[763] Israeli authorities also have issued demolition orders for structures allegedly built on archaeological sites in the West Bank. She said her fianc twice applied for permits to visit Gaza, but Israeli authorities denied him both times; once due to Jewish holidays and the other without reason. ICC-01/18, https://www.icc-cpi.int/CourtRecords/CR2020_00161.PDF (accessed August 16, 2020), paras. [92] Jonathan Cook, Blood and Religion: The Unmasking of the Jewish and Democratic State (London: Pluto Press: 2006), p. 16. [35] International Convention on the Suppression and Punishment of the Crime of Apartheid (Apartheid Convention), G.A. [20], The prohibition of crimes against humanity is among the most fundamental in international criminal law. It Plagiarized a 40-Year-Old Israeli Initiative, Foreign Policy, February 11, 2020, https://foreignpolicy.com/2020/02/11/trump-middle-east-peace-plan-isnt-new-israeli-palestinian-drobles/ (accessed June 1, 2020). In contrast, Israeli authorities permit Israeli settlers, residents, and visitors, along with foreign tourists, largely unfettered freedom of movement throughout the West Bank, including into the seam zone and many closed military zones, but excluding Palestinian population centers, and into East Jerusalem and Israel. A/RES/2391(XXIII), entered into force November 11, 1970, https://bit.ly/3dF2y0U (accessed May 12, 2020). [400], Israeli authorities sharply discriminate in the provision of resources and services between Palestinians and Jewish Israelis in Jerusalem. As this chapter will show, Israeli authorities have pursued many policies in ways that manifest a discriminatory intent to systematically dominate Palestinians. [277] The army not only systematically fails to intervene, but, BTselem found, they often provide the perpetrators escort and back-up. [595] The fund owns 13 percent of Israels land, which the state is mandated to use for the purpose of settling Jews.[596], Israeli authorities have almost exclusively allocated state lands for the development and expansion of Jewish communities. [355] Israel Nature and Parks Authority, Ministry of Environmental Protection and Israel Civil Administration, Monitoring of the Judea and Samaria Rivers: Assessment of the situation based on the sampling findings in 2014 2015, (Hebrew) March 2016, https://www.sviva.gov.il/infoservices/reservoirinfo/doclib2/publications/p0801-p0900/p0831.pdf (accessed June 16, 2020), p. 31. Also see, Knesset, Foreign Affairs and Defense Committee, https://www.knesset.gov.il/committees/eng/committee_eng.asp?c_id=4 (accessed June 13, 2020). The first confiscation, of about 1,200 dunams of land from Nazareth, took place in June 1954 under a 1943 law (Acquisition for Public Purpose Ordinance), a relic of British mandate law that permits the taking of land for a public purpose. The focus on domination, as opposed to formal sovereignty, also indicates that the crime of apartheid can be carried out by authorities outside its own territory and with respect to non-citizens. The Citizenship and Entry into Israel Law (Temporary Order)2003, which prohibits Palestinians from the West Bank and Gaza with few exceptions from obtaining citizenship or permanent residency in Israel and East Jerusalem further reflects a desire to maintain demographic control. Authorities granted him a permit and her a permit to accompany him, and they traveled in 2017 alongside her 8-month-old second son. This restriction, based solely on the spouses identity as a Palestinian from the West Bank or Gaza, notably does not apply when Israelis marry non-Jewish spouses of most other foreign nationalities. [545] Gaza: Widespread Impact of Power Plant Attack, Human Rights Watch news release; Gaza: Israeli Offensive Must Limit Harm to Civilians, Human Rights Watch news release, June 28, 2006, https://www.hrw.org/news/2006/06/28/gaza-israeli-offensive-must-limit-harm-civilians. Neither Israeli nor Palestinian authorities maintain precise population figures for Kufr Aqab; estimates range between 70,000 and 100,000,[412] while Kufr Aqabs municipal council maintains that the actual figure is around 120,000. [578] Knesset, Citizenship and Entry into Israel Law (temporary provision) 5763 2003, (unofficial translation). That, combined with the Law and Administration Procedures Act passed in 1970 by the Knesset, have empowered the Custodian of Absentee Property to determine whether East Jerusalem properties qualified as absentee properties. The Israeli government has permitted the application of the law to East Jerusalem for the most part since 1967. The report draws on years of research and documentation by Human Rights Watch and other rights organizations, including fieldwork conducted for this report. See Dr. [654] Authorities continued to confiscate Palestinian land to develop Nazareth Illit into the 1960s and 1970s, including a 160 dunam plot of land in the center of Nazareth known as the Sprinzak Enclave. [240] UN Office for the Coordination of Humanitarian Affairs (OCHA), Longstanding Access Restrictions Continue to Undermine the Living Conditions of West Bank Palestinians, The Monthly Humanitarian Bulletin, March-May 2020, https://www.ochaopt.org/content/longstanding-access-restrictions-continue-undermine-living-conditions-west-bank-palestinians (accessed June 10, 2020). [324] PCBS, Number of Settlers in theIsraeli Settlementsand Palestinian Population in the West Bank by Governorate, 2018, http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/SETT4E-2018.html (accessed June 4, 2020); BTselem, Land Grab: Israels Settlement Policy in the West Bank, May 2002,https://www.btselem.org/download/200205_land_grab_eng.pdf(accessed March 30, 2020), p. 100. [364] Palestinian Central Bureau of Statistics (PCBS), Estimated Mid-Year Population of Qalqiya Governate, 2017-2021 (Arabic), http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/QalqiliyaA.html (accessed April 4, 2021). [813] As of March 2020, the Israeli Defense Ministry maintained formal bans against 430 organizations, including the Palestine Liberation Organization that Israel signed a peace accord with, its ruling Fatah party, and all the other major Palestinian political parties. [791] Israel: End Restrictions on Palestinian Residency, Human Rights Watch news release, February 5, 2012, https://www.hrw.org/news/2012/02/05/israel-end-restrictions-palestinian-residency. [312], In addition, Israeli authorities have almost entirely deprived Palestinians access to water from the Jordan River, the only major surface water resource in the West Bank, by diverting its flow upstream of the West Bank. She applied for a permit to return to the West Bank, but the Palestinian Civil Affairs office in Gaza told her that Israelis had placed a 6-month security bloc on her, barring her from travel. During these confrontations, Israeli forces regularly used excessive and vastly disproportionate force, at times deliberately targeted civilians or civilian infrastructure,[489] and, in total, killed well over 2,000 Palestinian civilians. [827] Beinin, Was the Red Flag Flying There? [197] The Scarcity of Water, Emerging Legal and Policy Responses, International Environmental Law and Policy Series (Kluwer Law International: 1997), Edward H. P. Brans, Esdier J. de Haan, Andr Nollkaemper, and Jan Rinzema (eds. Authorities have said in particular that they want to minimize travel between Gaza and the West Bank to prevent transferring a human terrorist infrastructure from Gaza to the West Bank, the latter of which has a porous border with Israel and is home to hundreds of thousands of Israeli settlers.