[252] Abraham Ben-Zvi, The Limits of Israels Democracy in the Shadow of Security,Taiwan Journal of Democracy,Vol. [7] In the occupied Gaza Strip, Israel withdrew its ground troops in 2005, but continues to exert substantial control through other means. [415] In August 2009, settlers erected 12 structures on additional Kufr Aqab land that was privately owned by its residents. Particular policies can, though, provide evidence of a discriminatory intent or purpose to maintain domination by Jewish Israelis. [146] Authorities also offered a 90 percent discount on the leasing fees for Negev properties to soldiers who had served for at least one year, an offer that would attract mainly Jews since Bedouins are exempt from military service and only a small percentage volunteer to serve in the army. In addition, settlers have established settlements without any formal process or authorization from the Israeli military authorities, largely on the private property of Palestinians. [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. Share this via Email Gaza relies principally on the Coastal Aquifer, which runs along Israels coast and the Gaza Strip and is accessible inside Gaza via wells, as its sole water source. [314] Authorities have also denied permits for Palestinians to build water pipelines and demolished water infrastructure built without permits. She added, Gaza is a small prison. The laws vested ownership rights in certain kinds of farmland, far from villages, based on continuous cultivation at a level reasonable under the circumstances, but also reverted land to state ownership if it lay fallow for three years. [791] Israel: End Restrictions on Palestinian Residency, Human Rights Watch news release, February 5, 2012, https://www.hrw.org/news/2012/02/05/israel-end-restrictions-palestinian-residency. [130] Hagar Shezaf and Hagai Amit, Jewish National Fund Leadership Okays Plan to Expand West Bank Settlements, Haaretz, February 17, 2021, https://www.haaretz.com/israel-news/.premium-jewish-national-fund-okays-plan-to-expand-west-bank-settlements-1.9538161 (accessed February 21, 2021); Jacob Magid, KKL-JNF Board Advances Controversial $11.5 Million Purchase of West Bank Land. Times of Israel, February 25, 2021, timesofisrael.com/kkl-jnf-board-advances-controversial-11-5-million-purchase-of-west-bank-land/ (accessed March 7, 2021). [791] Since 2000, Israeli authorities have for the most part refused to update the population registry or process applications for residency by unregistered Palestinians, their spouses, and close relatives, even if they had lived in the West Bank or Gaza for years and had families, homes, jobs, or other ties there. [740], In February 2017, the Knesset passed a law allowing authorities to retroactively expropriate private Palestinian land on which settlements have been built. Sari Bashi, a consultant for Human Rights Watch, supported outreach and communications efforts. [383], Since 1967 Israeli authorities have expropriated from Palestinians nearly one-third of the land in East Jerusalem, comprising at least 23,378 dunams, largely for settlements. [349] Ibid. These sections include East Jerusalem and nearby villages that Israel annexed in 1967, the seam zone between the separation barrier and the Green Line, settlements, and areas authorities deem closed military zones.[238] The separation barrier, slicing in some places through populated Palestinian areas, restricts movement and cuts off many Palestinians from their agricultural lands, while forcing 11,000 Palestinians living in the seam zone, who are barred from entering Israel, to cross the separation barrier to access their own property and some basic services. While security grounds can justify a range of restrictive measures under international humanitarian and human rights law, a strategy that seeks to promote security by ensuring the demographic advantage of one group of people through discrimination or oppression has no basis under international law. Emilie Max, consultant for Human Rights Watch, contributed legal research. [88] He warned that if their numbers will reach 35-40 percent of the country, then the Jewish state will be annulled.[89] He also stated that the separation barrier, ostensibly erected to enhance Israels security, would also help to prevent a demographic spillover of Palestinians from the West Bank. [247] ACRI, Direct Legislation of the 20th Knesset Imposed on the West Bank: Legislative Initiatives to Promote Annexation and Weaken the Laws of Occupation, October 2018, http://docs.wixstatic.com/ugd/01368b_13c3a58d52ad4ba9a45455985ddbf30e.pdf (accessed June 1, 2020); Annexation Legislation Database, Yesh Din, https://www.yesh-din.org/en/legislation/ (accessed June 1, 2020). 923-1000, https://law.haifa.ac.il/images/documents/theLegalTransformation.pdf (accessed July 23, 2020); Yoav Mehozay The Rule of Difference: How Emergency Powers Prevent Palestinian Assimilation in Israel, Israel Studies Review, Volume 27, No. [265] 4323 Security Inmates are Held in Prisons inside Israel, HaMoked, April 2021, http://www.hamoked.org/Prisoners.aspx (accessed April 5, 2021). al. [780] The Israeli policies in these areas, which have coerced thousands to leave their homes and put tens of thousands more at risk, amount to forcible transfer under the terms of the Rome Statute. The following individual case studies illustrate how Israeli authorities, through violations of basic rights, systematically oppress Palestinians in Gaza, a part of the OPT. Once established, request the UN Security Council to invite the envoy to participate in quarterly briefings on the situation in the Middle East. Water from Mekorot goes through the same pipeline system as the groundwater and mixes with it, reducing its quality. [735] Ibid. Hava Bachar, Nazareth Illits general manager, told Human Rights Watch in 2020 that 26 percent of the citys residents today are Palestinian, many from Nazareth, which she attributes to the fact that Nazareth and other nearby [Palestinian] towns do not have space to grow.