Israel's policies regarding the use of land in the rest of the West Bank display three interlocking aspects, all designed around a project of Judaization of what was Palestinian territory. These policies consist in a planning for land use b expropriations of land and c the construction of settlements. Israel never finalized the undertaking with regard to Area C to transfer zoning and planning from the Israeli to the Palestinian authorities within five years and all administrative functions continued to remain in its hands.
The early occupation set severe limits on public investment and comprehensive development programmes in the territories. British and Arab commercial banks operating in the West Bank were closed down soon after Israel assumed power there. Bank Leumi then opened nine branches, without successfully replacing the earlier system. The Israeli licensing system stipulated no industrial plant could be built without obtaining a prior Israeli permit, which was often tied to security concerns. Entrepreneurs were denied a permit for a cement factory in Hebron, melon production was forbidden, imports of grapes and dates banned, to protect Israeli farmers, and limits were set to how many cucumbers and tomatoes could be produced.
In a military order stopped attempts by Palestinians to register their land, while permitting Israel to register areas as state land with its own Custodian of Enemy Property. Under international law, a military may take temporary possession of occupied land, but not expropriate it. This practice, after Palestinians appealed was blocked by the High Court in the case of Elon Moreh If a claim is made, but the Custodian has sold it to a settler group in the meantime, the sale cannot be nullified even if invalid.
Israel modified this by delegating the power to regional military commanders, and by abolishing the requirement to publish the intention to expropriate in an official gazette. Appeals were dealt with no longer local courts but by the military court system. Palestinians regard sale of their to Jews as treasonable, so the law was altered to enable Jewish buyers to withhold registration of property acquired from Palestinians for 15 years.
Many fraudulent practices in this regard flourished until they were formally stopped by law in Ariel Sharon viewed the primary function of settling the West Bank as one of precluding the possibility of the formation of a Palestinian state, and his aim in promoting the invasion of Lebanon was to secure perpetual control of the former. A continuity has often been observed between the Realpolitik [x] processes governing the creation of Israel and the practices adopted with regard to the West Bank.
Early Zionist policy for land appropriation was outlined by Menachem Ussishkin  in and, aside from voluntary sales, foresaw the need also to seize land by war and compel sale through expropriation via the ruling authority. The technique developed over the decades of early settlement was one of incremental spread, setting up tower-and-stockade outposts, a pattern repeated in the West Bank after During the first decade of Israel occupation, when the Israeli Labour Party held power, settlement was concentrated on constructing a ring of "residential fortresses" around the Palestinian population of Jerusalem, and in the Jordan Valley.
According to Ibrahim Matar, the purpose of this colonizing strategy around Jerusalem was to hem in and block the expansion of the Palestinian population, and to incentivize Palestinian emigration by inducing a sense among the Palestinians a sense of living in a ghetto.
Between and , settlement was small-scale [ae] totaling the transfer of 3, Israelis into the West Bank. By the end of Labour's term of power in , 4, Israelis had established themselves in 30 West Bank settlements and some 50, in settlements in East Jerusalem. The local Palestinian press was forbidden by the military censors at the same time from reporting any news about settlements, expropriations or legal moves made to block them.
After the Oslo Accords down to , the settler population doubled. In the number of Israeli settlers in Area C were 1,, in ,, and in , excluding East Jerusalem. In that one year, they calculate, Israel confiscated a further 41, hectares, demolished homes — displacing 2, people — uprooted 13, trees, and subjected Palestinians and their property to assault on some distinct occasions. From to , successive Israeli governments assisted the transfer of some , Jewish civilians into West Bank and Gaza settlements and approximately outposts.
The majority of Israeli West Bank agriculture arises from contracts with the World Zionist Organization that bypass direct contracts with the Israeli Land Regulating Commissioner, and many were given to use private Palestinian land. One technique used to established settlements was to set up a paramilitary encampment for army personnel to be used for agricultural and military training for soldiers. These were then slowly transformed into civilian settlements,  often without official approval.
On occasion, creating settlements is hailed as a measure to punish Palestinians collectively, as a reaction to a Palestinian killing of a settler, or in response to the granting of non-member observer status to the Palestinian State by the United Nations, an announcement which generated plans for a further 3, settler homes in the West Bank. By the early eighties, several authoritative observers, among them Eyal Benvenisti , already concluded that the settlement expansion was close to a point of no return from total annexation. Israeli settlements form an upper-middle-class oasis of green grass, shopping malls, and swimming pools amidst open desert and enclaves of Palestinian refugee camps, villages, and towns with limited access to water.
They now form the predominant block and number an estimated 60, Before proceeding with settlement, the government sought legal advice from their resident expert on international law, Theodor Meron. The International Court of Justice also determined that Israeli settlements in the West Bank were established in breach of international law in their advisory opinion on the West Bank barrier. Though settler vigilantism dates back to the late s, when they were authorized to bear arms in self-defense — one ordinance exempted them from military service in Israel while drafting them into West Bank units and another gave them powers to demand Palestinians provide identification and even to arrest them  — settler terrorism formally dates back at least to the Jewish Underground movement of the early s, which began by targeting and severely maiming, through the deployment of car bombs , West Bank mayors such as Bassam Shakaa of Nablus , and Karim Khalaf of Ramallah.
Only two died as a result of clashes. From such settler violence escalated rapidly, an uptick that coincided with a dramatic fall in Palestinian terror attacks. In , settler attacks took place, a figure which doubled to over by Of the latter, nearly consisted in attacks on Palestinian property, causing Palestinian casualties, and the destruction of roughly 10, trees.
Writing in , Daniel Byman and Natan Sachs judged that the pattern of settler violence was "undoubtedly working" and achieving its ends, by influencing the way Palestinians view Israelis, strengthening the hand of terrorists among them, and by seeding fears in the Israeli government that any pullout in exchange for peace will lead to conflict with settlers and a political disaster for the political parties involved. West Bank Palestinians have engaged in two uprisings that have led to an asymmetric set of wars of attrition , between the occupying power and the occupied people.
