Palestine Report

8/12/2019 Palestine Report

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Contents

1. Introduction 2

2. Hist ory 3

3. 40 Years Of Occupation 6

a. Killings and Injuries 6

b. Collective Punishments 7

i. Checkpoints 8

ii. Curfews and Closures 9

iii. House Demolitions 10

iv. Denial of Water 12

v. The Wall 12

vi. Family Separation 14

c. Settlements 14

d. Political Prisoners and the use of Torture 16

e. Effects on Children 17

f. Attacks on Medical Personnel and Services 18

4. Violations on Press Freedoms 19

5. Attacks on the Al-Aqsa Sanctuary 20

6. The Case of Jerusalem 23

7. The Case of Bethlehem 24

8. Denying Democracy 25

9. Conclusion 26

Published by:Friends of Al-Aqsa

PO Box 5127Leicester LE2 OWU

UKwww.aqsa.org.uk


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40 Years of Occupation 2

1. Introduction

Since the Six Day War between Israel and its Arab neighbours took placein 1967, Israel has been occupying Palestinian territories in the West Bankand Gaza Strip. During these 40 years of occupation, as documented by

various human rights groups, Israel has been responsible for committinginnumerable war crimes against the civilian Palestinian people. As a resultIsrael has been the subject of a large number of UN Security Council andGeneral Assembly Resolutions.

In response to Israels aggression and violence, Palestinian retaliation hasresulted in Israeli civilians also being killed in this on going conflict. Whiledeaths on both sides are equally tragic and should never be undermined;the number of Palestinian deaths has been over four times greater than thenumber of Israeli deaths. Similarly, the number of Palestinians injured hasalso been over four times greater. Such statistics confirm thedisproportionate use of violence by the Israeli army against Palestiniancivilians.

The aim of this report is to highlight the major areas where Israel hasbreached its obligations under international law and has made life forPalestinians unbearable within the occupied territories. While Israel takesfull advantage of media attention every time Palestinians launch an attackand as a result their stories are told in detail; Palestinians on the otherhand face endless violence, suppression and oppression, which is largelyhidden from the world due to Israels well documented and deliberaterestrictions on press freedoms in the occupied territories. As a result,Palestinians are often regarded as the forgotten people, and those whosesole source of information is the mainstream media often end up viewingthe Palestinians as the aggressors rather than Israel.

The horror of life under occupation gave rise to two uprisings ( Intifadas)against Israel, and the most recent one continued between September

2000 and 2006. Over 4,000 Palestinians were killed during this period, andover 30,000 were injured. At its end, the Palestinians were further punishedby the international community when they took part in a fair, open andtransparent democratic process because they elected the popular liberationmovement, Hamas.

The Palestinian struggle continues to this day, and an end does not appearto be in site especially due to international complicity in the occupation.Therefore, Friends of Al-Aqsa and similar organisations working insolidarity with the Palestinian people will continue to educate and awakenpeople until there is a global change in attitude to the crisis and a just andpeaceful resolution is achieved for all those concerned.


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2. History

Prior to the formation of Israel in 1948, there was a steady stream ofJewish migrants to the Palestinian lands. Between 1930 and 1935 inparticular, with the growing persecution in Europe, approximately 150,000Jews arrived on the Palestinian shores.1 Following the British promise ofcreating a national homeland for the Jewish people in Palestine,2when theBritish withdrew from their mandate over the Palestinians in 1947, theUnited Nations General Assembly Resolution 181

3was passed in favour of

dividing Palestinian land between the overwhelming majority of indigenousArabs and the small minority of migrant Jews; 37% and 63% respectively.This was of course rejected by the Palestinians who refused to give up theirhomeland and country because, against every international norm and law,the General Assembly said they should.

However, the seeds of division were sewn and the resultant armed conflictcreated a catastrophe (Nakba) for 80% of the Palestinians who were forcedto flee their homes or face certain death at the hands of murderous Zionistgangs.