[685] Bachar noted that the municipality was not about to give away land to these communities, given our ambition to reach 100,000 citizens and suggested instead that Israel build a new city for Arab citizens.[686] Bachar noted that the city is bringing in Jewish families to settle in order to ensure it stays Jewish.[687], Despite moving, many Nazarenes who live in Nazareth Illit maintain a center of life in Nazareth. Assess whether their goods and services contribute to the crimes of apartheid and persecution, such as equipment used in the unlawful demolition of Palestinian homes, and cease providing goods and services that will likely be used for such purposes, in accordance with the UN Guiding Principles on Business and Human Rights. [675] Ibid. [805] HaMoked, Ministry of Interior Data: 18 East Jerusalem Palestinians Were Stripped of their Permanent Residency Status in 2020.. [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. Excluding these groups, Palestinian citizens amount to about 19 percent of the population. 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). [449] As a result, residents generally have to cross Qalandiya checkpoint, where waits often take an hour or more to access most municipal services. By contrast, Jewish mixed couples, including Jerusalemites married to West Bank settlers, can freely live anywhere in Israel, East Jerusalem, and the West Bank settlements. Separately from the inhumane acts committed in the OPT, the Israeli government has carried out other abuses against Palestinians within its pre-1967 borders. [779] Rome Statute, arts. 12 (freedom of movement) https://www.refworld.org/docid/45139c394.html (accessed May 3, 2020). [223] In addition, between 2004 and 2017, the Israeli army removed back to Gaza more than 130 Palestinians from Gaza living in the West Bank without a valid Israeli-issued permit, but apparently none in the other direction.[224]. [573] Israel MFA, Law of Return 5710-1950. [473] See Gisha, 50 Shades of Control, June 2017, https://gisha.org/UserFiles/File/publications/50_Shades/50_Shades_Of_Control_EN.pdf (accessed June 4, 2020). They can receive immediate status and, after several years, apply for citizenship. It Plagiarized a 40-Year-Old Israeli Initiative, Foreign Policy, February 11, 2020, https://foreignpolicy.com/2020/02/11/trump-middle-east-peace-plan-isnt-new-israeli-palestinian-drobles/ (accessed June 1, 2020). 2106 (XX), annex, 20 U.N. GAOR Supp. For example, of the 2.82 billion NIS ($804 million) of economic recovery funds handed out by the Israeli government to local authorities in April 2020 amid the Covid-19 pandemic, only 1.7 percent went to Palestinian municipalities, according to Adalah. When committed with discriminatory intent, on the basis of the victims identity as part of a group or collectivity, they amount to the crime against humanity of persecution under the Rome Statute and customary international law. [654] Authorities continued to confiscate Palestinian land to develop Nazareth Illit into the 1960s and 1970s, including a 160 dunam plot of land in the center of Nazareth known as the Sprinzak Enclave. [227] Economic and Social Commission for Western Asia (ESCWA), Israeli Practices towards the Palestinian People and the Question of Apartheid Palestine and the Israeli Occupation, E/ESCWA/ECRI/2017/1, March 2017, pp. 45. [485] Following the withdrawal of those settlers in 2005 and the takeover by Hamas in 2007, Israel declared Gaza hostile territory[486] and tightened movement restrictions, imposing a generalized ban on travel to the rest of the OPT or abroad, irrespective of any individualized risk assessment for a particular person. [730] Peace Now, State Land Allocation in the West Bank-for Israelis Only.. Their actions and policies further dispel the notion that Israeli authorities consider the occupation temporary, including the continuing of land confiscation, the building of the separation barrier in a way that accommodated anticipated growth of settlements, the seamless integration of the settlements sewage system, communication networks, electrical grids, water infrastructure and a matrix of roads with Israel proper, as well as a growing body of laws applicable to West Bank Israeli settlers but not Palestinians. [300] Military Order 92: Order Concerning Jurisdiction Over Water Regulations, August 15, 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. 14. Israeli prosecutors charged and courts convicted Nazi officials Adolf Eichmann and John Demjanjuk of persecution, among other crimes. 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. The third, the Coastal Aquifer, runs along the coast of Israel and Gaza. 