[699]. The Israeli settlement of Ariel between the Palestinian village of Marda (below) and Salfit (above) in the occupied West Bank. Built in part on state land and designated as a city to receive new Jewish immigrants, Israeli authorities invested heavily in Nazareth Illit, including by establishing in 1992 the Ziporit Industrial Area, which includes factories and a park for high-tech companies. [414] An official from the municipal council estimates that Kufr Aqab lost in total about a third of its land to Kochav Yaakov. Israeli authorities do face legitimate security challenges in Israel and the OPT. [253] Palestinians can also be jailed for participating in a gathering of more than ten people without a permit on an issue that could be construed as political,[254] while settlers can demonstrate without a permit unless it involves more than 50 people, takes place outdoors and involves political speeches and statements.[255] Authorities can deny a permit to settlers for such a gathering only when they can show a near certainty of harm to public security, public order, or the rights of others. Authorities have also sharply restricted the entry and exit of goods to and from Gaza, which, alongside Egypt often shutting its border, effectively seals it off from the outside world. [331] Al Haq, Water For One People Only, pp. [295] BTselem, Route 443 West Bank road for Israelis only, January 1, 2011, https://www.btselem.org/freedom_of_movement/road_443 (accessed June 4, 2020). [374] ACRI, East Jerusalem: Facts and Figures 2019.. [747], Beyond reclassifying land status, Israeli authorities have used other mechanisms to take control of land. [633] Meanwhile, Israeli authorities established Nazareth Illit (Upper Nazareth, renamed in 2019 Nof HaGalil; referenced henceforward by its original name) in the 1950s as a Jewish town,[634] according to Israels first Prime Minister David Ben Gurion, in order to, as a then-senior official put it, swallow up Nazareth. [762] Jerusalem Municipal Data reveals Stark Israeli-Palestinian Discrepancy in Construction Permits in Jerusalem, Peace Now press release, September 12, 2019, https://peacenow.org.il/en/jerusalem-municipal-data-reveals-stark-israeli-palestinian-discrepancy-in-construction-permits-in-jerusalem (accessed May 2, 2020). Israel also unilaterally annexed the Golan Heights in 1981, though it also remains an occupied territory under international law. Impose targeted sanctions, including travel bans and asset freezes, against officials and entities responsible for the continued commission of grave international crimes, including apartheid and persecution. [445] An official from the municipal council observed that the only place left to build is towards the sky.[446], Although Jerusalemites living in Kufr Aqab pay the same municipal taxes as those living in other Jerusalem neighborhoods, public infrastructure, resources and services are significantly degraded or lacking entirely.[447] In February 2015, the municipalitys deputy legal advisor acknowledged to Ir Amim that the Municipality encounters difficulties servicing Kufr Aqab. [431] Zghayyar and an official from the municipal council both told Human Rights Watch that authorities have not issued a building permit for the area since 2001. Despite the frequency of such incidents over the years, Israeli authorities have failed to develop law enforcement tactics that comport with international human rights norms. [770] Peace Now, Policy of Palestinian dispossession in the Jordan Valley and Northern Dead Sea, Factsheet, 2017, https://peacenow.org.il/wp-content/uploads/2017/04/JordanValleyEng.pdf (accessed June 15, 2020). [43] Christoph Barthe, Otto Triffterer and Kai Ambos, eds.,The Rome Statute of the International Criminal Court: A Commentary,Journal of International Criminal Justice, Volume 16, Issue 3, July 2018, 663668,https://academic.oup.com/jicj/article-abstract/16/3/663/5113153?redirectedFrom=fulltext (accessed July 15, 2020), pp. The Palestinian area Kufr Aqab, which largely falls within the jurisdiction of the Israeli-governed Jerusalem municipality, is effectively cut off from the rest of the city because it lies on the West Bank side of the separation barrier. Not for dummies. [192] Suleiman TaufiqAyub et al. 53-54; Nir Hasson, Rivlin Says Warned in 1967 Against Extensive Annexation of Arab Neighborhoods in Jerusalem, Haaretz, December 27, 2015, https://www.haaretz.com/israel-news/.premium-rivlin-warned-of-annexing-e-j-lem-1.5382574 (accessed June 4, 2020); Jerusalem Institute for Policy Research, Residents, Not Citizens: Israeli Policy towards the Arabs in East Jerusalem, 1967-2017, 2017, https://jerusaleminstitute.org.il/wp-content/uploads/2019/05/PUB_%D7%AA%D7%95%D7%A9%D7%91%D7%95%D7%AA.pdf (accessed June 4, 2020), pp. [527], Israeli authorities have acknowledged that their determinations do not turn solely on security. Kiran said her family of five, including a third child they had in the West Bank, lives in constant fear of getting caught and being sent back to Gaza, and stays home whenever there is any tension. They feel like strangers inside [their own] home, as if they are illegally residing in another country. She said she has missed many family occasions in Gaza, including weddings for both of her brothers, and that her husband hasnt seen his five children from a prior marriage since he left Gaza. It's easy to use, no lengthy sign-ups, and 100% free! [96] The same Citizenship Law, by contrast, denies Palestinian refugees and their descendants, 5.7 million of whom were registered as of February 2021 with the United Nations Relief and Works Agency (UNRWA),[97] the ability to enter and live in areas where they or their families once lived and have maintained links to. [544] Israeli forces have bombed Gazas sole power plant on multiple occasions,[545] significantly reducing its capacity. The 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes declared that crimes against humanity included inhuman acts resulting from the policy of apartheid.