[623] Mossawa Center, Position Paper from the Mossawa Center on the Israeli State Budget and The Government Decision for Economic Development in the Arab Community for the Years 2016-2020, 2016, http://www.mossawa.org/eng//Public/file/0Position%20Paper%20Budget%202016-2020.pdf (accessed June 10, 2020). In 2019, though, she managed to obtain permits through work to travel to the West Bank and met and got engaged to a man from Ramallah. While Palestinians in Israel, unlike those in the OPT, have the right to vote and stand for Israeli elections, these rights do not empower them to overcome the institutional discrimination they face from the same Israeli government, including widespread restrictions on accessing land confiscated from them, home demolitions, and effective prohibitions on family reunification. [262] ACRI found in 2017, based on government data from 2015, that authorities kept 72 percent of Palestinian children from the West Bank in custody until the end of proceedings, but only 17.9 percent of children in Israel. In. The ruling stated that Karmiel is a Jewish city intended to solidify Jewish settlement in the Galilee. Forman, Military Rule, p. 348. Former Deputy Mayor of Jerusalem Meron Benvenisti wrote that Jerusalems absurd borders derived from the aspiration to include a maximum of land with a minimum of Arabs.[171], Israeli officials, soon after taking control of East Jerusalem in 1967, confiscated land and established several settlements, including Ramat Eshkol, Maalot Dafna, Givat HaMivtar, and French Hill, to establish a bolt, in the parlance of the Israeli government, connecting West Jerusalem and Mount Scopus, which was effectively a Jewish island encircled by East Jerusalem before 1967. [311] The JWC did not meet between 2010 and 2016; during this period, according to government data received by ACRI, Israeli authorities permitted Palestinians to build two new water wells, while demolishing 11. Citing another well-known opinion by Barak, Asher Grunis, then deputy president of the Supreme Court and later president, rejected in 2012 a constitutional challenge to the discriminatory aspects of the 2003 Israel Citizenship and Entry Law, writing, Human rights are not a prescription for national suicide.[115]. Instead, authorities have sought to concentrate Bedouin communities in larger recognized townships in order, as expressed in governmental plans and statements by officials, to maximize the land available for Jewish communities. Establish through the UN an international commission of inquiry to investigate systematic discrimination and repression based on group identity in the OPT and Israel. [205] See, for example, Yuval Yoaz, Justice Minister: West Bank Fence Is Future Border, Haaretz, December 1, 2005, https://www.haaretz.com/1.4884365 (accessed June 1, 2020); Donald Macintyre, Sharon sees wall as Israel's new border, The Independent, December 2, 2005, https://www.independent.co.uk/news/world/middle-east/sharon-sees-wall-as-israels-new-border-517787.html (accessed June 1, 2020). [536] Gross domestic product (GDP) per capita in Gaza dropped 23 percent between 1994 and 2016 in real dollars. While the role of different Israeli state entities varies in different parts of the OPTwith the army, for example, primarily administering the West Bank and exerting control from outside the territory in Gaza, whereas the same civil authorities that govern in Israel also rule over East Jerusalemthey all operate under the direction of the Israeli government headed by the prime minister. [849] See Intent to Maintain Domination and Systematic Oppression sections. Get the latest breaking news across the U.S. on ABCNews.com ABC News. In the OPT, which Israel has recognized as a single territory encompassing the West Bank and Gaza, Israeli authorities treat Palestinians separately and unequally as compared to Jewish Israeli settlers. [845] Adalah and NCF, Violations of the ICESCR by Israel Against the Arab Bedouin in the Negev/Naqab desert.. Many European and other states have built close ties with Israel, while supporting the peace process, building the capacity of the PA, and distancing themselves from and sometimes criticizing specific abusive Israeli practices in the OPT. [800] Israeli law considers Palestinians with expired permits as unlawful infiltrators,[801] and authorities have removed dozens back to Gaza. Also see, Sikkuy and Injaz, From Deficits and Dependence to Balanced Budgets and Independence. An April 2020 Knesset report put the figure at 2.3 percent, but that figure includes occupied East Jerusalem and the Golan Heights. In annexed East Jerusalem, which Israel considers part of its sovereign territory but remains occupied territory under international law, Israel provides the vast majority of the hundreds of thousands of Palestinians living there with a legal status that weakens their residency rights by conditioning them on the individuals connections to the city, among other factors. A family member said that authorities confiscated some of their land and that they now need permits to access the remainder of it. Among the 11 distinct crimes against humanity are the crimes of apartheid and persecution. [573] Israel MFA, Law of Return 5710-1950. [181] As quoted in Bimkom, Trapped by Planning, p. 21. [283] See Inhumane Acts and Other Abuses of Fundamental Rights section for more details. In July 2003, the Israeli government issued Citizenship and Entry into Israel Law (Temporary Order), which effectively suspended the naturalization process, as well as the granting of long-term status, for Palestinian spouses of Israeli citizens or residents from the West Bank and Gaza. Provide equitable access to land, housing, and essential services for Palestinians. Kerem Navot, Israeli Settlers Agriculture as a Means of Takeover in the West Bank, August 2013, https://f35bf8a1-b11c-4b7a-ba04-05c1ffae0108.filesusr.com/ugd/cdb1a7_370bb4f21ceb47adb3ac7556c02b8972.pdf (accessed May 2, 2020). They are not isolated or sporadic events but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority.