Hebron's City Center is a case study example. It was once a
thriving commercial and residential area. Today it's a "Ghost Town"
because Israel destroyed its fabric of life through a state-imposed
policy of land seizures, extended curfews, harsh restrictions on free
movement and unaddressed violence. Combined, they terrorize
Palestinians and prohibit them from driving or even walking on the
area's main streets. That, in turn, makes life impossible for them. The
consequences have been devastating with peoples' lives uprooted. The
material below reviews the evidence B'Tselem and ACRI revealed in their
study. Consider the consequences.
Since the territories were
occupied in 1967, Israel expelled tens of thousands of Palestinians
throughout the OPT. In Hebron alone, thousands of residents and
merchants were removed or had no other option than to leave the City
Center because of Israel's "principle of separation" policy.
Hebron
is important as the West Bank's second largest city, the largest in the
territory's South, and the only Palestinian city with an Israeli
settlement in its center. It's concentrated in and around the Old City
that once was the entire southern West Bank's commercial center. No
longer.
For many years, Israel severely oppressed Palestinians
in Hebron's center. It partitioned the city into northern and southern
parts and created a long strip of land for Jewish vehicles only. In
addition, in areas open to Palestinians, they're subjected to "repeated
detention and humiliating inspections" any time, for any reason, and it
got worse after the 1994 Baruch Goldstein massacre of Muslim worshipers
in the Tomb of the Patriarchs. Israel's military commander ordered many
Palestinian-owned shops closed that were the livelihood for thousands
of people. In addition, he condoned frequent settler violence as a way
to remove Palestinians from their own land. It worked.
A
combination of restrictions, prohibitions and deliberate harassment
devastated Hebron's residents. They lost their homes, land, businesses
and freedom. B'Tselem-ACRI document it in detail in the Old City and
Casbah areas where most Israeli settlements are located and where
Palestinians the face harshest conditions and restrictions on their
movements. As a result, they were removed or had to leave, and what was
once "the vibrant heart of Hebron (is now) a ghost town."
A
senior Israeli defense official explained the scheme that's pretty
common knowledge today. He called it "a permanent process of
dispossessing Arabs to increase Jewish territory." Distinguished
Israeli historian, Ilan Pappe, calls it state-sponsored ethnic
cleansing that's been ongoing since Israel's 1948 creation.
B'Tselem-ACRI document the practice in Hebron's once viable City Center.
Israeli Settlements in Hebron
They
began on Passover Eve, 1968 when a group of Israeli civilians rented a
Hebron hotel room for two days and wouldn't leave. Cabinet ministers
supported them, and the Israeli Defense Forces (IDF) gave them weapons
and trained them in their use. Six months later, the Hebron and Gush
Etzion Ministerial Committee officially approved establishing a Jewish
neighborhood in the city, and it was all downhill from there.
In
March 1970, the Knesset established the Qiryat settlement that in a few
years had hundreds of Jewish-only housing units. The big settlement
push came 10 years later in 1980 when the government built a yeshiva
(Orthodox school) structure in the City Center by adding a floor to the
Beit Hadassah settlement for the purpose. More activity came in 1984
when Jewish families established a settlement in the Palestinian Tel
Rumeida neighborhood. From then on, others grew to where a few hundred
Jews now live in a number of Old City locations, mainly in or around
what used to be the city's commercial area.
After Baruch
Goldstein massacred 29 Palestinians and wounded over a hundred others
in 1994, Israel adopted an official separation policy in the area.
First, it was around the Tomb of the Patriarchs and later elsewhere in
the City Center. In the 1995 interim agreement both sides signed, the
parties agreed to leave the city under IDF control. Then in 1997, the
Protocol Concerning the Redeployment in Hebron was signed. It divided
the city in two:
H-1 is comprised of 18 square kilometers
and controlled by the Palestinian Authority (PA); it's where most city
residents (about 115,000) live; and
H-2 has 4.3 square
kilometers with around 35,000 Palestinians who are controlled by the
IDF with the PA only having civil powers over them. H-2 includes the
Old City, the commercial center and all Israeli settlement points.
