Amidst the complex layers of Jerusalem lies Wadi Hummus. It is a neighborhood shrouded in legal and political intricacies. Wadi Hummus is part of the southern Jerusalem Arab village of Sur Baher. About 4000 people live here.
The story of Wadi Hummus is unusual. It highlights the incongruence between Jerusalem’s municipal boundary and the security fence. This fence was built during the Second Intifada in response to suicide bombings.
Interestingly, the inclusion of Wadi Hummus within the Israeli security fence occurred at the request of local residents. They even appealed to the Supreme Court on the matter.
Wadi Hummus is not part of the municipal territory of Jerusalem. Israeli law does not apply here as it does in other parts of Jerusalem. Wadi Hummus remained outside the annexation borders after 1967.
The situation here contrasts with the Shuafat refugee camp and Kafr Aqab in northern Jerusalem. Those areas are part of municipal Jerusalem. Israeli sovereignty applies to them but they lie outside the security fence. Wadi Hummus is not part of Jerusalem. It is not under Israeli sovereignty but lies inside the security fence.
Over the years Wadi Hummus has faced challenges. There is absence of government and neglect. There is also criminality and a lack of effective building supervision. The area became a no-man’s-land between Israel and the Palestinian Authority. There is no law and no judge.
Wadi Hummus is about 400 dunams in size. An estimated 5000 people reside here. This makes up one-third to one-fourth of the residents of Sur Baher. Wadi Hummus became an eastern extension of Sur Baher. Building possibilities are limited in Sur Baher itself. The construction in Wadi Hummus offers a solution for housing shortages.
The area is divided into Areas A, B, and C. These divisions add to the legal complexity. In Area A security and civilian control belong to the Palestinian Authority. In Area B security control belongs to Israel and civilian control to the Palestinian Authority. In Area C security and civilian control belong to Israel.
The courts have struggled with this mix. They issued contradictory rulings. In 2009 two judges on the Jerusalem District Court gave different rulings about the rights of Wadi Hummus residents.
The Jerusalem municipality provides minimal services like garbage removal. It does not have planning and licensing authority. The Palestinian Authority struggles to communicate with residents across the fence.
In 2011 the army prohibited building within 100 to 300 meters of the fence. This created a buffer zone. The army said this was needed to prevent illegal entry from the West Bank to Jerusalem.
Despite the order many structures were built. By mid-2019 there were 231 structures in the prohibited area. Some were multi-story and some were just skeletal.
In 2016 the IDF demolished three buildings. They announced plans to raze 15 more. Residents appealed to the Supreme Court in 2017. They claimed they had building permits from the Palestinian Authority. The court rejected the appeal. The state was allowed to carry out the demolitions.
Justice Menachem Mazuz wrote about the case. He noted that any building in violation of the building prohibition is illegal. A civilian permit from Palestinian authorities does not override the military commander’s authority.
The story of Wadi Hummus highlights the incongruence between Jerusalem’s municipal boundary and the security fence. Two kinds of enclaves were created. Some parts of Jerusalem are outside the security fence. Other areas are inside the fence but outside the city’s boundaries.
Wadi Hummus remains a place of legal and political complexity. It is a neighborhood shaped by the security fence and jurisdictional boundaries. It is a place where residents navigate a difficult reality. Their lives are caught between different authorities and legal systems.