which the Waqf manages the compound and Israel provides security and facilitates visits for non-Muslims.[viii] This also includes banning Jewish hard-line groups who call for the destruction of the compound and the construction of a Third Temple.[ix] Opposing these extremist ideas, the international community, the Israeli Supreme Court and the Chief Rabbinate of Israel have supported the agreement.

Violent past

However, as occupying power, Israel has de facto control over the site and has continually defied the status quo.[x] It frequently denies Palestinians entrance to the Al-Aqsa compound, allows, often extremist and ultranationalist, Jewish civilians to pray and perform religious rituals in the site, and attacks Palestinian worshippers. These continual violations intensify every year around Ramadan. In the past, this has repeatedly led to increased violence. Most notably, a provocative visit to Temple Mount by Israeli opposition leader Ariel Sharon and over a thousand armed soldiers and police in 2000, sparked the Second Intifada (also known as the Al-Aqsa Intifada).[xi] The four years that followed were marked by overwhelming Israeli military violence which led to the deaths of close to 5000 Palestinians, countless more wounded and thousands of demolished and damaged houses.[xii] Since then, yearly incursions have led to violence against Palestinians, mass arrests and full-fledged military operations.[xiii]

Patterns of Occupation

The control Israel exercises over Palestinian’s access to Al-Aqsa, in breach with international agreements, is symbolic of the illegal occupation of Palestinian land and holy sites. Through the use of the ID-system and movement bans, Israel limits Palestinian’s right to movement and freedom of religion and lays claim to sacred sites.

ID-system

First, the complex discriminatory array of Identity Documents (hawiyyah) given to Palestinians limits their mobility and effectively orders society into different classes. Simply put, IDs are differentiated by the colour of the mandatory cardholder and information on the card itself. Without going into the intricate details, Israeli citizens and Palestinians in occupied East Jerusalem are issued a blue ID, Palestinians living in the West Bank have green IDs and Palestinians in Gaza have orange IDs. This complex and utterly confusing system has far-reaching consequences for Palestinian mobility and identity. The variety of IDs determines Palestinian’s mobility, as they allow access to different spaces. Green and orange ID holders cannot exit the West Bank and Gaza respectively, meaning they are not allowed to visit Al-Aqsa to practise their religion. ‘Blue’ Israeli citizens however, can freely traverse occupied East Jerusalem and its holy sites. This disparity orders society into hierarchical classes, by not only granting ‘first-class’ Israeli citizens more rights and freedom than ‘second-class’ Palestinians, but also further fragmenting Palestinians by granting different groups different privileges.[xiv]

Movement bans

Second, the Israeli occupation uses movement bans to prevent Palestinians from visiting Al-Aqsa. Green ID holders need Israeli permits to leave the West Bank, whether for visiting holy sites, seeking medical care, working or travelling. These permits are incredibly hard to obtain and, once obtained, may be taken away again without explanation. Usually quoting ‘security threats’, movement bans are imposed by Israeli police and Shin Bet, the Israeli internal security service. These bans are often arbitrary, unfounded or the result of illegal collective punishment. For example, if a Palestinian is arrested or incarcerated, their family members are often automatically banned from leaving the oPt. Moreover, people who are politically active, involved in activism or engaged in the Palestinian struggle in any way, sometimes through as little as social media posts, are targeted with bans. In the case of Jerusalemites, this can take the form of house arrest or bans on entering the Old City or Al-Aqsa specifically.[xv]

Appealing movement bans is a bureaucratic nightmare. Involving countless government agencies, the process is complicated and obscure, shaped by administrative flexibility, wide discretion, conflicting decisions and changing decrees.[xvi] This ‘effective inefficiency’ creates constant insecurity and uncertainty and makes any attempt at getting a ban lifted an expensive, time consuming and utterly exhausting endeavour. Therefore many Palestinians do not even attempt to get it lifted. Consequently, a large portion of the Palestinian population cannot visit Al-Aqsa due to movement bans and a lack of permits. This draconian permit regime is deemed illegal under international law, as concluded by the United Nations High Commissioner for Human Rights.[xvii]

The Israeli occupation also prevents access to Al-Aqsa through discriminatory collective punishment based on, inter alia, demographic categories. Often, people between the ages of 12 and 50 are banned from entering the compound. Young Palestinians (men especially) are barred, while children and seniors are granted access. Israel attempts to justify this policy under the pretence of security, based on unfounded claims of threats posed by Palestinian young people. As a result, the whole demographic group is collectively punished through this ban. Moreover, the Palestinian population is very young, with people between the age of 15 and 40 making up 42.3% of the population, while the elderly (60+) only account for 5,7%.[xviii] Banning this demographic, is therefore seen as an effective tool for the Israeli occupation in preventing the bulk of the population from entering Occupied East Jerusalem. This distinction is disproportionate and discriminatory and it amounts to collective punishment, therefore deemed illegal under international (humanitarian) law.[xix]