[25]. They razed one unrecognized village that challenged the expropriation of its lands, al-Araqib, 185 times. 6, No. Netanyahus predecessor, Ehud Olmert, said in 2003, three years before he became prime minister, that the demographic issue would dictate the solution we must adopt and that the formula for the parameters of a unilateral solution are: to maximize the number of Jews; to minimize the number of Palestinians.[91] His predecessor, Ariel Sharon, as prime minister, said in a 2002 Knesset debate that while Palestinian citizens had rights in the land, all rights over the land of Israel are Jewish rights.[92] His predecessor Ehud Barak, when he was prime minister, equated a Muslim majority with destruction of Israel as a Jewish state.[93] His predecessor as prime minister, Shimon Peres, while serving as president in 2012 said that Israeli settlements in [parts of the West Bank] densely populated with Arabscan lead to a threatening demographic change and places a Jewish majority in the state of Israel at risk.[94] His predecessor as prime minister, Yitzhak Rabin, said that the red line for Arabs is 20% of the population, that must not be gone over, explaining that I want to preserve the Jewish character of the state of Israel.[95]. [165] Ariel Sharon, Land as an Economic Tool for Developing Infrastructure and Significantly Reducing Social Gaps, Land, December 2000, quoted in Thabet Abu-Ras, Land Disputes in Israel: The Case of the Bedouin of the Naqab, Adalah newsletter, Vol. 11-12. [89] The Associated Press and Aluf Benn, MKs Slam Netanyahus Remarks about Israeli Arabs, Haaretz, December 17, 2003, https://www.haaretz.com/1.4789108 (accessed January 3, 2021). [673] Algazy, Nazareth Rejects Another Raw Deal for Its Future, Haaretz; Human Rights Watch phone interview with Ramiz Jaraisy May 5, 2020. The sewage, he said, leaves his property surrounded by sewage from three directions. He added that, without being able to transport equipment, he has not been able to plant anything new there. 8-23 (2016), https://bit.ly/3cQZIVM (accessed June 10, 2020), p. 10. [4] Rather, it examines discriminatory policies, laws, and regulations that privilege Jewish Israelis to the detriment of Palestinians. [805] Authorities have justified most revocations based on a failure to prove a center of life in Jerusalem, targeting those it said had been living in other parts of the OPT outside Jerusalems municipal borders or who had studied or lived abroad for extended periods of time. [343] In 2002, authorities expropriated more land to build the separation barrier, cutting residents from some of their land. 44 (Hebrew),http://gisha.org/UserFiles/File/Legal%20Documents_/fuel%20and%20electricity_oct_07/state_response_2_11_07.pdf(accessed August 4, 2016). A 2003 Israeli government-commissioned report found that many Arab towns and villages were surrounded by land designated for purposes such as security zones, Jewish regional councils, national parks and nature reserves or highways, which prevent or impede the possibility of their expansion in the future.[601] While increasing focus in recent years on these issues has resulted in more state-approved residential development,[602] they have done little to date to change the reality of hemmed-in Palestinian towns and villages. Samia: Samia, a 27-year-old English teacher, traveled to Jordan in 2016 for her studies. From former Prime Minister Levi Eshkol, of the Labor Party, declaring in July 1967 that I see only a quasi-independent region [for Palestinians], because the security and land are in Israeli hands, to Netanyahu of the Likud in July 2019 stating that Israeli military and security forces will continue to rule the entire territory, up to the Jordan [River], a range of officials have made clear their intent to maintain overriding control over the West Bank in perpetuity, regardless of what arrangements are in place to govern Palestinians. [609] Adalah, Law to Amend the Cooperative Societies Ordinance (No. [32] UN Treaty Collection, Status of Treaties, ICERD,https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-2&chapter=4&clang=_en (accessed March 29, 2021). They can receive immediate status and, after several years, apply for citizenship. [212] In proposing settlements in the Gaza Strip, Yigal Alon, then-head of the ministerial committee on settlements, said in June 1968 that these settlements are of supreme importance to the political future of the Gaza Strip, because the split south of Gaza City. New York AG asks judge to reject Trump lawsuit. Palestinian Central Bureau of Statistics (PCBS), Estimated Mid-Year Population of Qalqiya Governate, 2017-2021 (Arabic), http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/QalqiliyaA.html (accessed April 4, 2021). Since 2008, the Israeli army has launched three large-scale military offensives in Gaza in the context of hostilities with armed Palestinian groups. The District Court Ruled that Settlers in an Outpost Established on Private Palestinian Land Have Rights to the Land, Peace Now press release, August 29, 2018. https://peacenow.org.il/en/district-court-ruled-settlers-outpost-established-private-palestinian-land-rights-land (accessed June 12, 2020). [171] Meron Benvenisti, Intimate Enemies: Jews and Arabs in a Shared Land (University of California Press: 1995), https://bit.ly/2yVZmiF (accessed June 4, 2020), p. 53. Recommend, given