4The question of the legality of this Resolution was never scrutinized

as the General Assembly voted against conceding the point to theInternational Court of Justice for an Advisory Opinion.

In 1948, following a war between the immigrant Jews and the nativePalestinians,5Israel was declared on 78% of historic Palestinian land andwas recognised as a legitimate state by the United Nations subject tocompliance with Resolution 194. It is estimated that 750,000 Palestinianswere displaced from their homes

6during this war, and some 60 years later,

these people remain the worlds longest standing refugee problem.

Palestinian refugees- 1948


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In 1967, following the Six Day War between Israel and its neighbours Egypt,Jordan and Syria, Israel completed its occupation of all land belonging tothe Palestinians, as well as Egypts Sinai desert and Syrias Golan Heights.Contrary to the popular beliefs, former Israeli Prime Minister MenachemBegin stated that despite the build up of troops, the Arabs did not in factinitiate the hostilities: The Egyptian Army concentrations in the Sinaiapproaches do not prove that Nasser was really about to attack us. We

must be honest with ourselves. We decided to attack him.7

For 40 years, the majority of this occupation has persisted in defiance of theFourth Geneva Convention regulating belligerent occupation and numerousUnited Nations Security Council (UNSC) Resolutions on the issue. Throughthe occupation, Israel has expanded its borders by creating facts on theground which preclude any move to establish contiguous territories for aPalestinian state on the lands outside of its Green Line border.

Following the Six Day War, UNSC Resolution 2428

was passed inNovember 1967 requiring Israel to withdraw from territories occupied in thewar. Some Israeli commentators have interpreted the text of the Resolutionin such a way that it does not fulfil its intended objective, as they suggestthat it does not in fact require a withdrawal to the internationally recognised

Green Line border. Commentary from the Jewish Virtual Library9suggeststhat even as the Resolution was being negotiated, the wording wasdeliberately made obscure to allow Israel to continue its occupation. Theabsence of the word all from the requirement for Withdrawal of Israeliarmed forces from territories occupied in the recent conflict, is argued to besufficient to mean that some withdrawal is enough, regardless of how small,to satisfy this Resolution. Thus, Israel has already, purportedly, fulfilled itsobligations. This is a clear travesty against the real intention of theResolution.

The result of this has been a 40 year long occupation which has threatenedto annihilate the very fabric of Palestinian life, impacting on their culture,livelihoods, family structures and very basic human rights. Nothing has beensacred, including religious sites honoured for decades by both Muslim andChristian Palestinians.

More recently, UNSC Resolution 132210

(2000) was passed with a 14-0majority, requiring Israel to abide by its obligations under the Fourth GenevaConvention in its treatment of the occupied Palestinian people. Israelsobligations under international law and its failings were discussed by leadinginternational law professor Francis Boyle,11who concluded that: there are149 substantive articles of the Fourth Geneva Convention that protect therights of every one of these Palestinians living in occupied Palestine. TheIsraeli Government is currently violating, and has since 1967 been violating,almost each and every one of these sacred rights of the Palestinian Peoplerecognized by the Fourth Geneva Convention. Indeed, violations of theFourth Geneva Convention are war crimes.

Israel argues that it is not bound by the provisions of the GenevaConventions as they require the occupied state to have been the territory ofa high contracting party prior to the occupation taking place

12. This has been

refuted by the vast majority of international law academics and mostrecently, by the International Court of Justice (ICJ) in its Advisory Opinion

Balata RefugeeCamp


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on the Wall; where it was stated unequivocally that The Fourth GenevaConvention applies to the territories occupied by Israel

13:

The failure of Israel to recognise its duties and obligations to the occupiedPalestinian people under International law has had a seismic impact ontheir lives. Some specifics of the reality of Israels occupation are describedfurther in this report.