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. [466] Miriam Berger, Israels Checkpoint Q: A Daily Hurdle for Palestinians, Reuters, April 26, 2017, https://www.reuters.com/article/us-israel-palestinians-qalandiya-idUSKBN17S23D (accessed July 12, 2020). [277] The army not only systematically fails to intervene, but, BTselem found, they often provide the perpetrators escort and back-up. The ruling stated that Karmiel is a Jewish city intended to solidify Jewish settlement in the Galilee. [530] For the First Time in Eight Years: Produce from Gaza to be Sold in Israel, Gisha press release, March 12, 2015, https://gisha.org/updates/4065 (accessed June 4, 2020); Following Gishas Petition, Ministry of Agriculture Releases Procedure for Sale of Agricultural Produce from Gaza in the West Bank and Israel, Gisha press release, May 5, 2019, https://gisha.org/legal/10285 (accessed June 4, 2020). [775] In many of these areas, Israeli authorities have blocked residents, including Bedouin and herding communities, from accessing roads and agricultural lands, failed to provide electricity, sewage, water, and other utilities, and rejected their applications for such services. In the OPT, movement restrictions, land expropriation, forcible transfer, denial of residency and nationality, and the mass suspension of civil rights constitute inhuman[e] acts set out under the Apartheid Convention and the Rome Statute. [17] The Knesset has also passed laws and formed committees that apply exclusively there. By contrast to the differences in the treatment of Palestinians, Israeli authorities grant all Jewish Israelis the same rights and privileges regardless of which side of the Green Line they live on. [442] Odeh, the lawyer, adds that this sort of construction creates a reality where no one knows the boundaries between parcels, and trespassing is common. Other Human Rights Watch researchers contributed research and writing. [623] Citing government data for that same school year, Haaretz found that expenditures by the state for Jewish Israeli high school students were 35 to 68 percent higher than for Palestinian students at the same socioeconomic level. In the West Bank, at least ten government ministries directly fund projects to serve settlements, and a Settlement Affairs Ministry was formed in May 2020. [627] The Mossawa Center found in a study of Israels 2019 budget that funding allocated to Palestinian areas remains meager, with significant needs in education and other areas still present, and that systematic discrimination remains endemic in government spending. [175] Bimkom Planners for Planning Rights, Trapped by Planning: Israeli Policy, Planning, and Development in the Palestinian Neighborhoods of East Jerusalem, 2014, http://bimkom.org/eng/wp-content/uploads/TrappedbyPlanning.pdf (accessed June 1, 2020), p. 18. Idan Zonshine, COVID Vaccine: Israel Sets Up Palestinians in East Jerusalem, Jerusalem Post, February 23, 2021, https://www.jpost.com/health-science/mda-to-set-up-vaccination-station-at-qalandiya-crossing-in-east-jerusalem-659877 (accessed February 23, 2021). Microsoft pleaded for its deal on the day of the Phase 2 decision last month, but now the gloves are well and truly off. [822] Alexandre (Sandy) Kedar, Professor of Law at the University of Haifa, email to Human Rights Watch, July 24, 2020. During these years Israel subjected most Palestinians in Israel to military rule, confined them to dozens of enclaves, and severely restricted their movement. [535], These restrictions have devastated Gazas economy. [726] Haqel and Kerem Navot, Out of Order: Civil Administration Eviction Orders from State Land 2005-2018, December 2019, https://f35bf8a1-b11c-4b7a-ba04-05c1ffae0108.filesusr.com/ugd/a76eb4_a511485a16f74e44a328efaa00e1444f.pdf (accessed June 15, 2020), p. 4; Kerem Navot, Blue and White Make Black, December 2016, https://www.keremnavot.org/blue-and-white-make-black (accessed May 2, 2020). [632] Discriminatory Israeli land policies have restricted it to largely the same geographical area it had then, while its population has increased more than five-fold. But she worried about getting caught and being sent for life imprisonment in Gaza, a reference to her fear that she would not be able to secure another travel permit, so she returned to Gaza, and the couple broke up in May 2015. Demographic considerations, in particular the quest for a strong Jewish majority, have long underlined Israeli government policy. [719] In some cases, the authorities declared as state land parcels on which Palestinian landowners had paid taxes to the Jordanian authorities, a hallmark of ownership at the time. Interest Successfully Added. Israel has limited passage to cases presenting what it deems exceptional humanitarian circumstances, meaning mainly those needing vital medical treatment outside Gaza and their companions, although authorities also grant permits each year to hundreds of Gaza residents eligible on other grounds, such as high-level businesspeople and merchants. 3, pp. [478] It controls the infrastructure upon which Gaza relies, including electricity lines, the underwater cable that phone calls are placed on, the network that provides internet, and the frequencies assigned to Palestinian cell phone companies.[479]. [630] Sikkuy, Infographics: Fair representation through government tenders, infographic, August 2015, http://www.sikkuy.org.il/wp-content/uploads/2015/10/Tenders-infographic-ENGLISH-FINAL-August-10-2015.pdf; also see Strategic Outline 2020 for Economic Development of the Minority Population, Israel Ministry for Social Equality (finding that 41 percent of Palestinian citizens of Israel work in the construction, agriculture and manufacturing industries, though not indicating what percentage of Jewish Israelis work in these industries). Israel allowed around 2,800 Palestinians registered as residents of Gaza to change their addresses to the West Bank in 2011, but this did not clear the backlog. The soldier turned him away, warning that you are ruining your future, and urged him to think about it. Yazan said he considered leaving via Rafah, the crossing with Egypt, but the Hamas-administered waiting list was long, he could not afford to pay the several thousand dollars to advance his place on the waitlist, and