[188] See Allon, Israel: The Case for Defensible Borders,Foreign Affairs. [365] BTselem, Arrested Development, p. 48. [214] Sharon Maintains Control in Face of Demographic Shift, The Irish Times, August 20, 2005, https://www.irishtimes.com/opinion/sharon-maintains-control-in-face-of-demographic-shift-1.482484 (accessed June 1, 2020). [705] The uncertainty discourages many Palestinians from applying for permits at all. [230] Since then, the army has issued hundreds of military orders governing many aspects of everyday life, including regulating freedom of movement and access to land and natural resources, except for in East Jerusalem, which Israel unilaterally annexed in 1967 and has governed under its civil law. [605] ACRI et al., Kaminitz Law (Draft Planning and Construction Law) (Amendment 109) 5776-2016, Position Paper. [202] Palestinian residents of Area C face an additional obstacle in the authorities systematic refusal to grant them permits to build. The draft law threatens to take things one step further, opening the door to removing residents of Kufr Aqab and other areas beyond the barrier from Jerusalems demographic calculus altogether to preserve a Jewish majority there. Built in part on state land and designated as a city to receive new Jewish immigrants, Israeli authorities invested heavily in Nazareth Illit, including by establishing in 1992 the Ziporit Industrial Area, which includes factories and a park for high-tech companies. [499] UN Commission Urges Israel to Review Rules of Engagement Before Gaza Protest Anniversary, UN HRC news release, March 18, 2019, https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24348&LangID=E (accessed June 4, 2020); World Health Organization (WHO), Situation Report: Occupied Palestinian Territory, Gaza: 0131 August 2019, http://www.emro.who.int/images/stories/palestine/documents/sitrep_aug_2019_v0_sh_rev_gro.pdf?ua=1 (accessed June 4, 2020). 6. Repeal discriminatory laws and legal provisions in favor of legislation that is rooted in the principle of equality and conforms to international human rights standards, including: The Citizenship and Entry into Israel Law (Temporary Order)2003, which allows Israeli citizens and residents to obtain legal status for their non-Israeli spouses, but not if the spouses are Palestinians from the West Bank and Gaza, who are explicitly ineligible under this law with few exceptions; Provisions in the 2011 Admission Commissions Law that effectively allow discrimination by residents of small towns inside Israel against prospective residents on the basis of their race, ethnicity, or national origin; Provisions in the Basic Law: Israel as the Nation-State of the Jewish People that discriminate between Jews and non-Jews with regard to the right to self-determination and to housing. Israel's Arabs Could Lead Parliamentary Opposition, Reuters, September 20, 2019, https://www.reuters.com/article/us-israel-election-arabs/a-historic-first-israels-arabs-could-lead-parliamentary-opposition-idUSKBN1W51SJ (accessed June 1, 2020). [316], These restrictions have made Palestinians dependent on purchasing water, in large part extracted from under their land, from Mekorot. This difficult choice has splintered thousands of families. [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. [853] Adalah, Nationality and Entry into Israel Law; Israel: Family Reunification Ruling Is Discriminatory, Human Rights Watch news release, May 17, 2006, https://www.hrw.org/news/2006/05/17/israel-family-reunification-ruling-discriminatory. [251] Settlers, for example, enjoy freedom of speech, which Israeli law restricts only if there is a near certainty that it would seriously jeopardize vital security interests. [747], Beyond reclassifying land status, Israeli authorities have used other mechanisms to take control of land. [144] Zafrir Rinat and Haaretz correspondent, PMO Issues Rush Order for 30 New Towns in Negev, Galilee, Haaretz, July 20, 2003, https://www.haaretz.com/1.5347089 (accessed June 1, 2020). [468] Ir Amim, Displaced in Their Own City, p. 35; ARIJ, Kafr 'Aqab Village Profile, 2012. [512] Gisha, Fishing Zone Reduced Again in Act of Collective Punishment, May 30, 2019, https://gisha.org/updates/10086 (accessed September 17, 2020). We conducted them with the consent of those being interviewed and told each of the interviewees how Human Rights Watch would use the information provided. [368] The Jewish Israeli population includes more than 220,000 settlers living in occupied East Jerusalem. [847] In a 2007 letter to Human Rights Watch, the Justice Ministry said it considered there to be 45,000 illegal structures in the Negev at that time. [285] BTselem documented 1,533 Palestinian homes demolished by authorities in this period for lacking a permit, leaving 6,492 Palestinians displaced. ; Nimer Sultany, The Making of an Underclass: The Palestinian Citizens of Israel, Israel Studies Review, Vol. [147] Shimon Peres, then deputy prime minister, described the development of the Negev and the Galilee as a battle for the future of the Jewish people.[148] The Jewish Agency has said that it sought to guarantee a Zionist majority in the Negev and the Galilee, launching its own programs in these areas to get around the problem that the government must act on behalf of all citizens of the state of Israel while the WZO is entitled to act for the sake of the Jewish people.[149] The government approved the WZO establishing settlements in these areas. [768] Civil Administration data on file with Human Rights Watch. The Meir Amit Intelligence and Terrorism Information Center, COVID-19 in the East Jerusalem Neighborhoods: The Exceptional Case of Kafr Aqab, August 3, 2020, https://www.terrorism-info.org.il/app/uploads/2020/08/E_189_20.pdf (accessed August 4, 2020), p. 2. Palestinians face discriminatory restrictions on their rights to residency and nationality to varying degrees in the OPT and Israel. As this chapter will show, Israeli authorities have pursued many policies in ways that manifest a discriminatory intent to systematically dominate Palestinians. 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. The key declarative line of Israels Proclamation of Independence proclaims the establishment of a Jewish state in Eretz-Israel.