The Court notes that, according to the first paragraph ofArticle 2 of the Fourth Geneva Convention, when twoconditions are fulfilled, namely that there exists an armedconflict (whether or not a state of war has been recognized),and that the conflict has arisen between two contractingparties, then the Convention applies, in particular, in anyterritory occupied in the course of the conflict by one of thecontracting parties. The object of the second paragraph of

Article 2, which refers to occupation of the territory of a HighContracting Party, is not to restrict the scope of applicationof the Convention, as defined by the first paragraph, byexcluding there from territories not falling under thesovereignty of one of the contracting parties, but simply tomaking it clear that, even if occupation effected during theconflict met no armed resistance, the Convention is stillapplicable.1

Aida refugee camp


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Derek Summerfield, in the British Medical Journal stated that two thirds ofthe 621 children killed at checkpoints, in the street, on the way to school, orin their homes, died from small arms fire, directed in over half of cases tothe head, neck and chest, which is considered the snipers wound; intendedto kill.

22

b. Collective Punishments

Article 33 of the Fourth Geneva Convention states that: No protectedperson may be punished for an offence he or she has not personallycommitted. Collective penalties and likewise all measures of intimidation orof terrorism are prohibited.

Israel has been accused of employing numerous actions which amount tocollective punishment of the Palestinian people. These include itscheckpoint policies, house demolitions, curfews, closures and incursionswithin Palestinian population centres. In his recent report, the UN's specialRapporteur on human rights in the Palestinian territories, John Dugardstates that Israeli law and practice makes it impossible for thousands ofPalestinian families to live together. A new practice of refusing visas toforeign residents in the OPT has aggravated this situation.23

The system of closures is nothing new to the Palestinian people and hascharacterised the belligerent Israeli occupation, now in its 38th year. It isdirectly responsible for the humanitarian crisis in the OPT which, accordingto reports published by the World Bank in 2004, has resulted in 47% ofPalestinians living below the poverty line and 16% of Palestinians in deepor absolute poverty and not being able to afford to meet their basicsurvival needs, despite humanitarian assistance. The situation is even morecritical in the Gaza Strip where the poverty rate is at 68% and, according toUNOCHA, expected to rise.

24

A Palestinian familyfinding little refuge in

their demolishedhome


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The siege of Gaza since mid-2006 is considered to be a form of collectivepunishment in violation of the Fourth Geneva Convention

25. Such closure

policies and the resultant mass unemployment and poverty, and denial ofpolitical, civil, social, economical and cultural rights have a profound anddrastic impact on Palestinians.

Palestinians face discrimination on a number of fronts, and the 1973

International Convention on the Suppression and Punishment of the Crimeof Apartheid is considered to be violated by many Israeli practices,particularly those denying freedom of movement to Palestinians.26The WestBank and Gaza have been completely closed off from each other since 6October 2000 when the so called safe passage road between Gaza andthe West Bank was sealed.

i. Checkpoints

Checkpoints are a living nightmare for Palestinians. Since 1991,checkpoints have been steadily built all across the territories. Since 2000,not one single checkpoint has been removed from the West Bank but rather,they have multiplied incessantly.27There is a popular myth that checkpointsare established on an ad hoc basis and usually in response to a specific

threat of terrorism from Palestinians. However, the reality suggests a moreentrenched method of destroying territorial continuity across the occupiedterritories, and disrupting daily life at every turn, thus creating an unbearableliving atmosphere. The eventual aim of all of this is thought to be to drive thePalestinians from their homeland.

A Palestinianwoman at acheckpoint


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Checkpoints take the form of staffed blockades where Palestinians can onlypass following permission from the Israeli soldiers/border police that arepresent. Over 600 checkpoints exist and many are permanent while othersare more temporary. In addition to these checkpoints, there are alsohundreds of other blockades across the Palestinian territories which makefreedom of movement impossible. These include dirt mounds and concreteroad blocks which are intended to stop Palestinians using vehicles on main

roads and they are scattered all across the West Bank and Gaza.

