Report Summary . . .
On 8 February 2005 the Palestinian Authority President, Mahmoud Abbas, and the Prime Minister of Israel, Ariel Sharon, meeting in Sharm el-Sheikh, agreed on a ceasefire by whose terms Palestine agreed to stop all acts of violence against Israelis and Israel agreed to cease all military activity against Palestinians.
At the time of writing, the ceasefire continues to hold, despite violations on both sides. It has already resulted in important improvements in the human rights situation in the Palestinian Territory; 500 prisoners have been released and there are reports that 400 more will soon be released. Forty-five (45) Palestinians deported to Gaza and overseas, following the siege of the Church of the Nativity in 2002, have been allowed to return to the West Bank. The targeted killings or assassinations of militants by IDF have been discontinued. IDF has announced that it will cease the punitive demolition of houses belonging to persons who have committed acts of violence against Israelis. An increased number of Palestinian workers and merchants have been allowed to enter Israel from the Gaza Strip. Some checkpoints in the West Bank have been lifted and there are plans to hand over the control of five cities to the Palestinian Authority.
Important as these changes or reforms may be, they fail to address the main violations of human rights and humanitarian law in the Occupied Palestinian Territory - settlements, the Wall, checkpoints and roadblocks, the imprisonment of Gaza and the continued incarceration of over 7,000 Palestinians.
There are over 100 settlements in the West Bank and Gaza, inhabited by almost 400,000 settlers, of whom some 180,000 live in the East Jerusalem area. Despite assurances from the Government of Israel that settlement growth has been frozen or limited to natural growth, the reality is that the settler population has grown more than the Israeli population itself. Unfortunately, Israel allows the interests of its settlers to determine its policies toward Palestine.
For example, the Wall that Israel is presently building in Palestine is largely designed to protect settlements. It is becoming increasingly clear that settlements stand in the way of a two-State solution in the Middle East.
The Wall that Israel is building in the West Bank has been found to be contrary to international law by the International Court of Justice. Despite this, Israel is pressing ahead with the construction of the Wall, although it has recently decided to take less Palestinian land in the process. The Wall, according to Israel, is a security measure. As such it requires immediate attention since the present focus of attention, according to the Sharm el-Sheikh agreement, is security. There is a distinction between legitimate security measures and illegitimate security measures. The construction of the Wall, within Palestinian territory (as opposed to along the Green Line or within Israel), is an illegitimate security measure and should be discontinued immediately and not relegated to the realm of “permanent status talks”. Failure to do so will provide further evidence of Israel’s intention to annex Palestinian territory and jeopardize a fragile truce.
Several hundred checkpoints, roadblocks, ditches and other obstructions have made travel in the Palestinian Territory a nightmare for residents. Israel claims to have substantially reduced the number of checkpoints in recent times. But most permanent checkpoints manned by IDF remain in force; “flying checkpoints” (that is, temporary road checkpoints) continue; and most road blockages, in the form of concrete blocks, earth mounds or ditches, and closing by-roads remain. Moreover enforcement of road closures and obstructions by IDF remains as vigorous as ever. Indeed, the Special Rapporteur experienced a more rigorous enforcement of checkpoints than on previous visits.
The character of Jerusalem and Bethlehem has been substantially changed by the construction of the Wall and the lives of their residents substantially affected by travel restrictions, closures and property confiscations. Moreover, there is a threat to require East Jerusalemites to obtain special permits from the Israeli military authorities to travel to Ramallah. This will compel East Jerusalemites to choose between maintaining their ties with Ramallah and giving up their residence rights in Jerusalem and is part of a series of measures designed to entrench Israel’s illegal annexation of East Jerusalem.
At present there are over 7,000 Palestinian prisoners in Israeli jails, of whom over 850 are administrative detainees (that is, persons held without trial). In February 2005, 500 prisoners were released. However, these were mainly short-term prisoners or prisoners who had nearly completed their sentences. What is required of Israel is a bold step, of the kind taken by other transitional societies, which have released prisoners in order to further peace.
The Government of Israel’s determination to evacuate 8,500 settlers from Gaza and to dismantle its Gazan settlements is, understandably, the focus of international attention. It is a brave move on the part of Israel, and one that divides Israeli society. But it is the right thing to do and should be acknowledged as such by those concerned about human rights and humanitarian law in the Palestinian Territory. The dismantling of settlements in Gaza does not, however, mean that Gaza will be freed from Israeli control or that Israel will cease to be an occupying Power in terms of the Fourth Geneva Convention of 12 August 1949.
This is a time of hope for both Israel and Palestine. If the ceasefire is to hold it is essential that the Palestinian Authority exercise control over militant groups responsible for violence against IDF and settlers within Palestine and for suicide bombings within Israel. It is equally important that Israel keep its side of the bargain. However, it is not sufficient for Israel to only cease its military activity against Palestinians. It must address, with great expedition, the causes of Palestinian militancy, the issues that have given rise to terrorism against the Israeli people. Israel must address the release of prisoners, the abandonment of checkpoints, the dismantling of the Wall and the evacuation of all settlements in Palestinian territory. If it fails to do so, it will forfeit an opportunity for peace that may not again arise.
Israeli Assault on Gaza By Numbers in 30 Days
Date posted: August 09, 2014
By Safa Agency