In the case of the parliamentarian Azmi Bishara , he was stripped of his immunity rights in the Knesset in order to pave the way for a criminal indictment on this charge. International law does not address the issue regarding the rights of an occupied people to resist an occupation which flagrantly violates fundamental human rights.
The two fundamental preconditions for containing conflict — clearly defined borders and rough power parity between the parties at war — are absent,  with a pronounced economic and military disparity favouring Israel. In terms of armaments, Israel is reputed to have "the strongest and best-equipped army of the Middle East"  The arsenal at Israel's disposal to counteract major Palestinian uprisings ranges from F fighters , Merkava tanks , [aq] Apache helicopters , [ar] Hellfire missiles , massive armoured D9 Caterpillar bulldozers.
The Israeli techniques for daily dispersing protesting crowds differ according to the ethnicity of the protestors. With Jewish settlers by and large the methods are those policing approaches used in Western countries, and they are reported as not intervening when settlers go on the rampage against Palestinians.
With Palestinians, contrariwise, military tactics are adopted, and observers such as B'Tselem claim lack of proportionality and recourse to firearms is characteristic. In the first Intifada, snipers targeted youths primarily to maim them, with dum dum shots to the right arm biceps crippling their use by stone-throwers for life. The mainstay of Palestinian armed resistance techniques to the occupation during the First Intifada, which was generally non-lethal, [ax] consisted of throwing stones during clashes with at Israeli troops, or at military and settler vehicles bearing their distinctive yellow number plates, together with tire-burning, hurling Molotov cocktails and setting up roadblocks.
Years later, a spiral in escalation led to the increased use of knifing and Palestinian suicide attacks corresponding to the expansion of deployment of warplanes, helicopters, and recourse to assassinations by Israel. This flared up into a large-scale military confrontation when, according to Ma'ariv , , rounds of ammunition were fired at West Bank crowds protesting the shooting of Palestinians in and around the Haram al-Sharif ,  killing Palestinians, of whom 33 were teenagers.
The earlier ratio of was only reestablished by The overall historic pattern of Palestinian violence in comparative terms, according to Nathan Thrall , appears to be far less participatory and deadly than other examples of local resistance to a foreign occupation. The four major outbreaks all began in civic demonstrations and strikes which, when violently repressed, led to a resort to violence.
For Jan Selby, there are five central planks to consolidate territorial colonization: a settlement construction; b land confiscation and engineering a bypass road network c drawing the local economy into dependence on Israel's larger one; d the creation of a dual legal system with different laws for Palestinians and Jewish settlers, with subsidies favouring the latter and e seeking local clients and patrons who would act according to Israel's bidding, and, in lieu of success in this regard, increased repression.
Israel was one of the High Contracting Parties to the Fourth Geneva Convention dealing specifically with protection of civilians in a war zone, and, as a signatory, underwrote Article 49 which reads:. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
This final clause is absolute, allowing of no exceptions, and was ratified by Israel when it signed the Geneva Conventions on 6 July The principle is unambiguous — "an occupier cannot expel a single person, however much that person constitutes a security risk". According to one estimate, between and some 1, individuals were deported by Israel, including two whole tribes, dispatched into exile en masse from the area of the Jordan Valley in December and May To provide legal warrant for these measures, which contravene the Fourth Geneva Convention, Israel applied law going back to the British Mandatory government 's Defence Emergency Regulations which predated the Geneva Convention by 4 years.
Mossad assassinated with a car-bomb the three senior Fatah officials organizing the event in Limassol , and then sunk the ship in the port. The forced transfer of Palestinians still takes place in the West Bank: in the Israeli Supreme Court gave the green light to expel the people of Khan al-Ahmar from their township to a rubbish dump outside Abu Dis. He had been raised since the age of 3 in the Jenin Refugee Camp. Israel seeks to deport him to Brazil, though he speaks no Portuguese, his mother is Uruguayan and his Palestinian father deserted the family to return to Brazil in and has not been heard from since.
Israel's use of collective punishment measures, such as movement restrictions, shelling of residential areas, mass arrests, and the destruction of public health infrastructure. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited [bh].
Collective punishment of Palestinians goes back to British mandatory techniques in suppressing the revolt. House demolition is considered a form of collective punishment. From the outset of the occupation of the Palestinian territories down to , according to an estimate by the ICAHD , it has been estimated that Israel has razed 48, Palestinian structures, with a concomitant displacement of hundreds of thousands of Palestinians.
Israel regards its practice as directed against houses built without Israeli permits or a form of deterrence of terrorism, since a militant is thereby forced to consider the effect of his actions on his family. Between September and the end of , of the 4, homes the IDF razed in the territories, , housing 3, people were undertaken as punishment because a member of a family had been involved in the Al Aqsa insurgency.
Even huts by shepherds, on which taxes have been duly paid, can be demolished. From , almost every aspect of ordinary everyday Palestinian life was subject to pervasive military regulations, calculated to number of 1, by , from planting trees and importing books, to house extensions.
Obtaining such permits has been described as a via dolorosa. During the first Intifada at one point Israel imposed a month closure on all schools in the West Bank, including kindergartens, suggesting to at least one observer that Israel was intentionally aiming to disrupt the cognitive development of Palestinian youths.
The units, whose members are often masked and accompanied by dogs, arrive in full battle gear and secure entry by banging on doors or blowing them off their hinges. Surging blips in frequency may relate to rotation of new units into an area. Most occur in villages in close proximity to settlements.
Political Decision Making and Non-Decisions
Such missions have several different purposes: to arrest suspects, conduct searches, map the internal structure of a dwelling, and photograph youths to improve recognition in future clashes. Laptops and cellphones are often seized, and, if returned, not infrequently damaged. Vandalism is commonplace, with looted objects given to needy soldiers or those on low pay, as in Operation Defensive Shield. The practice by Israeli military units of raiding, making arrest in, and ransacking Palestinians homes deep in the night is a long-standing practice, persisting to the present day.
In just three days over 21—23 January , 41, 24 and 32 separate raids were made [bl] In Israel made 6, raids inside the occupied territories. An estimated , Palestinians were detained by Israel from to ,  one in three of all Palestinians in the first two decades alone. It was considered by one scholar in as an "an aberration of criminal justice" of a provisory nature. States are obliged under the Fourth Geneva Convention to prevent torture, including mental suffering.
