Abstract

Violence against women in Palestine at the hands of Israeli occupation forces and settlers is part and parcel of the wider framework of violence against the Palestinian people. Violence by occupation forces takes many different forms, some are evident and clear such as targeted killing and injury, as well as imprisonment. Other forms of violence are less pronounced but equally important as they pertain to the forcible displacement of Palestinians; these include house demolitions, house evictions, revocation of residency, land and property confiscation and imposition of restrictions on the registration of newborns.

While this violence is targeted against the entirety of the Palestinian people, including women, children and the elderly, it has a disproportionate impact on women due to reinforcement of patriarchy, traditional gender roles and stereotypes, as well as the reproduction of the cycle of violence by the stronger social group against the weaker social group, and signifying diminishing acceptance and tolerance to diversity and difference.

Violence against the Palestinian people as a whole has persisted for over fifty years despite the multitude of instruments and mechanisms to protect from violence in times of armed conflict. This includes instruments within the framework of international humanitarian law, international human rights law and international criminal law, as well as the women, peace and security agenda. Notwithstanding the multitude of instruments and mechanisms, their effectiveness remains constricted by a large number of factors including the absence of enforcement mechanisms due to the alleged primacy of state sovereignty, provided that this does not contravene the economic and geopolitical interests of a few select states. Another important factor is that these instruments are not designed to appreciate the impact of protracted occupation, and are instead tailored to armed conflicts that do not give rise to protracted military occupation and that are time-bound even if they persist for a long period of time, such as the wars in Yugoslavia and Rwanda. This paper seeks to highlight forms of Israeli violence against the Palestinian people, describe their disproportionate impact on women, analyse why violence persists against women in times of armed conflict, and identify stakeholders and recommendations to increase protection of women from violence in times of armed conflict.

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The following report illustrates Israeli violations during the Coronavirus pandemic sweeping the world. Since the beginning of the pandemic, Israeli occupation forces continued their violations against the Palestinian people in every part of Palestine and in Jerusalem in particular. They did not halt raids into cities, villages and camps, conducting arrests, confiscating land, closing institutions and targeting official Palestinian figures.

It is clear that the violations Israel perpetrated in Jerusalem stem from a permanent and systematic policy based on two focal points:

First: resistance and rejection of any show of Palestinian national sovereignty in occupied Jerusalem through every means possible, under the pretext of ”breaching Israeli sovereignty”. Israeli authorities also accuse Palestinians of violating the so-called “interim agreement” in reference to the Oslo Accords, which prohibits the PA from holding any activity in the city without an Israeli permit.

Second: the Israelization and Judaization of every aspect of life in Jerusalem through disrupting the demographic balance in order to impose a new reality on the ground.

Throughout the Coronavirus pandemic, Israel escalated these policies and the following measures taken against Jerusalemites.

Arrests:

During this period, arrests were focused on curtailing any efforts in Jerusalem aimed at protecting Palestinian residents from the dangers of the epidemic. Israel considers such efforts a violation of Israeli law, which culminated in the arrest of over 20 activists from various parts of Jerusalem. Some were put under house arrest and prohibited from contacting Palestinian officials in the city. Arrests included Palestinian Minister of Jerusalem Affairs, Fadi Hidmi and Jerusalem Governor Adnan Ghaith. These are two of the most prominent national Palestinian symbols in Jerusalem, which prompted Israel to use an iron fist with them, humiliating and mistreating them during their arrest. Hidmi, for example mistreated during his arrest and later said he had been violently assaulted at the detention facility. The two officials were arrested on charges of being responsible for aid distribution to needy Jerusalemite families.

According to the Wadi Helwa Information Center, throughout March until the date of this report (April 9) a total of 193 arrests were made by Israeli authorities, including four women and 33 minors. A total of 73 arrests were made in the Old City and inside and around the Aqsa Mosque Compound; 57 Palestinians were arrested in Essawiyeh, 35 in Silwan and several others in various parts of the city.

Furthermore, Israeli intelligence services summoned Jerusalem governor Adnan Ghaith, Aqsa Mosque Director Sheikh Omar Kiswani and Deputy Director Sheikh Najeh Bkeirat for questioning. They also summoned and arrested several Fatah members under the pretext of ”violating Israeli sovereignty in Jerusalem” and arrested three Jerusalemite activists at the Allenby Bridge en route to Jordan.