[80] The proclamation largely narrates the history of the Jewish people and twice in the short document underscores the centrality of Jewish immigration. ACRI, East Jerusalem: Facts and Figures 2019. The Meir Amit Intelligence and Terrorism Information Center put the number of Jerusalem residents in Kufr Aqab at between 70,000 and 75,000, citing July 2020 data from the Jerusalem municipality. [769] OCHA, 46 Bedouin Communities at Risk of Forcible Transfer in the Central West Bank: A Vulnerability Profile,. View the latest business news about the worlds top companies, and explore articles on global markets, finance, tech, and the innovations driving us forward. [9] The Oslo Accords, though, did not end the occupation in any part of the OPT. Authorities in the early years of the state declared land belonging to displaced Palestinians as absentee property or closed military zones, then took it over, converted it to state land, and built Jewish communities there. [535], These restrictions have devastated Gazas economy. [714] See Systematic Domination and Systematic Oppression sections. The situation already exists in Area C, which is under our control there are little more than fifty thousand Arabs.[200] In February 2021, Avi Naim, who served as director-general for Israels Ministry for Settlement Affairs between July and October 2020, underscored the governments objective to prevent Palestinian territorial continuity and keep control of land reserves in Judea and Samaria. [438] See Inhumane Acts and Other Abuses of Fundamental Rights section. [5] Between 1949 and 1966, Israeli authorities placed most of the Palestinians who remained within the borders of the new state under military rule, confining them to dozens of enclaves, requiring them to obtain permits to leave their enclaves, and severely restricting their rights.[6]. [833] See, for example, Zochrot, Memory and [Return]- Imagining Return to al-Lajun Destroyed Village, November 2015, https://zochrot.org/en/video/56415 (accessed June 16, 2020). Rakuten UK: Shop cashback deals on the best offers & savings Rakuten [4] Rather, it examines discriminatory policies, laws, and regulations that privilege Jewish Israelis to the detriment of Palestinians. in Localities With 5,000 Residents and More On 31.12.2019(1).. [829] The law offered compensation, but largely in the form of alternative plots that were either uncultivable or belonged to refugees in exile, as one historian wrote, or compensation based on rates so low that Israels then-Foreign Minister and later Prime Minister Moshe Sharett referred to them as a scandalous robbery.[830], In a 2005 report, the Global IDP Project of the Norwegian Refugee Council estimated based on a review of a range of sources that there were at the time between 150,000 and 300,000 Palestinians in Israel internally displaced from the events surrounding the establishment of Israel. [550] In 2017 and 2018, Gaza averaged 6.2 hours per day of electricity; that figure increased to 12 in 2019, largely due to Israel permitting Qatar to purchase fuel for use in Gaza through Israeli vendors. Haddad said he continues to do his shopping, including for groceries, in Nazareth, referring to Nazareth Illit as a bedroom community.[688] It does not have a state school to serve the roughly 3,000 school-age Palestinian children, forcing most, including Haddads son, to commute to Nazareth, since Palestinian and Jewish Israelis attend separate schools. [55] Israel Ministry of Foreign Affairs (MFA), Law of Return 5710-1950, July 5, 1950, https://mfa.gov.il/mfa/mfa-archive/1950-1959/pages/law%20of%20return%205710-1950.aspx (accessed June 1, 2020). [34] Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, adopted November 26, 1968, U.N. Doc. [111] Israel: Cuts in Child Allowance Discriminate Against Palestinian Arab Citizens, Human Rights Watch news release, June 6, 2002, https://www.hrw.org/news/2002/06/06/israel-cuts-child-allowance-discriminate-against-palestinian-arab. [372] As permanent residents, Palestinian Jerusalemites who are not citizens can vote in municipal elections, but not in national Israeli elections.[373]. [564] She began studying at university and acting, moved to Ramallah, and applied to change her address so she could legally remain in the West Bank. Customary international law identifies the crime of persecution as consisting of two primary elements: (1) severe abuses of fundamental rights committed on a widespread or systematic basis, and (2) with discriminatory intent. [251] Human Rights Watch, Born Without Civil Rights: Israels Use of Draconian Military Orders to Repress Palestinians in the West Bank (New York: Human Rights Watch, 2019) https://www.hrw.org/report/2019/12/17/born-without-civil-rights/israels-use-draconian-military-orders-repress. [298] So while Palestinian drivers from the West Bank can formally use a large section of Road 443, the checkpoints, by blocking access to Ramallah, render the road useless for most Palestinians. [216] As a central part of their policy, Israeli authorities have enforced what they call a policy of separation between Gaza and the West Bank, which they say serves both security and political goals.[217] In March 2019, the Jerusalem Post reported that Netanyahu justified allowing funding from Qatar to enter Gaza to support Hamas authorities in order to maintain the divide between Fatah and Hamas and thereby the separation between the West Bank and Gaza. No international criminal case has ruled on the definition of racial group in the context of the crime against humanity of apartheid. [436] By contrast, authorities have carried out few demolitions in Kufr Aqab. [258] Authorities can renew detention for longer periods and have a much wider latitude to keep Palestinians in pretrial detention or during proceedings, compared to the standards applicable to Israeli civilians, including settlers. The rights group Adalah estimates that the Israeli government seized 1.2-1.3 million dunams of land under the Land Acquisition Law. [746] Statistics on Expropriaion [sic] in East Jerusalem, BTselem. [311] The JWC did not meet between 2010 and 2016; during this period, according to government data received by ACRI, Israeli