the opportunity passed. IT-92-14/2, Judgement (Trial Chamber III), February 26, 2001, para. The group has also found that more than 30 percent of the land used for settlements is acknowledged by the Israeli government as having been privately owned by Palestinians. We would also like to thank Nathan Thrall, Hagai El-Ad, Tareq Baconi, Michael Sfard, Moien Odeh, Dror Etkes, Murad Samara, Kathleen Peratis, Naji Naji, Tania Hary, Ahmed Elqattawi, and Ruhan Nagra, among others, for their insights and time. Yazan: Yazan, 26, felt his dream had come true; the University of Nottingham in the United Kingdom offered him admission for undergraduate studies. [405], The discriminatory allocation of resources contributes to the starkly different realities faced by Palestinians and Jewish Israelis in Jerusalem. [121] Knesset, Basic Law: Israel Lands (1960), https://bit.ly/3dmvHyb (accessed June 1, 2020). [570] When military rule ended in 1966, authorities granted Palestinians in Israel freedom of movement, but they continue to treat Jewish Israelis and Palestinians in starkly unequal ways, including with regards to legal status, land policies, and access to resources and services. [560] In 2019, Gaza residents used 79 liters per day of water, an increase from 2017 and 2018 levels, but below the WHO minimum recommended level of 100.[561]. The tribunals charter recognizes persecutions on political, racial or religious grounds as crimes against humanity. ; Jerusalem Institute for Policy Research, Kufr Aqab: Abstract, p. V. [450] Human Rights Watch phone interview with Munir Zghayyar, May 17, 2020; Jerusalem Institute for Policy Research, Kufr Aqab: Abstract.. For the last 25 years, Israel has increasingly restricted the movement of Gaza residents. Breaking News, data & opinions in business, sports, entertainment, travel, lifestyle, plus much more. Israeli authorities treat the more than 441,000 Israeli settlers and 2.7 million Palestinians who reside in the West Bank, excluding East Jerusalem, under distinct bodies of law. Satellite Image 2021 Maxar Technologies. [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. [358] Laying the cornerstone for a project that waited 25 years Minister Ghoneim: Despite Israeli obstacles, we are continuing to improve the water service (Arabic), Palestine Water Authority press release, November 20, 2019, http://www.pwa.ps/ar_page.aspx?id=527rVEa3111280557a527rVE (accessed July 12, 2020). [403] Ir Amim, Jerusalem Municipality Budget Analysis for 2013: Share of Investment in East Jerusalem, December 30, 2014, http://www.ir-amim.org.il/en/policy_papers/jerusalem-municipality-budget-analysis-2013-share-investment-east-jerusalem (accessed June 4, 2020). NRC, Legal Memo - The Absentee Property Law and its Application to East Jerusalem, February 2017, nrc.no/globalassets/pdf/legal-opinions/absentee_law_memo.pdf (accessed June 15, 2020). [111] The overwhelming majority of Palestinians do not serve in the army. Rather, it surveys consequential Israeli government practices and policies that violate the basic rights of Palestinians and whose purpose is to ensure the domination of Jewish Israelis, and assesses them against the definitions of the crimes against humanity of apartheid and persecution. (7)(1)(d)(h)(k). [490], Palestinian armed groups also committed war crimes, including indiscriminate rocket attacks fired towards Israeli population centers,[491] but Israels attacks went far beyond striking those responsible. And Jerusalem, of course. ), https://bit.ly/2CvpSAI (accessed June 24, 2020) pp. Since the founding of the state of Israel, the government also has systematically discriminated against and violated the rights of Palestinians inside the states pre-1967 borders, including by refusing to allow Palestinians access to the millions of dunams of land (1000 dunams equals 100 hectares, about 250 acres or 1 square kilometer) that were confiscated from them. 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. While Palestinians in Israel can move freely, and some live in mixed cities, such as Haifa, Tel Aviv-Jaffa, and Acre, Israeli law permits small towns to exclude prospective residents based on their asserted incompatibility with the towns social-cultural fabric. According to a study by a professor at Technion-Israel Institute of Technology in Haifa, there are more than 900 small Jewish towns, including kibbutzim, across Israel that can restrict who lives there. [397], Between 2009 and 2020, Israeli authorities demolished 1,434 structures in East Jerusalem, in more than 98 percent of the cases for lacking a permit, according to OCHA. [526] Egypt does not allow goods from Gaza to be shipped out via the crossing it administers. [748] More than two-thirds of closed military areas, a category that includes both designated state land and acknowledged private Palestinian land, fall outside the formal jurisdiction of settlement municipalities. A 1952 law establishes the organizations, then a single entity, as the authorised agent of the state for the development and settlement of the country and absorption of immigrants from the Diaspora.[131] The Jewish Agency, whose self-described historic mandate is to bring Jews home to Israel, says it helped more than 30,000 Jews in 2018 and more than 250,000 in the last decade immigrate to Israel. Shirly Eran translated the report into Hebrew. Such policies and practices intentionally and severely deprive millions of Palestinians of key fundamental rights, including to residency, private property, and access to land, services, and resources, on a widespread and systematic basis by virtue of their identity as Palestinians. 