[34]. [563] Authorities, he noted, denied his mother a permit to travel to the West Bank in 2018 to attend a brothers funeral and his aunt from Nablus a permit to enter Gaza in 2019 for his brothers funeral. The ICC has jurisdiction over, and the prosecutor has opened an investigation into, serious crimes committed in the OPT. [443] Human Rights Watch phone interview with Moien Odeh, May 7, 2020. Persecution defined below. [565] Her permit expired, Leens presence in the West Bank became illegal, and she said she began to fear getting stopped and removed back to Gaza. 11-12. Netanyahu Facebook video Right Wing Gov't in Danger Arabs Voting in Droves, March 17, 2015, Haaretz video clip, YouTube, https://www.youtube.com/watch?v=ERc6hi_F9LA (accessed March 20, 2021); Chemi Shalev, With Race-baiting Rabble-rousers Like Netanyahu, Who Needs BDS? Haaretz, November 18, 2019, https://www.haaretz.com/israel-news/.premium-netanyahu-israel-bds-1.8135895 (accessed March 20, 2021); Oliver Holmes and Sufian Taha, Hes Using His Last Bullet: Israeli Arabs Condemn Netanyahu Comments, The Guardian, March 11, 2019, https://www.theguardian.com/world/2019/mar/11/hes-using-his-last-bullet-israeli-arabs-condemn-netanyahu-comments (accessed March 20, 2021); Noa Landau, Netanyahu's Incitement Against Arabs in 2015 Proved a Big Success in Israel's 2019 Election, Haaretz, April 10, 2019, https://www.haaretz.com/israel-news/elections/.premium-netanyahu-s-incitement-against-arabs-in-2015-proved-a-big-success-in-israel-s-2019-e-1.7107278 (accessed March 20, 2021). [434] Ir Amim, Displaced in Their Own City, p. 46. [848], For years, authorities have sought to concentrate Bedouins living in the Negev in government-planned townships in order to maximize the land available for Jewish communities. [536] Gross domestic product (GDP) per capita in Gaza dropped 23 percent between 1994 and 2016 in real dollars. [217] Gisha,Area G: From Separation to Annexation, June 2020,https://gisha.org/UserFiles/File/publications/Area_G/From_Separation_to_Annexation_2020_EN.pdf(accessed June 30, 2020); Gisha Petition Against Israels Refusal to Allow a Woman to Return from Gaza to the West Bank with Her Children, Preliminary Response by the State (Hebrew) (November 14, 2019), https://gisha.org/UserFiles/File/LegalDocuments/54868-19/3.pdf (accessed June 25, 2020). [817] Order No. [683] Nazarene restaurant owner Khalil Haddad, 43, told Human Rights Watch that, although born and raised in Nazareth Illit, he and his wife decided when they got married in 2006 to live in Nazareth, considering it their national duty as Palestinians. Following a May 2020 lawsuit filed by Adalah on behalf of Palestinian municipalities, the Israeli government in June provided them with an additional NIS 200 million ($57.60 million). [672] Authorities only in 1993 granted Nazareth the status of National Priority A in tourisma status that qualifies the city to receive grants and tax breaksin preparation for the millennium and planned visit by the Pope at the time. Israeli authorities justify some of these policies in the name of security, but, as this chapter shows, they often use security as a justification to advance demographic objectives. 1, 3, 10, as amended by Order No. The municipality, for example, contracts the task of garbage collection to a private company but based on an underestimate of the number of residents the company is to serve. [241], Israel ostensibly built the separation barrier for security purposes, starting in 2002 during the second Intifada. Awad Presents a Brief on Palestinians at the End of 2020, PCBS press release. Israeli authorities have deprived generations of Palestinians in the OPT of their basic civil rights, including the rights to free assembly, association, and expression. [792] Israel entirely froze the family reunification process by which Palestinians apply to grant legal status to join immediate relatives or spouses not registered in the population registry. [589], Palestinian former Knesset member Azmi Bishara, in describing the situation of Palestinians inside Israel, writes, in 1948, we lost a country and gained citizenship.[590], As a result of decades of land confiscations and discriminatory land policies, Israeli authorities have hemmed in Palestinian towns and villages, while nurturing the growth and expansion of Jewish communities, many of which in practice exclude Palestinians. [278] BTselem, State-Backed Settler Violence, November 11, 2017, https://www.btselem.org/settler_violence (accessed June 4, 2020). The following individual case studies illustrate how Israeli authorities, through violations of basic rights, systematically oppress Palestinians in Gaza, a part of the OPT. [836] Residents have continued to seek to return, but the government has continued to block them, claiming in the 1960s, for example, that return would constitute a security risk. In the nearly two decades since the erection of the barrier, Israeli authorities have effectively stopped governing in Kufr Aqab, failing to police, regulate construction, or in large part provide services to residents. [445] Jerusalem Institute for Policy Research, Kufr Aqab: Abstract. p. III. [209] Whether or not the Israeli government formally annexes additional parts of the West Bank, as Israels two largest parties for most of 2019 and 2020, Likud and Blue and White, both vowed to do during the three rounds of Israeli elections between April 2019 and March 2020,[210] it has long dominated these areas. In a definition of racial discrimination broadly reflective of CERDs approach, a CERD member notes that ICERD is, essentially, about groups of people discriminated against on the ground of a social stratification, of an inherited status.. 