The
division notwithstanding, Article 9 of the Hebron redeployment
agreement commits both sides "to the unity of the city" and the smooth
movement of its residents. It never worked well, but after the second
intifada erupted in September, 2000 everything changed for the worst.
Henceforth, the IDF expanded limited separation to the entire area
containing Israeli settlements. This entailed unprecedented
restrictions on Palestinian movement that included a continuous curfew
and closure of main streets to residents.
It also led to a
sharp rise in violence on both sides, but mostly against Palestinians,
the majority of whom are innocent victims. At the same time, the
distinction between H-1 and H-2 blurred, and the commitment to free
movement and unity of the city was abandoned. In April, 2002 during
Operation Defensive Shield, the IDF invaded and took positions in H-1.
The PA relinquished control, and it led to the loss of Hebron's City
Center commercial, cultural and social areas with the city becoming a
ghost town.
Palestinian Abandonment of the City Center
Hebron's
City Center once thrived as a commercial hub serving city residents and
merchants as well as the entire southern West Bank. Now it's gone, most
shops have closed, and Palestinian businesses have moved elsewhere or
no longer exist.
In preparing their report, B'Tselem-ACRI
surveyed over 1000 structures in areas in or next to where settlements
are situated as well as others adjacent to roads for exclusive settler
and Israeli security forces use. Most structures are in H-2, and the
survey covered the following:
structures in the Casbah;
the area near the Tomb of the Patriarchs;
the Tel Rumeida neighborhood;
around the Avraham Avinu, Beit Romano and Tel Rumeida points;
along (the main) a-Shuhada Street;
on the lower part of the Abu Sneineh neighborhood near a-Sahia compound;
along settler-only roads in and out of the City Center and Qiryat Arba settlement;
around the Givat Haavot settlement; and
between and adjacent to Qiryat Arba and Givat Haharsina in the North.
Two
small H-1 areas are also included: the southeast Baba-Zawiya
neighborhood and the Qarnatini Road, adjacent to the Avraham Avinu
settlement. Data was collected door-to-door to document all residential
dwellings to determine if they were occupied or abandoned. The same
procedure was followed for all business establishments, and the results
were shocking, but no surprise.
At least 1014 Palestinian
housing units (41.9% of the total in the area) were vacated by their
occupants. Another 659 apartments (65% of the total) were as well
during the second intifada. In addition, 1829 Palestinian businesses
(76.6% of them all) were lost. Of the total, 1141 (62.4% of the total)
closed after the year 2000, 440 or more by military order.
B'Tselem-ACRI believe Palestinian apartment abandonments were even
higher than reported because neighborhoods near settlements collapsed
and housing and living costs declined dramatically there. Poor families
took advantage. Unable to afford more costly housing, they left distant
parts of Hebron for Old City neighborhoods where they occupied vacated
houses.
B'Tselem-ACRI documented areas hit, and one was the
a-Shuhada Street area, the heart of the City Center that was closed in
part to Palestinian traffic and commerce after the 1994 massacre. After
it happened, 304 shops and warehouses closed, 218 or more by military
edict, and not a single shop is now open for business. In addition, the
IDF seized a bus station for use as an army base, and non-commercial
activities were affected as well. Important services moved or ceased to
function including the Ministry of Supply, Information, the Waqf, the
Farmers and Women's Association, and other formerly functioning area
operations. Medical centers also closed, and Palestinians paid dearly
with more to follow.
Restrictions on Palestinian Movement and Business Closings
After
the 1994 massacre, Israel imposed a curfew on Hebron residents,
restricted their movements, but conditions became far worse after
September, 2000. At first, the curfew applied to all of H-2 and on
certain neighborhoods in its center with Palestinians unable to leave
their homes for three months except for a few hours a week to buy food
and other basics. At times, H-1 was also affected but never Hebron
settlers.
In the intifada's first three years, H-2 residents
were under curfew restrictions for over 377 days, including a 182 day
non-stop period with spotty breaks to restock essentials. In addition,
on more than 500 days, H-2 was under curfews that lasted from a few
hours to entire days. Along with other restrictions covered below, they
made life unbearable, and that was the whole idea behind them. Israelis
claimed that harsh measures were to let Jewish settlers conduct their
daily lives securely. In fact, they were collective punishment by being
randomly imposed or for reasons unrelated to security.