Attorney Mohammed Mahmoud, who is handling the detentions in Israeli courts, says there has been a noticeable escalation in Israeli measures against youth in Jerusalem during the pandemic. “Several preventative measures have been taken in courts since mid-March against the virus. Courts are conducted via Skype where the prisoner is connected by a phone and monitor in a special room in the prisons. There are some prisons that do not have television monitors and the sessions are conducted only by phone. This makes communication difficult between the prisoner and defense team. It is hard to fully explain what is going on in the session to the prisoner. These sessions also lack the confidentiality and immunity between lawyer and client. However, the lawyers try as much as possible to clarify certain rights and points to the prisoner. What more, the glass partition in front of the judge is another impediment in terms of hearing what he is saying,” Mahmoud said.

He also mentioned how difficult these procedures were for the families waiting outside the courtroom since only one person is allowed in and the families are barred from speaking to their imprisoned children. He accused Israeli authorities of taking advantage of the Coronavirus crisis and their preventative measures to further oppress Palestinians, maintaining that several cases of abuse and arrest were recorded for supposedly violating these measures. A number of fines were also imposed, ranging from NIS500-NIS5000.

Confiscation of food packages and relief assistance:

Another aspect of Israel’s policy against Palestinians is focusing on measures against them instead of measures to combat the virus. Israeli authorities have actively pursued Palestinians, including volunteers and institutions which provide relief aid and food packages to poor families. They assaulted many of the volunteers, arrested them and confiscated the aid. In Sur Baher at the end of March, Israeli soldiers assaulted six volunteers, beating them and throwing teargas at them before confiscating a truckload of relief and food assistance.

Prior to this, Israeli forces arrested three teams disinfecting Silwan, Suwwana and the Old City and confiscated the cleaning products being used to disinfect public and vital facilities in these areas. They also arrested four others for distributing and hanging up posters to raise awareness about the coronavirus, barring them entry into the Old City.

Violation and desecration of places of worship This was apparent from the closure of the Aqsa Mosque Compound and barring entry to Muslim worshippers, including its guards and caretakers. At the same time, it assumed a much more relaxed policy with Jews in synagogues. They were able to move freely in their places of residence contrary to the policy imposed against Jerusalemites whose movement was much more limited. What’s more, Palestinians were heavily fined, ranging from NIS500 to NIS5000.

By targeting the Aqsa Mosque, Islamic Waqf officials say Israeli occupation authorities are attempting to interfere and impose Israeli sovereignty under the pretext of preventing the spread of the virus. In this regard, Israeli authorities closed the doors to Al Aqsa with the exception of “Hutta” and “Chain” Gates and kept “Dung Gate” open, the keys to which Israel has held since its occupation of Jerusalem in 1967, and which allows in settlers to the compound.

On March 20, Israeli authorities closed the gates to Al Aqsa and prevented anyone from entering both the mosque and the Old City just before Friday prayers. They claimed this was a preventative measure against the coronavirus. That day, according to Waqf estimates, only 500 Muslim worshippers prayed at the mosque even though Waqf authorities had taken the necessary measures and precautions against the epidemic. They had fully sanitized and disinfected the grounds and mosques and distributed instructions to worshippers before Friday. In addition, there were employees sanitizing worshippers’ hands inside the compound.

Meanwhile, Israeli occupation forces cracked down on worshippers who tried to pray in the streets and allies of the Old City, firing stun grenades, striking them with nightsticks and pushing them away from the Aqsa gates. Similar incidents occurred in other areas of the city, especially Wadi Joz, Musrara, Ras Al Amoud/Silwan and outside of Dung Gate.

Israeli police also issued penalties to worshippers for praying outside of the Aqsa’s gates and to youths as they walked in the city on claims they ”were not abiding by preventative measures.”

Israeli authorities took their policies up a notch when they raided the home of President of the Islamic Waqf Council, Sheikh Abdel Atheem Salham and issued him a penalty of NIS5000 on claims he ”did not abide by police orders and allowed more than the permitted number of people to enter the Aqsa grounds.” They also summoned Aqsa Mosque Director Sheikh Omar Kiswani and Aqsa Mosque Imam Amer Abdeen for questioning.