Rachel Stroumsa, the director of the Public Committee Against Torture in Israel , torture has been an abiding characteristic of Israeli methods of interrogation of Palestinians.
The the Landau Commission examined some abuses and concluded "moderate physical pressure" was acceptable. The practice was then banned by Israel's High Court, barring case-by-case authorizations by the Attorney-General. The Hebrew army slang term tertur is associated with policies introduced by Rafael Eitan , who ordered army troops and border police to engage in repeated arrests and the humiliation of large numbers of the Palestinian population in the territories. This refers to practices such as the wholesale roundups that took place whenever West Bank Arabs staged nationalist demonstrations.
Israeli border police have been witnessed forcing Arabs to sing the Israeli national anthem, slap each other's faces and crawl and bark like dogs. The police have also arrested thousands of Arabs each year on "security" charges, which have ranged from blatant terrorism to simply reading blacklisted books. Ill-treatment of Palestinian children in the Israeli military detention system appears to be widespread, systematic and institutionalized. In law, the prohibition against such practices is "absolute and unconditional," and even security considerations or threats of war cannot override the rule.
Children constitute half of the Palestinian population, and though often construed as "mute victims or misguided puppets", they actively engage in the resistance, with some arguing that in doing so they forfeit their rights. According to the Swedish branch of Save the Children , between 23, and 29, children required medical treatment after suffering injuries from IDF beatings during the first two years of the First Intifada, a third of them aged 10 or under.
A further 90 were killed with two or three gunshot wounds. The official "Master Plan for the Development of Samaria and Judea to the year " foresaw the creation of a belt of concentrated Jewish settlements linked to each other and Israel beyond the Green line while disrupting the same links joining Palestinian towns and villages along the north-south highway, impeding any parallel ribbon development for Arabs and leaving the West Bankers scattered, unable to build up larger metropolitan infrastructure, and out of sight of the Israeli settlements.
One observed function of the Separation Barrier is to seize large swathes of land thought important for future settlement projects, notoriously in the case of the area of Susya absorbing land worked by Bedouin herders with proven Ottoman title to the terrain. A whole generation of West Bankers have never seen the city, or the Haram al Sharif , a denial of international law stipulating the right of access to sites of worship. The Israeli-Palestinian conflict is characterized by a legal asymmetry, [bs] which embodies a fragmented jurisdiction throughout the West Bank,  where ethnicity determines what legal system one will be tried under.
According to the legal framework of international law, a local population under occupation should continue to be bound by its own penal laws and tried in its own courts. However, under security provisions, local laws can be suspended by the occupying power and replaced with military orders enforced by military courts  In , Israel amended its Security Code in such a way that international law could no longer be invoked before the military judges in their tribunals. This was ruled in by the Israeli Supreme Court to be discriminatory, and that Israeli law must apply in this area, but as of , according to Human Rights Watch , the ruling has yet to be implemented, and the government states that it cannot enforce compliance.
The Universal Declaration of Human Rights establishes freedom of movement as a fundamental human right. It has been said that for "Jewish settlers, roads connect ; for Palestinians, they separate. The result was to cantonize and fragment Palestinian townships, and cause endless obstacles to Palestinians going to work, schools, markets and relatives. The closure Hebrew seger , Arabic ighlaq policy operates on the basis of a pass system developed in ,  and is divided into two types: a general closure restriction the movement of goods and people, except when a permit is given, from and to Israel and the West Bank and Gaza, developed in response to a series of stabbings in the former , and the implementation of total closure over both areas.
Aside from general closures, total closures were imposed for over days from September after the Declaration of Principles of the Oslo I Accord and late June The IDF erected iron gates at the entrances to the overwhelming majority of Palestinian villages, allowing the army to shut them down at will, in minutes. Towards the end of the Gulf War in Kuwait , Israel again imposed a curfew on the West Bank and Gaza lasting seven weeks, causing devastating economic setbacks, with thousands of Palestinians fired from their jobs in Israel.
It is routine for the Israeli authorities to impose a comprehensive closure over the West Bank during Jewish holidays  like Yom Kippur , Pesach , Sukkot and Rosh Hashanah , with an exception made for Jewish industrial areas in the territory. The reason given is to prevent terror attacks, and also to enable security personnel at checkpoints time off to enjoy these holidays. Coming to terms with the problem of the Palestinian right of return while negotiating for UN recognition in , Israel came up with a family reunification programme , and was granted membership on the understanding that it would comply with international law in this regard.
They were frozen in Families composed of a Jerusalemite spouse and a Palestinian from the West Bank or Gaza face enormous legal difficulties in attempts to live together, with most applications, subject to an intricate, on average decade-long, four-stage processing, rejected. Women with "foreign husbands" those lacking a Palestinian identity card , are reportedly almost never allowed to rejoin their spouse.
The Citizenship and Entry into Israel Law Temporary Provision , or CEIL , subsequently renewed in imposed a ban on family unification between Israeli citizens or "permanent residents" and their spouses who are originally of the West Bank or Gaza. Such a provision does not apply, however, to Israeli settlers in the West Bank or until Gaza.
In such instances, the prohibition is explained in terms of "security concerns". A Jerusalemite Palestinian who joins their spouse in the West Bank and thereby fails to maintain seven years of consecutive residence in East Jerusalem can have their residency right revoked. Targeted assassinations are acts of lethal selective violence undertaken against specific people identified as threats.
Rumours emerged in the press around September that Israel had drawn up a wanted list, several of whom were subsequently killed, and it was speculated that the time Israel might be operating " death squads ". In its decision regarding the practice, the Israeli Supreme Court in refrained from either endorsing or banning the tactic, but set forth four conditions — precaution, military necessity , follow-up investigation and proportionality [bt] - and stipulated that the legality must be adjudicated on a case by case analysis of the circumstances.