At least 83 Palestinians seeking medical care have died during delays atcheckpoints between 2000 and 2006, according to the Palestinian HumanRights Monitoring Group.28Such deaths include babies of women who wereforced to give birth at checkpoints as they were deliberately denied passageto hospitals by Israeli soldiers. During the al-Aqsa Intifada betweenSeptember 2000 and 2006, 68 pregnant Palestinian women gave birth atIsraeli checkpoints, leading to 34 babies and 4 women dying, according to aPalestinian Health Ministry report in September 2006.

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There are numerous accounts of ambulances and patients being deniedpassage leading to deaths which could have been prevented.30Soldiers arerarely prosecuted for such crimes.

At the end of 2005, the Israeli human rights group BTselem reported thefollowing number of checkpoints/road blocks across the West Bank.

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WEST BANK

Checkpoints 51Partial Checkpoints 7

Roadblocks 118Road gates 51

Earth Mounds 282Earth Walls 35

Trenches 55

TOTAL 605ii. Curfews and Closures

The restrictions on movement that Israel has imposed on the Palestinianpopulation in the Occupied Territories over the past five years areunprecedented in the history of the Israeli occupation in their scope,duration, and in the severity of damage that they cause to the three and ahalf million Palestinians who reside there. In the past, Israel has imposedeither a comprehensive closure on the Occupied Territories or a curfew ona specific town or village to restrict Palestinian freedom of movement, butnever has Israel imposed restrictions as sweeping and as prolonged asthose currently in place.

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When a closure is in effect, Palestinians are prevented from free movementwithin the occupied territories. Israel has divided these territories up intoenclaves which are surrounded and each cut off from the other. Movementoutside the West Bank and Gaza Strip, and any travel abroad is prohibitedduring closures.

Israeli forcesimposing a curfew

on Nablus


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When closures are enforced, previously issued permits allowingPalestinians to travel out of the West Bank, Gaza Strip and into Israel allbecome invalid.33During 2006, there were 78 comprehensive closure days.During 2005, there were 132, thus, for more than one-third of the year,Palestinians were prohibited from leaving the West-Bank and Gaza Strip.

Closures have a severe impact on the lives of Palestinians as they prevent

access to schools, hospitals, jobs and even families, thus hampering alldaily activities. The consequences of such closures are that Palestinians aredenied a number of their basic human rights including their right to work, theright to an adequate standard of living, the right to health, the right toeducation, and the right to protection of family life.

iii. House Demolitions

Israel has been responsible for the demolition of and damage to thousandsof civilian properties in the West Bank and Gaza Strip since 1967. Inparticular, such activities escalated during the first and second Intifadas.The demolition of houses, levelling of agricultural land and expropriation ofland are violations of Articles 33 and 53 of the Fourth Geneva Conventionand are also defined as a grave breach under article 147 and therefore also

constitute war crimes. In addition, the UN Committee Against Torture hasfound, that the Israeli government's house demolition policy may, in certaininstances, amount to cruel, inhuman or degrading treatment or punishmentin violation of Article 16 of the UN Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment.34

Between September 2000 and 2005, the Palestinians Central Bureau ofStatistics revealed the following figures for buildings damaged eitherpartially or completely by the Israeli occupation forces.

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A PalestinianWoman beside herdemolished home


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Number of partiallydemolished buildings

West Bank 40,220Gaza 22,807

Total 63,027

Number of completelydemolished buildings

West Bank 2,843Gaza 4,662

Total 7,505

Number of damagedpublic buildings

West Bank 145Gaza 30

Total 175

Number of damagedsecurity buildings

West Bank 75Gaza 340

Total 415

House demolitions are usually perpetrated for one of the following threereasons:

1. Punitive demolitions of houses belonging to families of peopleinvolved in suicide attacks (10%);

2. Operational demolitions carried out during military operations(15%);

3. Administrative demolitions of houses constructed without a permit(60%).

Palestinians are not allowed to build properties without permits, but thesepermits are rarely if ever granted in many areas. This leaves the

Palestinians with little choice but to build without permits in order toaccommodate growing families.