284-285. [241], Israel ostensibly built the separation barrier for security purposes, starting in 2002 during the second Intifada. Each time they would move the fence [to encompass more land], they would say its for security reasons. The farmer said he filed a complaint each time to an Israeli military court, producing all the required evidence of ownership, yet he lost each of the cases. 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. Israeli authorities have razed thousands of Palestinian properties in these areas for lacking a permit, leaving thousands of families displaced. The closure adversely affects many aspects of everyday life and contributes to other violations of Palestinians rights, including the right to family reunification, the right to access healthcare, education, and economic opportunities. [761] Meanwhile, Israeli authorities between 2000 and 2018 approved on average fewer than 400 construction permits a year for Palestinians in East Jerusalem. [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. [279] See Inhumane Acts and Other Abuses of Fundamental Rights section for detailed account of the range of methods. [30] UN, International Law Commission,Draft Articles on Responsibility of States for Internationally Wrongful Acts, adopted November 2001,Supplement No. [354] Human Rights Watch field visit and interviews with two Bruqin municipality officials, February 18, 2020. 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]. [104] Batsheva Sobelman, Israeli High Court Upholds Controversial Citizenship Law, Los Angeles Times, January 12, 2012, https://latimesblogs.latimes.com/world_now/2012/01/israel-passes-laws-restricting-arabs-asylum-seekers.html (accessed June 1, 2020). 2018 UN OCHA. These laws often are not discriminatory on their face, using proxies to mask discriminatory intent, even as in some cases officials extoll the demographic logic. Kiran said her family of five, including a third child they had in the West Bank, lives in constant fear of getting caught and being sent back to Gaza, and stays home whenever there is any tension. They feel like strangers inside [their own] home, as if they are illegally residing in another country. She said she has missed many family occasions in Gaza, including weddings for both of her brothers, and that her husband hasnt seen his five children from a prior marriage since he left Gaza. 892, 1980, available at http://www.geocities.ws/savepalestinenow/israelmilitaryorders/fulltext/mo0892.htm (accessed May 21, 2020); Order Concerning the Administration of Local Councils, Israeli Military Order No. [343] In 2002, authorities expropriated more land to build the separation barrier, cutting residents from some of their land. Some regard the settlement enterprise as vital for security. Subject all EU and member states bilateral 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 crimes of apartheid and persecution of Palestinians, mitigate the human rights harms and, where not possible, end the activities and funding found to directly contribute to facilitating these serious crimes. Nazarenes often head to nearby predominantly Jewish localities to spend time in parks, given the paucity of those or other public spaces in their hometown. Those who have a checking or savings account, but also use financial alternatives like check cashing services are considered underbanked. 94-96. The settlements form a 22-kilometer corridor that strikes a wedge in the center of the governorate, dividing Salfits Palestinians into three disconnected pockets of villages, and separating the town of Salfit, the governorates administrative and commercial center, from other villages to the north. [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). [334] Israel CBS, Population and Density Per Sq. [466] Due to consistently heavy traffic, it can take up to two or three hours during morning and evening commutes to pass through the area around the checkpoint. Also see UN Conference on Trade and Development (UNCTAD), Population and Demographic Developments in the West Bank and Gaza Strip until 1990, U.N. Doc. In Gaza, Hamas has effectively governed since seizing control in June 2007 following months of clashes between the Palestinian political parties Fatah and Hamas and more than a year of political uncertainty after Hamas won a plurality of seats in PA elections. It also allowed the state to take over land in those cases where it did not recognize claims of ownership filed by Palestinians, even if the land was under cultivation. [858] Khulood Badawi, In Israel, Love Knows Boundaries, commentary, Human Rights Watch dispatch, February 14, 2018, https://www.hrw.org/news/2018/02/14/israel-love-knows-boundaries, [859] Adalah, Citizenship Law, No. [357] Ariel Settlement Fact Sheet, BTselem, updated July 17, 2012, https://www.btselem.org/settlements/20100830_facts_on_the_settlement_of_ariel (accessed June 4, 2020). [69] The customary international law definition of persecution, though, includes no such limitation. [307] Al Haq, Water for One People Only, pp. Human Rights Watch also reviewed Israeli laws, government planning documents, statements by officials, land records, and legal standards governing the crimes of apartheid and persecution. [831] The UN Committee on Economic, Social and Cultural Rights (CESCR) found in 1998 that most of what they estimated to be around 200,000 internally displaced Palestinians, who they refer to as present absentees, continue to be displaced and dispossessed within the State because their lands were confiscated and not returned to them.