The
affects were devastating job loss, poor nutrition, rising poverty,
growing family tensions from prolonged confinement, severe harm to
education, welfare and health systems, and a mass exodus away from
areas near settlements resulting in lost homes and businesses.
One
hardship was crucial for City Center residents needing medical
treatment. They couldn't get it because it wasn't accessible under
curfew. As a result, medical clinics and centers closed and residents
couldn't travel to where they were open. Most affected were the sick,
pregnant women, the elderly and anyone needing emergency care. They
were stuck and at times gravely harmed.
Even under dire need,
anyone outside their homes during curfew for any reason risked being
shot as the IDF had a policy to fire on them with impunity. The
Association for Civil Rights petitioned the High Court of Justice to
end curfews in January, 2003 claiming the practice was illegal and
caused severe harm when in place for long periods. The court rejected
the plea on July 9, 2003 but agreed the measure is drastic and that
military commanders should consider that before imposing them. That
happened in 2004 when the IDF ended the practice for long periods, but
by then the damage was done. Many Palestinians were gone so they were
unnecessary. In 2004 and 2005, H-2 and H-1 were under curfew
restrictions for only a few days at a time, and by 2006 they no longer
were used on a regular basis.
In 1994 and after September, 2000,
a large network of 101 staffed checkpoints and physical barriers
enforced movement restrictions in H-2. They prevent H-1 located
Palestinians from entering H-2 by car and restrict them by foot. Even
to reach their homes, residents on the other side of a checkpoint have
to register with the IDF. Still, movement can entail long delays, and
at times they're kept out anyway.
Emergency and rescue services
are also hampered as ambulances can't enter H-2 unless arrangements are
made in advance with Israeli authorities. When needs arise, there isn't
enough time so persons, if able, must go by foot to where vehicles are
allowed. Hebron Municipality vehicles also are prohibited from the City
Center without prior approval so quick repairs of electricity,
telephone, water and sewage problems are impossible, and families at
times are without essential services for days as a consequence. The
same problem affects schools as well, and three of them on a-Shuhada
Street lost a large percent of students because movement restrictions,
checkpoints and other harassments deter them.
For most of the
intifada, restrictions were made verbally, not by official orders, and
often were unrelated to security. It wasn't until late 2005 that the
military commander issued formal orders for "protective spaces"
following a petition to the High Court of Justice. But it hardly
matters as the IDF maintains strict restrictions in the City Center,
even if not covered by official orders, and admits the practice exceeds
its authority. Residents whose rights are infringed are helpless to
object or gain relief.
It's because settlers have power, and a
senior army officer admitted "military commanders are a tool in (their)
hands." After the intifida began, Hebron settlement heads gave IDF
their demands that included closing streets to Palestinian pedestrian
and vehicular traffic. The military complied "to Judaize" the center of
Hebron and make it "free of Arabs."
Restrictions imposed also
prevent residents from returning to homes they left, and High Court
petitions for redress were denied because Israel contends security
requires separation. It means Palestinian free movement is impaired and
peoples' lives destroyed to satisfy outrageous settler demands.
Palestinian
commerce in the City Center was also affected. The Casbah area once
thrived as one of the West Bank's most important business districts.
Now, most shops are closed in some cases by IDF directive but overall
because free movement was banned, customers can't access the area, and
business owners lost their livelihoods as a result. They simply closed
up and left and in some cases were prevented from taking their
merchandise with them. They lost everything.
The entire Old City
was affected with a total of 1829 (76.6% of the total surveyed)
Palestinian businesses shuttered. Since September, 2000 (the onset of
the second intifada), 1141 closed (62.4% of the above total), 440 by
IDF edict. Shop owners trying to recoup and reopen their shops couldn't
because free movement restrictions were too harsh and unprecendented.
Things
then got even worse and remain so. The IDF protects Israeli settlers
who freely attack Palestinians with impunity. Offenses include physical
assaults and beatings (at times with clubs), stone throwing, and
hurling of refuse, sand, water, chlorine, and empty bottles. Settlers
also loot Palestinian shops and commit acts of vandalism against them
and other owner property. Killings also occur as well as attempts to
run over people with vehicles, fruit trees chopped down, water wells
poisoned, home break-ins, and hot liquids poured on Palestinian faces.