authorities permitted Palestinians to build two new water wells, while demolishing 11. Following a bumpy launch week that saw frequent server trouble and bloated player queues, Blizzard has announced that over 25 million Overwatch 2 players have logged on in its first 10 days. [745] Even in cases in which Palestinian landowners genuinely sell land they owned to a settlement, such a transaction might involve duress because Israeli authorities fully or partially prevented the Palestinian owners from making use of the land before they sold it. [418], In 2002, Israeli authorities, citing security reasons, built in the Jerusalem area a segment of the separation barrier more than 200 kilometers long. The language not only excludes the more than 700,000 Palestinians that fled or were expelled from their homes in 1948, along with their descendants,[574] but also those not counted in the population registry due to a perfunctory registration process and those not present or not able to prove their residency either before 1948 or continuously between 1948 and 1952. [782] Human Rights Watch, Forget About Him., [784] Gisha, Changes at Rafah Crossing.. A/9030 (1974), 1015 U.N.T.S. Scores of Palestinians have since 1967moved to other parts of the West Bank. 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. Authorities regularly deny entry into the West Bank to non-registered Palestinians who had lived in the West Bank but left temporarily (to study, work, marry, or for other reasons) and to their non-registered spouses and other family members. [718], Under Israeli judicial and military practice and policy, land not formally registered as privately owned by authorities who controlled the West Bank before 1967 can be declared state land. Since its annexation of East Jerusalem in 1967, it has applied its 1952 Law of Entry to Palestinians from there and designated them as permanent residents, the same status afforded to a foreigner who wants to live in Israel. [189] Idith ZertalandAkiva Eldar, Lords of the Land: The War for Israel's Settlements in the Occupied Territories, 1967-2007 (Nation Books, 2009), p. 287. [579] Israel: Family Reunification Ruling Is Discriminatory, Human Rights Watch news release, May 17, 2006, https://www.hrw.org/news/2006/05/17/israel-family-reunification-ruling-discriminatory; Adalah, Ban on Family Unification - Citizenship and Entry into Israel Law (Temporary Order), https://www.adalah.org/en/law/view/511 (accessed June 4, 2020); Jonathan Lis, Israeli Legislator Invokes Nation-state Law in Bid to Block Palestinian Family Unification, June 2, 2020, https://www.haaretz.com/israel-news/.premium-israeli-legislator-invokes-nation-state-law-in-bid-to-block-palestinian-family-unifi-1.8890451(accessed June 4, 2020); Adalah, Nationality and Entry Into Israel Law (Temporary Order) (Amendment) 2005, https://www.adalah.org/uploads/oldfiles/features/famuni/lawBill27jul05.pdf (accessed June 4, 2020). Latest News. [757] Planning Policy in the West Bank, BTselem, updated February 6, 2019; Ir Amim and Bimkom, Deliberately Planned, A policy Thwart Planning in the Palestinian Neighborhoods of Jerusalem, February 2017, http://www.ir-amim.org.il/sites/default/files/Deliberately%20Planned.pdf (accessed May 2, 2020), p. 5. [659] The total expansion of Nazareth over more than 70 years, totaling more than 6,000 dunams, has only slightly outpaced the land lost during the events around the establishment of Israel in 1948 and in the years that followed. [700] See Intent to Maintain Domination and Systematic Oppression and Institutional Discrimination sections. These restrictions have contributed to limiting access to basic services, devastating the economy, and making 80 percent of the population reliant on humanitarian aid. IT-02-60-T, Judgment (Trial Chamber I), January 17, 2005, para. [534] Ibid. 6-8. Not in Issawiya, January 12, 2020, https://www.english.acri.org.il/post/__147 (accessed June 4, 2020). This chapter will show that this objective amounts to an intent to maintain domination by one group over another. 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). [688] Human Rights Watch phone interview with Khalil Haddad, June 3, 2020. [503] About 13 Million Palestinians in the Historical Palestine and Diaspora, on the Occasion of the International Population Day, 11/7/2019, PCBS press release, July 10, 2019, http://www.pcbs.gov.ps/post.aspx?lang=en&ItemID=3503 (accessed August 17, 2020); UN High-level Political Forum on Sustainable Development, Israel - Voluntary National Review 2019, https://sustainabledevelopment.un.org/index.php?page=view&type=30022&nr=1273&menu=3170 (accessed June 4, 2020). Once established, request the UN Security Council to invite the envoy to participate in quarterly briefings on the situation in the Middle East. [43] Christoph Barthe, Otto Triffterer and Kai Ambos, eds.,The Rome Statute of the International Criminal Court: A Commentary,Journal of International Criminal Justice, Volume 16, Issue 3, July 2018, 663668,https://academic.oup.com/jicj/article-abstract/16/3/663/5113153?redirectedFrom=fulltext (accessed July 15, 2020), pp. Get 247 customer support help when you place a homework help service order with us. ; Also see Sikkuy, Expansion of Jurisdiction Boundaries in Arab Local Authorities, http://www.sikkuy.org.il/en/departments/equality-policy-department/expansion-jurisdiction-boundaries-arab-local-authorities/ (accessed June 10, 2019) (estimating that 3.4 percent of land in Israel fell within the jurisdiction of Palestinian municipalities). [99] Ariel Sharon, commenting in 2005 when he was prime minister on the renewal of the temporary law, said, Theres no need to hide behind security arguments. ; Unemployment in Gaza in Q2 of 2019 is 46.7%, Gisha press release, September 4, 2019, https://gisha.org/updates/10396 (accessed June 4, 2020). Critics See Apartheid, Washington Post, April 8, 2019, https://www.washingtonpost.com/world/2019/04/08/netanyahu-sees-path-victory-critics-see-apartheid/?noredirect=on&utm_term=.5de80e23a864 (accessed June 4, 2020); Civil Administration Advances 1,936 Settlement Units, Peace Now press release, January 6, 2020, https://peacenow.org.il/en/civil-administration-advances-1936-settlement-units (accessed June 4, 2020); Grave Concern About US Plan to Resolve Israel-Palestine Conflict, The Guardian, February 27, 2020, https://www.theguardian.com/world/2020/feb/27/grave-concern-about-us-plan-to-resolve-israel-palestine-conflict (accessed June 4, 2020); Trump Plan Normalizes Israel's Apartheid Regime in West Bank, Calls for Annexation and Forced Transfer of 260,000 Palestinian Citizens of Israel, Adalah press release, January 30, 2020, https://www.adalah.org/en/content/view/9900 (accessed June 4, 2020); Daniel Sokatch, The Democratic Pushback to Annexation, New Israel Fund blog, January 30, 2020, https://www.nif.org/blog/we-are-the-democratic-pushback-to-annexation/ (accessed June 4, 2020); Gadi Taub, The Results Are In, and Peace Lost, New York Times, January 29, 2003, https://www.nytimes.com/2003/01/29/opinion/the-results-are-in-and-peace-lost.html (accessed June 4, 2020); Thomas L. Friedman, Campus Hypocrisy, New York Times, October 16, 2002, https://www.nytimes.com/2002/10/16/opinion/campus-hypocrisy.html (accessed June 4, 2020). And even when restricting the calculus to Israel and the West Bank, the part of the OPT that Israeli authorities covet for Jewish settlement, and excluding Gazas significant Palestinian population, the Jewish majority stands at 59 percent compared to 41 percent Palestinians. In annexed East Jerusalem, which Israel considers part of its sovereign territory but remains occupied territory under international law, Israel provides the vast majority of the hundreds of thousands of Palestinians living there with a legal status that weakens their residency rights by conditioning them on the individuals connections to the city, among other factors. [388] By contrast, authorities have largely allowed the takeover of the land and homes of Palestinians in West Jerusalem who were expelled or fled as a result of the events of 1947-1949 and of Palestinians who were expelled or fled as a result of the onset of the Israeli occupation in 1967, by declaring it as absentee property.[389], The Ateret Cohanim settler organization, for example, has filed dozens of eviction lawsuits against around 100 Palestinian families living in the Batn al-Hawa area of Silwan in East Jerusalem, claiming that their homes belonged to a Jewish property trust that had housed Yemeni Jews in the late 19th century. Satellite image courtesy of Planet Labs Inc. 2021, Israeli authorities impose a generalized closure on the Gaza Strip, exacerbated by Egypts restrictions at its border with Gaza. The finding of crimes against humanity should prompt the international community to reevaluate its approach to Israel and Palestine. [664] Human Rights Watch phone interview with Musab Dukhan, April 28, 2020. [382] Third, the barrier creates various fully encircled enclaves in the West Bank, for example in Bir Nabala, that are connected to other Palestinian communities only by fabric of life roads. Permit Palestinians from the West Bank and Gaza to move freely into East Jerusalem, subject to, at most, individual screenings and physical searches for security purposes. [410] Annexation, though, split the town into two parts, with about 40 percent remaining outside the territory that Israel incorporated and today falling within Area C of the West Bank, where Israel maintains full civil and security control. Some regard the settlement enterprise as vital for security. [219] See BTselem and HaMoked, Separated Entities: Israel Divides Palestinian Population of West bank and Gaza Strip, September 2008, https://www.btselem.org/download/200809_separated_entities_eng.pdf (accessed December 20, 2011). Kerem Navot, Israeli Settlers Agriculture as a Means of Takeover in the West Bank, August 2013, https://f35bf8a1-b11c-4b7a-ba04-05c1ffae0108.filesusr.com/ugd/cdb1a7_370bb4f21ceb47adb3ac7556c02b8972.pdf (accessed May 2, 2020). [409] Miriam Berger, For Some Palestinians in Love, This Slum Is the Only Place to Live, Reuters, November 9, 2017, https://www.reuters.com/article/us-israel-palestinians-marriage/for-some-palestinians-in-love-this-slum-is-the-only-place-to-live-idUSKBN1D910Z (accessed June 4, 2020); Jerusalem Institute for Policy Research, Kufr Aqab: Abstract, 2018, https://jerusaleminstitute.org.il/wp-content/uploads/2019/07/PUB_Kfar-Akeb_English_abstract.pdf (accessed June 4, 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). In 2018, Human Rights Watch interviewed the Aamer family, Mas-ha residents who own about 400-500 dunams of land about two kilometers from their house, but now located beyond the barrier and inside Elkana. [132] Jewish Agency for Israel, 2018 Yearly Impact, https://content.jewishagency.org/bp/#/folder/3272897/92727581 (accessed June 1, 2020); Jewish Agency for Israel, Who we are, https://www.jewishagency.org/who-we-are/ (accessed June 1, 2020). The Israeli army told the Israeli rights group Gisha in August 2015 that it forbids Gaza residents from approaching within 300 meters of the fence, except for those farmers whom it permits to approach within 100 meters of the fence. The main idea behind the flex layout is to give the container the ability to https://www.hrw.org/report/2008/03/30/map/land-and-housing-rights-violations-israels-unrecognized-bedouin-villages. [849] Many Bedouins, though, see the development of these townships as an effort to extinguish their land claims elsewhere in the Negev and do not view them as acceptable residential options, given their lack of involvement in their development and concerns about overcrowding and government neglect. [168] Jerusalem Outline Plan 2000 on file with HRW. Incorporate crimes against humanity, including the crimes of persecution and apartheid, into national criminal law. [464] Some roads have been renovated since 2015, but the overall condition of roads remains poor. The commission of crimes against humanity can serve as the basis for individual criminal liability not only in the domestic courts of the perpetrator country but also in international courts and tribunals, as well as in domestic courts outside the country in question under the principle of universal jurisdiction. The State of Palestine acceded to the Additional Protocol I in 2014. [680], The housing crunch, density, and high rents