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Israel and the Occupied Territories
Torn Apart: Families split by discriminatory policies
INTRODUCTION A new law passed by the Israeli parliament on 31 July 2003 bars family unification for Israelis who are married to Palestinians from the Occupied Territories. The Citizenship and Entry into Israel Law(1) explicitly discriminates against Palestinians from the West Bank and Gaza Strip. It also implicitly discriminates against Palestinian citizens of Israel, who constitute some 20% of the Israeli population, and against Palestinian residents of Jerusalem(2), for it is they who usually marry Palestinians from the Occupied Territories. As such, the law formally institutionalizes a form of racial discrimination based on ethnicity or nationality. Article 1 of the law defines "resident of the region" as residents of the West Bank and Gaza Strip, specifically excluding residents of Jewish settlements in these areas. According to Article 2 of the law: "…the Minister of the Interior shall not grant citizenship to a resident of the region pursuant to the Citizenship Law and shall not give a resident of the region a permit to reside in Israeli pursuant to the Entry into Israel Law, and the regional commander shall not give such residents a permit to stay in Israel pursuant to the defense legislation in the region". The law, which was passed for a period of one year and is expected to be renewed upon expiry at the end of July 2004, constitutes a further step in Israel's long-standing policy aimed at restricting the number of Palestinians who are allowed to live in Israel and in East Jerusalem. The UN Committee on the Elimination of all Forms of Racial Discrimination has expressed concern about this new law and has called on Israel to revoke it and reconsider its policy with a view to facilitating family unification on a non-discriminatory basis.(3) The UN Human Rights Committee has likewise called on Israel to revoke the law and to reconsider its policy with a view to facilitating family unification of all citizens and permanent residents.(4) Not being able to obtain family unification for their Palestinian spouses leaves thousands of Palestinian citizens of Israel and Jerusalem residents with two options: having their spouse live with them illegally or moving to the West Bank and Gaza Strip, where they would be living under Israeli military occupation, in a situation of conflict and facing daily incursions by the Israeli army, bombardments, house demolition, curfews and hundreds of checkpoints, which make it extremely difficult to move, work or carry out ordinary daily activities. In addition, it is illegal for Israelis and Jerusalemites to enter the Occupied Territories and those married to residents of the Occupied Territories may only do so in special circumstances and subject to permits and stringent restrictions. Read More...
By: MIFTAH
Date: 25/02/2026
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Legalizing Occupation: New Israeli Measures in the West Bank
Executive Summary On February 15, the government of Israel approved a process to register land in the occupied West Bank as Israeli “state property.” The decision builds on a cabinet resolution introduced in May of 2025 that established the framework for renewed land settlement proceedings on Palestinian land. Implemented for the first time since Israel’s occupation of the West Bank in 1967, this process enables Israeli authorities to declare land ‘state property’ when Palestinian ownership cannot be formally proven; a standard difficult for many Palestinians to meet. Even when landownership can be met, expropriative policies such as the Absentee Property Law allows Israel to confiscate Palestinian property and sell it to Israelis. A total of NIS 244.1 million has been allocated for this program, which has been stated to continue for decades. Israeli Government Resolution No. 3559 sets a first-phase objective of registering 15% of previously unregulated land within five years. [1] This development follows the Israeli cabinet’s February 8th approval of a series of measures that expand Israeli control over land administration and acquisition in the West Bank, undermining the Palestinian Authority (PA) and amounting to de facto annexation. The details of the measures have not been released to the public, only communicated through a press release by government ministers. To view the Full Policy Paper as PDF
By: MIFTAH
Date: 20/12/2025
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Sexual and Gender-Based Violence, Reproductive Violence & Starvation: Mutually Reinforcing Crimes- Gaza