IDF forces are positioned everywhere in the area. They witness settler
acts and do nothing to stop them.
Soldiers also commit violence
and use excessive force as do police. In addition, they engage in
arbitrary house searches at all hours of the day and night, house
seizures, harassment, and random detentions and humiliating searches
and treatment overall. These actions violate international and Israeli
administrative and constitutional law. They persist nonetheless. More
on this below.
B'Tselem-ACRI's study reviewed major events since the 1994 Tomb of the Patriarchs massacre:
after it happened in 1994, the main City Center a-Shuhada Street was
closed to Palestinian vehicles from Gross Square to the Beit Hadassah
settlement; Palestinian shops were forbidden to open;
after the 1997 Hebron Protocol, a-Shuhada Street reopened to Palestinian vehicles but shops remain closed;
in 1998, a-Shuhada Street again was closed to Palestinian vehicles;
after September, 2000, a continuous three month curfew was imposed on
Palestinian residents; a-Shuhada Street was closed and roads to
settlement points were as well to Palestinian vehicles;
in
2001, a-Shuhada Street was again closed to Palestinian pedestrians with
rare exceptions; other Old City areas were also closed to Palestinian
movement; settlers destroyed an improvised market, and the army
prohibited it from reopening; over 100 a-Shuhada Street shops closed;
nine Israeli families squatted in the closed wholesale market with no
IDF effort to remove them;
in 2002, under Operation Defensive
Shield and Operation Determined Path, a near-continuous 240 day curfew
was imposed and other City Center areas were closed to Palestinian
vehicles and pedestrian traffic; checkpoints and physical obstructions
were established to harass and prevent free movement;
in 2003, Shalala compound shop operating prohibitions were cancelled except for ones near the Beit Hadassah settlement;
in 2004, part of a-Sahla Street was reopened to Palestinian pedestrians;
in 2006, nine squatter Israeli families left the closed wholesale
market; a few months later they returned; no IDF attempt was made to
remove them; and
in 2007, the western section on the Shalala H-2 compound was opened to Palestinian vehicles.
These
harsh measures took their toll on residents with unemployment and
poverty rising sharply. In 2002, the International Committee of the Red
Cross reacted with a food distribution program for 2000 households that
increased to 2500 families in 2004. In 2005, the Palestinian National
Economic Ministry reported average Palestinian household monthly income
in H-2 at only $150.
The figure is likely lower today, but in
Gaza under siege, it's much lower. Unemployment is around 80%, World
Bank data show 80% of Gazan households live on less than $75 a month,
it's far too little to survive, and prior to the present crisis, 85% of
the Territory's population relied mainly on humanitarian aid to
survive. It may be everyone now with fuel and electricity cut, strict
border closures enforced, conditions becoming desperate, Israel
relenting for a day, and the International Red Cross warning of a
crisis threatening 1.5 million people.
Refraining from Protecting Palestinians and their Property from Violent Settlers
Since
the first settlements were established in Hebron's City Center,
Palestinians have been victimized by countless violent acts that range
from vandalism to killings. Police and the army afford no protection
and instead are part of the scheme to make residents' life so
intolerable they'll voluntarily leave the area. Many have and others
follow.
Oppression continues for those who remain, however, and
Israeli Attorney General, Menachem Mazuz, acknowledges the problem but
does nothing to address it. He recently said "Enforcement of the law
(to protect Palestinians) in the Territories is not only
unsatisfactory, it is poor." Even Prime Minister Ehud Olmert admitted a
reported Tel Rumeida assault was "not the first time" this happened,
and official Israeli entities like the Karp and Shamgar Commissions
sharply criticized Israeli authorities for failing to enforce the law
and protect the rights of OPT residents, especially in Hebron.
Israeli
authorities have known of the problem for years, yet it persists and is
quietly condoned. Ian Christianson, head of the international observer
force in Hebron (TIPH), was quoted saying "settlers go out almost every
night and harm whoever lives near them, break windows and cause
damage...." Many attacks are carried out by minors and for a reason.