In addition to the demolition of properties, thousands of houses have beendamaged and/or rendered completely uninhabitable by indiscriminateshelling, shooting, and bombardment by Israeli forces using heavy machineguns, tanks, helicopter gun ships, and F-16 fighter planes.

Israeli forces

bulldozingPalestinian farmers

olive trees


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iv. Denial of Water

Israel has used its military control over the West Bank to take control of thewater resources in the entire area. Many water sources are being divertedaway from Palestinians and used up by Israelis at alarming rates.

Severe restrictions have been placed on Palestinians drilling for water,

planting and irrigation. Illegal settlers living within the West Bank haveaccess to unlimited supplies of water while their Palestinian neighbours livein perpetual water shortage. It is not unusual for settlement homes to haveswimming pools while Palestinians struggle for enough drinking and cookingwater.

In 1953, the River Jordan had an average flow of 1,250 mcm per year at theAllenby Bridge, but now records annual flows of 200 mcm of poor qualitywater. This is the result of Israels actions in 1967, when Israel securedcontrol of the Jordan River water heads and destroyed 140 Palestinianwater pumps in the Jordan Valley, and diverted the water through itsNational Water Carrier.

It is estimated that water from the West Bank provides between 25%- 40%

of Israels water. Israel is consuming up to 80% of the West Banks water,while Palestinians are only allowed to use around 20%. Other measuresimposed on Palestinians to restrict access to water include a bar on anywells deeper than 140 metres (while Israelis may dig to 800 metres), andconfiscation and destruction of any device that is intended to extract waterunless it has a permit. Predictably, permits are never granted.

During the water shortages in the 1990s, Israeli settlers had abundantwater while the Palestinians faced deep crisis over shortages. Israeli settlerseven profited by selling back the West Bank water to the desperate WestBank Palestinians at a 40% profit.

v. The Wall

In 2002, Israel began building what it termed a security fence in order tosafeguard its own security. While most people envisage a barrier thatseparates Israel from the Palestinian territories along the internationallyrecognised green line border, in actual fact, the barrier runs deep withinPalestinian lands and has caused immense suffering to the beleagueredpopulation.

The fence is in fact projected to run to 700km inside the West Bank. It is areinforced concrete wall up to 8 metres in height, with an average of 60metres of exclusion zones on either side of it. In parts there are also watchtowers manned by armed guards, electric fences, barbed wire and trenches.

About 60% of the projected wall has already been built with a further 10% inprogress.

The walls path is far from the green line border, and in some parts it runs asdeep as 10km into the West Bank so that it incorporates many of Israelsvast illegal settlements on the Israeli side of the wall. In order to facilitate itspath, Israel has confiscated the land of many Palestinians withoutcompensation, or has separated them from their land by placing the wallbetween them and the farm lands.

36 While the wall was being built, gates

were incorporated and farmers were told they would still have access totheir lands. However, gates stopped being opened and the lands on theIsraeli side are now deemed to be part of Israel. Such examples starklyamplify why many Palestinians claim the wall is a land grabbing exercise.

Basic water storagetank on a roof-top.Such water tanks areoften targeted byIsraeli soldiers


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It is estimated that once the wall is completed on its projected path, 50% ofthe West Bank land will have been expropriated by Israel. Palestinianswhose land is lost will not be compensated as Israeli practice thus farexemplifies.

Many Palestinians believe that the wall is being used to create facts on theground so that its path can be used when negotiating future settlements

between Israel and Palestinians. The route of the wall is expected torepresent the future borders between the two, and therefore, Palestinianswill be denied Jerusalem, free movement from town to town within whatremains of their own territories and denial of access to the outside world asIsrael will retain ultimate border controls. The consequences of this will beanother Gaza scenario replayed in the West Bank starvation, poverty,economic collapse, increased lawlessness, no prospects of future viabilityand indiscriminate Israeli incursions.