Claiming holy sites

Through these measures, Palestinians’ access to Al-Aqsa is restricted, while Jewish Israelis are increasingly allowed to enter the compound. This amounts to claiming the holy site. Throughout Ramadan, Israeli civilians have entered the compound under the protection of security forces, allowing them to perform religious rituals. Extreme Israeli groups have also called on civilians to ritually sacrifice animals at Al-Aqsa, even offering prize money, in an attempt to provocatively desecrate the Islamic holy site.[xx] Again, this is not unique or isolated. The Israeli occupation continually lays claim to holy sites throughout the oPt. For example, similar to annually recurring restricted access to Al-Aqsa for Muslims, Israel has repeatedly obstructed Christians from praying and celebrating religious holidays at holy sites. This year for example, only a relatively small number of people were allowed to visit the Easter ceremony in the Church of the Holy Sepulchre and soldiers violently obstructed and beat Christians in the Old City.[xxi]

Many Palestinians also fear the structural violent incursions in Al-Aqsa might lead to the permanent seizing of the site by Jewish Israelis, similar to the Ibrahimi Mosque in Hebron, a holy site for both Jews and Muslims. In 1994, an American-Israeli settler opened fire in the mosque, murdering 29 Palestinian worshippers and injuring 150 others.[xxii] After the massacre, Israel imposed several ‘security measures’, penalising the Palestinian victims. It divided the mosque into a Muslim and a Jewish section, claiming the majority of the space for Jews, closed the bustling city centre and access roads off to Palestinians and erected strict military checkpoints limiting Palestinians’ movement.[xxiii] The only remaining entrance to the mosque is heavily guarded and features an intimidating AI-controlled machine gun.[xxiv] Moreover, the mosque is often closed to Palestinians to accommodate Jewish settlers in their worship and celebration of religious holidays. This leads Palestinians to fear the same fate for Al-Aqsa and is thus part of a worrying trend of controlling and claiming holy sites.

Violations of universal human rights

Israel’s continued imposed restrictions on access to Al-Aqsa through the tools described and its claiming of holy sites directly violate several universal human rights. Most notably, the Right to Freedom of Movement and the Right to Freedom of Religion, as codified in the Universal Declaration of Human Rights in article 13 and 18 respectively, are violated:

Article 13:

  1. Everyone has the right to freedom of movement and residence within the borders of each State.
  2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 18:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Denying Palestinians the possibility to move freely within and across the borders of the oPt is in breach with Article 13. Preventing Palestinians from manifesting their religion by practicing, worshipping and observing at Al-Aqsa is in flagrant violation of Article 18.

Moreover, the fact that the de jure annexation of East Jerusalem is deemed illegal under international law is of paramount importance. [xxv] As occupying and annexing power, exercising control over the oPt, Israel is therefore bound by International Humanitarian Law, including the Fourth Geneva Convention (GCIV). Following this agreement, Palestinians are considered protected persons. Therefore, they:

  • are entitled to respect for their religious convictions and practices and shall be treated without prejudice to their health, age and sex (Article 27).
  • shall not be punished with collective penalties (Article 33).
  • shall not be deprived of the benefits of the Convention upon occupation and/or annexation of the occupied territory (Article 47).

Discrimination based on religion and age, collective punishment and deprivation of Palestinians’ right to religious practice in the oPt are thus blatant violations of GCVI.

Demands

Hurryyat calls on the international community to take an active stance in order to stop the constant violations of universal human rights committed by Israel’s occupation regime. Concretely, Hurryyat proposes the following steps:

  1. Condemn Israel’s policies and practices of discrimination and collective punishment in its illegal occupation of the Palestinian territories, in accordance with the Geneva Conventions, particularly the Fourth.
  2. Pressure Israel into abiding by the international agreements they are party to, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Geneva Conventions, and hold it accountable for its continuous violations of these agreements.
  3. Stop the violations of human dignity and the suffering of Palestinians attempting to practice their religion. People trying to exercise their right to freedom of religion should not be faced with constant subjugation through humiliating, invasive and dehumanising treatment at the hands of illegal Israeli occupying forces.
  4. Visit the oPt to see how Palestinians’ right to freedom of movement and freedom of religion are continuously violated by the Israeli occupation. Come see how Palestinian civilians, including women, children and the elderly are victimised by Israel’s inhumane treatment at border crossings, checkpoints and within Occupied East Jerusalem, especially on their religious holidays.
  5. Educate and engage in the Palestinian cause. Independently visiting the oPt is the only way to truly grasp the reality of life under occupation and the obstacles Palestinians face in their daily lives. Understand Israeli occupation’s continuous infringement on Palestinians’ fundamental rights and freedoms through illegal and discriminatory policies and practices; and subsequently work to dismantle the occupation. Whether through pressuring governments, engaging in activism or humanitarian work or making meaningful change on a policy level, involvement is incredibly useful. Awareness of the plight of the Palestinian people and active engagement in the Palestinian cause, can help shape the future of the oPt.