Introduction Palestinian women in Gaza are subjected to overlapping forms of violence by Israel that converge into a single, coherent structure of domination. Starvation, sexual and gender-based violence, and reproductive violence do not occur as isolated abuses, but as an interlocking system enacted simultaneously and reinforcing one another. These practices operate across psychological, social, and biological dimensions of harm. While Palestinian women’s bodies are the immediate site of this violence, its intended target is Palestinian society as a whole. By systematically targeting women, Israel undermines collective survival, erodes social cohesion, and attacks the continuity of Palestinian life itself. Taken together, these practices constitute a gendered architecture of genocide that must be recognized and addressed as such. The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) has documented these three crimes throughout Israel’s genocide in Gaza. Firsthand testimonies collected from the Gaza Strip and the occupied West Bank reveal the distinctly gendered impacts of these violations and their cumulative effects on Palestinian women. I. Sexual and Gender-Based Violence Sexual and gender-based violence is systematically instrumentalized by Israel as a means of humiliating and isolating Palestinian women while dismantling family and community bonds. These violations should not be understood as isolated or aberrational incidents, but rather as part of a broader historical pattern in which sexual violence has been deployed as a tool of terror and social control against the Palestinian population. Historical records document that during the 1948 ethnic cleansing of historic Palestine, Zionist paramilitary forces including the Haganah engaged in acts of sexual violence alongside mass killings and expulsions of Palestinians. The Haganah later became the institutional foundation of the contemporary Israeli military. This historical continuity underscores how sexual violence has long functioned as a weapon of war, embedded within military practices aimed at terrorizing civilians and facilitating population displacement. Testimonies collected by MIFTAH fieldworkers across the West Bank and Gaza Strip reveal recurring patterns. Arrests conducted in family homes routinely transform domestic spaces into sites of domination. Soldiers storm houses, often in the middle of the night, restrain family members, destroy personal belongings, steal valuables, and dictate all movement within the home. Male relatives are frequently forced to witness or participate in the abuse of female family members, a tactic designed to emasculate men and dismantle the household from within.
“They ordered my uncle to beat me, telling them if
he didn’t do it, they would. He refused, so the soldier
beat me instead. He was dragging and shoving me until I
was inside the jeep. There, they beat me again before
he closed the door while my brother, uncle and his
children remained outside...He put his hand on my
shoulders and I started to scream. Then the soldier and
female soldier began to make strange, lewd sounds so my
family would think I was being raped.”
-R.A. Al-Khalil, occupied West Bank
Sexual violence also functions as a form of psychological torture in Israeli detention and interrogation settings. Alongside sleep deprivation, starvation, and physical assault, sexual violence is deliberately employed to induce psychological breakdown and assert total control. Testimonies describe forced strip searches, removal of hijabs, invasive bodily touching, slut-shaming, and explicit threats of rape against detainees or their relatives . Testimonies collected by the Palestinian Center for Human Rights (PCHR) describe in detail the systematic use of secual torture in Israeil detention settings. Sexual violence is further enacted through blackmail, including the use of nude or indecent photographs taken during interrogation to coerce compliance or enforce silence. These practices aim to strip women of dignity, break them psychologically prior to or during interrogation, and inflict lasting harm that weakens their sense of self long after release. The full extent of sexual violence against Palestinian women today remains difficult to quantify, as survivors rarely disclose sexual assault or rape causing underreporting to be widespread. This silence reflects structural, legal, and social barriers rather than the absence of abuse. Palestinian survivors of violence perpetrated by Israeli soldiers or settlers seldom pursue legal avenues due to the well-documented lack of accountability within Israeli law enforcement mechanisms, where investigations rarely result in prosecution or redress . Social stigma also plays a role in silencing survivors. In a predominantly conservative social context, sexual violence carries stigma that extends beyond the survivor to her family and community. Israeli forces exploit this reality deliberately, using sexual violence and threats to women’s “honor” as mechanisms of coercion, intimidation, and social fragmentation. In this way, sexual violence operates not only as an assault on individual women, but as a strategic instrument of collective harm. II. Reproductive Violence Reproductive violence targets women’s capacity to give life through the systematic destruction of healthcare systems, maternity services, and the material conditions necessary for survival. It refers to deliberate actions intended to impair an entire population’s ability to reproduce and sustain itself. In Gaza, reproductive violence is not incidental to armed conflict; it is enacted through policy-driven destruction that reflects intentionality rather than collateral harm. This violence is carried out through the systematic targeting of life-sustaining infrastructure, including hospitals, maternity wards, neonatal units, fertility clinics, and embryo