In 2004, after considering the Legal Consequences of the Construction of aWall in the Occupied Palestinian Territory, the International Court of Justiceconcluded: The Court finds that the construction by Israel of a wall in theOccupied Palestinian Territory and its associated rgime are contrary tointernational law.

37Israel has rejected this decision.

Palestiniansqueuing along the

Wall ata checkpoint


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vi. Family Separation

Israels policy towards Palestinian family unification has been heavilycondemned as it deliberately obstructs families from being together. Arabsfrom within Israel cannot live together with family members from thePalestinian territories within Israel. Therefore, any Israeli Arab seeking tomarry a Palestinian from the territories must leave Israel in order to live with

their spouse. Palestinians marrying foreign nationals are unable to live withtheir spouses, and similarly, those with Jerusalem identity cards cannot livetogether in Jerusalem with Palestinians from the occupied territories.

In his 2007 report, John Dugard38 concluded that Israeli law and practiceshows little respect for family life. He identified a new problem in that Israelbegan refusing to grant renewals of visas to Palestinians holding foreignpassports. In an overtly discriminatory policy, Israel refuses to allow anynon-Jewish foreign persons residency rights in the occupied territories buthad previously made exceptions for those of Palestinian origin with foreignpassports. However, Israel has stopped renewing visas for thesePalestinians, thus barring them from the occupied territories permanently.This means that individuals who have been living in the territories for yearshave suddenly found themselves barred from re-entering if they go abroad.

Therefore, families now face further separation if there are members whohold foreign passports. Businessmen, students, lecturers, health-care andhumanitarian workers are mainly affected by these policies.

c. Settlements

Article 49 of the Fourth Geneva Convention unequivocally makes it illegalfor settlements to be built on occupied territories.

In his recent report, John Dugard concluded: The construction ofsettlements continues. Today there are some 460,000 settlers in the WestBank and East Jerusalem. A study by an Israeli non-governmental

organization (NGO) has shown that nearly 40 per cent of the land occupiedby settlements in the West Bank is privately owned by Palestinians. It hasbecome abundantly clear that the Wall and checkpoints are principallyaimed at advancing the safety, convenience and comfort of settlers.39

The illegal Settlement policy started to take shape at the beginning of the1970s. The Israeli left wing began settlement building under the AllonPlan

40which saw the first 24 Israeli settlements being formed in the West

Bank. The idea was to create a buffer zone between Israel and thePalestinian territories, 5-10km into the West Bank along the green line, andalso within the Jordan Valley.

The security argument was the prevailing reason given to the Israeli public,but leaders such as Menachem Begin made no secret of the settlements

being an ideological affair and a stepping stone to re-establishing theGreater Israel of Biblical times.41

This ambition was for the entirePalestinian territories to be a part of Israel, right up to the River Jordan.


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The reality of settlement building for Palestinian families is the confiscationof their lands, which have usually been in their families for generations,without any compensation. Their homes are then demolished and homesfor the settlers are built in their place. These Palestinians are not only lefthomeless, but when their agricultural land is also confiscated, theirlivelihoods disappear. They are no longer allowed access even to the areaswhere they used to live as the settlements are closed off from non-Israelis.

Currently 460,000 settlers are living illegally in the West Bank and EastJerusalem.42In Gaza, following the unilateral disengagement, 8,000 settlerswere removed from the strip. However, far from marking an end to theoccupation, Israels de facto control of the borders, sea and air-space haveresulted in Gaza being turned into an open air prison camp, with a hugepercentage of the population unable to put food on the table without relyingon UN food programmes. Markedly, those settlers who were taken out ofGaza were re-settled in the West Bank.

Where there are settlements, there are bypass roads. Israel hasconstructed over 340km of bypass roads linking settlements to each otherand to Israel. These roads disrupt Palestinian territorial contiguity and dividethe West Bank and Gaza strip into dozens of isolated enclaves. The roads

include 50-75 metre buffer zones which further take up more than 50 km 2ofPalestinian land. For each 100km of road, some 10,000 dunums/2,500acres of land is confiscated.