Furthermore, Israeli forces stormed the Bab Al Rahmeh prayer site and threatened to impose fines on the worshippers for ”not adhering to health ministry instructions”, also threatening worshippers that they would be fined if they gathered in the Aqsa courtyard for prayer.

Israeli authorities continued to issue orders banning Palestinians from entering the Old City and the Aqsa Mosque Compound. Eight Palestinian youths were banned from the Aqsa and seven from the Old City and travel ban orders were issued against four other Jerusalemites.

In order to avoid any further interference into Aqsa affairs by Israeli authorities, the Islamic Waqf , which is the caretaker of the Aqsa Mosque, closed the compound until further notice as a protective measure against the novel coronavirus. The same was applied to the Church of the Holy Sepulcher with only members of the clergy allowed entry.

Isolating the Old City:

Under the pretext of responding to the coronavirus pandemic, Israeli occupation authorities isolated the Old City from its surroundings. Approximately 40,000 Jerusalemites live in the Old City of Jerusalem and were suddenly cut off from the rest of East Jerusalem, whose Palestinian population is around 360,000. Only those who live within the Old City walls were allowed entrance while Jewish settlers living in settlement enclaves inside or outside it were allowed to enter and exit freely. This policy of isolation led to huge losses for shops owned by Jerusalemites many of whom could not reach their stores.

Figures provided by the Jerusalem Center for Social and Economic Rights and the Jerusalem Merchants Committee indicate that this constrictive Israeli policy, which has been implemented for the past three years, has led to the closure of an increasing number of shops in the Old City. Today around 300 shops are shuttered, a number which is likely to grow with this recent isolation.

Expansion and acceleration of settlements

It is clear that Israeli authorities have been exploiting this pandemic to continue settlement projects in Jerusalem and in the rest of the occupied Palestinian territories. This includes approval for the construction of tens of thousands of housing units in the settlement of “Atarot, north of Jerusalem, approval to start construction in the “E1” settlement project in Tur, Zaayem, Essawiyeh and Ezzariyeh where over 10,000 housing units will be built, approval for the construction of hundreds of thousands of settlement units in “Givat Hamatos” south of Jerusalem and the establishment of a new settlement neighborhood in Beit Hanina. Plans have also been put in place to build a wall separating the village of Sheikh Saad from Jabal Mukkaber. Meanwhile, Israeli authorities are floating a plan to push Shufat camp and Kufr Aqab out of Jerusalem’s municipal borders as a means of dealing with the concerning ”demographic problem” in the city.

Impeding the work of health centers

While Israel rushed to stymie coronavirus outbreaks in its own residential and settlement centers in Jerusalem, it assumed a policy of discrimination when it came to Palestinian Jerusalemites. Israeli forces purposely delayed the opening of Covid-19 testing centers in Palestinian areas. Furthermore, the majority of Jerusalemites do not speak Hebrew, the language spoken in the various Israeli health insurance funds, not to mention that over 40,000 Jerusalemites do not have access to Israeli health care services under the pretext that they live outside of the unilaterally-designated Jerusalem municipal borders.

This policy came in tandem with the crisis already felt by the Palestinian health sector in Jerusalem, reflected in the lack of necessary equipment and medical supplies in the six East Jerusalem hospitals, making them incapable of accommodating dozens of potential Covid-19 patients. The current patients have been distributed in nearby hotels for monitoring while hospitals only have 60 beds available, not to mention the lack in medicines and medical staff they suffer from.

Discriminatory measures against the prisoner movement The medical negligence towards Palestinian prisoners during the pandemic is evident by how prison services failed to take the necessary precautionary measures in response to the coronavirus. What’s more, they continued to prohibit anyone from being informed about the conditions of quarantined prisoners in the Megiddo Prison. Israeli prisoner services also banned the entry of over 140 products from the prison commissary, including basic food products such as meat, vegetables, fruit and spices. Cleaning products and disinfectants necessary for prisoners to protect themselves from Covid-19 infection were also banned.