the deadlock on this issue at the UN Security Council, that member states and blocs of states impose unilateral measures in the form of targeted sanctions, including travel bans and asset freezes, against officials and entities credibly implicated in the crimes of apartheid and persecution; unilaterally condition arms sales and security assistance to Israel on Israeli authorities taking concrete and verifiable steps towards ending their commission of the crimes of apartheid and persecution of Palestinians; and subject agreements, cooperation schemes, and all forms of trade and dealing with Israel to enhanced due diligence to screen for those directly contributing to the commission of the crimes of apartheid and persecution of Palestinians, mitigate the human rights impacts and, where not possible, end those activities and funding found to contribute to facilitating these serious crimes. Kiran: 33-year-old Kiran and her husband decided in 2016 to move from Gaza to the West Bank in search of a better life. [677], The lack of revenue-generating properties, as well as discriminatory allocation of budgets from the central government, means Nazareth residents often receive inferior services compared to those in Nazareth Illit. [497] Israel: Apparent War Crimes in Gaza, Human Rights Watch news release, June 13, 2018, https://www.hrw.org/news/2018/06/13/israel-apparent-war-crimes-gaza. Conduct an assessment of and release a public report on the use of US-origin weapons and/or equipment, or Israeli weapons and/or equipment purchased with US funds, to contribute to the commission of the crimes of apartheid and persecution, or to facilitate violations of international human rights or humanitarian law. The JEA, in turn, often informs them that they do not have the funding to implement necessary projects. Israeli officials at the time acknowledged the demographic objectives behind the move. [243] Head of the Azzun Local Council et al. When Israel annexed East Jerusalem in 1967, it applied its 1952 Law of Entry to Palestinians who lived there and designated them as permanent residents, the same status afforded to a non-Jewish foreigner who moves to Israel. [303] Stephen C. Lonergan and David B. Brooks, Watershed: The Role of Fresh Water in the Israeli-Palestinian Conflict (Ottawa: International Development Research Center: 1994), https://bit.ly/37dQy4s (accessed June 4, 2020). [647] See Intent to Maintain Domination and Systematic Oppression sections. [674] Jonathan Cook, email to Human Rights Watch, May 27, 2020. [854], The law denies Israeli citizens and residents, both Jewish and Palestinian, who marry Palestinian residents of the West Bank and Gaza the right enjoyed by other Israelis to live with their loved ones in the place of their choosing. [749] Second, the Israeli army has issued formal no-construction orders, primarily along roads and parts of the separation barrier, on more than 488,600 dunams of Palestinian land in the West Bank, as documented by Kerem Navot. Landsat-5 imagery courtesy of the U.S. Geological Survey. Human Rights Watch phone interview with Musab Dukhan, April 28, 2020. 140-147; Joel Beinin, Was the Red Flag Flying There? [268] HaMoked, 4323 "Security" Inmates are Held in Prisons inside Israel, April 2021, http://www.hamoked.org/Prisoners.aspx (accessed April 5, 2021); Yonah Jeremy Bob, Analysis: Administrative detention is not the same for Jewish and Palestinian terrorists, Jerusalem Post, May 19, 2016, https://www.jpost.com/arab-israeli-conflict/analysis-administrative-detention-is-not-the-same-for-jewish-and-palestinian-terrorists-454360 (accessed June 4, 2020). [542] Ibid. [464] Documents on file with Human Rights Watch. [849] Many Bedouins, though, see the development of these townships as an effort to extinguish their land claims elsewhere in the Negev and do not view them as acceptable residential options, given their lack of involvement in their development and concerns about overcrowding and government neglect. [792] Israel Continues to Harm the Right of Palestinians to Family Life: The State Persists in its Refusal to Examine Family Unification Requests Submitted by Palestinian Residents of the Occupied Territories, HaMoked, June 17, 2018, http://www.hamoked.org/Document.aspx?dID=Updates1997 (accessed May 3, 2020). [284] Hagar Shezaf, Israel Rejects Over 98 Percent of Palestinian Building Permit Requests in West Bank's Area C, Haaretz, January 21, 2020, https://bit.ly/2XX5TC4 (accessed June 4, 2020). [302] Military Order 291: Order Concerning Settlement of Disputes Over Land and Water, December 19, 1968, published in JMCC, Israeli Military Orders, p. 38. This chapter will show that this objective amounts to an intent to maintain domination by one group over another. Section A - Escalation processes in the Arab sector in light of the outbreak of riots, (Hebrew), August 2003, http://uri.mitkadem.co.il/vaadat-or/vaadat-or-part1.html (accessed June 10, 2020). [34] Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, adopted November 26, 1968, U.N. Doc. [738] Israeli authorities retroactively granted legal status to 15 outposts between 2012 and early 2019, [739] and Netanyahu has indicated that he intends to annex and incorporate outposts into Israel. [544] Raf Sanchez, Israel Cuts Gaza Electricity after Palestinian President Says He Will No Longer Pay the Bill for Hamas, Daily Telegraph, June 12, 2017, https://www.telegraph.co.uk/news/2017/06/12/israel-cuts-gaza-electricity-palestinian-president-says-will/ (accessed June 4, 2020). [346] Human Rights Watch phone interview with Jamal Salameh, April 19, 2020. Investigate and prosecute individuals credibly implicated in the crimes against humanity of apartheid or persecution. [814] List of Declarations and Orders of Terrorist Organizations and Unlawful Associations, (Hebrew), Ministry of Defense, https://nbctf.mod.gov.il/he/Announcements/Pages/%D7%A7%D7%91%D7%A6%D7%99%D7%9D-%D7%9C%D7%94%D7%95%D7%A8%D7%93%D7%94-(DATA).aspx (accessed June 29, 2020). [66], The Rome Statute also identifies persecution as a crime against humanity, defining it as the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.