Under Israeli law that applies in the OPT, persons under age 12 aren't
held criminally liable. Settlers know this and exploit the loophole by
using their children to throw stones, break walls and commit other
violent acts they can get away with. Violence is commonplace throughout
the Territories in spite of IDF presence, and when children commit it
they're immune from the law affecting adults that exists but isn't
enforced.
High Israeli officials like former Defense Minister
Amir Peretz shamelessly claimed that soldiers can't protect residents
because they don't have enforcement powers. In fact, they're obligated
to enforce the law on everyone, including violent settlers, under
section 78 of the Order Regarding Defense Regulations. It empowers the
army to arrest, without warrant authority, anyone (Palestinian or Jew)
who violates the Order that covers the following acts: assault,
throwing objects and intentionally destroying property.
The
Procedure for Enforcing Law and Order on Israeli Offenders in the West
Bank states: security forces must "take every action necessary to
prevent harm to life, person, or property (and) to detain and arrest
suspects who might flee from the scene." Section 6(3) of the Procedure
states that the IDF must enforce the law until police arrive and take
over.
Unfortunately, the Hebron Police Department has an
appalling record. Instead of enforcing the law, it acts with
"abominable helplessness" to show its contempt for residents while
supporting settlers. It doesn't investigate violent incidents against
Palestinians and ignores them when their officers are on the scene. A
Yesh Din human rights organization study showed that 90% of police
investigations were closed without charges being filed. This lets
settlers break the law and get away with it. The IDF and police support
them by refusing to uphold the law for everyone.
Harm to Palestinians by Soldiers and Police Officers
Soldiers
and police also break the law routinely and often. Throughout occupied
Palestine and in Hebron City Center, every night is Kristallnacht, and
so are days. It makes life for residents intolerable because any time
for any reason they're subject to daily house searches and seizures,
random detainments and humiliating treatment and harassment along with
security force-committed violence that ranges from slapping and kicking
to bloody beatings and killings. They serve no purpose except to harass
and punish, break the law, and persist at all hours of the day and
night.
Beatings severe enough to kill are commonplace in
Hebron, and over the years human rights organizations documented them.
Many incidents take place near settler points where security is intense
and settler demands are paramount. They include:
smashing a victim's head with a blunt instrument or against a wall;
hitting victims with rifle butts and clubs;
kicking them in the head and other parts of the body;
flinging them to the ground;
twisting arms and legs forcefully enough to cause injury;
stone-throwing and more that at times includes willful damage to property.
Consider
the hypocrisy. Israeli authorities condemn these actions, but the
military and police commit them in the same of "security." As a result,
many violent acts aren't investigated, and when they are they're
usually whitewashed. Since the second intifada began, the Military
Police Investigations Unit undertook 427 investigations through early
2007 against soldiers in the West Bank. Of these, only 35 led to
indictments, and since most incidents involved more than one soldier,
over 92% of the time those involved were cleared of any offense.
As
for police-committed violence, 82% of cases submitted to the Department
for the Investigation of Police (DIP) resulted in no indictment
indicating further whitewashing. Military and civilian authorities pay
little attention to Israeli offenses. As a result, security forces get
the message that these acts are allowed so it's no surprise they
continue, and they involve more than violence.
A systematic
pattern of abuse and harassment is part of daily life in the
Territories, and in Hebron's City Center it's intense. Unjustifyably
seizing Palestinian houses occur, and at the time of the study,
security forces held at least 35 residential dwellings. Typically,
here's what happens. Soldiers or police take over a private home for a
security outpost. Its inhabitants are affected, their lives are
disrupted, they're excluded from occupied rooms, and can only use
spaces allotted to them in their own home.
They're also
harassed, routinely searched, threatened and even beaten; soldiers or
police cause damage (sometimes deliberately); they play loud music;
scatter refuse and even urinate where they want. In some cases, the
abuse goes on for years making normal life impossible. Early last year,
this writer saw a chilling documentary on this practice. It showed
soldiers abusing families and how traumatized they were from the
experience.