Mistreatment of Palestinian laborers

There have been several testimonies about Israel’s mistreatment of Palestinian workers inside the Green Line, including returning workers to the Palestinian territories after suspecting they contracted Covid-19. Last month, Israeli soldiers dumped a Palestinian laborer showing symptoms of Covid-19 at the Beit Sira checkpoint without providing him with any treatment. This behavior was repeated at the Hizma military checkpoint, north of Jerusalem. Laborers are returned to the Palestinian territories on an almost daily basis without being tested, which has resulted in the spread of the virus in Palestine. At the same time, Israel unofficially opened its crossings to workers as a way to circumvent Palestinian preventative measures. They offered laborers incentives such as higher daily wages, thus exploiting their difficult living conditions and avoiding any legal obligations towards them.

Uprooting residents from their land and homes

At the height of the Coronavirus crisis, the Israeli ”civil administration” continued with its policy of confiscating Palestinian land, homes and tents. Some of these facilities were being used as emergency clinics to meet the needs of locals. On March 26, Israeli occupation forces raided Khirbet Ibzeiq in the northern Jordan Valley, confiscating steel rods and canopies designed for setting up eight tents, two equipped as clinics and four as emergency shelters for residents who were forced out of their homes. Two other tents were to be used as a mosque. Israeli forces also confiscated a corrugated-iron trailer that had been in the area for over two years, an electric generator, sand and cement bags and four loads of brick to lay the ground inside the tents.

In Ein Diyouk, west of Jericho, Israeli forces demolished three buildings which Jerusalemite farmers use as seasonal residences.

In Hebron, Israeli forces tore down a wall separating Wadi Haseen from Wadi Nasara in preparation for closing the entire area and in Deir Ballout in the Salfeet area, they demolished a farm room and water well.

It should be noted that in contrast to its measures taken in the occupied Palestinian territories, the Israeli government suspended all demolitions inside Israel during the state of emergency.

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With the support from the Arab Regional Network on Women, Peace, and Security- El Karama, the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) has collaborated with the Women’s Centre for Legal Aid and Counseling (WCLAC), the Palestinian Working Woman Society for Development (PWWSD), and Women Media and Development (TAM) in preparing the evidence based report “Palestinian Women: the Disproportionate Impact of the Israeli Occupation.” The report aims to draw on Israeli human rights violations under international law and highlight the effects these violations have on Palestinian women. The report was discussed in a “side event” of the Commission on the Status of Women (CSW) 62nd session in New York during March 2018. The purpose of the side event was to engage regional and international human rights networks and human rights defenders and women movements in advocating for the implementation of human rights provisions through the enforcement of international ratified conventions and agreements.

The report includes personal testimonies and quantitative research of four categories of Palestinian women: women refugees, female Jerusalemites subjected to residency revocation/family reunification refusal; female prisoners subjected to gender-based violence and Gazan women, focusing on denial of their access to healthcare.

The main findings of the report shed light on the direct discrimination that Palestinian women are subjected to and their effects that are particularly damaging to women. The findings reflect the results of an armed occupation coupled with a patriarchal society and can be contextualized by broader Israeli motives: “to change the physical character, demographic composition, institutional structure or status of the Palestinians”.

Women Refugees (MIFTAH)

The report uncovers how Palestinian women living in refugee camps in the West Bank and Gaza live under high levels of violence. Many Palestinian refugee women experience a “triangle of oppression” according to MIFTAH, this is due to a combination of violence committed by the Israeli occupation, the daily life and traditional attitudes towards women and they bear the brunt of Israeli abuses while forced to endure in already suppressive and patriarchal environment.

MIFTAH found that 33 percent of the interviewed women had been directly exposed to physical assault by Israeli Occupation Forces. As many as 21 percent had been exposed to beatings or tear gas at Israeli checkpoints while they were pregnant, and 4 percent reported that they aborted or gave birth at Israeli checkpoints. Moreover, 24 percent were forced to live in shelters or with extended family and 37 percent had been exposed to detention or interrogation. The physical violence women experience while living in the refugee camps is alarming and the number of psychological violence is even higher. Moreover, 72 percent of Palestinian women feel panicked when they hear the sounds of Israeli bullets, war jets, bombs or Palestinian ambulances, and 88 percent confirm that they feel terrified when Occupation Forces storm the camp. These women live in a mentally stressed environment where it is hard to feel safe because they have experienced or know that physical violence is a part of their everyday life.