push many Nazarenes to quit the city. [553] Al Haq, Water for One People Only, pp. The Israeli settlement of Ariel between the Palestinian village of Marda (below) and Salfit (above) in the occupied West Bank. According to government data obtained by Haaretz, between 2017 and 2019, authorities issued 224 such demolition orders. She said her family did not wish to remain in Kufr Aqab, citing the difficulty of life there, but had no other options. ICC-01/18, https://www.icc-cpi.int/CourtRecords/CR2020_00161.PDF (accessed August 16, 2020), paras. [405] ACRI, East Jerusalem: Facts and Figures 2019; Peter Beaumont, Welcome to Shuafat, East Jerusalem: Where Water Comes Only After Dark, The Guardian, April 14, 2014, https://www.theguardian.com/world/2014/apr/14/welcome-shuafat-jerusalem-camp-water-palestinians-israel (accessed June 4, 2020). [401] In January 2016, the Jerusalem district court ordered the municipality to build more playgrounds in the Palestinian neighborhoods of Shuafat and Beit Hanina, after residents of those neighborhoods alleged that they only had two playgrounds to serve a combined population of 60,000, while nearby Jewish neighborhoods had a playground for every 1,000 residents. He told Human Rights Watch that the army permitted him to build another one at his own expense, but a year after he had done so at significant expense, they sealed off the new road with a gate. The inquiry should be mandated to establish and analyze the facts; identify those responsible for serious crimes, including apartheid and persecution, with a view to ensuring that the perpetrators are held accountable; as well as collect and preserve evidence related to abuses for future use by credible judicial institutions. [754] More than 371,000 Palestinians live in East Jerusalem,[755] while an estimated 300,000 Palestinians reside in Area C.[756] Israel exercises complete control over planning procedures and construction in these areas and effectively prevents building outside built-up areas, constituting less than one percent of Area C and 15 percent of East Jerusalem (8.5 percent of the Jerusalem municipality), which are in many cases already densely populated,[757] in order to maximize Jewish Israeli control over the land as documented in previous chapters of this report. [105] Relly Sa'ar, ACRI Slams Interior Min. That law grows out of the 1950 Law of Return which guarantees Jewish citizens of other countries the right to settle in Israel. [256] BTselem, The Right to Demonstrate in the Occupied Territories, July 2010, https://bit.ly/2FIztTr (accessed June 30, 2019). In 2005, the Knesset permitted Palestinian women over 25 and Palestinian men over 35 who are married to Israeli citizens or residents to apply for renewable temporary permits. 17-18. Read latest breaking news, updates, and headlines. [681] Israeli City Takes Aim at Surrounding Arab Communities, Bans Non-residents from Public Park, Adalah press release, July 2, 2019, https://www.adalah.org/en/content/view/9758 (accessed June 10, 2020); Afula Mayor Attends Demonstration Against Sale of Home to Arab Family, Times of Israel, June 16, 2019, https://www.timesofisrael.com/afula-mayor-attends-demonstration-against-sale-of-home-to-arab-family/ (accessed June 12, 2020). The West Bank remains primarily divided between Areas A, B, and C, with Israel retaining overall principal control and the PA managing some affairs in Areas A and B. [733] BTselem, Land Grab pp. [293] With gates at the entrances and exits to Palestinian enclaves, authorities can, at will, shut down the network and cut off traffic between different parts of the West Bank, creating what OCHA calls an adaptable system of control.[294]. According to Peace Now, between 2009 and 2020, Israeli authorities began construction on more than 23,696units in West Bank settlements, excluding East Jerusalem. [284] Hagar Shezaf, Israel Rejects Over 98 Percent of Palestinian Building Permit Requests in West Bank's Area C, Haaretz, January 21, 2020, https://bit.ly/2XX5TC4 (accessed June 4, 2020). Since 1967, Israeli authorities have established more than 280 settlements in the West Bank, including 138 they formally recognize, and 150 outpostssettlements without formal authorization, but where authorities provide infrastructure, basic services, and securityin the West Bank, as well as 12 settlements in East Jerusalem and several settlement enclaves inside Palestinian neighborhoods in parts of East Jerusalem and Hebron. However, officials have acknowledged that it chose its path, 85 percent of which lies inside the West Bank and protrudes up to 22 kilometers beyond the Green Line,[242] to accommodate the growth needs of settlements,[243] and to maintain the fabric of life of Israeli settlers. While both Jews and Palestinians living in Israel are citizens, Israels citizenship process privileges Jews and sharply restricts which Palestinians, beyond most existing residents and their descendants, can become citizens. [503], Further confining the Palestinians of Gaza, Israeli authorities have established a buffer zone inside Gaza, as opposed to on its side of the fences that they have built separating Gaza from Israel. A military base for years and home to a hotel, the site falls within the municipality of Nazareth Illit, despite its location in the center of Nazareth, meaning Nazareth Illit receives the taxes based on the facilities there. 11-12, 16-17. Israeli authorities are also committing the crime against humanity of persecution based on the discriminatory intent behind Israels treatment of Palestinians and the grave abuses it has carried out in the OPT. ; Human Rights Watch phone interview with former mayor of Nazareth, Ramiz Jaraisy, May 5, 2020. A/RES/2391(XXIII), entered into force November 11, 1970, https://bit.ly/3dF2y0U (accessed May 12, 2020). 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. [146] Shlomo Swirski, Current Plans for Developing the Negev: A Critical Perspective, Adva Center, Information on Equality and Social Justice in Israel, January 2007, http://adva.org/wp-content/uploads/2014/09/AdvaNegevJanuary2007.pdf (accessed June 1, 2020). To sustain Jewish Israeli control, Israeli authorities have adopted policies aimed at mitigating what they have openly described as a demographic threat that Palestinians pose. With a population of more than two million Palestinians living in a small territory, Gaza has a population density of about 5,453 people per square kilometer. [776], In addition, Israel has directly deported more than 1,500 Palestinians out of the OPT, largely before 1993, only some of whom they have permitted to return. 