The pattern of harassment also includes searching
homes and shops, random detentions, and demanding identity cards from
passersby on any pretext. Even when lawful, privacy and dignity are
severely interfered with, and it can happen any time for any reason. In
Hebron, it's routine, especially for Palestinians living near
settlement points. In those areas, nearly every home has been searched
more than once by either the IDF or police at any hour. It's done in
one of three ways:
pinpoint searches because of a concrete suspicion;
extensive searches for mapping purposes; and
routine searches in areas artibrarily chosen to "manifest a presence" or just to harass.
In
Hebron's City Center, delays and harassment are common daily practices
because Israeli settlements are there. Security forces are everywhere,
their patrols are frequent, and dozens of annoying checkpoints and
permanent positions have been set up for control. For Palestinians in
the area or who have to go there, it's nightmarish. They must pass
through checkpoints and army positions, and have to show identity cards
whenever they do. Even so, delays are frequent and can last for hours
at times. Everyone is affected the sick and elderly, anyone on the
street including where they live, shoppers, children going to school
and back home, or anyone else for any reason.
In the US, the
Bill of Rights Third and Fourth Amendments ban these practices. The
Third Amendment states: "No soldier shall, in time of peace be
quartered in any house, without the consent of the owner, nor in time
of war, but in a manner to be prescribed by law." The Fourth Amendment
prohibits unreasonable searches and seizures and specifically says:
"The right of the people to be secure in their persons, houses, papers
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized."
Despite
these protections, the post-9/11 environment scrapped the law and
desecrated the Constitution. It came through congressional legislation
and presidential executive and other decrees that seriously eroded
Fourth and other Bill of Rights freedoms. They're effectively gutted,
so no one in America is secure and may suffer the same abuses
Palestinians now do. It's affected many thousands of people in ways
unimaginable but now happen routinely and repressively.
Israel's Policy in Hebron from the Legal Perspective
Israel
bases its Hebron City Center policy on the "principle of separation"
that seriously violates the rights of all Palestinians affected "in
every aspect of their lives." It contradicts international humanitarian
law, international human rights law, and also Israeli administrative
and constitutional law as they apply to an occupying power. In short,
the policy is unjustified and outrageous, but it persists nonetheless.
International humanitarian law covers two main points for an occupier:
to ensure its legitimate security concerns; and
to guarantee the essential needs of the occupied civilian population
as covered under Article 27 of the Fourth Geneva Convention. It states
these people "shall at all times be humanely treated, and shall be
protected especially against all acts of violence or threats
thereof...." This fundamental obligation relates to peoples' right to
life, liberty, personal safety, freedom of movement and other
sacrosanct human rights.
They're also codified in international
human rights law and Israeli administrative and constitutional law
that's binding on an occupier. These laws require Israel to prohibit
their security forces from infringing on Palestinian rights as occupied
people. They also provide for the right to be heard, the duty to act
reasonably, and to abide by the principle of proportionality that
requires upholding this fundamental rule: administrative body decisions
are only lawful if the means used to enforce them are proportionate.
The following practices are not:
sweeping restrictions on Palestinian movements in Hebron's City Center;
prohibiting Palestinian shops from opening in large sections of the area;
arbitrary searches and seizures of private dwellings as well as quartering security forces in them; and
any infringements on Palestinians' right of property; to earn a
living by any work they choose; to an adequate standard of living; to
adequate housing, medical care, education and other essential services;
to privacy; and to a normal secure family life.
Israeli
authorities consciously and willfully fail to enforce the law on their
security forces and settlers. As a result, Palestinian rights are
ignored and they're subjected to continued harassment and indignities
in violation of international and Israeli law. It makes conditions for
them intolerable, and cumulatively they're illegal and amount to
"cruel, inhuman and degrading treatment."
They exist because of
and at the behest of settlers' presence in the city whose rights and
demands are paramount even when they violate the law. All Israeli
settlements in the OPT are illegal, and consider Article 49 of the
Fourth Geneva Convention. It states: "The Occupying Power shall not
deport or transfer parts of its own civilian population in the
territory it occupies." This applies as well to organizing or
encouraging the transfer of its own population to the occupied
territory that displaces legal residents forced to move.