preservation centers, as well as the blockade of medicines, medical equipment, and hygiene supplies. The consequences are visible in rising maternal mortality, increased miscarriages linked to malnutrition and extreme stress, untreated reproductive infections, and the repeated displacement of pregnant women seeking care within a collapsing healthcare system . These measures directly undermine women’s ability to safely conceive, carry pregnancies to term, give birth, and raise children. Women’s reproductive health is further compromised by the deliberate obstruction of humanitarian aid and the collapse of sanitation and water infrastructure. The destruction of healthcare facilities, combined with ongoing bombardment and repeated displacement, has rendered movement dangerous and unpredictable, making access to medical care nearly impossible and severely limiting the ability of humanitarian organizations to provide reproductive and maternal health services. As a result, there has been a sharp increase in preventable reproductive health complications. Women report rising cases of fever linked to untreated vaginal infections caused by inadequate hygiene and the absence of feminine hygiene products, as well as unnecessary hysterectomies . Women using intrauterine devices experience prolonged bleeding and infections due to unsanitary living conditions, yet no options for safe removal currently exist in Gaza, posing serious long-term risks to reproductive health and bodily integrity . Women have also been forced to undergo emergency hysterectomies to control excessive post- partum bleeding that could not be managed due to the lack of healthcare. Reproductive violence in Gaza is therefore both biological and symbolic. It constitutes an assault on the present population and on the possibility of future generations. The objective of preventing Palestinian continuity is further evidenced by the sustained and disproportionate killing of children, who have consistently been the most targeted demographic group throughout the genocide. This killing is reinforced by an ideological framework that dehumanizes Palestinian women and children. Public statements by Israeli political and military officials have repeatedly framed the killing of women and children as militarily justified . Within this logic, women are targeted not for their actions, but for their reproductive capacity and their role in sustaining Palestinian continuity. Such rhetoric has informed and legitimized military operations in Gaza. Throughout the genocide, civilian spaces including schools, homes, and hospitals, have been deliberately targeted as a matter of state policy. These are precisely the spaces where women and children sought refuge. The systematic killing and endangerment of women and children is not a secondary effect of warfare but a central component of the broader genocidal strategy.
“I went to the market to buy some things for my twin
babies like diapers and baby formula. That was when I
heard the airstrikes, which shook the entire area. My
heart dropped and I ran back, only to find that my
parent’s four-story house had been bombed over their
heads. There had been over 20 people in the house at
the time, all of whom were martyred, including my
three-month old twin girls. They are still under the
rubble until today. Two months after being displaced in
a school, the occupation army bombed it early one
morning. We were baking bread on an open fire when it
happened. We dropped everything and ran without
thinking. The children were strewn on the ground, their
shredded body parts scattered everywhere. In these
children, I would imagine my twin daughters, who I
could not save or even see, since they were still under
the rubble of our home. I would scream at the horrors,
but tried to help the paramedics and get the wounded
children out.”
- T.K. – Gaza Strip
III. Starvation as a Weapon of Genocide Another grave factor to the reproductive health of women in Gaza has been starvation. Prolonged malnutrition, combined with physical exhaustion, repeated displacement, and lack of healthcare infrastructure, have contributed to increased miscarriages, loss of amniotic fluid, and heightened maternal mortality . Numerous women have reported using prenatal supplements distributed by humanitarian organizations as meal substitutes for themselves or their families, or exchanging them for food and essential supplies. Breastfeeding has become increasingly difficult due to suppressed milk production associated with undernourishment, while infant formula remains largely inaccessible, placing newborns at heightened risk. Chronic stress and nutritional deprivation have also resulted in amenorrhea, fertility complications, and potential long-term reproductive harm.
“I was not prepared to be displaced from one place
to another with my newborn. With the lack of food, we
resorted to alternatives such as wild plants and herbs.
We also turned animal feed into flour, even though this
is dangerous, but we had no choice. My child and I
suffered a lot from extreme hunger. My body has grown
weak and my milk does not fill my baby since I do not
eat well. When there is food, it is only enough to
temporarily quiet the hunger pangs. At other times, we
drink lots of water to feel full.”