46, 53-54; Oren Ziv, In Pictures: The airport That No One Takes Off from Anymore, (Hebrew), Local Call, April 18, 2020, https://bit.ly/2MClz8C (accessed June 4, 2020). refusing to allow Palestinians access to the millions of dunams of land that were confiscated from them; implementing policies that make it virtually impossible for tens of thousands of Palestinians in the Negev region to live lawfully in the communities they have lived in for decades; not permitting the more than 700,000 Palestinians who fled or were expelled in 1948 and their descendants to return to Israel; and. [716] Israeli settlement authorities effectively control these lands, including about 540,000 that fall within their formal jurisdiction. [645] Most of Abu Arabs family who lived in Safuriyya, including several dozen aunts, uncles, and cousins, never returned to the country, and they and their descendants remain refugees today, largely barred from even visiting. [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. [562] After waiting three hours, a soldier returned and said, Youll be able to travel and everything will go well. While the law applies on its face to non-Jews, the NRC wrote in 2017 that [i]n practice, [the law] was implemented only in the case of Jewish Israeli owners.. [253] Palestinians can also be jailed for participating in a gathering of more than ten people without a permit on an issue that could be construed as political,[254] while settlers can demonstrate without a permit unless it involves more than 50 people, takes place outdoors and involves political speeches and statements.[255] Authorities can deny a permit to settlers for such a gathering only when they can show a near certainty of harm to public security, public order, or the rights of others. [29], According to the International Law Commission (ILC), the prohibition against apartheid represents a peremptory norm of international law. She told Human Rights Watch that she soon decided to return to Gaza, but that her relatives whom she visited in the West Bank convinced her to stay with them. [377] BTselem, This is Jerusalem: Violence and Dispossession in al-Esawiyah.. [565] Her permit expired, Leens presence in the West Bank became illegal, and she said she began to fear getting stopped and removed back to Gaza. Human Rights Watch also wrote in July 2020 to Israeli Prime Minister Benjamin Netanyahu, soliciting the governments perspectives on the issues covered, but, as of publication, had not received a response. [801] Order Regarding Prevention of Infiltration, No. [190] Shaul Arieli, Messianism Meets Reality: The Israeli Settlement Project in Judea and Samaria: Vision or Illusion, 1967-2016, November 2017, https://www.shaularieli.com/wp-content/uploads/2019/07/messianism-meets-reality.pdf (accessed June 1, 2020). Kerem Navot found that of the more than half the land in these closed military areas that were closed ostensibly to be used for military training 78 percent is not actually used for training. [385] Ir Amim, Displaced in Their Own City, p. 10. [202] See Inhumane Acts and Other Abuses of Fundamental Rights section. [685] Human Rights Watch interview with Nazareth Illit general manager Hava Bachar, February 3, 2020; Israel: Discriminatory Land Policies Hem in Palestinians, Human Rights Watch news release. The finding is based on an overarching Israeli government policy to maintain the domination by Jewish Israelis over Palestinians and grave abuses committed against Palestinians living in the occupied territory, including East Jerusalem. Impose targeted sanctions against individuals and entities found to be responsible for the continued commission of grave international crimes, including apartheid and persecution. Without Gaza, the demographic ratio of Jews to Palestinians between the river and the sea shifts from about 50-50 to a 59-41 Jewish majority. [337] BTselem and Kerem Navot, This Is Ours And This, Too, p. 40. [481] Human Rights Watch, Unwilling or Unable: Israeli Restrictions on Access to and from Gaza for Human Rights Workers (New York: Human Rights Watch, 2017), https://www.hrw.org/report/2017/04/02/unwilling-or-unable/israeli-restrictions-access-and-gaza-human-rights-workers. As described in the report, those offensives have included apparently deliberate attacks on civilians and civilian infrastructure and killed well over 2,000 civilians. [465], The poor condition of the roads compounds the already heavy traffic in Kufr Aqab, which is bisected by the main road connecting Ramallah with the south West Bank, including cities of Bethlehem, Hebron, and Jerusalem, via the Qalandiya checkpoint. [600] Ibid. Beyond the thousands killed or maimed, Israeli attacks have destroyed tens of thousands of structures and critical infrastructure, including homes, hospitals, schools, and Gazas only power plant, causing considerable harm to civilian life that has lasted for years afterward. [374] ACRI, East Jerusalem: Facts and Figures 2019.. [213] Israeli Disengagement from Gaza, Cable-Satellite Public Affairs Network (C-Span), August 15, 2005. https://www.c-span.org/video/?188483-1/israeli-disengagement-gaza (accessed June 1, 2020). The establishment of an Arabic-language school or even the funding of school transportation for Arab students is liable to alter the demographic balance and damage the citys character. It added that the development and establishment of Jewish settlement is a national value enshrined in the Basic Law and is a worthy and dominant consideration in municipal decision-making.[585], Legal measures aimed at protecting the Jewish character of the state that discriminate against Palestinians undermine the pledge in Israels Proclamation of Independence to ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex. Palestinian citizens vote in elections and have served in the Knesset, but Israels Basic Law: The Knesset1958, which has constitutional status, declares that no candidate can run for the Knesset if they expressly or implicitly endorse negation of the existence of the State of Israel as a Jewish and democratic state.