[832], Israeli authorities continue to block Palestinian citizen landowners from accessing or using land that they confiscated from them. [4] Human Rights Watch, Two Authorities, One Way, Zero Dissent (New York: Human Rights Watch, 2018), https://www.hrw.org/report/2018/10/23/two-authorities-one-way-zero-dissent/arbitrary-arrest-and-torture-under; Gaza: Unlawful Attacks in May Fighting, Human Rights Watch news release, June 12, 2019, https://www.hrw.org/news/2019/06/12/gaza-unlawful-attacks-may-fighting. [852] The temporary order, enacted by the Knesset in July 2003, renewed every year since and upheld by the Israeli Supreme Court, prohibits with few exceptions the granting of residency or citizenship to Palestinian ID holders, even if married to an Israeli citizen or permanent resident. 648. [703] Israel: Palestinians Cut off from Farmlands, Human Rights Watch news release, April 5, 2012, https://www.hrw.org/news/2012/04/05/israel-palestinians-cut-farmlands. [316] OCHA, Humanitarian Needs Overview OPT, Humanitarian Programme Cycle 2020, December 2019, https://www.ochaopt.org/sites/default/files/hno_2020-final.pdf (accessed June 4, 2020), p. 43. [846] Negev Coexistence Forum for Civil Equality, On (In)Equality and Demolition of Homes and Structures in Arab Bedouin Communities in the Negev/Naqab, July 2020, https://www.dukium.org/wp-content/uploads/2020/07/HDR-2020-Data-on-2019-Eng-3.pdf (accessed August 18, 2020), p. 14; Almog Ben Zikri, Bedouin Home Demolitions in Israel Double in 2017, Haaretz, March 28, 2018, https://www.haaretz.com/israel-news/bedouin-home-demolitions-in-israel-double-in-2017-1.5939858 (accessed May 3,2020); NCF, The Regional Council for the Unrecognized Villages in the Negev (RCUV) and Alhuquq Center, The Arab Bedouin indigenous people of the Negev/Nagab A Short Background, https://bit.ly/2YAjsYy (accessed May 3, 2020). Israeli authorities have over the years nurtured the growth and development of Nazareth Illit, often at Nazareths expense. Israeli policies on Palestinian residency have arbitrarily denied hundreds of thousands of Palestinians the ability to live in, and travel to and from, the West Bank and Gaza. Between 1967 and 2002, Gaza depended on electricity it received from the Israeli Electric Corporation (IEC). The permits only allow them to enter through a designated gate that only opens twice a day, for 15-30 minutes each time. 24-25. Also see Ir Amim, Shady Dealings in Silwan, May 2009, https://www.ir-amim.org.il/sites/default/files/Silwanreporteng.pdf (accessed May 2, 2020). Andrew File System (AFS) ended service on January 1, 2021. [758] See Intent to Maintain Domination and Systematic Oppression sections. [438] Since Kufr Aqab falls within the Jerusalem municipality, Jerusalemites living there can claim that they live in the city and not lose their residency on that basis. A photovoltaic power station, also known as a solar park, solar farm, or solar power plant, is a large-scale grid-connected photovoltaic power system (PV system) designed for the supply of merchant power.They are different from most building-mounted and other decentralised solar power because they supply power at the utility level, rather than to a local user or users. The international community has for too long explained away and turned a blind eye to the increasingly transparent reality on the ground. 251. [222] By contrast, between January 2011 and August 2014, the army approved 58 applications for West Bank residents to relocate to Gaza on the condition they sign a pledge never to return to the West Bank. [717] See BTselem, Under the Guise of Legality., [718] Peace Now, State Land Allocation in the West Bank-for Israelis Only.. [223] The military's response to an inquiry by HaMoked and Gisha, HaMoked, March 30, 2015, http://www.hamoked.org/Document.aspx?dID=Updates1510 (accessed June 1, 2020). ICC-01/18, https://www.icc-cpi.int/CourtRecords/CR2020_00161.PDF (accessed August 16, 2020), paras. But international criminal courts, in the context of more recent genocide cases, have addressed the meaning of national, ethnical, racial or religious group in the definition of that crime in part by evaluating group identity based on context and the construction of local actors, in particular the perpetrators, as opposed to earlier approaches that focused on hereditary physical traits. [851], Israels Citizenship and Entry into Israel Law (Temporary Order)2003 bars Palestinians from the West Bank and Gaza from residing with their spouse in Israel or East Jerusalem. [47] Rather than treat race as constituting only genetic traits, Human Rights Watch uses this broader definition. [384] As with the rest of the West Bank, Israeli authorities have since 1967 frozen the land registration process for Palestinians in East Jerusalem, while registering land in East Jerusalem settlements throughout the entire period. [436] By contrast, authorities have carried out few demolitions in Kufr Aqab. ICTR-95-1-T, Judgement (Trial Chamber II), May 21, 1999, para. Omar Shakir, Israel and Palestine Director at Human Rights Watch, was the lead researcher and author of this report. [400], Israeli authorities sharply discriminate in the provision of resources and services between Palestinians and Jewish Israelis in Jerusalem. [380], In addition, the separation barrier cuts through East Jerusalem, separating Palestinian communities in at least three ways. [174], The newly-annexed area included 66,000 Palestinian residents, 24 percent of the new municipalitys population. 4, Summer 2001: pp. Palestinians from East Jerusalem have told Human Rights Watch that the fear of losing this status weighs on their daily life, determining where families live and deterring them from pursuing educational and professional opportunities abroad. 