Recommendations include:

• Recognize the Palestinian right of return, as contained in United Nations General Assembly Resolutions 194 and 513. It is also necessary to confirm United Nations Security Council Resolution 1325, pertaining to the rights of women and peace, along with Security Council Resolution 237 of 1967, calling on Israel to respect human rights in the regions affected by the Middle East conflict of 1967, to ensure safety and security for their residents and facilitate the return of the displaced.

• Confirm the importance of implementing United Nations General Assembly Resolution No. 3236 of 1974.

• Donor states and organizations should fulfill their obligations towards UNRWA so that the Agency can continue providing services to Palestinian refugees.

• Provide psycho-social support for individuals exposed to traumatic experiences as a result of violations committed by the Israeli Occupation. This should include a heightened role for international bodies (governmental and non-governmental organizations) in Palestinian refugee camps.

Jerusalem: Residency Revocation and Family Reunification (PWWSD)

Palestinian Jerusalemites are facing the challenge of resisting the Israeli forces of removing Palestinians from the region and reshaping east Jerusalem toward a majority of Israelis. Between 1967 and 2016, 14,595 Palestinians from east Jerusalem had their residency status revoked. Israel targets the Palestinian Jerusalemites with their policies of residency revocation and family reunification by making it very difficult to stay in Jerusalem. Palestinian Jerusalemites have to live in Jerusalem to have the residency permit, but if they marry a non-Jerusalemite they cannot live together in Jerusalem without going through the process of family reunification, which is a demanding process with an average waiting period of ten years, it is costly and the Israelis may refuse the application without giving any reason. PWWSD has documented a number of cases of attempted family reunification one of these is Afaf A who explains how she after almost ten years of applying still are denied residence permit: “To this day, we are denied the right to know the true reason as to why I am unable to receive a Jerusalem ID. All in all, this entire case cost me up to nearly 70,000 NIS.” Afaf’s story is a typical example of the burden that reunification places on women’s family life and social relations.

The policy of residency revocation forces Palestinian Jerusalemites to leave their homes and it divides families, which can lead to a traumatic fear of separation form children and homes for the women living in Jerusalem. This creates an enormous psychological stain and stress upon women. Israel is denying Palestinians fundamental liberties such as the right to movement and work. This policy also has a negative impact for female victims of domestic violence because they fear going to authorities in case they are forcibly transferred away from their children.

Recommendations include:

• Reinstate the residencies of all Palestinians who wish to reinstate their Jerusalem residency status and give all current residents of Jerusalem indefinite right-to-remain.

• Immediately repeal the “temporary order” to the Law of Citizenship and Entry into Israel (2003) related to family unification. Grant Palestinian spouses of Jerusalem I.D holders Jerusalem residency status.

• Take positive steps to facilitate family reunification; compensate those who have lost large amounts of money due to the costly procedures.

Female Prisoners (TAM)

TAM has contributed with evidence of Israeli violations against female ex-prisoners. Through the testimonies of female ex-prisoners TAM found that violations concerned four themes: “ (1) Physical and psychological torture at the moment of imprisonment; (2) Physical and psychological torture during investigation; (3) Prison conditions and family visits prohibition and (4) Medical Negligence/Denial of Access to Services.” The female ex-prisoners recounts of being kept in solitary confinement for long periods of time without being given a reason, they are treated inhumane by being denied access to sanitation, denied sleep, being beaten and sexually harassed. The family of the female prisoners rarely permitted to visit, which is yet another method to punish the Palestinian women prisoners. Soldiers will deny them to see their family or cut the family visits short

In a testimonies conducted by TAM, Yasmine J a female ex-prisoner describes one of her prison cells like this
“The cells were very small, filled with bugs, dirt and rats, rats were coming out from the toilet and other holes in the wall, the atmosphere was always humid, and in winter, very cold with no enough covers or even warm Air conditioning. In summer, there was no ventilation or fans, it was too hot.”