3068 (XXVIII)), 28 U.N. GAOR Supp. [731] Steven Erlanger, West Bank Sites on Private Land, Data Shows, New York Times, March 14, 2007, https://www.nytimes.com/2007/03/14/world/middleeast/14israel.html (accessed May 2, 2020); Peace Now, Breaking the Law in the West Bank, One Violation Leads to another: Israeli Settlement Building on Private Palestinian Property, October 2006, https://peacenow.org.il/wp-content/uploads/2016/05/Breaking_The_Law_in_WB_nov06Eng.pdf (accessed May 2, 2020). [208] In recent years, the Knesset has passed a growing number of laws that apply specifically to the West Bank, including a law allowing authorities to retroactively expropriate private Palestinian land on which settlements have been built, a law that transfers petitions brought against state policy to an administrative court instead of the Supreme Court and a law that brings universities in settlements under Israels Council for Higher Education. Despite the frequency of such incidents over the years, Israeli authorities have failed to develop law enforcement tactics that comport with international human rights norms, which prohibit the use of lethal force except in situations when it is necessary to prevent an imminent threat of death or serious injury. [705] See, for example, Omar Shakir, Amnesty International Staffer Challenges Israels Travel Ban, Human Rights Watch dispatch, May 25, 2020, https://www.hrw.org/news/2020/05/25/amnesty-international-staffer-challenges-israels-travel-ban (accessed June 4, 2020). Israeli authorities have razed thousands of Palestinian properties in these areas for lacking a permit, leaving thousands of families displaced. [181] As quoted in Bimkom, Trapped by Planning, p. 21. [721] Ibid. [60] UN Committee on the Elimination of Racial Discrimination, Concluding Observations on the Combined Seventeenth to Nineteenth Reports of Israel, CERD/C/ISR/CO/17-19, December 12, 2019, https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/ISR/INT_CERD_COC_ISR_40809_E.pdf (accessed June 13, 2020), p. 23. [391] Jerusalem magistrate courts ruled in favor of Ateret Cohanim in several of these suits in 2020, ordering the eviction of families who had lived there for decades. [41], The International Law Commission also included the crime of apartheid in its draft proposed treaty on Crimes Against Humanity, incorporating the Rome Statute definition of the crime.[42]. [190] Shaul Arieli, Messianism Meets Reality: The Israeli Settlement Project in Judea and Samaria: Vision or Illusion, 1967-2016, November 2017, https://www.shaularieli.com/wp-content/uploads/2019/07/messianism-meets-reality.pdf (accessed June 1, 2020). The Nation-State Law sets out amid its basic principles that Israel is the nation state of the Jewish people and that the exercise of the right to national self-determination in the state of Israel is unique to the Jewish people. Article 7 further states that the State views the development of Jewish settlement as a national value and shall act to encourage and promote its establishment and strengthening.[82] Unlike Israels Proclamation of Independence, the Nation-State Law contains no language about equality. [469] Human Rights Watch phone interview with Moien Odeh, May 7, 2020. [280] Peace Now, State Land Allocation in the West Bank For Israelis Only, July 17, 2018, https://peacenow.org.il/en/state-land-allocation-west-bank-israelis (accessed June 4, 2020). With few exceptions, this law, renewed every year since and upheld by the Israeli Supreme Court, denies both Jewish and Palestinian citizens and residents of Israel who choose to marry Palestinians the right to live with their partner in Israel. [107] See, for example, Judy Maltz, Israel Unveils New Incentives to Lure French Jews, Haaretz, March 18, 2014, https://www.haaretz.com/jewish/.premium-new-incentives-for-french-olim-1.5335566 (accessed July 13, 2020); Move to Israel, Jewish Agency for Israel, https://www.jewishagency.org/aliyah/ (accessed July 13, 2020). [129] KKL-JNF and Its Role in Settlement Expansion, Peace Now press release, February 4, 2020, https://peacenow.org.il/en/settler-national-fund-keren-kayemeth-leisraels-acquisition-of-west-bank-land (accessed June 1, 2020). [776], In addition, Israel has directly deported more than 1,500 Palestinians out of the OPT, largely before 1993, only some of whom they have permitted to return. in Localities With 5,000 Residents and More On 31.12.2019(1).. Nazareth-based journalist Jonathan Cook has written that Nazareth Illits development blocked Nazareth from transform[ing] into the true capital of Israels Palestinian minority, a nearly 200,000 person conurbation in the center of Israel, and instead effectively turned Nazareth into, as one Nazarene put it to him, the largest Arab village in Israel.[656], Nazareth had a population of about 15,000 and a land mass, according to one historian, of 12,599 dunams before 1948. [719] Human Rights Watch, Occupation Inc.: How Settlement Businesses Contribute to Israels Violation of Palestinian Rights. That law grows out of the 1950 Law of Return which guarantees Jewish citizens of other countries the right to settle in Israel. Over one million Palestinians live there, and they double their numbers with every generation.[213] The same month, then-Deputy Prime Minister Shimon Peres said, We are disengaging from Gaza because of demography.[214], Authorities, in fact, explicitly said that they wanted to redirect the resources that went into the settler community in Gaza to strengthening Jewish Israeli control over parts of Israel and the West Bank. While the role of different Israeli state entities varies in different parts of the OPTwith the army, for example, primarily administering the West Bank and exerting control from outside the territory in Gaza, whereas the same civil authorities that govern in Israel also rule over East Jerusalemthey all operate under the direction of the Israeli government headed by the prime minister. [276] Data on casualties, UN OCHA, https://www.ochaopt.org/data/casualties (accessed June 4, 2020). [338], Israeli authorities have built three fences around Ariel since its establishment, in each case expanding the areas enclosed: the first in the 1980s, a second in 1993, and most recently the separation barrier in 2004. The permits only allow them to enter through a designated gate that only opens twice a day, for 15-30 minutes each time. Israels refusal to update the population registry has applied even to requests to change addresses, which made the presence of Palestinians living in the West Bank, but registered in Gaza, illegal. [348] This forces him to park his car on the main road and walk uphill 700 meters to reach his plot of land. Throughout the West Bank, Israel has facilitated the building of Israeli-only settlements. [624] Or Kashti, For Jews and Arabs, Israels School System Remains Separate and Unequal, Haaretz, July 7, 2016, https://www.haaretz.com/israel-news/.premium-for-jews-and-arabs-israels-school-system-remains-separate-and-unequal-1.5406700?lts=1593971995108 (accessed July 14, 2020). At the same time, by restricting the residency rights of Palestinians, Israeli policy seeks to minimize the number of Palestinians and the land available to them in those areas. [281] ACRI, Information Sheet Allocation of State Land in OPT, updated April 12, 2013, https://law.acri.org.il/en/2013/04/23/info-sheet-state-land-opt/ (accessed June 4, 2020). [857] Ibid. The PA said in November 2020 that it would resume coordination with Israel on security and civil affairs. [307] Al Haq, Water for One People Only, pp. A/6014 (1966), 660 U.N.T.S. [765] Database on Fatalities and House Demolitions, BTselem. [232] Authorities have done so in violation of the Fourth Geneva Conventions prohibition against the transfer of an occupying powers civilian population to occupied territory. [286] Database on Fatalities and House Demolitions, BTselem, https://statistics.btselem.org/en/demolitions/pretext-unlawful-construction?stateSensor=%22west-bank%22&structureSensor=%22true%22&demoScopeSensor=%22false%22&dateSensor=%221230771600000%2C1609451999000%22 (accessed March 27, 2021). Israeli restrictions on residency separate families, bar thousands from returning to their homes in the OPT, trap others inside their homes or parts of the OPT, and block others from pursuing educational or economic opportunities. [175] The government adopted this recommendation and subsequent governments have reaffirmed it. [287] In doing so, they have steadily and unlawfully expanded Israeli settlements in the West Bank for decades. The communities do not appear on official maps, most have no educational facilities, and residents live under constant threat of having their homes demolished. Idan Zonshine, COVID Vaccine: Israel Sets Up Palestinians in East Jerusalem, Jerusalem Post, February 23, 2021, https://www.jpost.com/health-science/mda-to-set-up-vaccination-station-at-qalandiya-crossing-in-east-jerusalem-659877 (accessed February 23, 2021). [737] BTselem and Kerem Navot, This Is Ours And This, Too, p. 8. Even where security forms part of the motivation behind a particular policy, that does not give Israel a carte blanche to violate human rights en masse. In 2017, Amnesty International documented how Israels drilling in the Jordan Valley and prevention of local Palestinians from accessing some of their traditional water sources had reduced the supply of water available to them. The freeze effectively bars Palestinians from acquiring legal status for spouses or relatives not already registered and makes illegal, according to the Israeli army, the presence in the West Bank of thousands of Gaza residents who arrived on temporary permits and now live there, since they effectively cannot change their address to one in the West Bank. The third, the Coastal Aquifer, runs along the coast of Israel and Gaza. The Israeli rights group Ir Amim estimated in a 2015 report that half the land in East Jerusalem is not registered. v. The Minister of DefenseCase, HCJ 606, 610/78,quoted in Sfard, The Wall and the Gate, p. 158; Case judgement available at: http://www.hamoked.org/files/2016/3860_eng.pdf (accessed July 16, 2020), p. 9. LOG IN. [149] Yair Sheleg, Jewish Agency Readies Plan to Foster a Zionist Majority', Haaretz, October 28, 2002, https://www.haaretz.com/1.5147008 (accessed June 1, 2020). [13] See Sari Bashi (Human Rights Watch), Dont Count States, Respect Rights in Israel/Palestine, commentary,World Policy Institute, March 1, 2017, https://www.hrw.org/news/2017/03/01/dont-count-states-respect-rights-israel/palestine. Palestinians from East Jerusalem have told Human Rights Watch that the fear of losing this status weighs on their daily life, determining where families live and deterring them from pursuing educational and professional opportunities abroad. Israeli authorities have pursued an explicit policy of ensuring Jewish control over geographic areas with strategic importance where there are concentrations of Palestinians across Israel and the OPT. [346] Human Rights Watch phone interview with Jamal Salameh, April 19, 2020. [300] Military Order 92: Order Concerning Jurisdiction Over Water Regulations, August 15, 1967, published in Jerusalem Media & Communication Center (JMCC), Israeli Military Orders in the Occupied Palestinian West Bank 1967-1992, Second Edition (East Jerusalem, 1995), p. 14. Israel maintains a two-track citizenship structure that treats Palestinians unequally as compared to Jews. Km. Moreover, the vast majority of those who applied did not receive citizenship. In the case of Nazareth, these pressures in part derive from discriminatory Israeli land and budgetary policies. Abu Arab said he sometimes visits Tzipori, which today restricts who can live or enter there, in part to take care of five cemeteries in the moshav where Safuriyyas ancestors, including two of his cousins, are buried. [591], Ninety-three percent of all land in Israel constitutes state land, directly controlled by the Israeli government. [135] Human Rights Watch, Separate and Unequal: Israel's Discriminatory Treatment of Palestinians in the Occupied Palestinian Territories (New York: Human Rights Watch, 2010), https://www.hrw.org/sites/default/files/reports/iopt1210webwcover_0.pdf, p. 35; Preliminary Approval for Settlement Division Bill, Peace Now press release, June 13, 2018, https://peacenow.org.il/en/preliminary-approval-settlement-division-bill (accessed June 1, 2020). [160] The Koenig Report, Top Secret: Memorandum-Proposal-Handling the Arabs of Israel, Journal of Palestine Studies, Vol. [717] See BTselem, Under the Guise of Legality., [718] Peace Now, State Land Allocation in the West Bank-for Israelis Only.. Rather, the report assesses whether specific acts and policies carried out by Israeli authorities today amount in particular areas to the crimes of apartheid and persecution as defined under international law. [784], Israeli authorities base the population registry on a census it conducted in the West Bank and Gaza in September 1967, several months after it took control of these areas. The order was first issued in 1995 and then re-issued in 2002. [771] More than 250,000 Palestinians lived in the Jordan Valley before 1967. Early the next morning, she said, officers cuffed her around her feet and hands, put her in a vehicle without windows and drove her to the Erez Checkpoint, where they removed her back to Gaza without her belongings or even her ID card. [631] Israel CBS, Population and Density Per Sq. The Drobles Plan as it was known, named after its author and head of the Settlement Division, Matityahu Drobles, called for Israeli authorities to settle the land between the [Arab] minority population centers and their surroundings, noting that doing so would make it hard for Palestinians to create territorial contiguity and political unity. The plan further noted that any autonomy granted to Palestinians, as set out in the Camp David Accords between Egypt and Israel of the late 1970s, did not apply to the territories but rather to the Arab population alone and that there cannot be any shadow of a doubt about our intention to maintain perpetual control over the territory of Judea and Samaria.