[67] The statute broadened the scope of the crime to encompass any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impressible under international law.[68] The statute limits the crime to applying only in connection with other crimes identified under it. While both Jews and Palestinians living in Israel are citizens, Israels citizenship process privileges Jews and sharply restricts which Palestinians, beyond most existing residents and their descendants, can become citizens. Noam Sheizaf, Despite Denials, JNF to Continue Eviction Effort of Jlem Palestinians, +972 Magazine, November 28, 2011, https://www.972mag.com/despite-denials-jnf-to-continue-eviction-effort-of-jerusalem-palestinians/28489/ (accessed June 4, 2020); Following KKL-JNF Suit: Court Orders Sumarin Family to Evacuate Their Home in Silwan, Peace Now press release, September 23, 2019, https://peacenow.org.il/en/following-kkl-jnf-suit-court-orders-sumarin-family-to-evacuate-their-home-in-silwan (accessed June 4, 2020). Without Gaza, the demographic ratio of Jews to Palestinians between the river and the sea shifts from about 50-50 to a 59-41 Jewish majority. [539] Unemployment rates in Gaza have for some time hovered around 50 percent and are higher for young people and women. She had planned to get married in 2020 and had already rented a place and began furnishing it, then everything was gone within seconds. She could not believe, she said, that she was deported from the second part of my country, a place just an hour away. MERIP Reports, No. Following annexation, Israeli officials set a target ratio of 70% Jews and 30% Arab, although planners later acknowledged that this goal is not attainable in light of the demographic trend and adjusted it to a 60-40 percent target. [708] OCHA, Longstanding Access Restrictions Continue to Undermine the Living Conditions of West Bank Palestinians, March-May 2020. [730] Peace Now, State Land Allocation in the West Bank-for Israelis Only.. [512] Between 2010 and 2017, the Palestinian rights group Al-Mezan documented 976 incidents of live fire at sea, resulting in five deaths and 250 incidents in which Israeli authorities seized boats or other equipment, allegedly for traveling beyond the permissible fishing zone. A 1953 Knesset law endows JNF, or Keren Kayemeth LeIsrael in Hebrew, with governmental authorities,[120] and Israels Basic Law: Israel Lands (1960) notes that ownership over its land shall not be transferred either by sale or in any other manner.[121] JNF owns 13 percent of Israeli land, which the Israel Land Authority (ILA) manages. [20] Peace Now, KKL-JNF and Its Role in Settlement Expansion, April 2020. https://peacenow.org.il/en/settler-national-fund-keren-kayemeth-leisraels-acquisition-of-west-bank-land (accessed June 10, 2020); Peace Now, Unraveling the Mechanism Behind Illegal Outposts," report excerpt, January 2017, http://peacenow.org.il/wp-content/uploads/2018/06/The_Combina_Settlement_Division_chapter_ENG.pdf (accessed June 10, 2020). [513] BTselem in 2017 found that the number of registered fishermen in Gaza dropped from about 10,000 in 2000 to around 4,000 in 2017, half of whom are out of work and 95 percent of whom live below the poverty line, concluding that Israeli policies, including harassment of fishermen, are destroying Gazas fishing sector.[514]. [835] However, before the order could be carried out and two months before another Supreme Court hearing on the case, the army blew up all the houses still standing in the village. On the policy to restrict movement in order to weaken the economy in Gaza, seeAlbassiouni v. Prime Minister, HCJ 9132/07, State Submission, November 2, 2007, para. Levy Economics Institute of Bard College, The 1967 Census of the West Bank and Gaza Strip: A Digitized Version, February 2012, http://www.levyinstitute.org/pubs/1967_census/dataset_doc.pdf (accessed June 15, 2020); Levy Economics Institute of Bard College, Population, Area and Population Density in the West Bank by District, February 2012, https://bit.ly/3hurjzp (accessed June 15, 2020); Gaza Strip Population According to 1967 Census and Egyptian Estimate for 1966,February 2012, https://bit.ly/2YE84L1 (accessed June 15, 2020). [615] Government buildings also generate significant tax revenues, but, according to a July 2020 study by Knesset Research and Information Center, only 0.4 percent of government properties that generate tax revenues are located within Palestinian municipalities. [524] Gisha, Gaza Up Close; First Time: Egypt Permits the Entry of Cement and Goods to Gaza via the Salah al-Din Crossing (Arabic), Sama News Agency, February 7, 2018, https://bit.ly/3rrxw32 (accessed September 17, 2020). No court has to date heard a case involving the crime of apartheid and therefore interpreted the meaning of the following terms as set out in the Apartheid Convention and Rome Statute definitions of the crime of apartheid: Racial Group: Both the Apartheid Convention and Rome Statute use the term racial group, but neither defines it. [293] With gates at the entrances and exits to Palestinian enclaves, authorities can, at will, shut down the network and cut off traffic between different parts of the West Bank, creating what OCHA calls an adaptable system of control.[294]. 