    For more information:

    • On Al Aqsa:
      • Hillel Cohen, ‘The Temple Mount/al-Aqsa in Zionist and Palestinian National Consciousness’, Israel Studies Review 32, no. 1 (2017): 1–19.
      • Nadda Osman, ‘Al-Aqsa Mosque: The significance of one of Islam’s holiest sites’, Middle East Eye, April 15, 2022. https://www.middleeasteye.net/discover/palestine-al-aqsa-islam-one-of-islam-holiest-significiance.
      • Namzi Jubeh, ‘Jerusalem’s Haram al-Sharif: Crucible of Conflict and Control’, Journal of Palestine Studies 45, no. 2 (178) (2016): 23-37.

     

    • On Right to Movement and Right to Religion:
      • Helga Tawil-Souri, (2012) ‘Uneven Borders, Coloured (Im)mobilities: ID Cards in Palestine/Israel’, Geopolitics, 17, no. 1 (2012): 153-176.
      • United Nations Human Rights Council, ‘Freedom of Movement Human rights situation in the Occupied Palestinian Territory, including East Jerusalem.’ (A/HRC/31/44), January 20, 2016.
      • Yael Berda, ‘Living Emergency : Israel’s Permit Regime in the Occupied West Bank.’ (Redwood City: Stanford University Press) 2017, 35.
About Hurryyat

The Center for Defense of Liberties and Civil Rights “Hurryyat”, through its Right to Movement and Travel Project, works to aid Palestinians who have been banned from travel, research the ways in which the Right to Movement is violated and advise international bodies on the subject. For more information on its mission and activities, as well as other important projects, please take a look at our website.

About the author

Rafaël Rutten is a Dutch intern working with Hurryyat on the Right to Movement and Travel Project, based in Ramallah. He has a Bachelor’s Degree in History & International Relations and is currently following a Master’s program in Conflict Studies & Human Rights, both at Utrecht University. He has a broad interest in history, international relations, violent conflict and media, with a regional focus on the Middle East and North Africa, specifically the Israel-Palestine Conflict.

[i] ‘Israeli forces attack worshippers in Al-Aqsa Mosque raid’, Al Jazeera, April 6, 2023. https://www.aljazeera.com/news/2023/4/5/israeli-police-attack-worshippers-in-jerusalems-al-aqsa-mosque.

[ii] See for example: United Nations Office of the High Commissioner for Human Rights, ‘Israel: UN expert condemns brutal attacks on Palestinians at Al-Aqsa Mosque’, April 6, 2023. https://www.ohchr.org/en/press-releases/2023/04/israel-un-expert-condemns-brutal-attacks-palestinians-al-aqsa-mosque. and: ‘Israel/OPT:  Second night of horror at al-Aqsa mosque’, Amnesty International, April 6, 2023. https://www.amnesty.org/en/latest/news/2023/04/israel-opt-second-night-of-horror-at-al-aqsa-mosque/.

[iii] Britannica, T. Editors of Encyclopaedia. “Al-Aqṣā Mosque.” Encyclopedia Britannica, April 7, 2023. https://www.britannica.com/topic/Al-Aqsa-Mosque.

[iv] Nadda Osman, ‘Al-Aqsa Mosque: The significance of one of Islam’s holiest sites’, Middle East Eye, April 15, 2022. https://www.middleeasteye.net/discover/palestine-al-aqsa-islam-one-of-islam-holiest-significiance

[v] Britannica, T. Editors of Encyclopaedia. “Al-Aqṣā Mosque.” Encyclopedia Britannica, April 7, 2023. https://www.britannica.com/topic/Al-Aqsa-Mosque.

[vi] Hillel Cohen, ‘The Temple Mount/al-Aqsa in Zionist and Palestinian National Consciousness’, Israel Studies Review 32, no. 1 (2017): 9.

[vii] Namzi Jubeh, ‘Jerusalem’s Haram al-Sharif: Crucible of Conflict and Control’, Journal of Palestine Studies 45, no. 2 (178) (2016): 23-25.