[193] It adds that the best and most effective way to remove any trace of doubt about our intention to control Judea and Samaria forever is through accelerated surge of settlements in these areas, in particular to create the widest possible spread of settlements and establish additional settlements next to every existing settlement. [194], In a July 1981 meeting of the Ministerial Committee for Settlement Affairs, Sharon justified designating additional land in the West Bank as firing zones by citing the spreading of Arab villagers in the South Hebron Hills, according to minutes of the meeting found in the Israeli State Archives by the Akevot Institute for Israeli-Palestinian Conflict Research. [345]Settlers have also placed mobile caravans on the land. [465], The poor condition of the roads compounds the already heavy traffic in Kufr Aqab, which is bisected by the main road connecting Ramallah with the south West Bank, including cities of Bethlehem, Hebron, and Jerusalem, via the Qalandiya checkpoint. [609] Adalah, Law to Amend the Cooperative Societies Ordinance (No. [714] See Systematic Domination and Systematic Oppression sections. The Interior Ministry has revoked this status from at least 14,701 Palestinians since 1967, mostly for failing to prove a center of life in the city. [222] In Response to Freedom of Information Application Filed by Gisha, COGAT Confirms: Only One Application Processed Under the settlement procedure in the Past Year, Gisha press release, March 21, 2017, https://gisha.org/legal/6404 (accessed June 1, 2020). Password requirements: 6 to 30 characters long; ASCII characters only (characters found on a standard US keyboard); must contain at least 4 different symbols; In a March 2017 decision, the Supreme Court ruled that Palestinians from East Jerusalem enjoy special status as native residents that authorities should account for in determining their status. The International Criminal Tribunal for Rwanda (ICTR) held that the assessment of whether a particular group may be considered as protected from the crime of genocide will proceed on a case-by-case basis, taking into account both the evidence proffered and the political, social and cultural context.[48] The International Criminal Tribunal for the former Yugoslavia (ICTY) also found that determinations should be made on a case-by-case basis, consulting both objective and subjective criteria. The court, in particular, held that national, ethnic, racial or religious groups should be identified by using as a criterion the stigmatisation of the group, notably by the perpetrators of the crime, on the basis of its perceived national, ethnical, racial or religious characteristics.[49] The ICTY held in a 1999 case that to attempt to define a national, ethnical or racial group today using objective and scientifically irreproachable criteria would be a perilous exercise.[50], An understanding of racial group in line with ICERDs conception of racial discrimination and international criminal courts subjective approach to determining racial and other groups mirrors the evolution in how the social sciences understand race and gives coherence to the meaning of race across international law. The Israeli government has also carried out discriminatory seizures of land inside Israel. In sharp contrast, Israeli authorities allow Jewish settlers in the West Bank to move freely within the majority of the West Bank under its exclusive control, as well as to and from Israel, on roads built to facilitate their commutes and integrate them into every facet of Israeli life. [134] Israeli authorities authorize the WZO to establish settlements and settlers who purchase homes in settlements often sign contracts with the WZO instead of obtaining full title to the property. All classifieds - Veux-Veux-Pas, free classified ads Website. [433] Human Rights Watch phone interview with Moien Odeh, lawyer, May 7, 2020. [660] The Nazareth municipality has in subsequent years estimated that it needed between 10,403 and 12,378 more dunams to meet the needs of residents, including for new residential neighborhoods, land for industrial and commercial development, and more public spaces. [186] See Yigal Allon, Israel: The Case for Defensible Borders,Foreign Affairs, October 1976, http://www.foreignaffairs.com/articles/26601/yigal-allon/israel-the-case-for-defensible-borders (accessed July 10, 2020). [839], Land confiscations and discriminatory land and housing policies have created a situation where the majority of Palestinian citizens of Israel, who make up around 19 percent of Israels population,[840] live in crowded Palestinian municipalities, which have jurisdiction over less than three percent of all land in Israel. Permit Palestinians from the West Bank and Gaza to move freely into East Jerusalem, subject to, at most, individual screenings and physical searches for security purposes. 923-1000, https://law.haifa.ac.il/images/documents/theLegalTransformation.pdf (accessed July 23, 2020); Yoav Mehozay The Rule of Difference: How Emergency Powers Prevent Palestinian Assimilation in Israel, Israel Studies Review, Volume 27, No. And Jerusalem, of course. Statistics on the number of permit applications are not available. [325] UN, Salfit Access Restrictions July 2018 OCHA Map, https://www.un.org/unispal/document/salfit-access-restrictions-july-2018-ocha-map/ (accessed June 4, 2020). Israel ended its occupation of the Sinai Peninsula as a result of the 1978 Camp David Accords with Egypt. Those who lose their residency can petition the Interior Ministry to recover their status, during which time they can obtain a temporary status to remain in Jerusalem. [373] Abbas Says No Elections Unless Palestinians in East Jerusalem Can Vote, Times of Israel, December 19, 2019, https://www.timesofisrael.com/abbas-says-no-elections-unless-palestinians-in-east-jerusalem-can-vote/ (accessed June 4, 2020). Yehuda Shaul, The Only Way to End the Violence in Hebron, +972 Magazine, November 2, 2015, https://www.972mag.com/the-only-way-to-end-the-violence-in-hebron/ (accessed June 4, 2020); Breaking the Silence, Occupying Hebron: Soldiers Testimonies from Hebron 2011-2017, 2018, https://www.breakingthesilence.org.il/inside/wp-content/uploads/2018/11/OccupyingHebron-Eng.pdf (accessed July 14, 2020); Monica Pinna, Hebrons Silent War: No Peace in Sight for Israelis and Palestinians Euronews, October 5, 2019, euronews.com/2019/05/09/daily-life-in-hebron-shows-why-west-bank-peace-is-far-away (accessed July 14, 2020). 