43These roads are not open for Palestinian use.

The Ariel Israelisettlement, built on

occupied Palestinianland


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d. Political Prisoners and the use of Torture

According to the Mandela Institute for Human Rights, there are 9,184Palestinian political prisoners being held in Israeli jails.44 Many prisonersand their representatives have made serious complaints about theirtreatment, trial and general imprisonment.

45

Since the Israeli occupation in 1967, it is estimated that Israeli forces havearrested about 700,000 Palestinians in the West Bank, Gaza Strip, and EastJerusalem, according to the Palestinian Ministry of Healths StatisticsDepartment. Since the start of the al-Aqsa Intifada in September 2000, it isthought that 50,000 Palestinians have been arrested. 5,000 of these werechildren of whom approximately 390 remain in prison. Eight of thesechildren are being held without charge or trial.

46

Figures released by the Prisoner and Ex-Prisoner Ministry showed that 177Palestinian detainees were killed inside Israeli jails since 1967.

47The

Planning and Statistics Department of the Ministry said, in a statisticalreport, 69 Palestinian prisoners (39% of [prisoner] deaths) were killed due tobeing subjected to severe torture whilst 37 prisoners (20.9% of [prisoner]

deaths) died due to the lack of medical health care. The report also revealedthat 71 prisoners (40.1% of deaths) were willfully killed after the arrest incold blooded murder.48

Young Palestinianboy with his mother

displaying a photo ofhis imprisoned older

brother


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e. Effects on Children

Palestinian children have not been spared the effects of this occupation.Many studies conducted to ascertain the psychological impact of theviolence that is witnessed daily across the territories reveal shockingfindings. During the fist intifada which took place between 1987 and 1993,161 Palestinian children under the age of 16 were killed by the Israeli

occupation forces49. During the Intifada, the involvement of children in theconflict escalated and there was a directly correlative psychologicalimpact

50.

Following the re-deployment of Israeli troops in Gaza in June 2006, it isestimated that the vicious bombardment and the almost daily killings hasleft 99.2% of the children suffering some form of post-traumatic shock. Theconsequence of this on the psyche of the entire population suggestsappalling future prospects.

A study conducted in 199851

prior to the Second Intifada found that out of asample of 239 children aged 6 to 11, 72.8% suffered at least mild posttraumatic stress disorder (PTSD), with 41% suffering moderate or severePTSD reactions.

It is estimated that during the Al-Aqsa Intifada (2000-2006), approximately900 52 children were killed. This accounts for almost a quarter of thePalestinians killed by Israeli forces and settlers. Approximately 34% ofPalestinians injured were children, with 2,660 being left permanentlydisabled due to Israeli attacks.

53

A Palestinian childreceiving treatment

after being releasedfrom detention by

Israeli soldiers


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Palestinian children also suffer in a number of other ways, such as beingdenied the right to education and basic medical treatments. Israeli closurepolicies, army incursions and the building of the separation wall have allimpacted on the standard of living for Palestinian children. 288 schools havebeen attacked by the Israeli army since 2000, 9 of which were completelydestroyed. 3,471 children were wounded while making the journey to orfrom school.

54The route of the separation wall has also made it impossible

for thousands of Palestinian children and teachers to continue attendingtheir schools.

On the issue of health, Israels blockade against the Palestinians has led to50% of the West Bank and 70% of the Gaza Strip residents living in povertyon less that $2 a day.

55 Lack of access to food has meant that almost a

quarter of children suffer from malnutrition, anaemia and other growthdisorders. These diseases and illnesses will have a lasting impact on thisand future Palestinian generations.

f. Attacks on Medical Personnel and Services

Attacks and restrictions on medical and relief personnel and hospitals areprohibited under Articles 17, 18, 20, 21, and 23 in the Fourth GenevaConvention as well as under Articles 12, 13, 14, 15, and 17 of Protocol I,additional to the Geneva Conventions.