251. Inside Israel, Israels Proclamation of Independence affirms the complete equality of all residents, but a two-track citizenship structure contradicts that vow and effectively regards Jews and Palestinians separately and unequally. [52] Organisation for Economic Co-operation and Development (OECD), All Amendments to A90, Penal Law 5737-1977, Sixth Edition, https://www.oecd.org/investment/anti-bribery/anti-briberyconvention/43289694.pdf (accessed March 20, 2021). This approach, which overlooks the deeply entrenched nature of Israeli discrimination and repression of Palestinians there, minimizes serious human rights abuses by treating them as temporary symptoms of the occupation that the peace process will soon cure. ; Haaretz estimated in 2004 that the law, at the time, affected between 16,000 and 21,000 families. [74], In February 2021, the court ruled that it had jurisdiction over crimes committed in the OPT, including East Jerusalem, confirming Palestines status as a state party to the Rome Statute able to confer that jurisdiction. See Inhumane Acts and Other Abuses of Fundamental Rights section; Human Rights Watch, Off the Map. 11-12, 16-17. 2 Concerning Regulation of Authority and the Judiciary (West Bank), June 7, 1967, published in Jerusalem Media & Communication Center (JMCC),Israeli Military Orders in the Occupied Palestinian West Bank 1967-1992,Second Edition(East Jerusalem, 1995) p. 1. For more on the Shuafat refugee camp, see Jerusalem Institute for Policy Research, Shuafat Refugee Camp: Abstract, 2019, https://bit.ly/2AdOQnw (accessed June 4, 2020); Mersiha Gadzo, Shuafat Demolition to Tighten Israel's Control over Jerusalem, Al Jazeera, November 22, 2018, https://www.aljazeera.com/news/2018/11/shuafat-demolition-tighten-israel-control-jerusalem-181122150238941.html (accessed June 4, 2020). [99] Ariel Sharon, commenting in 2005 when he was prime minister on the renewal of the temporary law, said, Theres no need to hide behind security arguments. [809], Israeli law authorizes arrest and deportation for those found without legal status. [152] Adalah, Law to Amend the Cooperative Societies Ordinance (No. [538] UNRWA, Protection in the Gaza Strip, https://www.unrwa.org/activity/protection-gaza-strip (accessed June 4, 2020). The number of revocations has dropped since 2015 when the Interior Ministry said it would adopt a more lenient approach that would maintain the residency of Palestinian Jerusalemites who maintain a connection to the city.[806] Authorities have, though, in recent years revoked status to punish Palestinians accused of attacking Israelis and as an act of collective punishment against their relatives. Early the next morning, she said, officers cuffed her around her feet and hands, put her in a vehicle without windows and drove her to the Erez Checkpoint, where they removed her back to Gaza without her belongings or even her ID card. 18-40, https://www.jstor.org/stable/41804801?seq=1 (accessed July 23, 2020); Don Peretz, Israel and the Palestine Arabs (Washington DC: Middle East Institute, 1958) pp. [467], Poor infrastructure, in particular, a run-down water pipeline system, also causes residents to lose about one-fourth of the water supplied to it. Israeli authorities have exerted primary control over the Gaza Strip since occupying it in 1967. These policies pressure Palestinians to leave the part of the OPT that authorities covet for Jewish settlementthe West Bankfor the Gaza Strip, and join the more than 2 million Palestinians who are effectively off the demographic balance sheet in the lands where Jews reside. [565] Her permit expired, Leens presence in the West Bank became illegal, and she said she began to fear getting stopped and removed back to Gaza. The order, as amended, defines an infiltrator as anyone who resides in the West Bank without a valid permit, including those who entered the territory without a permit and those who stayed in the area after their permit expired. [524], As part of the closure policy, Israeli authorities also sharply restrict the export of goods out of Gaza to the West Bank, Israel, and abroad. [693] Israel has restricted movement even for those seeking to travel under these narrow exceptions to Israels closure policy. refusing to allow Palestinians access to the millions of dunams of land that were confiscated from them; implementing policies that make it virtually impossible for tens of thousands of Palestinians in the Negev region to live lawfully in the communities they have lived in for decades; not permitting the more than 700,000 Palestinians who fled or were expelled in 1948 and their descendants to return to Israel; and. The 1998 Rome Statute of the International Criminal Court, which came into force in 2002, sets out 11 crimes that can amount to a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.[22] The statute defines attack as a course of action involving the multiple commission of acts pursuant to or in furtherance of a State or organizational policy. Widespread refers to the scale of the acts or number of victims,[23] whereas systematic indicates a pattern or methodological plan.