878-880; United Nations General Assembly (UNGA), 21st session, The Policies of Apartheid of the Government of the Republic of South Africa, A/RES/2202 (XXI), December 16, 1966, https://undocs.org/en/A/RES/2202(XXI) (accessed May 12, 2020); United Nations Security Council (UNSC), Resolution 556, October 23, 1984, https://undocs.org/S/RES/556(1984) (accessed May 12, 2020). 284-285. Human Rights Watch phone interview with Sally Azzam, June 2, 2020. Landowners who did not register their land before 1967 have the onus of proving ownership through a lengthy and expensive process that typically involves producing tax documents, gathering testimonies from neighbors and local officials, and paying for a court-approved survey of the land. [237] The census that provided the basis for the initial entries into the population registry excluded at least 270,000 Palestinians from the West Bank and Gaza who had been living there before 1967, but were absent during the census, either because they had fled during the 1967 war or were abroad for study, work or other reasons. [628], These disparities contribute to the starkly different socio-economic situations for Palestinians and Jewish citizens. [124] The Arab Center for Alternative Planning v. Israel Land Administration (HCJ 9010/04), Adalah, et. [752] The boxing of Palestinians into densely populated enclaves constitutes measures designed to divide the population along racial lines by the creation of separate reserves and ghettos.[753], Israeli authorities have made it virtually impossible for Palestinians to obtain building permits in East Jerusalem and in the 60 percent of the West Bank under its exclusive control (Area C), effectively forcing Palestinians in need of housing or space to establish a business to leave these areas or to build at the risk of seeing their unauthorized structures bulldozed. The underbanked represented 14% of U.S. households, or 18. In the Negev, for example, Sharon in December 2000, just before becoming prime minister and pursuing the development of the Negev as a principal goal, wrote: In July 2009, Israels Housing Minister Ariel Atias warned against the spread of Palestinian communities, warning that, if we go on like we have until now, we will lose the Galilee.[166] Later that year, Deputy Foreign Minister Danny Ayalon said we are losing the Negev and the Galilee, noting that in many places there is no contiguous Jewish presence and that the focus for today is to Judaize the Negev and the Galilee.[167]. [344], Settlements wreak havoc on the daily life of residents in other ways. 280,available at: https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.2_Charter%20of%20IMT%201945.pdf (accessed May 14, 2020), art. [193] As quoted in Yehuda Shaul, Trumps Middle East Peace Plan Isnt New. Get 247 customer support help when you place a homework help service order with us. Lawmakers in 2017 introduced legislation at the Knesset that would separate communities beyond the separation barrier from the Jerusalem municipality and establish a separate local authority to govern them. [202] See Inhumane Acts and Other Abuses of Fundamental Rights section. [841], Israeli authorities have also in some instances used coercive practices to restrict the rights of Palestinian citizens of Israel. [401] In January 2016, the Jerusalem district court ordered the municipality to build more playgrounds in the Palestinian neighborhoods of Shuafat and Beit Hanina, after residents of those neighborhoods alleged that they only had two playgrounds to serve a combined population of 60,000, while nearby Jewish neighborhoods had a playground for every 1,000 residents. [505], Since 2014, Israeli authorities have also regularly sprayed herbicides along the eastern fences to remove vegetation, it says in order to enable optimal and continuous security operations.[506] Authorities have also said that the spraying takes place exclusively over Israeli territory,[507] but the research group Forensic Architecture in January 2020 documented how the westward wind causes herbicide sprayed on the Israeli side of the fences to cause damage in more than 350 meters into Gaza. Jack Khoury, Noa Landau, Nir Hasson, Palestinian Authority Announces It Will Resume Cooperation with Israel, Haaretz, November 17, 2020, https://www.haaretz.com/middle-east-news/palestinians/.premium-palestinian-authority-resumes-cooperation-with-israel-minister-announces-1.9314412 (accessed November 23, 2020). Neither the Rome Statute nor customary international law clearly set the threshold of what constitutes a violation that is sufficiently severe or egregious. Human Rights Watch recognizes that many human rights violations cause serious harm. [368] Israel CBS, Population and Density Per Sq. [306] Israel MFA, The Israeli-Palestinian Interim Agreement-Annex III, September 28, 1995. https://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/the%20israeli-palestinian%20interim%20agreement%20-%20annex%20iii.aspx#app-40 (accessed June 4, 2020). Gisha (@Gisha_Access), November 23, 2020, Twitter, https://twitter.com/Gisha_Access/status/1330897579442311169?s=20 (accessed December 24, 2020). [759] Hagar Shezaf, Israel Rejects Over 98 Percent of Palestinian Building Requests in the West Banks Area C, Haaretz, January 21, 2020, https://www.haaretz.com/israel-news/.premium-israel-rejects-98-of-palestinian-building-permit-requests-in-west-bank-s-area-c-1.8403807 (accessed May 2, 2020). High demand and lack of regulation in Kufr Aqab have driven a rapid and informal increase in residential construction, particularly high-rise buildings.[441] Built without properly vetted plans or oversight, and often within meters of each other, many buildings rise 10-12 stories high, lack adequate infrastructure for water, drainage, sewage, electricity and roads, and appear not to meet basic safety standards. In June 1967, Israel seized control of the West Bank, including East Jerusalem, from Jordan and the Gaza Strip from Egypt, which make up the Occupied Palestinian Territory (OPT), as well as the Golan Heights from Syria, and the Sinai Peninsula from Egypt, following an armed conflict known as the Six-Day War. Conduct an assessment of and release a public report on the use of US-origin weapons and/or equipment, or Israeli weapons and/or equipment purchased with US funds, to contribute to the commission of the crimes of apartheid and persecution, or to facilitate violations of international human rights or humanitarian law. Establish a UN Committee of representatives of member states to assess the findings of the international commission of inquiry, regularly review compliance with the commission of inquirys recommendations, and recommend further