Of the 8, violent Palestinian deaths registered from to , were executed following the identification of individuals based on information gathered from collaborators. Israel, in its capillary monitoring of Palestinians has been called a Surveillance state par excellence. Soon after hostilities ceased, Israel began to count all items in households from televisions to refrigerators, stoves down to heads of livestock, orchards and tractors. Letters were checked and their addresses registered, and inventories were drawn up of workshops producing furniture, soap, textiles, sweets and even eating habits.
While many innovations were introduced to improve workers' productivity, they can also be seen as control mechanisms. One former Israeli intelligence officer involved in Unit likened the surveillance system to that in the German film The Lives of Others , with the difference, in his view, that the Israeli monitoring was more efficient. While the Israeli public thinks, he stated, that this surveillance is focused on combating terrorism, in practice a significant amount of intelligence gathering targets innocent people with no record for militancy. No Palestinian was, he claimed, exempt from non-stop monitoring.
IOI ", amended by "Order No. The civil and military censorship bureaus could overturn each other's decisions, making publishing permits increasingly difficult. Obituaries mourning the dead, or expressing pride in the fallen ould be challenged. One of the first things Israel captured on conquering the West Bank were the archives of the Jordanian Security Police , whose information allowed them to turn informers in the territory for that service into informers for Israel.
These methods include exploiting people who have been identified as suffering from personal and economic hardships, people requesting family reunification, or a permit for medical treatment in Israel. In interrnational law no occupying power has the right to impose taxes in addition to those existing before the occupation  Under Military Order 31 of 27 June Residences were raided every day and business machinery, any equipment for commercial purposes, refrigerators, jewelry, money, household furniture and at times memorabilia, were confiscated.
The effect was to virtually wipe out Beit Sahour's productive base. The pastoral economy was a fundamental wing of the Palestinian economy. An Israeli drilling permit could not be obtained, leading most of those involved in the project to emigrate to the U. Destruction of agricultural goods was considerable during the second intifada.
In the five months following its outbreak, 57, olive trees, 49, citrus trees, 22, stone-fruit trees, 11, date palms, 12, banana trees and 30, grapevines were uprooted. In the first two years, taking in the damage wrought by Israel in both the West Bank and the Gaza Strip, according to Cheryl Rubenberg , , trees were extirpated and 3,, square metres of agricultural land destroyed.
The Oslo Accords foresaw a supplementary 70—80 million cubic metres to be supplied, but in two decades only about half of this additional supply had been provided. The olive tree, aside from its economic function, is a symbol of Palestinian nationhood, of their quest for independence, much as the pine introduced by Zionist arboriculture.
It has mopped up unemployment caused by job loss in Israel after the outbreak of the Second Intifada and is called colloquially shajara el-fakir pauper's tree , and regarded as holy shajara mubaraka. Israeli officials see olive grove cultivation as "one of the best ownership techniques around".
Following an Ottoman practice of uprooting olive trees to punish tax evasion, Israel began destroying groves, but with the expressed purpose of increasing security for settlements, and visibility for its internal West Bank road system servicing the colonial infrastructure. Construction of the Separation Barrier , erected predominantly on West Bank land, led to the uprooting of tens of thousands of olive trees. In just one village, Qafeen , the wall's route led to the uprooting of 12, trees of this variety, while alienating the inhabitants from their groves with a further , trees left on the Israeli side in a seam-zone, which they may access only once a year.
The collateral effect of loss for potential employment runs close to upper estimate 10, jobs. The World Bank has observed that only 35 per cent of irrigable Palestinian land is actually irrigated, which costs the economy , jobs and 10 per cent of GDP. Israel placed restrictive policies on West Bank users. Differentials in costs of supply to Palestinians and settlements, which consumed 8 to 10 times what Palestinians were allowed, was blatant: settlements paid 0.
Water consumption by Israeli settlers in the Territories is roughly eight to ten times that of Palestinians. Water is sold to Israeli settlements for 0. Israel ratified the international Basel Convention treaty on Israel on 14 December , according to which, any transfer of waste must be performed with an awareness of the dangers posed to the disempowered occupied people.
It forbids the creation among them of "environmental sacrifice zones. The military authorities do not render public the details of these operations. These materials consist of such things as sewage sludge, infectious medical waste, used oils, solvents, metals, electronic waste and batteries. Within Israel strict environment laws apply. Of settlements studied in , 81 had wastewater facilities, many subject to breakdown, with sewage flowing into streams affecting Palestinian villages nearby. Few pollution indictments result in action. Israel built 4 plants for Palestinian waste in the s: only one was functioning , and Israeli budgetary problems were cited for the lack of adequate infrastructure that left most Palestinian sewage untreated.
Even if a permit is given without this agreement, settler waste under military escort is still dumped there. The Israeli Antiquities Law of foresaw expropriations of any site necessary for preservation, excavation or research. In the Israeli High Court ruled that Israeli archaeological work in the West Bank may be kept off the public record. Albert Glock , among others, argued that the thrust of archaeology has been to interpret the Palestinian past in Christian and Jewish Zionist terms, in the latter instance, providing a charter for the occupation, to the detriment of the Palestinian cultural heritage.
The West Bank is a key attraction for pilgrims and tourists and has a rich heritage of deep significance for members of the Abrahamic religions. After the loss of East Jerusalem cut off potential gains to the West Bank economy from tourism. Israeli obstacles make Palestinian recreational access to, or development of tourist infrastructure around, the Dead Sea difficult.
According to the Hague Conventions Article 55 an occupying power may reap some value from the resources of the country occupied but not deplete its assets: the usufruct must benefit the people under occupation. The Oslo Accords agreed to the transfer of mining rights to the Palestinian Authority. Israel has given concessions for 11 settlement quarries to operate. Many Israeli businesses operate in the West Bank, often run by settlers who enjoy the benefits of government subsidies, low rents, favourable tax rates and access to cheap Palestinian labour. Human Rights Watch claims that the "physical imprint", with 20 Israeli industrial zones covering by some 1, hectares, of such commercial operations, agricultural and otherwise, is more extensive than that of the settlements themselves.