-R.S, Beit Lahia
For women in Gaza, starvation functions not only as a form of biological deprivation but as a structural assault on familial roles, social reproduction, and dignity. It undermines women’s capacity to fulfill caregiving responsibilities, destabilizes family life, and produces severe physical, reproductive, and psychological consequences. Women disproportionately experience the embodied impacts of hunger while simultaneously carrying the emotional labor associated with sustaining children and dependent family members. Testimonies collected by MIFTAH from displaced women subjected to Israel’s forced starvation consistently begin with descriptions of pre-displacement life, including homes, employment, family routines, and domestic spaces. The loss of the home, particularly the kitchen, emerges as a recurrent theme, reflecting the erosion of women’s agency and identity. The destruction of homes and domestic spaces traditionally associated with women’s autonomy has contributed to a marked erosion of dignity and self-perception. Reported symptoms include anxiety, insomnia, hair loss, emotional dysregulation, and post-traumatic stress, with many women suppressing their own distress to maintain caregiving roles. Repeated displacement has further exacerbated women’s vulnerability. Multiple forced relocations have resulted in the loss of personal possessions, kinship networks, and community-based support systems. Overcrowded shelters lack adequate privacy, sanitation, and safety, compelling women to manage childcare and food preparation under unsafe and degrading conditions. Everyday survival practices are thus shaped by constant exposure to risk and instability. For women who serve as the primary caretakers of their families, providing for loved ones often comes at great personal risk. They are frequently reducing or skipping their own meals so that their children can eat, often continuing caregiving responsibilities despite severe physical exhaustion . In displacement, they prepare rudimentary meals using limited ingredients and improvised methods, such as cooking lentils over burning toxic materials like plastic. These practices function both as survival strategies and as efforts to maintain a sense of continuity and stability for children amid profound disruption. In these contexts, women disproportionately bear the responsibility of caring for sick, injured, or disabled family members, despite acute shortages of medical care, clean water, and shelter. Overcrowding and unsanitary conditions contribute to widespread illness, while attempts to obtain food or humanitarian assistance expose women and children to ongoing risks of injury or death. Starvation has additionally intensified gendered pressures within households. Men’s inability to secure food or protection has been associated with increased psychological distress, thereby expanding women’s emotional and caregiving responsibilities. For women whose spouses have been killed, detained, or disappeared, starvation enforces sole provider roles under conditions that systematically undermine the possibility of survival. Conclusion MIFTAH has documented violations of sexual violence, reproductive violence, and starvation at various points during the genocide in Gaza. These violations, however, do not occur in isolation; they operate simultaneously, reinforcing and amplifying one another as part of a single system of control. Sexual violence isolates women from themselves and alienates them within their communities. Reproductive violence deliberately targets women because of their childbearing roles. Starvation acts as both a biological and psychological assault. Taken together, these crimes compound one another, deepening harm and undermining the survival of Palestinian women and their communities. A single woman may experience all three forms of violence, being violated in detention, displaced and denied healthcare, and later starved while unable to feed her children. Together, these crimes transform daily life into a persistent site of punishment. They attack the Palestinian female spirit, disrupt women’s societal roles, and, in doing so, fracture society across generations, making recovery increasingly difficult. The failure to confront these violations reflects a long colonial history, in which the rhetoric of “saving women” was used to justify empire while violence against women perpetrated by colonial powers was silenced or dismissed. To resist normalization and impunity, these crimes must be recognized and addressed as mutually reinforcing acts of genocide. Understanding these violations as an interconnected system of oppression is essential to grasp their full impact on Palestinian society. These gendered crimes are not about women alone; they aim to dismantle the foundations of Palestinian life. Women are targeted not only as individuals but as mothers, community anchors, and bearers of generational continuity, while Palestinian society is systematically weakened and broken at its core. Sources and References
By: MIFTAH
Date: 09/12/2025
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Implications of UNSC Resolution 2803 and the Future of Gaza