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. Nadim N. Rouhana and Sahar S. Huneidi (Cambridge University Press, 2016); Adam Raz, When Israel Placed Arabs in Ghettos Fenced by Barbed Wire, Haaretz, May 27, 2020, https://www.haaretz.com/israel-news/.premium-when-israel-placed-arabs-in-ghettos-fenced-by-barbed-wire-1.8877340 (accessed June 1, 2020); Adam Raz, How Israel Tormented Arabs in Its First Decades and Tried to Cover it Up, Haaretz, January 9, 2021, https://www.haaretz.com/israel-news/.premium.HIGHLIGHT.MAGAZINE-how-israel-tormented-arabs-in-its-first-decades-and-tried-to-cover-it-up-1.9433728 (accessed January 12, 2021). [557] OCHA, Humanitarian Needs Overview 2019, p. 22. [305] In monopolizing this shared resource, Israeli authorities sharply restrict the ability of Palestinians to directly exploit their own natural resources and render them dependent on Israel for their water supply. 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. [312] ACRI, Water Provision and Drillings in the West Bank 2010-2016, June 5, 2018; https://law.acri.org.il/en/2018/06/05/water-provision-and-drillings-in-the-west-bank-2010-2016/ (accessed June 25, 2020). [597] See Sikkuy, The Marketing of State-Owned Land for Development and Construction in Arab Communities A Summary, September 2011, sikkuy.org.il/wp-content/uploads/2011/09/marketing_state_land_eng.pdf (accessed June 10, 2020). [842] Human Rights Watch, Off the Map, Land and Housing Rights Violations in Israels Unrecognized Bedouin Villages (New York: Human Rights Watch, 2008), https://www.hrw.org/reports/2008/iopt0308/iopt0308webwcover.pdf. [232] BTselem and Kerem Navot, This Is Ours And This, Too: Israels Settlement Policy in the West Bank, March 2021, https://f35bf8a1-b11c-4b7a-ba04-05c1ffae0108.filesusr.com/ugd/a76eb4_ce24a5c07d134e3191887acff5aabd84.pdf (accessed March 23, 2021); Settlements, BTselem, updated January 16, 2019, https://www.btselem.org/settlements (accessed November 1, 2020). Human Rights Watch phone interview with Kufr Aqab municipal council employee (name withheld), May 13, 2020; Nir Hasson, In Highly Rare Move, Israel to Demolish Five Palestinian Residential Buildings Behind Separation Barrier, Haaretz, October 28, 2017, https://www.haaretz.com/israel-news/.premium-israel-to-demolish-5-residential-buildings-behind-separation-barrier-1.5460444 (accessed June 3, 2020); The Israeli Committee Against Home Demolitions (ICAHD), Demolition and Displacement Report June 2019, https://icahd.org/2019/07/03/demolition-and-displacement-report-june-2019/ (accessed June 3, 2020). The separation barrier cuts off Kufr Aqab, a Palestinian town that largely falls at the northernmost edge of the boundaries of the Israeli-demarcated Jerusalem municipality, from the rest of Jerusalem. Following Adalah Legal Action, Israel Expands Eligibility for Emergency COVID-19 Food Stamps Program, Adalah press release, February 3, 2021; Abusive Israeli Policies Constitute Crimes of Apartheid, Persecution, Apartheid and Persecution: The Forgotten Crimes Against Humanity, How the UN Can Help End Israeli Apartheid and Persecution, https://www.timesofisrael.com/supreme-court-bans-extreme-right-gopstein-and-marzel-from-election-race/, https://www.france24.com/en/20190826-israeli-court-bars-racist-candidates-from-september-poll, https://land.gov.il/en/Pages/AboutUs.aspx, https://www.adalah.org/en/content/view/8777, https://content.jewishagency.org/bp/#/folder/3272897/92727581, https://palestina-komitee.nl/wp-content/uploads/2017/11/68-Koenig-Report-Colonization-West-Bank-Gaza-March-30-1976.pdf, https://www.haaretz.co.il/news/education/1.1175494, https://www.pbs.org/wgbh/pages/frontline/shows/israel/cron/, https://www.yediot.co.il/articles/0,7340,L-5885532,00.html, https://www.un.org/unispal/document/auto-insert-203051/. (Jerusalem, April 27, 2021) Israeli authorities are committing the crimes against humanity of apartheid and persecution, Human Rights Watch said in a report released today. 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. [125] See, for example, Keren Kayemeth LeIsrael- Jewish National Fund (KKL-JNF), Jewish People Land, https://www.kkl-jnf.org/about-kkl-jnf/kkl-jnf-id/jewish-people-land/ (accessed June 1, 2020). [646], Shortly after the establishment of the Israeli state, Israeli authorities placed Nazareth under military rule and began in the 1950s implementing a policy to Judaize the Galilee.[647] The establishment of Nazareth Illit became a key part of that strategy, as the armys then-Planning Department Director Yuval Neeman put it, to emphasize and safeguard the Jewish character of the Galilee as a whole.[648] The northern military governor at the time, Colonel Mikhael Mikhael, wrote that the establishment of Nazareth Illit would result in the transfer of the center of gravity of life from Nazareth to the Jewish neighborhood.