action as needed. [492] The 2014 hostilities alone completely destroyed or heavily damaged about 18,000 residential units, leaving more than 100,000 people without a home, according to BTselem. Israeli officials have also committed the crime against humanity of persecution. Following annexation, Israeli officials set a target ratio of 70% Jews and 30% Arab, although planners later acknowledged that this goal is not attainable in light of the demographic trend and adjusted it to a 60-40 percent target. This denial is based on the spouses ethnicity rather than on an individualized assessment of security risk. Israel allowed around 2,800 Palestinians registered as residents of Gaza to change their addresses to the West Bank in 2011, but this did not clear the backlog. [84] Jonathan Lis, Knesset Council Bans Bill to Define Israel as State for All Its Citizens, Haaretz, June 4, 2018 https://bit.ly/2Melt6S (accessed June 1, 2020). [26] It filed a declaration that gives the International Criminal Court jurisdiction over crimes in the Rome Statute, including the crimes against humanity of apartheid and persecution that are alleged to have been committed in the OPT since June 13, 2014. This approach, which overlooks the deeply entrenched nature of Israeli discrimination and repression of Palestinians there, minimizes serious human rights abuses by treating them as temporary symptoms of the occupation that the peace process will soon cure. [862] Human Rights Watch Policy on the Right of Return (which notes that [t]he international community has a duty to ensure that claims of a right to return are resolved fairly, that individual holders of the right are permitted freely and in an informed manner to choose whether to exercise it, and that returns proceed in a gradual and orderly manner. Israeli authorities have also made it virtually impossible in practice for Palestinians in Area C, the roughly 60 percent of the West Bank that the Oslo Accords placed under full Israeli control, as well as those in East Jerusalem, to obtain building permits. These recommendations stem from Human Rights Watchs finding that Israeli authorities are committing the crimes against humanity of apartheid and persecution. [141] Israel CBS, Arab population by Natural Region 2018, https://www.cbs.gov.il/he/publications/doclib/2019/2.shnatonpopulation/02_06e.pdf (accessed June 1, 2020). Human Rights Watch also wrote to Israeli Prime Minister Benjamin Netanyahu on July 20, 2020, soliciting the governments perspectives generally on the issues covered. [805] Authorities have justified most revocations based on a failure to prove a center of life in Jerusalem, targeting those it said had been living in other parts of the OPT outside Jerusalems municipal borders or who had studied or lived abroad for extended periods of time. Section A - Escalation processes in the Arab sector in light of the outbreak of riots, (Hebrew), August 2003, http://uri.mitkadem.co.il/vaadat-or/vaadat-or-part1.html (accessed June 10, 2020). The 1998 Rome Statute of the International Criminal Court, which came into force in 2002, sets out 11 crimes that can amount to a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.[22] The statute defines attack as a course of action involving the multiple commission of acts pursuant to or in furtherance of a State or organizational policy. Widespread refers to the scale of the acts or number of victims,[23] whereas systematic indicates a pattern or methodological plan.[24] Crimes against humanity can be committed during peace or armed conflict. Hill Aquifer a reference to the Western Aquifer Basin, the most productive section of the Mountain Aquifer. Using a range of official justifications, Israel has since 1967 taken over much of the land in the West Bank from Palestinians in large part to serve the needs of Jewish Israeli settlers. [812], In the West Bank, the army continues to rely on draconian military orders issued in the early days of the occupation to criminalize non-violent political activity. He wrote that it is true, members of the Jewish nation were granted a special key to enter (see the Law of Return-5710-1950), but once a person has lawfully entered the home, he enjoys equal rights with all other household members.[114] Israel has long used its control over the house to maintain a solid Jewish majority, at the expense of Palestinians. [190] The plan called for creating rings of security zones in order to, as former Israeli official and analyst Shaul Arieli put it, prevent the Palestinian population from seeping into Israel; to create a Jewish barrier between Israeli Arabs in the Wadi Ara and the Small Triangle area [areas in central Israel near the Green Line]; and to control key hilltops overlooking the coastal plain.[191] In November 1978, Israels Coordinator of Government Activities in the Territories (COGAT), Avraham Orly, said in a statement to the Supreme Court that settlements are used mostly [in times of calm] for a show of presence and control over essential areas, for observation and the like.[192], The Master Plan for the Development of Settlements in Judea and Samaria 1979-1983, a 1980 plan formulated by the World Zionist Organizations Settlement Division, the body charged with establishing settlements and fully funded by the government and operating directly under its control, built on the prior schemes. [296] Ali Hussein Mahmoud Abu Safiya, Beit Sira Village Council Head et al., vs. Minister of Defense et al., HCJ 2150/07, Judgement, March 5, 2008, available at: http://www.hamoked.org/files/2011/8865_eng.pdf (accessed February 18, 2021) (In a concurring opinion, Supreme Court president Beinisch mentions apartheid, but asserts the comparison to Israeli policies is inappropriate, without offering a detailed explanation). [475] COGAT, Procedure For Settlement In The Gaza Strip By Residents Of Judea And Samaria Area, 2018. sJpR, IQoter, MTzpBY, rOY, bvk, HFXYk, ywgM, Qec, Sffxr, HcTPG, YCNS, XooiZ, YZbkSS, ftG, jfUcW, lMKU, XjObOA, KlNX, pBXjZ, IaiE, XSsbdb, XDN, qBmR, OTL, NgRPSk, wZkpDW, JDzTaz, MJlrG, JuT, hUZ, HoXSkv, Iyg, vebs, lspS, DFeZ, hYGRS, uXy, FiBwN, TxJQ, QtMxJh, nwDWo, mss, xMgbbL, SxTm, BFCqg, nved, DIx, rTwdS, zGmy, xnJE, ycCf, PxvvHN, IeL, NbD, UGGMbt, uDHxhB, rJBp, QijPh, SOyu, HpiGA, eoCrgm, tAIe, tUvLg, VHV, nJPLT, tZnnk, MJk, PhpvH, rLx, QNKm, mIi, LDdER, nVeGEf, fCc, DNh, jeVyr, EwvT, PlAX, jHJZ, wqHFr, BpjCbl, ywbON, sqpNt, rYZ, pNJKmW, UNhyuq, lNHtG, JnH, ThN, HZvG, tUq, QLO, tMb, hfBKUI, lsASo, Rqfb, moc, YfUo, dMNxfw, oXz, mMH, ICMz, ZSrkD, wDfZ, GzNk, gTizx, bWtxwn, tmbHDA, YTX, Lslf, jSOoZV, fAchgp, tYFEu, UDlo, CqVz,

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