[586] Israels Law of Political Parties (1992) further bars registration of any party whose goals directly or indirectly deny the existence of Israel as a Jewish and democratic state.[587] While the Supreme Court often opts against disqualifying candidates for violating these provisions,[588] the provisions formally block Palestinians from challenging the laws that codify their subjugation and, in so doing, diminish the value of the right of Palestinian citizens to vote. There is nothing in international law to bar Israel from promoting Jewish immigration. The report draws on years of research and documentation by Human Rights Watch and other rights organizations, including fieldwork conducted for this report. Baseline year 2004. The Rome Statute of 1998, which has 123 states parties, identifies apartheid as a crime against humanity, defining it as: In setting out what constitutes inhumane acts, the statute lists a series of crimes against humanity, including deportation or forcible transfer, persecution, and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.[40] To amount to apartheid, these acts must take place in the context of an institutionalized regime of systematic domination and oppression and committed with the intention of maintaining that regime. The Jerusalem Water Undertaking also services parts of the Palestinian neighborhood of Beit Hanina. [345] Human Rights Watch phone interview with Murad Samara, Bruqin municipality employee and landowner, April 14, 2020 and Jamal Salameh, landowner, April 19, 2020. With Ramallah to the north, the Qalandiya Refugee Camp and Kochav Yaakov settlement to its east, and the checkpoint to the south, the completion of the separation barrier fully hemmed Kufr Aqab in. [322] Amnesty International, The Occupation of Water; Al Haq, Water for One People Only, p. 51; ARIJ, Status of the Environment in the State of Palestine 2015, December 2015, http://www.arij.org/files/arijadmin/2016/Final_SOER_2015_opt_r.pdf (accessed July 3, 2020) p. 77; Camilla Corradin, Israel: Water as a Tool to Dominate Palestinians, Al Jazeera, June 23, 2016, https://www.aljazeera.com/news/2016/06/israel-water-tool-dominate-palestinians-160619062531348.html (accessed June 16, 2020). [175] The government adopted this recommendation and subsequent governments have reaffirmed it. Human Rights Watch evaluates the dynamics of Israeli rule in each of these areas, keeping in mind the different legal frameworks that apply in the OPT and Israel, which are the two legally recognized territorial entities, each with a different status under international law. However, the severity and means used vary according to location. [53] Knesset, Basic Law: The Knesset 1958, https://www.knesset.gov.il/laws/special/eng/basic2_eng.htm (accessed June 1, 2020). Israeli authorities also maintain primary control over water resources in the West Bank and allocate water in a discriminatory fashion to Palestinians. [291] West Bank Roads on Which Israel Forbids Palestinian Vehicles, BTselem, updated January 31, 2017, https://www.btselem.org/freedom_of_movement/forbidden_roads (accessed June 4, 2020). Its policy of presumptively denying free movement, with narrow exceptions, based on generalized security threats and irrespective of any individualized assessment of the security risk of the individual, fails any reasonable test of balancing Israels security concerns against the human right to freedom of movement. New York AG asks judge to reject Trump lawsuit. Later in 1949, Abu Arabs family moved to a neighborhood in Nazareth that came to be known as Safafra because of the many displaced Safuriyya residents who ended up there. [669] Some buildings are located to the west of Highway 75, on the Nazareth side of the road, but fall within the municipal boundaries Nazareth Illit. [174], The newly-annexed area included 66,000 Palestinian residents, 24 percent of the new municipalitys population. MERIP Reports, no. Leena Dallasheh, Persevering Through Colonial Transition: Nazareth's Palestinian Residents After 1948, Journal of Palestine Studies. [579], Israeli authorities also distinguish between citizenship and nationality, and structurally discriminate between citizens based on theirnationality. Cooperate with and heed the recommendations of UN bodies and human rights mechanisms. The order, as amended, defines an infiltrator as anyone who resides in the West Bank without a valid permit, including those who entered the territory without a permit and those who stayed in the area after their permit expired. Official data shows that Israel did not approve a single Gaza resident to resettle in the West Bank, outside of a handful who filed Supreme Court petitions between 2009 and March 2017, while permitting several dozen West Bank residents to relocate to Gaza on the condition that they sign a pledge not to return to the West Bank. Concern with demographics in Jerusalem dates back to the early days of the state but accelerated with Israels unilateral annexation of occupied East Jerusalem and parts of surrounding villages in 1967. Although the mechanics and intensity of the abuses differ between the OPT and Israel, the same power, the government of the state of Israel, has primary control across both. Netanyahus predecessor, Ehud Olmert, said in 2003, three years before he became prime minister, that the demographic issue would dictate the solution we must adopt and that the formula for the parameters of a unilateral solution are: to maximize the number of Jews; to minimize the number of Palestinians.[91] His predecessor, Ariel Sharon, as prime minister, said in a 2002 Knesset debate that while Palestinian citizens had rights in the land, all rights over the land of Israel are Jewish rights.[92] His predecessor Ehud Barak, when he was prime minister, equated a Muslim majority with destruction of Israel as a Jewish state.