[649], Israeli authorities established Nazareth Illit in the 1950s on lands belonging to residents of Nazareth and other nearby villages. [63] In a 1971 advisory opinion declaring South Africas rule in Namibia illegal, the International Court of Justice noted its application of the policy of apartheid there. [414] An official from the municipal council estimates that Kufr Aqab lost in total about a third of its land to Kochav Yaakov. [602] Bimkom, Government Resolution 922: Level of Implementation in the Sphere of Planning Interim Report, November 2019, https://bimkom.org/wp-content/uploads/922.pdf (accessed June 10, 2020). Request a report from the Government Accountability Office (GAO) on how US support to Israel, including funds, weapons, and equipment, is used to contribute to the commission of the crimes of apartheid and persecution; request that the GAO include in its report an investigation into the degree to which the US Departments of State and Defense are able to conduct appropriate human rights vetting of Israeli military units. [698], Israeli authorities often justify the closure on security grounds. [704] Restrictions on Movement, BTselem. [813] The Defense (Emergency) Regulations, 1945, available at http://www.imolin.org/doc/amlid/Israel/The_Defence_Emergency_Regulations_1945.pdf (accessed May 3, 2020). [592] Israeli authorities confiscated much of this land, several million dunams, from Palestinians through several different legal instruments, as documented in a later chapter of this report. By denying building permits for houses, schools, clinics, and infrastructure and demolishing homes and entire areas, these policies suffocate communities and constitute the deliberate creation of conditions preventing the[ir] full development.[781]. [721] Ibid. [174] Ir Amim, Displaced in Their Own City: The Impact of Israeli Policy in East Jerusalem on the Palestinian Neighborhoods of the City Beyond the Separation Barrier, June 2015, https://www.ir-amim.org.il/sites/default/files/akurim_ENG_for%20web_0.pdf, p. 9 (accessed June 1, 2020). May Barakat, a mother of four who lives in the valley, told Human Rights Watch that the smell in the valley is deadly and that her three-year-old daughter was diagnosed with leukemia two years ago. [166] Guy Lieberman, Housing Minister: Spread of Arab Population Must Be Stopped, Haaretz, July 2, 2009, https://www.haaretz.com/1.5072677 (accessed June 1, 2020). [825] Yotam Berger, Declassified: Israel Made Sure Arabs Couldnt Return to Their Villages, Haaretz, May 27, 2019; https://www.haaretz.com/.premium-israel-lifted-military-rule-over-arabs-in-1966-only-after-ensuring-they-couldn-t-ret-1.7297983 (accessed June 14, 2020). [82] Knesset, Basic Law: Israel - The Nation State of The Jewish People, unofficial translation, https://knesset.gov.il/laws/special/eng/BasicLawNationState.pdf (accessed June 1, 2020). [460] Lawsuit on file with Human Rights Watch. [362] Human Rights Watch phone interview with Murad Samara, April 9, 2020. Most significantly in demonstrating Israels demographic goals is the 1950 Law of Return. [611], Israeli authorities discriminate in the provision of resources and services between Palestinian and Jewish localities inside Israel. Water is also critically scarce; the UN considers more than 96 percent of the water supply in Gaza unfit for human consumption.. [27], Apartheid, a term originally coined in relation to specific practices in South Africa, has developed over the past half-century into a universal legal term incorporated in international treaties, numerous UN resolutions, and the domestic law of many countries to refer to a particularly severe system of institutional discrimination and systematic oppression. [500] Snipers followed orders from senior officials that sanctioned using live ammunition on Palestinians who approached or attempted to cross or damage fences between Gaza and Israel regardless of whether they posed an imminent threat to life. The legitimate objective of ensuring security does not negate an illegitimate intent to dominate or discriminate that is inherent in these policies. [51] See, for example, Michael Banton, The Idea of Race, 2019 (first published 1977), https://www.taylorfrancis.com/books/mono/10.4324/9780429311703/idea-race-michael-banton (accessed March 27, 2021). They have, for example, made it virtually impossible for tens of thousands of Palestinian Bedouins residing in the Negev to live lawfully in the communities they have lived in for decades. 202, 223, later published in Israel and Its Palestinian Citizens: Ethnic Privileges in the Jewish State, eds. Upon seizing control of the West Bank in 1967, the Israeli military froze the land registration process that had been underway under Jordanian auspices and has not conducted one since. In certain areas, as described in this report, these deprivations are so severe that they amount to the crimes against humanity of apartheid and persecution. Zghayyar estimated that an apartment that costs $100,000 in Kufr Aqab would cost between $350,000 to $400,000 in Beit Hanina, a Palestinian neighborhood on the other side of the wall in East Jerusalem. In October 1977, the Israeli government formally adopted a plan produced by Ariel Sharon, then both the chairperson of the Ministerial Committee for Settlement Affairs and agriculture minister, that expanded on the Allon Plan by strengthening Israeli control in the western West Bank, to the east of the Green Line. [28] Apartheid is prohibited as a matter of customary international law. [299] Military orders established in the first 18 months of the occupation in 1967 and 1968 granted the army full authority over water-related issues in the West Bank,[300] declared water resources state property,[301] and barred Palestinians from establishing or using water installations without a permit. Not all policies designed to promote Judaization constitute rights abuses. ARIJ, Status of the Environment in the State of Palestine 2015, p. 49. 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. [721] This interpretation facilitated the takeover of absentee property belonging to Palestinians who fled during or following the 1967 War, as well as from Palestinians who remained in the West Bank but lost access to their land. Governments' legitimate security concerns should be met consistently with these principles and other internationally recognized human rights.). 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