The restrictions on Palestinian enterprise in Area C cause unemployment which is then mopped up by industrial parks that can draw on a pool of people without job prospects if not in settlements. Israeli policy aimed to impede any form of Palestinian competition with Israeli economic interests. High tariffs imposed by Israel on imports from countries outside the area of Israel meant Palestinian consumers had a choice of paying high prices for imported goods from foreign countries, or purchasing them from high-cost Israeli suppliers. Israel can withhold that revenue as a punitive measure, as it did in response to the decision by the PA to adhere to the International Criminal Court in A World Bank study concluded that "Very few economies have faced such a comprehensive array of obstacles to investment -- not just of physical impediments to movement, but also comprehensive institutional and administrative barriers to economies of scale and natural resources, along with an unclear political horizon and the inability to predictably plan movement of people and goods".
Under the Oslo Accords, Israel agreed that the Palestinian territories had a right to construct and operate an independent communications network. In a World Bank analysis concluded the provisions of this agreement had not been applied, causing notable detrimental effects to Palestinian development. It took 8 years for Israel to agree to a request for frequencies for 3G services , though they were limited, causing a bottleneck which left Israeli competitors with a distinct market advantage.
The local Wataniya mobile operator 's competitiveness suffered from Israeli restrictions and delays, and illegal Israeli operators in the West Bank, with 4G services available by that date, still maintained an unfair advantage over Palestinian companies. Israel imposes three other constraints that hamper Palestinian competitiveness: restrictions are imposed on imports of equipment for telecom and ICT companies , and movement to improve the development and maintenance of infrastructure in Area C, and finally, Palestinian telecommunications accessing international links must go through companies with Israeli registration.
From to , they concluded, progress in negotiating resolutions to these problems had been "very slim". A joint study by the Palestinian Ministry of National Economy and researchers at the Applied Research Institute—Jerusalem argued that by the costs of occupation amounted in alone rose to The indirect cost to the Israeli economy for defense outlays and maintaining operations in the territories has also been substantial.
One analysis has concluded that the costs of maintaining Israel's occupation is a contributing factor to the rise of poverty in Israel, where poverty levels have jumped from one in ten families in the s, compared to one in five at present. Many studies, following the work of Daniel Bar-Tal and Gavriel Salomon , have analyzed the emergence and consolidation of an "ethos of conflict", one of what they see as three key components of Israeli Jewish society — the others being collective memory of the conflict and collective emotional orientations — which have developed to cope with the stress of an intractable conflict.
This complex can be broken down into eight societal values informing a unilateral outlook: a The justice of Israel's cause; b Security including national survival c Positive collective ethnocentric in-group images; d One's Own Victimization; e Delegitimizing the adversary by denying their humanity, allowing one to harm them; f Patriotism; g Beliefs reinforcing social solidarity, by ignoring internal disagreements; h Belief that peace is the goal.
A concern for security in Israel has been said to "vastly exceed the norm for other Western countries". Knowledge of this background, he argued,  was useful for assessing Israel's "export" of its methods, to countries like Guatemala , Honduras , Nicaragua , El Salvador and Sri Lanka , in some of which existed similar configurations of policy involving land, domination and exploitation, population policy, and terror.
The Israeli techniques of urban warfare against Palestinians in their towns and villages territories has influenced many other military powers. The high-tech security and urban warfare systems, and the surveillance devices developed while securing the occupation particularly during the Al-Aqsa Intifada, have turned Israel into one of the major exporters of such systems in the world. Israel has become a pioneering leader in the manufacture of drones , border surveillance sensors , with the commercial advantage of having these devices "battle-tested" in the "laboratories" of the occupied territory.
Henriksen writes that The Israel Defense Forces' IDF military actions have been — and are — a crucible for methods, procedures, tactics, and techniques for the United States, which faces a similarly fanatical foe across the world in the Global War on Terror From Wikipedia, the free encyclopedia. Israeli-occupied territories. Southern Lebanon occupation Sinai occupation. Jordan Valley annexation. Main article: Media coverage of the Arab—Israeli conflict. Further information: Jordanian annexation of the West Bank. Main article: Six-Day War.
Further information: East Jerusalem. Main article: Area C West Bank. Main article: Land expropriation in the West Bank. Main articles: Israeli settlement and List of Israeli settlements. Main article: International law and Israeli settlements. Main articles: Israeli settler violence and Price tag policy. Main article: Israeli permit system in the West Bank. Main article: Education in the State of Palestine.
Main article: Palestinian prisoners of Israel. Main article: Israel and torture in the occupied territories. Main article: Children in the Israeli—Palestinian conflict. Further information: Israeli law in the West Bank settlements. Main articles: West Bank , Israeli checkpoint , and Palestinian freedom of movement.
Main article: West Bank closures. Main article: Palestinian right of return. Main articles: Israeli targeted killings and List of Israeli assassinations. Main article: Censorship in the West Bank. Main article: Taxation in the State of Palestine. Main article: Agriculture in the Palestinian territories.
Main article: Water supply and sanitation in the State of Palestine. Main article: West Bank. Main article: Politics of archaeology in Israel and Palestine. Main article: Communications in the Palestinian territories. The proclamation kept in force local law that existed on 7 June , excepting where contradicted by any new proclamation or military order. Israel did not accept this passage of a claim to sovereignty, nor asserted its counter claim, holding that the Palestinian claim of sovereignty is incompatible with the fact that Israel is, in law, a belligerent occupant of the territory.
It could refer equally to any Muslim who had recently taken up residence in Jerusalem but who had been born elsewhere within the Empire". From to al-mustawtin "one who has turned the land into his homeland" and al mustawtana came to the fore to denote respectively settlers and settlements in the West Bank and Gaza. The establishment of such a Jewish State will serve as a means in our historical efforts to redeem the country in its entirety We will expel the Arabs and take their places..
The greater the military advantage in relation to the Arab armies grew and the closer Israel came to developing a nuclear weapon, the larger and more extensive the IDF 'punitive operations' became. With the massive raid on Samu in November , Israel destroyed 'the unwritten agreement which had neutralized the Jordan-Israel border', in the words of King Husayn.