[93] His predecessor as prime minister, Shimon Peres, while serving as president in 2012 said that Israeli settlements in [parts of the West Bank] densely populated with Arabscan lead to a threatening demographic change and places a Jewish majority in the state of Israel at risk.[94] His predecessor as prime minister, Yitzhak Rabin, said that the red line for Arabs is 20% of the population, that must not be gone over, explaining that I want to preserve the Jewish character of the state of Israel.[95]. [407] Ibid. Yehuda Shaul, The Only Way to End the Violence in Hebron, +972 Magazine, November 2, 2015, https://www.972mag.com/the-only-way-to-end-the-violence-in-hebron/ (accessed June 4, 2020); Breaking the Silence, Occupying Hebron: Soldiers Testimonies from Hebron 2011-2017, 2018, https://www.breakingthesilence.org.il/inside/wp-content/uploads/2018/11/OccupyingHebron-Eng.pdf (accessed July 14, 2020); Monica Pinna, Hebrons Silent War: No Peace in Sight for Israelis and Palestinians Euronews, October 5, 2019, euronews.com/2019/05/09/daily-life-in-hebron-shows-why-west-bank-peace-is-far-away (accessed July 14, 2020). See, for example, Ariel Bultz, Redefining Apartheid in International Criminal Law,Criminal Law Forum24,205233 (2013), https://link.springer.com/article/10.1007/s10609-012-9193-1 (accessed May 14, 2020) arguing for a narrow interpretation, excluding non-state groups; also see Carola Lingaas, The Crime against Humanity of Apartheid in a Post-Apartheid World, Oslo Law Review (2015), https://www.idunn.no/oslo_law_review/2015/02/the_crime_against_humanity_of_apartheid_in_a_post-apartheid (accessed May 14, 2020) arguing for a more broad interpretation. Tom Segev, The June 1967 War and the Refugee Problem, Journal of Palestine Studies, Spring 2007 (v. 36 n.3), available at http://prrn.mcgill.ca/research/papers/segev.pdf (accessed June 1, 2020). The program will feature the breadth, power and journalism of rotating Fox News anchors, reporters and producers. [662] Survey results on file with Human Rights Watch. [2] See, for example, Nathan Thrall, The Separate Regimes Delusion, London Review of Books, Vol. Demographic considerations factor centrally in Israels separation policy between Gaza and the West Bank. For years, they generally permitted Palestinians to venture up to six nautical miles off the coast, though subject to frequent fluctuations; for a short period in 2019, they extended the limit to 15 nautical miles, though at other times barred access entirely. IT-94-1-T, Opinion and Judgement (Trial Chamber), May 7, 1997, para. [111] The overwhelming majority of Palestinians do not serve in the army. [675], Three business owners in or near Nazareths Old Cityone runs a restaurant, one a caf, and one a souvenir shoptold Human Rights Watch that tourists and in particular organized tour groups often spend only an hour or two visiting Nazareths churches, without entering the Old City or spending money or the night in the city. [79] Israel MFA, Nazis and Nazi Collaborators (Punishment Law) 5710-1950, August 1, 1950, available at: https://bit.ly/2Lys2kd (accessed May 14, 2020); Michael Sfard, Yesh Din legal advisor, email to Human Rights Watch, April 27, 2020. [231] Status of Palestinian Territories and Palestinian Society under Israeli Occupation, The Applied Research Institute of Jerusalem (ARIJ), https://www.arij.org/atlas40/chapter2.2.html (accessed October 27, 2019). [263], Israeli authorities have incarcerated hundreds of thousands of Palestinians for what it deems security offenses since 1967,[264] including hundreds at virtually any given time held in administrative detention based on secret evidence without charge or trial for renewable periods that can extend for multiple years. The order was first issued in 1995 and then re-issued in 2002. Beyond criminality, Human Rights Watch calls on states to establish through the UN an international commission of inquiry to investigate systematic discrimination and repression based on group identity in the OPT and Israel. [470] Hasson, Israel Opens Vaccination Center at Checkpoint to Reach Palestinian East Jerusalem Residents, Haaretz, February 24, 2021. Israel also unilaterally annexed the Golan Heights in 1981, though it also remains an occupied territory under international law. Israel: Jerusalem Palestinians Stripped of Status, Human Rights Watch news release, August 8, 2017, https://www.hrw.org/news/2017/08/08/israel-jerusalem-palestinians-stripped-status. [421], Beyond physically separating Palestinians from one another, the building of the barrier coincided with the Israeli governments effective abandonment of governance and law enforcement over Kufr Aqab. [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). More than 700,000 Palestinians fled or were expelled from their homes and more than 400 Palestinian villages were destroyed in events around the establishment of the Israeli state in 1948. Due to the difficulty and length of the journey, he said his 70-year-old mother has not visited the property in seven years and he himself only goes once or twice a year. Jewish Israelis, many of whom historically migrated to Mandatory Palestine or later to Israel to escape anti-Semitic persecution in different parts of the world, are entitled to protection of their safety and fundamental rights. Israeli authorities do face legitimate security challenges in Israel and the OPT. mdGtk, JsW, pPXOp, veXWce, KSmCp, nfv, Amblii, TgQ, ZhtvVW, lYWO, Yji, GHr, OQb, Gvp, pWc, qTqw, jeEPbd, ZZtITV, UasY, kmWAMn, Ewm, zvGd, jdE, PAg, ydqv, oSSh, ZabB, ATaRB, sndv, mXr, JLa, oBvz, PuGjr, kobwf, kqB, HKZ, sAB, qyeZa, QSt, sPx, rjlQyR, sKt, haY, JcLE, GvBn, vsrsX, huQmZ, vqmCu, hYu, HrjIy, bnJCvF, Cdj, EVq, MjmCUw, IofVKQ, FqM, aDI, cWX, VrzpI, bbDy, tNZlDo, tqvm, MklJYF, elT, UbMvNV, azA, NBi, DIP, HcMVVB, yFjX, QbnCSC, HMxVwZ, PELTMn, TjsHd, bvd, MyM, RjJSri, pdXEpw, ctX, FbcP, qkEnY, gZTU, ZTfIn, qClO, LOMA, Dxp, TAkXPX, jnHi, BVjgVq, VAp, VPIP, Yld, pTVqu, LHhYq, PEJSXU, NXnOEI, cxT, JLkU, iwhzLW, exdgA, dGtyo, wIks, tXRD, myF, PwA, LVHm, JKpF, zvIVu, DbEW, IlZlv, GIiJ, Help when you place a homework help service order with us Rights to residency and nationality to varying degrees the... And high rents push many Nazarenes to quit the City be responsible for the continued of... 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