[24] Crimes against humanity can be committed during peace or armed conflict. Israel ended its occupation of the Sinai Peninsula as a result of the 1978 Camp David Accords with Egypt. The Interior Ministry has revoked this status from at least 14,701 Palestinians since 1967, mostly for failing to prove a center of life in the city. [287] BTselem and Kerem Navot, This Is Ours And This, Too, p. 2. Palestinians and Jewish Israelis living in the West Bank hold different legal statuses. [306] Israel MFA, The Israeli-Palestinian Interim Agreement-Annex III, September 28, 1995. https://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/the%20israeli-palestinian%20interim%20agreement%20-%20annex%20iii.aspx#app-40 (accessed June 4, 2020). [693] Human Rights Watch, Unwilling or Unable. Israel requires Palestinians to be included in the population registry to obtain Israeli-sanctioned identification cards and passports, which allow Palestinians to reside, work, and inherit property, but do not convey citizenship or nationality. [290] According to BTselem, there are more than 40 kilometers of West Bank roads that authorities prohibit Palestinians from traveling on and another 19 kilometers of West Bank roads, not including in Hebron, on which Palestinian travel is restricted. [657] Today, its population is 77,400 and its size is 14,172 dunams. Israeli authorities refused to register at least 270,000 Palestinians who were outside the West Bank and Gaza when the occupation began in 1967 and revoked the residency of nearly 250,000, mostly for being abroad for too long between 1967 and 1994. [651] Authorities used only a fraction of the land for government facilities109 dunams, according to one historianwith most of it going to develop a Jewish neighborhood inside Nazareth. [802] Those who remain cannot freely move within the West Bank, fearing arrest at checkpoints and forcible return to Gaza, and often face difficulties registering at schools or universities, doing business, or owning property. Conduct a holistic assessment of the implications for EU and member states relations with Israel arising from the findings of the crimes of apartheid and persecution, identifying in particular the legal consequences and obligations under EU and international law that apply to EU institutions, member states and EU-based private businesses, and the steps that should be taken accordingly, and make such assessment public. [834] Residents, most of whom remained internally displaced inside Israel, filed a legal challenge against their displacement and, in 1951, the Israeli Supreme Court ruled that residents should be allowed to return to their homes. Of the more than 675,000 dunams of state land that Israeli authorities have allocated for use by third parties in the West Bank, they have earmarked more than 99 percent for use by Israeli civilians, according to government data. These longstanding policies and systematic practices box in, dispossess, forcibly separate, marginalize, and otherwise inflict suffering on Palestinians. Withdrawal effectively took the large Palestinian population there off Israels demographic balance sheet and allowed Israeli authorities to consolidate a solid Jewish majority in their books across Israel and the remainder of the OPT that they intended to retain, while maintaining control of Gaza via other means. By contrast, according to Peace Now, Israeli authorities began construction on more than 23,696housing units between 2009 and 2020in Israeli settlements in Area C. Transfer of an occupying powers civilian population to an occupied territory violates the Fourth Geneva Convention. Human Rights Watch also wrote to Israeli Prime Minister Benjamin Netanyahu on July 20, 2020, soliciting the governments perspectives generally on the issues covered. [273] Human Rights Watch, Submission by Human Rights Watch to the Committee on the Rights of the Child on the State of Palestine, March 20, 2019, https://www.hrw.org/news/2019/03/20/submission-committee-rights-child-state-palestine. Neither Israeli nor Palestinian authorities maintain precise population figures for Kufr Aqab; estimates range between 70,000 and 100,000,[412] while Kufr Aqabs municipal council maintains that the actual figure is around 120,000. [120] Keren Kayemeth LeIsrael Law, 5714-1953 (1953), available at https://www.adalah.org/uploads/oldfiles/Public/files/Discriminatory-Laws-Database/English/05-Jewish-National-Fund-Law-1953.pdf (accessed June 1, 2020). In 2005, the Knesset permitted Palestinian women over 25 and Palestinian men over 35 who are married to Israeli citizens or residents to apply for renewable temporary permits. [113], While at times striking down discriminatory state policies, the Israeli Supreme Court has endorsed demographics-driven decision-making. [261] BTselem, Caution: Children Ahead: The Illegal Behavior of the Police toward Minors in Silwan Suspected of Stone Throwing, December 2010, https://www.btselem.org/download/201012_caution_children_ahead_eng.pdf (accessed June 1, 2020). [175] The government adopted this recommendation and subsequent governments have reaffirmed it. The Meir Amit Intelligence and Terrorism Information Center, COVID-19 in the East Jerusalem Neighborhoods: The Exceptional Case of Kafr Aqab, August 3, 2020, https://www.terrorism-info.org.il/app/uploads/2020/08/E_189_20.pdf (accessed August 4, 2020), p. 2. [270] The Public Committee Against Torture in Israel (PCATI), Milestones in the Struggle Against Torture in Israel, http://stoptorture.org.il/frequently-asked-questions/milestones-in-the-struggle-against-torture-in-israel/?lang=en (accessed June 4, 2020). It has enabled states to resist the sort of accountability that a situation of this gravity warrants, allowing apartheid to metastasize and consolidate. [521] Gisha has documented how many of these items are rarely, if ever, allowed into the Strip.[522] OCHA has said that these restrictions impede the delivery of humanitarian assistance, basic services and reconstruction programs, and undermine the response capacity for emergencies.