Executive Summary On 17 November 2025, the United Nations Security Council adopted Resolution 2803, establishing a new governance framework for Gaza. The resolution endorses U.S. President Donald Trump’s Comprehensive Plan to End the Gaza Conflict (CPEGC) and the creation of a transitional international administration through a U.S.-led Board of Peace (BoP) and authorizes an International Stabilization Force (ISF). Rather than ensuring Palestinian sovereignty, this framework transfers control of Gaza’s civil administration, security, reconstruction, borders, and humanitarian aid to external actors, entrenching foreign oversight and further consolidating Israeli dominance over the occupied Palestinian territory. This resolution raises grave legal and political concerns. It departs from foundational principles of international law and undermines the Palestinian people’s inalienable right to self-determination. By providing no mechanisms for accountability for Israel’s documented violations, offering no concrete safeguards for Palestinian rights, and presenting an undefined framework with no clear timeline or benchmarks, Resolution 2803 risks perpetuating systemic injustices, enabling a reconfigured form of occupation, and further entrenching the colonial-style control already in place. To view the Full Policy Paper as PDF
By the Same Author
Date: 18/06/2007
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Fatah and Hamas Violations Leave Gaza's Civilians Trapped in their Homes - Growing Concerns about Violence Spreading to the West Bank
London, June 15, 2007- Amid unprecedented political violence in the Gaza Strip, both Fatah and Hamas security forces and armed groups have shown utter disregard for fundamental principles of international law and have committed grave human rights abuses, Amnesty International said in a statement. “The indiscriminate attacks and reckless gun battles in residential neighborhoods have left a beleaguered civilian population, already suffering from a year of international sanctions and continuing Israeli military blockades, virtual prisoners in their own homes. Both parties have killed captured rivals, and have abducted scores of members of rival groups and held them hostage, to be exchanged for friends and relatives held by their rivals, Killing captured fighters and hostage-taking are war crimes”. “Rival security forces loyal to the Fatah party of PA President Mahmoud Abbas and the Hamas party of Prime Minister Isma'il Haniyeh, have signally betrayed their responsibility to uphold and enforce the law and to protect the population. Instead, acting in concert with the armed groups which serve as their proxy militias, they have engaged persistently in armed clashes, killing and injuring civilians not involved in the clashes with complete impunity”. “Now that Hamas has gained control of Fatah' security forces installations in Gaza and repudiated President Abbas' decision to dissolve the coalition government and impose a state of emergency in the OPT, fears are growing that the fighting will spill over into the West Bank. In recent days Fatah's gunmen have been abducting Hamas members and holding them as hostages and ransacking Hamas offices in Nablus, Ramallah and elsewhere in the West Bank, deepening concern that abuses will increase if the fighting escalates there”. Palestinians calling for an end to the violence risk being killed. On 13 June gunmen in Gaza City and Khan Younes fired on unarmed demonstrators who were calling for an end to the armed clashes, killing one protester and injuring several others. On the same day two Palestinian employees of the United Nation Relief and Works Agency (UNRWA), the main relief agency in the Gaza Strip, were killed and two others were injured in the course of their work by reckless shooting during Fatah-Hamas armed clashes. UNRWA also reported that gun battles took place inside two of its facilities. Gunmen from both sides mounted attacks in and around hospitals, directly targeting and launching attacks from hospital buildings. On 12 June Gaza City's Shifa Hospital, the main hospital in the Gaza Strip, was attacked with heavy weapons, including rocket-propelled grenades and home-made mortars. Other hospitals from Rafah in the south to Beit Hanoun in the north also came under fire, as did several ambulances, putting patients and staff in danger, impeding the work of the medical staff and hindering access to healthcare for those in need. The fighting has hampered the UN's ability to deliver emergency food aid and healthcare services. Such attacks constitute a gross violation of international law, which prohibits the targeting of civilians and indiscriminate attacks, and affords special protection to medical and humanitarian facilities, which must never be targeted or used for attacks or other activities which compromise their neutrality. Educational institutions have also been damaged as a result of reckless gun battles and indiscriminate attacks and all aspects of life in the Gaza Strip have been virtually paralyzed. Amnesty International called on Fatah and Hamas leaders to take immediate action to ensure that their forces and the armed groups acting as their proxy militias cease endangering civilians and violating international law through their reckless, disproportionate and indiscriminate use of force in Gaza, and to prevent further abuses in the West Bank - notably:
Date: 04/06/2007
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Israel/OPT: Forty Years of Occupation -- No Security without Basic Rights