The Palestinian female prisoners experienced unhygienic prisons cells that are overcrowded and flooding with sewage. The women prisoners describe the food as inedible and the cells as filthy. The conditions in the prisons are very critical and they are not equipped for female prisoners. Often in the prisons there is no awareness for cultural or gender-based sensitivities and invasive bodily searches are a popular method for Israeli soldiers to humiliate the prisoners. Palestinian women are frequently labeled security prisoners and are placed with Israeli criminals that in some cases will extend the assaults and humiliation.

Recommendations include:

• Demand that Israel cease its practice of transferring Palestinian female prisoners out of Palestine, a practice illegal under international law.

• Grant all Palestinian detainees access to legal services and to their family during family visits. Accommodate such access with complementary practices at all relevant checkpoints.

• Demand that Israel treats all Palestinian female detainees with dignity and respect, and with an acknowledgement of their gender-specific requirements;

• Assert, without qualification, the absoluteness of the prohibition of torture. Put an end to any torture, inhuman or degrading treatment in Israeli prisons.

Access to Health in Gaza (WCLAC)

The blockade of Gaza has been going on for 11 years and Israel is not letting go of its grip, actually it seems that Israel is tightening its grip. On the basis of testimonies gathered from women in Gaza has WCLAC highlighted three areas of concern: Israeli border polices health rights and access to health, and the effects of the Israeli blockade on Gaza.

The approval rate of patient permits to exit Gaza to be treated has declined rapidly during the recent years. In 2012, 92 percent of patients’ permits were approved while in 2017, the approval rate had declined to 54 percent. In 2016, 31.4 percent of these applications were delayed for months or even years beyond medical appointments the consequence of this is that diseased people get sicker and in some cases this results in death. Israelis are also very observant of what goes into Gaza even when it concerns essential health care, medicine, fuel and adequate nutrition. The approval rate for health related access was 48 percent in 2016. These numbers show clearly how Israel is failing to facilitate humanitarian access and therefore is preventing the development and functioning of human life inside Gaza.

The lack of rights to health care is detrimental to pregnant women who are subjected to dangerous risks due to a lack of services and equipment. Abortions, premature births and labor complications are at an increasing rate. The fact that women are not given access to pregnancy related healthcare is gender based discrimination. It is vital for women that the gap in access to maternal and reproductive health care is addressed. The humanitarian crisis in Gaza is forcing women, who often suffer from post-traumatic stress disorder, anxiety, depression and even permanent disabilities, to neglect their own needs to take care of their families.

Recommendations include:

• Ensure Israeli compliance with border procedures, not only facilitating access, but showing Palestinians the respect to respond to applications in a timely manner consistent with medical requests.

• Put an end to aggressive and invasive interrogation practices at the border. Where women are concerned, allow access in all but the most pressing cases.

• Provide meaningful and adequate reparations for women that have been unjustly searched, interrogated, or subjected to inhuman, degrading or similar treatment at border crossings or in permit applications.

• Ensure Israeli compliance with the clear IHL obligation to allow humanitarian access to Gaza.

• End the blockade of the Gaza Strip. Facilitate the free movement of infrastructure and energy supplies. Grant Gazans the opportunity to rebuild their lives after the 2014 war.

Efforts of the international community

Israel’s actions against Palestinian women refugees, women living in Jerusalem, female prisoners, and women living in Gaza, as stressed in the report, are discriminating and in clear violation of International Law and the International Human Rights and are a clear result of the gravity of Israeli officials impunity. The policies outlined in this report contextualized by, wider systems of discrimination against Palestinians. Free movement is being curtailed, individuals are being coerced off their land, and individual rights are being removed. These are fundamental breaches of international law, and must be recognized as ethnic discrimination.

The international community has again and again urged Israel to allow the return of the Palestinian refugees, stop the forced eviction and forcible transfer of Jerusalemites, respect the international standards of treatment of women prisoners and let Gazans have access to basic healthcare but the international community’s effort to make Israel change its policies has been ignored and they have failed in holding Israel accountable for its actions.

Women’s rights, enshrined in conventions such as CEDAW, Israel and its violent occupation, creeping annexation and ethnic cleansing is bolstered by the failure of the international community to hold Israel to account. Israel and the international community are responsible for the suffering of the various groups of women discussed in this report, as well as the subjugation and suffering of Palestinians. More broadly, Israel will continue to force Palestinians to live as second class citizens without civil, political, economic, social nor cultural rights.