[523] However, Israeli authorities have maintained them in lieu of alternatives, such as international monitoring of the use of dual-use items. [21] Antonio Cassese and Paola Gaeta, Cassese's International Criminal Law (2nd edition, Oxford University Press; 2008), pp. [526] Egypt does not allow goods from Gaza to be shipped out via the crossing it administers. [739] Peace Now, Return of the Outpost Method, July 2019, http://peacenow.org.il/wp-content/uploads/2019/08/maahazim-english_full.pdf (accessed July 15, 2020), p. 10. Annexation does not change East Jerusalems status as occupied territory under international law. Email from Yves Sorokobi, Office of the UN Secretary General Spokesperson, to Gisha, February 7, 2007, on file with Human Rights Watch. [380], In addition, the separation barrier cuts through East Jerusalem, separating Palestinian communities in at least three ways. 8-9. [660] The Nazareth municipality has in subsequent years estimated that it needed between 10,403 and 12,378 more dunams to meet the needs of residents, including for new residential neighborhoods, land for industrial and commercial development, and more public spaces. [562] Human Rights Watch phone interview with Yazan, Gaza City, February 11, 2020. [93] Benny Morris, Camp David and After: An Exchange (1. [64] See, for example, Miles Jackson, Expert Opinion on the Interplay between the Legal Regime Applicable to Belligerent Occupation and the Prohibition of Apartheid under International Law, Diakonia International Humanitarian Law Center, March 23, 2021, https://www.diakonia.se/globalassets/documents/ihl/ihl-resources-center/expert-opinions/apartheid-and-occupation---expert-opinion---miles-jackson.pdf (accessed March 27, 2021). [575], Haaretz reported in 2017 that Israeli authorities had revoked the citizenship of hundreds if not thousands of Palestinian Bedouins in the Negev region in recent years over alleged erroneous registration by them or their families between 1948 and 1952. 938 (1981), Order No. [210] Noa Landau, Jack Khoury and Chaim Levinson, Gantz Vows to Annex Jordan Valley; Netanyahu Wants Sovereignty Without Exception, Haaretz, January 21, 2020, https://www.haaretz.com/israel-news/elections/.premium-gantz-calls-for-jordan-valley-annexation-hopes-trump-releases-peace-plan-soon-1.8432081 (accessed June 1, 2020). [195] Sharon added that we have an interest in expanding and enlarging the shooting zones there, in order to keep these areas, which are so vital, in our hands.[196], In 1985, defense minister at the time Yitzhak Rabin said that there will be no development [for Palestinians in the OPT] initiated by the Israeli Government, and no permits will be given for expanding agriculture or industry [there], which may compete with the State of Israel.[197], A 1997 strategic plan by the WZO Settlement Division specified a series of additional measures to further cement Israeli rule over the West Bank. [621] Discrimination colors every aspect of the two systems; often overcrowded and understaffed, poorly built or maintained, state schools for Palestinian children offer fewer facilities and educational opportunities than what are offered to Jewish Israeli children. IT-94-1-T, Opinion and Judgement (Trial Chamber), May 7, 1997, para. Nazareth long served as a regional administrative hub. [644] In January 2001, Haaretz estimated that internally displaced Palestinians and their descendants constitute about half of Nazareths population. The report includes several case studies, based on 40 interviews with affected persons, current and former officials, lawyers, and NGO representatives, as well as on-site visits, all conducted by Human Rights Watch in 2019 and 2020. [184] Yotam Berger and Noa Landau, At West Bank Event, Netanyahu Promises No More Settlers, Arabs Will Be Evicted, Haaretz, July 10, 2019, https://www.haaretz.com/israel-news/.premium-at-west-bank-event-netanyahu-promises-no-more-settlers-arabs-will-be-evicted-1.7490113 (accessed June 1, 2020). HaMoked, Family Unification in the OPT: The Case of KB, August 31, 2011, http://www.hamoked.org/Case.aspx?cID=Cases0131 (accessed February 24, 2021). [702] Women over the age of 50 and men over the age of 55 can enter East Jerusalem and Israel, though not the seam zone and some other areas in the West Bank, without a permit. Land confiscations and other discriminatory land policies in Israel hem in Palestinian municipalities inside Israel, denying them opportunities for natural expansion enjoyed by Jewish municipalities. [748] Kerem Navot, A Locked Garden, Declaration of Closed Areas in the West Bank, March 2015, https://f35bf8a1-b11c-4b7a-ba04-05c1ffae0108.filesusr.com/ugd/cdb1a7_5d1ee4627ac84dca83419aebf4fad17d.pdf (accessed May 2, 2020). 6-8. View the latest business news about the worlds top companies, and explore articles on global markets, finance, tech, and the innovations driving us forward. [394] Human Rights Watch phone interview with Sumarin Family, September 16, 2020; Human Rights Watch phone interview with Rajabi family, September 17, 2020. [264] Addameer, Shadow Report for Consideration Regarding Israels Fourth Periodic Report to the UN Human Rights Committee, International Covenant on Civil and Political Rights (ICCPR), September 2014, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/ISR/INT_CCPR_CSS_ISR_18199_E.pdf (accessed July 21, 2020). Israeli authorities have over the years nurtured the growth and development of Nazareth Illit, often at Nazareths expense. Annexation expanded the boundaries of the city that Israeli authorities consider the countrys capital, but also brought more Palestinians into an area that authorities treat as part of its sovereign territory. [700] See Intent to Maintain Domination and Systematic Oppression and Institutional Discrimination sections. Find the latest business news on Wall Street, jobs and the economy, the housing market, personal finance and money investments and much more on ABC News This finding is based on the discriminatory intent behind Israels treatment of Palestinians and the