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When an armoured brigade commander, on his own initiative, penetrated further east and reported having Jericho in his sights, Dayan angrily ordered him to turn his force around. It was only after Military Intelligence reported hours later that King Hussein had ordered his forces to retreat across the river that Dayan agreed to the capture of the entire West Bank. On the operational level — the tactical and strategic level — the Israeli narrative can be condensed into just none word:security.
It trumps every other consideration.. In the West there is often impatience with Israel's obsessive preoccupation with security. Palestinians are particularly puzzled, since Israel possesses the sixth most powerful military machine in the world and enjoys total domination over the capabilities of any army in the Arab world. They believe Israelis invoke the collective 'never again' memory of the Holocaust as a negotiating ploy to justify their unreasonable demands on security issues. The mountain ridge — not the lowlands along the Jordan — was the strategic land Israel needed, Dayan asserted".
The presence of civilians across the West Bank does not assist defense and strains security forces, sucking up much of their resources, adding endless points of friction and extending the army's lines of defense. This myth is so pervasive that more than half of all Israelis believe that the settlements are good for national security. The origins of this illusion lie in the conflation of two very different aspects of Israel's presence in the Occupied Territories since military presence and civilian presence.
It implies subordinating the well-being and freedoms of those individuals and their descendants to the well-being and interests of members of the settler group". As settler colonial phenomena are essentially defined by processes where an exogenous collective replaces an indigenous one, there is an underlying and uninterrupted continuity of intent that recurring and sustained Zionist attempts to distinguish between pre- and post Israeli circumstances are unable to disguise".
Furthermore, Israel is, like the states of the Americas and South Africa, a settler state established through the forcible displacement, and subjugation of the indigenous population". The problem is that settlement is a lexeme that dangles free of any socially compelling connotation and is devoid of political context. It is not, however, the universal term of choice to describe the Israeli undertaking in the OP. The French prefer the term colonization, taken from their own historical vocabulary, where it was used synonymously with the English expression of "planting colonies.
The term colonization was, in fact, the term of choice for many of the early Zionists as well. In the s, the settlers of the first aliyah wave of Jewish immigration to Palestine between and named their form of settlement moshavs , the Hebrew equivalent of colony. Arthur Ruppin , head of the World Zionist Organization's Jaffa office, titled his book The Agricultural Colonization of the Zionist Organization in Palestine , and Ze'ev Jabotinsky not only used the term in his famed article On The Iron Wall but sought to dispel any confusion about its meaning and significance as follows:"Colonization carries its own explanation, the only possible explanation, unalterable and clear as daylight to every Jew and every Arab with his wits about him.
Ian Lustick puts the figure at 44, Yata is poor, dry, unfinished, littered with the inevitable flotsam and jetsam of modern Palestine-the wrecks of old cars, the dusty grocery shops, the graffiti left over from the last election, the sheep and goats and barefoot children, the disintegrating old stone houses dwarfed by ugly, recent buildings, the medieval ruins overgrown by scraggly grass and thorns. Recall the language of Article 'The Occupying Power shall not transfer its own civilians into the territory it occupies' emphasis added.
On the Foreign Minister's reading, even if the Geneva Convention applies, voluntary transfers do not violate it, because the Occupying Power is not doing the transfer. Precisely because Arab antisemitism's fantasies are far more thoroughly grounded in reality than those of their European predecessors, a necessary, although admittedly insufficient, precondition for deconstructing those fantasies will be a radical transformation of Israel's borders and policies towards Arabs both within and outside of the state".
Contrary to popular belief, the origins of 'Price Tag' do not lie with the spontaneous action of some wayward teens. This is a carefully thought-out strategy set in motion by the very heart of the settler establishment — the Regional Councils in the West Bank , which initially also oversaw implementation". An example is the relationship between a colonial power and the colonized people.
The individual citizens of the colonial state might be in favour of the self-determination of the colonized population, but from an objective structural point of view, they are part of the dominator side and from this they benefit". Second, and conversely, 'forcible resistance to forcible denial of self-determination—by imposing or maintaining colonial or alien domination—is legitimate according to the Declaration. Finally, third-party governments can treat such movements as legitimate without encroaching on the rights of the state exercising control over the territory and its inhabitants.
Palestinians would give up moral claims, acquiescing in the denial of their right to return and bestowing legitimacy on their dispossessors by recognizing the vast majority of their homeland as a Jewish state. Israelis, by contrast, would be committing to a physical withdrawal from land under their full control. The crucial difference between these two types of assets is that, once the parties had accepted the parameters, only the intangible ones would disappear.
The land, by contrast, would remain in Israel's possession until the parties reached a comprehensive settlement, an outcome that an agreed framework by no means guarantees". If the former, then the objective is to wear down one's adversary in a battle of wills through such stratagems as looking for the tactical high ground, refusing to budge, and fighting for every inch and centimeter by wrangling over even seemingly trivial technical details, if the latter, then the enemy's bargaining position is best taken by storm by using intimidating and bluff The basic inclination is to assume neither goodwill nor magnanimity on the part of the Arab opponents".
Members of humanitarian agencies were not allowed inside the areas of operation. Living like this you must constantly resist the twin temptations of either acquiescing in the jailer's plan in numb despair, or becoming crazed by consuming hatred for your jailer and yourself, the prisoner. This effort, in the main, was not lethal, and the protesters did not use live-fire weapons.
The juxtaposition of technologies is striking.
Political decision making and non-decisions: the case of Israel and the Occupied Territories
Offensively and defensively, Palestinians wield stones, one of the earliest forms of weaponry known to humankind. With the Palestinian Authority or militants unable to counter the overwhelming military superiority of the Israeli Defense Forces IDF , it is the child protestors who continue to engage and frustrate the occupiers'. The beginning of slashing with knives is sometimes dated to the immediate aftermath of the killing of 18 Palestinians on the Black Monday clashes of 8 October , after they threw stones at Jews at prayer at the Western Wall.
A lone wolf, Omar Abu Sirah, then ran amok killing three Israelis with his butcher's knife. This however was a one-off event for the period. You cannot, Mr Prime Minister, explain this ratio in the number of [killed and] wounded. You cannot make anyone believe that the Palestinians are the aggressors If you continue to fire from helicopters on people throwing rocks, and you continue to refuse an international inquiry, you are turning down a gesture from Arafat". In , of a population of 1. The violence that Palestinians did lead over the decades was many times less deadly than struggles against foreign occupiers elsewhere in the world.