On the eve of the 40th anniversary of Israel’s occupation of the West Bank and Gaza Strip, Amnesty International today called on the Israeli authorities to end the land-grabbing, blockades and other violations of international law carried out under the occupation. These have resulted in widespread human rights abuses and have also failed to bring security to the Israeli and Palestinian civilian populations. A 45-page report published today, Enduring Occupation: Palestinian under siege in the West Bank, illustrates the devastating impact of four decades of Israeli military occupation. The report documents the relentless expansion of unlawful settlements on occupied land that deprives the Palestinian population of crucial resources and documents a plethora of measures that confine Palestinians to fragmented enclaves and hinder their access to work, health and education facilities. These measures include a 700km fence/wall, more than 500 checkpoints and blockades, and a complicated system of permits. "Palestinians living in the West Bank are blocked at every turn. This is not simply an inconvenience -- it can be a matter of life or death. It is unacceptable that women in labour, sick children, or victims of accidents on their way to hospital should be forced to take long detours and face delays which can cost them their lives," said Malcolm Smart, Director for Amnesty International's Middle East and North Africa Programme. "International action is urgently needed to address the widespread human rights abuses being committed under the occupation, and which are fuelling resentment and despair among a predominantly young and increasingly radicalized Palestinian population," said Malcolm Smart. "For forty years, the international community has failed adequately to address the Israeli-Palestinian problem; it cannot, must not, wait another forty years to do so." Amnesty International is calling for the urgent deployment of an effective international human rights monitoring mechanism to monitor compliance by both parties, Israeli and Palestinian, with their obligations under international law. This must be backed up with a commitment to investigate and prosecute, through the exercise of universal jurisdiction, those who commit war crimes or other crimes under international law. "We do not underestimate the difficulties of establishing such an independent monitoring system, whether by the UN or another appropriate body, but it is vital that the international community should become more engaged in finding a solution, and in holding the parties to their obligations under international law," said Malcolm Smart. In its report, Amnesty International acknowledges Israel’s legitimate security concerns and the government’s obligation to protect the population within its borders, but says this does not justify blatant violations of international law, such as construction of much of the fence/wall inside the West Bank on Palestinian land. "If the intention was simply to prevent Palestinian suicide bombers from entering Israel, the barrier would be located on the Green Line, the border between Israel and the West Bank," said Malcolm Smart. "Yet, the reality is that most of it is being built on Palestinian land, in defiance of the International Court of Justice, and is separating Palestinian towns and villages in the West Bank." In addition to the fence/wall, the movement of Palestinians is several constrained by a host of other restrictions, including over 500 checkpoints and blockades, and a network of roads for Israeli settlers to use and off-limits to Palestinians. The barrier, together with these roads and roadblocks, benefit continuously expanding but unlawful Israeli settlements and make them territorially contiguous with Israel. "Harsh Israeli restrictions have caused the virtual collapse of the Palestinian economy and are exacerbating the increasingly fragile conditions in which Palestinians live and work -- resulting in levels of despair, poverty and food insecurity never before seen in the Occupied Palestinian Territories," said Malcolm Smart. "Most Palestinians are now relying on aid for subsistence, with families reducing the quality and quantity of the food they consume and selling assets essential for their livelihoods." Amnesty International is calling on the Israeli authorities to:
The organization is also reiterating its call on Palestinian armed groups to end immediately attacks on civilians and on the Palestinian Authority (PA) to take effective action to stop and prevent such attacks and bring to justice those responsible. To View the Full Report as PDF (224 KB)
Date: 24/05/2006
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AI Report 2006
During 2005 some of the world’s most powerful governments were successfully challenged, their hypocrisy exposed by the media, their arguments rejected by courts of law, their repressive tactics resisted by human rights activists. After five years of backlash against human rights in the “war on terror”, the tide appeared to be turning. Nevertheless, the lives of millions of people worldwide were devastated by the denial of fundamental rights. Human security was threatened by war and attacks by armed groups as well as by hunger, disease and natural disasters. Freedoms were curtailed by repression, discrimination and social exclusion. This Amnesty International Report documents human rights abuses in 150 countries around the world. It highlights the need for governments, the international community, armed groups and others in positions of power or influence to take responsibility. It also reflects the vitality of human rights activists globally, whether in local initiatives, international summits or mass demonstrations. Outraged by continuing human rights abuses and inspired by hope, Amnesty International members and supporters around the world campaign for justice and freedom for all. Realted Reports:
Date: 17/05/2006
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Israel/Occupied Territories: High Court Decision Institutionalizes Racial Discrimination
The decision by the Israeli High Court of Justice on 14 May to uphold a law which explicitly denies family rights on the basis of ethnicity or national origins is a step further in the institutionalization of racial discrimination in Israel. The “Citizenship and Entry into Israel Law” bars family reunification for Israelis married to Palestinians from the Occupied Territories. It specifically targets Israeli Arabs (Palestinian citizens of Israel), who make up a fifth of Israel’s population, and Palestinian Jerusalemites,(1) for it is they who marry Palestinians from the West Bank and Gaza Strip. Thousands of couples are affected by this discriminatory law, which forces Israeli Arabs married to Palestinians to leave their country or to be separated from their spouses and children. Israeli military law forbids Israelis from entering the main population centres in the Occupied Territories and Israeli citizens cannot join their Palestinian spouses there, and at the same time Palestinian spouses staying in Israel without a permit are constantly at risk of being deported and separated from their families. Thus, Israeli-Palestinian couples would ultimately be forced to move to another country in order to live together – an option which is neither feasible nor desirable for those concerned. In addition, Palestinian Jerusalemites would lose their residency and their right to ever live in Jerusalem again if they move out of the city. Five of the 11 High Court of Justice’s judges who ruled on this law on 14 May, including the Court’s President, voted against upholding the law, recognizing that it infringes human rights. The Court’s President, Aharon Barak, stated that the law violates the right of Israeli Arabs to equality. Indeed, the law violates the absolute prohibition on discrimination contained in international human rights law, notably several treaties which Israel has ratified and is obliged to uphold, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC). The provision in the law which allows for the discretionary granting of temporary residence permits for Palestinian male spouses over 35 and female spouses over 25 is arbitrary in nature and does not alter the discriminatory character of the law. It will also not benefit the majority of Israeli-Palestinian couples, who marry at a younger age. Moreover, the permit applications of spouses who meet the age criteria can be rejected on the grounds that a member of his/her extended family is considered a “security risk” by Israeli security services. Thousands of Palestinians seeking family reunification prior to the passing of this law were rejected on unspecified “security” grounds in circumstances where the failure to provide detailed reasons for each rejection made it impossible for those rejected to mount an effective legal challenge to the decision. The Israeli authorities have sought to justify the law on security grounds but have brought no convincing evidence to substantiate such claims. Even claims that some 25 people, some of whom were born to Israeli parents and were not in Israel as a result of family reunification, have been involved in attacks in security-related offences, cannot justify denying family reunification to every Palestinian. Doing so is discriminatory and disproportionate and would constitute a form of collective punishment, prohibited under international law. Moreover, statements by Israeli officials and legislators who support the new law indicate that it is primarily motivated by demographic, rather than security, considerations - that is, a determination to reduce the percentage of Israeli Arabs among the country's population. The ban on family unification for Israeli-Palestinian couples, initially introduced by an administrative decision of the Interior Minister in 2002 and subsequently passed into law by the Israeli Knesset in July 2003, is due to be reviewed by the Israeli Knesset next July. Amnesty International reiterates its call on the Israeli government and on Members of the Knesset to repeal this law and to ensure that any steps taken to address security concerns, including any amendments to the citizenship law, comply with international human rights law – notably the principle of non-discrimination. (1) Palestinians who remained in Israel after the establishment of the state in 1948 became Israeli citizens, whereas the Palestinian inhabitants of Jerusalem received a special status as permanent residents after Israel’s occupation of East Jerusalem in 1967 and its subsequent annexation. Today, there are about 230,000 Palestinian permanent residents of Jerusalem.
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