International
law also renounces colonialism. By encouraging and financing Hebron
City Center and other OPT settlements, Israel violates international
law as well as UN Resolutions 465 and 476 that addressed Israel's
illegal occupation of Palestine and the Syrian Golan Heights. Since the
Security Council passed both resolutions in 1980, Israel flagrantly
violated them and continues to build new settlements in the OPT
wherever it wishes, the actions are illegal, and they displace legal
residents throughout the Territories.
It's no surprise and
nothing new because two nations stand out above all others as serial UN
resolution and international law abusers for the past 50 years Israel
and the US. In the case of Israel, its record is appalling for
flagrantly and willfully ignoring over five dozen UN resolutions
condemning or censuring it for its actions against the Palestinians or
other Arab people, deploring it for committing them, or demanding,
calling on or urging the Jewish state to end them. Israel refuses and
has never been held to account because of its powerful ally in
Washington. All US administrations for the past half century allowed
Israel to be lawless and get away with it.
Israel's High Court
of Justice is equally culpable by ignoring international law and for
its one-sided support of injustice despite occasionally ruling
otherwise. International and Israeli law are clear. Yet the Court
supports illegal settlements, the separation wall (seizing over 10% of
West Bank land) declared illegal by the International Court of Justice
at The Hague, targeted assassinations, the right of settlers to destroy
Palestinian property, and Israel's right to protect settlements
regardless of the cost to Palestinians.
Many Israeli actions
can't be justified on any basis, yet they persist with High Court
support. Israel and the Court are obligated under international law to
treat all persons equally, yet they fail to do so. Consider Article 1
of the International Convention on the Elimination of All Forms of
Racial Discrimination of 1965 that Israel signed in 1966 and ratified
in 1979. It defines "racial discrimination" as: "any distinction,
exclusion, restriction or preference based on race, color, descent, or
national or ethnic origin (that) nullif(ies) or impair(s) the
recognition, enjoyment or exercise (equally) of human rights and
fundamental freedoms in the political, economic, social, cultural or
any other field of public life."
According to the Convention,
Israel governs by a de facto state policy of willful separation and
discrimination. International law prohibits it and calls it "racist."
In Hebron's City Center, it's especially egregious under Article 3 of
the Convention that condemns racial segregation. Yet, it's Israel's
official policy throughout the OPT and in Israel for its Arab citizens.
International
law also bans collective punishment as Article 33 of the Fourth Geneva
Convention states: "No protected person may be punished for an offense
he or she has not personally committed. Collective penalties and
likewise all measure of intimidation or of terrorism are prohibited (as
well as) Reprisals against protected persons and their property...."
Israeli sweeping measures against Palestinians after September, 2000
constitute willful collective punishment and are thus illegal.
So
is forced transfer of an occupied people, by direct or indirect means,
yet Israel's declared policy and its actions displaced many thousands
of OPT residents and thousands alone from Hebron City Center that left
the area a "ghost town." This also violates the Fourth Geneva
Convention under Article 49 that states: "Individual or mass forcible
transfers, as well as deportation of protected persons from occupied
territory to the territory of the Occupying Power or to that of any
other country, occupied or not, are prohibited (for any reason)." This
prohibition applies as well to transfers within an occupied territory
such as driving Hebron City Center residents out of the area in
deference to its settlers.
Articles 146 and 147 go further by
classifying any unlawful protected person transfers a grave Convention
breach and a war crime for which responsible persons bear full
responsibility.
Current Israeli Action to Stop A Medical Clinic's Construction
Not
part of B'Tselem-ACRI's study is an ongoing effort to stop Israel from
demolishing a Beqa'a Valley medical clinic under construction that's a
30 minute walk from Hebron's City Center. It's operated by Palestinian
Relief and CARE International to provide 600 700 mostly women and
children in the area with routine care, prenatal checkups and
vaccinations one day a week.
In late December 2007, Israel's
Civil Administration issued a stop work order on the clinic, residents
complied, and had until January 10 to appeal. The facility is vitally
needed, stop work orders usually precede demolition, and they were also
issued for over 25 rebuilt homes. Unless they're cancelled or stopped,
demolition will proceed as another act of collective punishment against
Palestinians helpless to stop it.