From the first Palestinian riots in until the end of June , according to Israeli government sources, fewer than four thousand Jews forty per year were killed as a result of Palestinian violence, including the Intifadas and wars in Gaza.
With the sole exception of caning, all of these tactics had, by the end of the Second Intifada, become standard practice in Israel's management of the occupied territories". Additionally, the PRCS headquarters in Al-Bireh was hit on several occasions by heavy machine gun fire from Israeli soldiers located at the nearby illegal Israeli settlement, Psagot ". He is waving papers - one a receipt from the tax authorities, confirming that he has paid taxes on the land he owns here in the village; the other a demolition order issued by the Civil Administration against his makeshift tent-cum-hut, which he points out to me as he cries: 'Why do they want to destroy my house?
Where can I go? Can I go to America? I have nothing and they want to take that nothing from me. Can you help me? Where am I supposed to go? Considering that whole corps of soldiers were engaged in battering away at defenseless citizens, it is hardly surprising that thousands of Palestinians — many of them innocent of any wrong-doing — were badly injured, some to the point of being handicapped.
There were countless instances in which young Arabs were dragged behind walls or deserted buildings and systematically beaten all but senseless. The clubs descended on limbs, joints, and ribs until they could be heard to crack- especially as Rabin let slip a 'break their bones' remark in a television interview which many soldiers took as a recommendation, if not exactly an order". This expansion was backed by a tight check over the development of Palestinian villages and towns, where hundreds of houses on private lands were demolished every year on the grounds that they were illegal or, more recently, a threat to the security of Jewish settlers.
Other forms of Palestinian commercial and public development were stifled by the restrictive policies of military government, in effect ghettoizing the locals in their towns and villages and making them dependent on distant Jewish employment. From onwards, Israel has been a state with its own territory, internationally recognized borders, a clear political agenda, a defined foreign policy, and a powerful and well-organized army.
In contrast, the Palestinians had to fight to move from the status of 'non-existence' — if not as 'refugees' — to recognition as a nation, with their own right to a national state. Also, during the years of the British Mandate , despite the fact that both Jews and Arabs were living in Palestine under British power, legal asymmetry was evident.
Jews were recognized as a nation whose rights were guaranteed by the text of the Mandate, while the Palestinians were not. This asymmetry had not existed at the beginning of the conflict when some Eastern European Jews started to immigrate to Palestinian territory, at the time under the sovereignty of the Ottoman Empire. In response to a terrorist threat or an insurgency, be it armed or unarmed, the IDF employs the same sort of response — disproportionate response — striking both combatants and noncombatants at once when it is impossible to strike one without hitting the other, with a certain degree of intentional excess, while trying to refrain from spilling over into mass crime..
Disproportionate response is.. Junior soldiers can decide when someone is a target for the collection of information. There is no procedure in place to determine whether the violation of the individual's rights is necessarily justifiable. The notion of rights for Palestinians does not exist at all.
Not even as an idea to be disregarded. If you need emergency medical treatment in Israel, the West Bank or abroad — we searched for you. The state of Israel will allow you to die before we let you leave for treatment without giving information on your wanted cousin". The legal norm that has had the most effect on the shaping of tree struggles in the West Bank is Article 78 of the Ottoman Land Code to the Hijra , the Muslim calendar.
Put simply, Article 78 grants a long- time cultivator the right of adverse possession Article 78 of the Ottoman Land Code states that "every one who has possessed and cultivated Miri land for ten years without dispute acquires a right by prescription [ The Beit El settlement's rabbi Zalman Melamed permits of only one exception, i.
There's a terrible distortion, an enormous economic cost in addition to the huge military burden". The project of settling the West Bank was based on flaunting Israeli law from the outset the Passover feast held to stake a claim in Hebron, the settling of Sebastia , and later the proliferation of outposts that are illegal even under Israeli law. Forging documents, deceiving authorities, flagrantly breaching the law — all these are what made the massive land grab possible, along with the covert mechanisms for channelling taxpayer funds into the settlements far from the public eye". Officials utilized Israeli-like reasoning to justify the assassination of 'Ali Qaed Sinan al-Harithi and five others including a U.
Journal of Palestine Studies. Spring Abdulhadi, Rami S. Summer Abdullah, Daud 28 August Middle East Monitor. Abowd, Thomas Philip Jerusalem Quarterly 7 : 6— Afflitto, Frank M. In Springwood, Charles Fruehling ed. Berg Publishers.
Aharony, Michal 15 November Ahronheim, Anna 2 October The Jerusalem Post. Ajluni, Salem Spring Journal of Comparative Family Studies. Algazy, Joseph Spring—Summer Arab Studies Quarterly. Allabadi, Fadwa; Hardan, Tareq Jerusalem Quarterly 65 : 69— Aloni, Adam December Amnesty International Summer Middle East Journal. Anthony, C.
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RAND Corporation. The Guardian. Ariel, Handel Transactions of the Institute of British Geographers. Aswad, Henrietta 15 May United Nations Population Fund. Bahbah, Bishara A. Macmillan Publishers. Bar, Neta; Ben-Ari, Eyal Third World Quarterly. Bar-Siman-Tov, Yaacov In Bar-Siman-Tov, Yaacov ed.
Bar-Tal, Daniel ; Salomon, Gavriel In Rotberg, Robert I. Indiana University Press. Bar-Tal, Daniel ; Alon, Ilai In Bar-Tal, Daniel ed. Baxendale, Sidney J. Beckouche, Pierre Europe's Mediterranean Neighbourhood. Edward Elgar Publishing. Beinart, Peter 12 February Beinin, Joel Cambridge University Press. Ben-Simhon, Coby 20 September Benvenisti, Eyal New York: Human Rights Watch. Benvenisti, Eyal ; Zamir, Eyal April The American Journal of International Law. The International Law of Occupation.