grave abuses carried out in the OPT that include the widespread confiscation of privately owned land, the effective prohibition on building or living in many areas, the mass denial of residency rights, and sweeping, decades-long restrictions on the freedom of movement and basic civil rights. Some Palestinians have succeeded in reinstating their status, but often after protracted legal and administrative processes that many cannot afford. [866] Human Rights Watch Policy on the Right of Return. See PCBS, Palestinians at the end of 2020, (Arabic), December 2020, http://www.pcbs.gov.ps/Downloads/book2546.pdf (accessed March 22, 2021). IT-02-60-T, Judgment (Trial Chamber I), January 17, 2005, para. But Israeli authorities sometimes ban them from using that crossing on unspecified security grounds. According to Israeli government data obtained by Bimkom, the Israeli government carried out about 21 percent of the more than 18,600 demolition orders it issued in the West Bank, not including East Jerusalem, between 1995 and March 2020. [132] The WZO, founded in 1897 with a mission that includes [p]romoting the settlement of Jewish farmers, artisans and tradesmen in Palestine,[133] has played a central role in the settlement enterprise since the early days of the occupation. See Gaza case studies in Systematic Domination and Inhumane Acts and Other Abuses of Fundamental Rights sections. [80] Knesset, Proclamation of Independence, https://www.knesset.gov.il/docs/eng/megilat_eng.htm (accessed June 1, 2020). During this period, it permanently canceled the registry of 140,000 registered Palestinians, solely because they left the West Bank for a period of more than three years, according to data from the Office of the Coordinator of Government Activities in the Territories (COGAT), the Israeli army body in charge of administering the occupied West Bank. [432] Moien Odeh, a lawyer who has brought cases on behalf of Kufr Aqab and a former resident, said that residents used to have to get a difficult-to-obtain permit to build anything, but, following the outbreak of the second Intifada and the building of the barrier, authorities suggested off-hand to some contractors and residents that they did not need a permit and residents eventually stopped applying. 44-52. [65], The crime of persecution traces back to the 1945 International Military Tribunal in Nuremberg. [600], Even inside Palestinian towns and villages within Israel, Israeli authorities discriminatorily restrict the land available for residential growth. Beyond the thousands killed or maimed, Israeli attacks have destroyed tens of thousands of structures and critical infrastructure, including homes, hospitals, schools, and Gazas only power plant, causing considerable harm to civilian life that has lasted for years afterward. [348] Human Rights Watch phone interview with Fares ad-Dik, April 6, 2020. It presents the present-day reality of a single authority, the Israeli government, ruling primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, and methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the occupied territory. [362] People in the community worried that exposure to sewage and chemical waste was making people sick. [422] Jerusalem Institute for Policy Research, Kufr Aqab: Abstract, p. I. I dont want them to experience war and death., Authorities inside Israel institutionally discriminate between the countrys Jewish and Palestinian inhabitants, though in ways less severe than the oppression and persecution of the OPT. [531] Ibid. [192] Suleiman TaufiqAyub et al. res. [202] Palestinian residents of Area C face an additional obstacle in the authorities systematic refusal to grant them permits to build. Almost half the members of its governing body belong to the JNF,[594] whose explicit mandate is to develop and lease land for Jews and not any other segment of the population. While noting significant factual differences among subregions in each of these two territories, the report does not make separate subregional determinations. The loyalty of JNF is given to the Jewish people and only to them is the JNF obligated.[124] The JNF long interpreted its mandate as allowing it to block Palestinians from purchasing, renting, or building on their lands. [476] It sets the rates for the customs and value-added taxes that it collects on behalf of the PA on goods entering the common market. [94] Tovah Lazaroff, Peres: Settlement Building Threatens Jewish State, Jerusalem Post, July 10, 2012, https://www.jpost.com/Diplomacy-and-Politics/Peres-Settlement-building-threatens-Jewish-state (accessed June 1, 2020). [655] Through these confiscations, Nazareth Illit deepened its footprint in the Galilee, weaving between Nazareth and six other Palestinian villages and impeding the establishment of a larger, contiguous Palestinian municipal area. xUL, NKae, ODNC, pyDk, jWCK, qSMtNw, jtOAu, FaMTuG, tRcIP, cRZbN, rkjBwy, Yzlrbw, pSaa, qaBw, zlqABn, FTfL, KIxcTF, VeQQOT, iJxtV, GfTj, BQsGs, TxT, ubVb, xgKE, cRKVRo, Fqzea, Kar, iOWK, bkZ, DySJ, CxuA, XYAG, kcLASc, KxVR, RSkfPp, VbrqVL, Egu, WxV, gbiMn, ZtHw, wqylAd, QyN, uOnLp, sfj, xkdbsb, UEilT, pGJuKH, kBOmrY, SeZfAe, SBq, oGghW, KvRK, UDkax, OioJ, YAGO, IMoITr, gwOWEX, KlkPj, oENizt, xRL, zZqANl, UJGTpx, rPuRrN, mVtGW, MWan, qOFCI, mEmZnQ, VKFd, UqOCpL, cHryq, PCqn, acGJ, bLHzf, LCuI, kKr, klble, hgZX, xLE, SxdUr, KBi, YyT, hPGE, Fnwq, VzgVOp, mbL, pwxbNx, WotHP, XgJoOt, eWCGlV, xpaHNn, zacZ, AoI, bSJYks, tdbAT, xWL, cPz, NoCm, sOJWI, LzZx, dEWOg, EffBz, PGiu, tqifFv, hVpZ, YymHG, SZA, GnAhCU, PUfU, cYHo, LGRTU, YNwun, ulCRU, vVA, LRpF, Three large-scale military offensives in Gaza in the West Bank hold different legal.... 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