Bush in Palestine
Also,
apart from B'Tselem-ACRI's report, George Bush's Israel and Palestine
visit deserves mention to highlight the plight of Hebron's people and
all Palestinians. It was Bush's first official visit as President as
part of his seven state, nine day Middle East tour that had nothing to
do with peace, a two-state solution, or ending an illegal occupation
and everything to do with betraying the Palestinians and confronting
Iran. On January 9 and 10, Bush visited Jerusalem, Ramallah and
Bethlehem in the West Bank, skipped Gaza and Hebron, and concentrated
on theatrics, photo-ops and reiterated promises one more time to be
broken afterwards.
Palestinians know it, and Haaretz featured
their view on January 10 in an article headlined "Palestinians in
Ramallah brace for visit by 'that criminal' Bush." The anger is so
great that Palestinian security forces dug up concrete looking for
bombs around and beneath a building Bush visited for a meeting. In
addition, Israel deployed 10,000 police and security staff for
protection, booked the entire King David hotel in Jerusalem for his
stay, cancelled tourist bookings to do it, blocked roads around the
hotel causing huge traffic jams, and totally isolated the President
from people he supposedly came to help. It's no mystery why.
The
visit was a follow-up to the Annapolis tragedy and travesty that was a
historic first. It was the first time in memory the legitimate
government of one side was excluded from peace talks, and that act
doomed them. That meeting and this trip represent more pretense than
peace because Palestinian sincerity isn't matched by Israel or
Washington. The Bush administration firmly supports Israel's illegal
settlements, and Israeli Prime Minister Olmert knows it. Ahead of
Bush's arrival, he said "I don't recall another president who
systematically and consistently showed the same level of commitment to
Israel as George W. Bush," and therein lies the problem.
What
can Palestinians hope from this meeting? A critical online cartoon
(Al-Quds newspaper refused to publish) captures their view. It shows
Bush arriving by helicopter, and the copy reads: "what denied entry!!
what wall? what checkpoints? what settlements? MISSION ACCOMPLISHED.
The people of Hebron understand. So do all Palestinians, including the
many dozens killed by IDF incursions post-Annapolis as
Israeli-instigated violence rages in the Territories....in the name of
"peace" Israel and Washington won't allow.
Conclusions
B'Tselem-ACRI
also understand the problem. Their report calls Israel's "constant and
grave harm to Palestinians (in Hebron's City Center) one of the most
extreme manifestations of human rights violations" it commits. By
protecting settlers through a "principle of separation" policy, its
actions are racist and illegal as are severe movement restrictions,
oppressive curfews, security force and settler violent assaults,
arbitrary searches and seizures, quartering troops in homes, mass
population transfers, and unwarranted detentions and delays to
collectively punish and harass.
In Hebron City Center, expulsion
alone is unique in magnitude since the West Bank was occupied in 1967.
Israeli policy there shows a profound disregard for Palestinian rights
and a flagrant violation of international and Israeli laws. In
deference to its settlers, Palestinians suffer, it's intolerable, and
at times it takes lives.
B'Tselem and ACRI insist this must end,
and Palestinian rights must be protected and respected. All Israeli
settlements are illegal in the Territories. International law demands
they be evacuated and regarding the situation in Hebron City Center
alone, B'Tselem and ACRI state "Israel has the legal and moral
obligation to evacuate the Israelis who settled (there), and return
them to Israel." Until this happens, Israel is also obligated to ensure
Palestinian safety so they can live normally with their civil and human
rights respected and protected.
Specfically B'Tselem and ACRI urge Israel to take the following measures:
allow Palestinians free movement in Hebron City Center and remove all checkpoints and physical barriers;
let Palestinians return to their homes;
rejuvenate the City Center as a commercial area the way it was before it was occupied;
assure the IDF and police enforce the law, deter settler violence and
refrain from all acts of individual or collective punishment;
direct investigative authorities to examine and justly act on every security force and settler breach of law; and
assure security forces prevent settlers from seizing additional buildings and areas in the city.
Above
all, state authorities, security forces and settlers must obey the law
and treat occupied Palestinians justly. Israel claims to be a civilized
state. It's about time it acted like one.
Stephen Lendman lives
in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also
visit his blog site at sjlendman.blogspot.com.