Oxford University Press. Berger, Yotam 15 June Haaretz Investigation Reveals". Berger, Yotam 22 October Bergman, Ronen Random House. Berkes, Heidrun Leiden University. September The Journal of Conflict Resolution. Comparative Politics. Bishara, Amahl August Cultural Anthropology. Bishara, Amahl Power as a Mediator of War". Anthropology and Global Counterinsurgency. University of Chicago Press. Bisharat, George Emile University of Texas Press. Black, Ian Penguin UK. Bowker, Robert P. Lynne Rienner Publishers.
Braverman, Irus Spring Subsequent events in these territories, as described in paragraphs 75 to 77 above, have done nothing to alter this situation. All these territories including East Jerusalem remain occupied territories and Israel has continued to have the status of occupying Power. Convention, it should be recalled that under common Article 2 of the four Conventions of 12 August The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
The object of the second paragraph of Article 2 is not to restrict the scope of application of the Convention, as defined by the first paragraph, by excluding therefrom territories not falling under the sovereignty of one of the contracting parties. It is directed simply to making it clear that, even if occupation effected during the conflict met no armed resistance, the Convention is still applicable. In its June ruling upholding the constitutionality of the Gaza disengagement , the Israeli High Court determined that "Judea and Samaria [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel.
The Jerusalem Center for Public Affairs and Israeli government websites who support the view that the territories are not occupied argue that use of the term "occupied" in relation to Israel 's control of the areas has no basis in international law or history,   and that it prejudges the outcome of negotiations. They regard the territories as "disputed" based on the following legal arguments:. After , a number of legal arguments were advanced which dismissed the right of Palestinians to self-determination and statehood.
They generally proposed that Palestine was a land void of a legitimate sovereign and supported Israeli claims to the remaining territory of the Palestine Mandate. He says that, while the Israeli government has used them for public relations purposes abroad, it takes entirely different positions when arguing real legal cases before the Israeli Supreme Court. Gorenberg notes, the government's decision was challenged in the Supreme Court by settlers, and the government won the case by noting the settlements were in territory whose legal status was that of 'belligerent territory'.
The government argued that the settlers should have known the settlements were only temporary. Following the war, in which the Israeli army occupied the West Bank and Gaza Strip , a military administration over the Palestinian population was put in place. In , Israel gave autonomy to the people of Gaza and completely disengaged from Gaza in However, in , Israel put a blockade on the Gaza Strip over what it viewed as security concerns. Israel asserts that since the disengagement of Israel from Gaza in , Israel no longer occupies the Gaza Strip.
East Jerusalem had been occupied by Israel in and was effectively annexed by Israel in , an act internationally condemned. On 27—28 June , East Jerusalem was integrated into Jerusalem by extension of its municipal borders and was placed under the law, jurisdiction and administration of the State of Israel. Judea and Samaria area is the Israeli government term for the district encompassing Israeli administratively controlled Jewish-majority civilian areas of Area C of the West Bank , [ citation needed ] excluding East Jerusalem.
The change in status was described by The Independent as "de facto recognition of the sovereign State of Palestine ". The vote was a historic benchmark for the partially recognised State of Palestine and its citizens, whilst it was a diplomatic setback for Israel and the United States. It shall permit Palestine to pursue legal rights over its territorial waters and air space as a sovereign state recognised by the UN, and allow the Palestinian people the right to sue for sovereignty over their rightful territory in the International Court of Justice and to bring 'crimes against humanity' and war-crimes charges, including that of unlawfully occupying the territory of State of Palestine, against Israel in the International Criminal Court.
The UN has, after the resolution was passed, permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations",  seen by many as a reflexion of the UN's de facto position of recognising the State of Palestine's sovereignty under international law,  and Palestine has started to re-title its name accordingly on postal stamps, official documents and passports.
In two cases decided shortly after independence, in the Shimshon and Stampfer cases, the Supreme Court of Israel held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal determined that the articles annexed to the Hague IV Convention of were customary law that had been recognized by all civilized nations.
They ruled that "Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force". However, in the same decision the Court ruled that the Fourth Hague Convention rules governing belligerent occupation did apply, since those were recognized as customary international law. The Israeli High Court of Justice determined in the Elon Moreh case that the area in question was under occupation and that accordingly only the military commander of the area may requisition land according to Article 52 of the Regulations annexed to the Hague IV Convention.
Military necessity had been an after-thought in planning portions of the Elon Moreh settlement. That situation did not fulfill the precise strictures laid down in the articles of the Hague Convention, so the Court ruled the requisition order had been invalid and illegal. The court has confirmed this interpretation many times, for example in its and rulings on the separation fence. In its June ruling upholding the constitutionality of the Gaza disengagement , the Court determined that "Judea and Samaria" [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel:.
The Judea and Samaria areas are held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander.
Economics should not trump ethics when it comes to Occupied Territories Bill
He is not the sovereign in the territory held in belligerent occupation see The Beit Sourik Case, at p. His power is granted him by public international law regarding belligerent occupation. The legal meaning of this view is twofold: first, Israeli law does not apply in these areas. They have not been "annexed" to Israel.
The Knesset et al. These regulations are a reflection of customary international law. Soon after the war, Israel issued a military order stating that the Geneva Conventions applied to the recently occupied territories,  but this order was rescinded a few months later. One is the Missing Reversioner theory  which argued that the Geneva Conventions apply only to the sovereign territory of a High Contracting Party, and therefore do not apply since Jordan never exercised sovereignty over the region.
He explained that as the legal counsel of the Foreign Ministry, Theodor Meron was the Israeli government's expert on international law. On September 16, Meron wrote a top secret memo to Mr. Adi Yafeh, Political Secretary of the Prime Minister regarding "Settlement in the Administered Territories" which said "My conclusion is that civilian settlement in the Administered territories contravenes the explicit provisions of the Fourth Geneva Convention.
The commission of experts headed by the retired Israeli Supreme Court Judge Edmond Levy issued on July 9, its report on the status of the territories conquered by Israel in The commission concluded that the Israeli control over those territories is not an occupation in the legal sense, and that the Israeli settlements in those territories do not contravene international law.