The Kfar 'Aqab neighborhood is located within the municipal boundaries of Jerusalem, beyond the separation wall, and is home to tens of thousands of permanent residents and Israeli citizens. Starting in June 2024, the water supply to residents has been greatly reduced, until it reached, at the height of summer, 4-12 hours a week.
On June 23, 2024, we sent urgent legal correspondence (Hebrew) to the Minister of Energy and Infrastructure, the Head of the Water and Sewage Authority, and the Mayor of Jerusalem. Attorney Tal Hassin of ACRI emphasized that the Kfar 'Aqab neighborhood was annexed to Jerusalem in 1967, as part of the annexation of the entire eastern city, and that the state authorities have a legal obligation to provide its residents with full services.
On August 7, 2024, the residents of Kafr Aqab, ACRI and Ir Amim petitioned the High Court of Justice demanding a regular water supply in the neighborhood. The petition described the severe impacts of the water crisis on daily life and the severe violation of residents' basic rights to water, health, dignity and equality.
In complete contradiction to the water laws and due to a historical arrangement, the water that reaches Kafr 'Aqab is purchased from Mekorot but supplied by the Ramallah Water Company, which is not an authorized water supplier in Israel. The petitioners emphasized that despite this anomaly, the Israeli authorities – the Ministry of Energy and Infrastructure, the Water Authority, the Jerusalem Municipality and Mekorot – are responsible for ensuring the supply of water to the neighborhood, which is part of the area annexed to Israel in 1967 and is located within Jerusalem's municipal boundaries. The petition argued that, rather than taking responsibility, the authorities are shifting the burden to each other and the Palestinian Authority. This evasion of their legal obligations, resulting in residents being left without water and suffering severe violations of basic rights, is deemed highly unreasonable.
On August 18, 2024, the state informed the court that representatives from the Water Authority and the Gihon Company had toured the neighborhood and met with residents. They concluded that there is a valid need for installing drinking water distribution stations in the area, pending security clearances. Consequently, the court has scheduled an urgent hearing to address the petition.
HCJ 16264-08-24 Casey v. Minister of National Infrastructure, Energy and Water
Attorney: Tal Hassin
The petition, August 7, 2024 (Hebrew)
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