[viii] Adam Sella, ‘What does the ‘status quo’ mean at Jerusalem’s Al-Aqsa Mosque?’, Al Jazeera, April 11, 2023. https://www.aljazeera.com/news/2023/4/11/hldwhat-does-the-status-quo-mean-at-jerusalems-al-aqsa-mosque?traffic_source=KeepReading.

[ix] Zena al Tahnan, ‘Who are the Jewish groups who enter Jerusalem’s Al-Aqsa compound?’, Al Jazeera, April 12, 2023. https://www.aljazeera.com/news/2023/4/12/who-are-jewish-groups-entering-al-aqsa-mosque.

[x] Motassem A Dalloul, ‘Is Jordan really the custodian of Jerusalem’s holy sites?’, Middle East Monitor, January 19, 2023. https://www.middleeastmonitor.com/20230119-is-jordan-really-the-custodian-of-jerusalems-holy-sites/.

[xi] Richard Kreitner, ‘September 28, 2000: Ariel Sharon Visits the Temple Mount, Sparking the Second Intifada’, The Nation, September 28, 2015. https://www.thenation.com/article/archive/september-28-2000-ariel-sharon-visits-the-temple-mount-sparking-the-second-intifada/.

[xii] Ali Adam, ‘Palestinian Intifada: How Israel orchestrated a bloody takeover’, Al Jazeera, September 28, 2020. https://www.aljazeera.com/news/2020/9/28/palestinian-intifada-20-years-later-israeli-occupation-continues.

[xiii] For a comprehensive overview of raids, closures and restrictions at Al-Aqsa between 2014 and 2022, see: Dalia Hatuqa and Alia Chughtai, ‘Timeline: Al-Aqsa raids, closures and restrictions’, Al Jazeera, April 20, 2022. https://www.aljazeera.com/news/2022/4/20/timeline-raids-closures-and-restrictions-on-al-aqsa.

[xiv] Helga Tawil-Souri, (2012) ‘Uneven Borders, Coloured (Im)mobilities: ID Cards in Palestine/Israel’, Geopolitics, 17, no. 1 (2012): 159.

[xv] See for example: Hanady Halawani, ‘I am a daughter of Jerusalem – and yet I cannot enter Al-Aqsa Mosque’, Middle East Eye, April 11, 2023. https://www.middleeasteye.net/opinion/aqsa-mosque-how-israel-punishes-me-devotion.

[xvi] Yael Berda, ‘Living Emergency : Israel’s Permit Regime in the Occupied West Bank.’ (Redwood City: Stanford University Press) 2017, 35.

[xvii] United Nations Human Rights Council, ‘Freedom of Movement Human rights situation in the Occupied Palestinian Territory, including East Jerusalem.’ (A/HRC/31/44), January 20, 2016, 4.

[xviii] Upon request, the data was obtained from Palestinian Central Bureau of Statistics, 2023.

[xix] UNHRC, ‘Freedom of Movement’, 2.

[xx] ‘Temple Mount groups pledge prizes for animal sacrifice at Al-Aqsa Mosque’, Middle East Monitor, April 1, 2023. https://www.middleeastmonitor.com/20230401-temple-mount-groups-pledge-prizes-for-animal-sacrifice-at-al-aqsa-mosque/.

[xxi] See: ‘Jerusalem church leaders decry Israel’s ‘heavy-handed’ Easter restrictions’, Middle East Eye, April 12, 2023. https://www.middleeasteye.net/news/israel-jerusalem-easter-church-leaders-decry-heavy-handed-restrictions. and Maram Humaid, ‘Despite Israeli restrictions, Christians celebrate Holy Flame’, Al Jazeera, April 16, 2023. https://www.aljazeera.com/features/2023/4/16/despite-israeli-bans-holy-flame-celebrated-in-jerusalem-gaza.

[xxii] ‘The Ibrahimi Mosque massacre 29 years later: The victims are still paying the price’, Wafa Palestine News & Info Agency, February 25, 2023. https://english.wafa.ps/Pages/Details/133561.

[xxiii] Nigel Wilson, ‘Remembering the Ibrahimi Mosque massacre’, Al Jazeera, February 26, 2023. https://www.aljazeera.com/news/2016/2/26/remembering-the-ibrahimi-mosque-massacre.

[xxiv] ‘Israel sets up AI-controlled machine gun in occupied Hebron’, Middle East Monitor, September 27, 2023. https://www.middleeastmonitor.com/20220927-israel-sets-up-ai-controlled-machine-gun-in-occupied-hebron/.

[xxv] United Nations General Assembly, ‘Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel’, A/77/328, September 14, 2022.