During the al-Aqsa Intifada, 17 on-duty medical personnel were killed by theIsraeli army. At least 206 have been reportedly injured. Palestinianparamedics have also been arrested, beaten, and used as human shieldson numerous occasions.

5610 Palestinian Red Crescent Society ambulances

were destroyed and 80% of its ambulance fleet was damaged. During Israeliattacks on Palestinian cities, Israeli forces have shelled and raided hospitalsand clinics, including in Ramallah, Bethlehem, Hebron, and al-Birehresulting in destruction of medical equipment and disruption of health carefor patients.

Israeli soldiersdetain medical

relief volunteerspreventing them

from deliveringmedical services


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4. Violations on Press Freedoms

In a report by the International Press Institute57(IPI), it was concluded thatgross violations of press freedom in the Israeli-Palestinian conflict wereoccurring yet going almost unnoticed by the international community.

The IPI report focuses on the al-Aqsa Intifada period and concluded thatIsrael was responsible for 82.9% of the 310 press freedom violationsrecorded by it. The majority of the victims of these violations werePalestinian journalists, 10 of whom were killed. Two foreign journalists havealso been killed. In all but a handful of cases, the perpetrators wentunpunished.

The IPI concluded that this has encouraged a climate of impunity in whichIsraeli soldiers, police officers and settlers, as well as Palestinian police andmilitants, are given implicit, or even explicit, authority to commit pressfreedom violations.

IPI also reported that Israel severely limits the media coverage of eventsthat occur within the occupied territories, such as the Gaza pull-out wherethe limited number of journalists allowed to enter were forced to go withmilitary escorts, thus were prevented from free coverage. No Palestinian

journalists were allowed access to cover the pull out.

It is clear that such restrictions on press freedoms ensure that thePalestinian struggle is often unheard. However, with the advent of internet resources such as youtube.com, many Palestinians have now found adifferent avenue to ensure their fight is not forgotten and atrocities againstthem are recorded.

A standardcheckpoint used by

Israel


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5. Attacks on the Al-Aqsa Sanctuary

Since the Israeli occupation of East Jerusalem in 1967, the sacred al-Aqsasanctuary has come under attack over a hundred times. Israelifundamentalists have made no secret of their desire to take control of thesacred compound from Palestinian Muslim worshippers, demolish thebuildings within it and re-build the Temple. Palestinians have been killedduring some of these attacks while they defended the sanctuary.

Below is a brief list of attacks against the al-Aqsa compound andworshippers within it since the illegal Zionist occupation of east Jerusalembegan:

1967Fanatical Israelis begin prayers within the al-Aqsa sanctuary, despitethe prohibition by the chief Rabbanate of Jews of even setting a foot in it (forfear of violating its sanctity according to Judaic law).

1969the green domed mosque building with the al-Aqsa compound was seton fire. The entire south wing burnt down including the precious Mimbar(pulpit) of Nuradeen commissioned 700 years ago and installed by the greatMuslim hero Salahuddin al Ayubi. The man found guilty had sought refugein a kibbutz and was set free after receiving psychiatric counselling.

The Masjid Al-Aqsabuilding within the

Al-Aqsa compound


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1970 Members of the Temple Mount Faithful group, dedicated todemolishing the buildings within the al-Aqsa sanctuary forcibly entered thecompound. They were fought off by the Muslims who suffered casualtiesfrom Israeli troop gunfire.

1976 Israeli Courts passed a law permitting Jews to pray in the al-Aqsacompound. After Palestinian rioting this was later revoked.

1979Jewish extremists blocked one of the entrances to Masjid al Aqsa onFriday, pointing guns at the worshippers.

From the 1980s, harassment and acts of sabotage escalated. In August of1981 an Israeli helicopter hovered at low altitude over Masjid al Aqsapreventing worshippers inside from hearing the Friday sermon.1981 The adhan (call to Muslim prayer) was prohibited from the minaretoverlooking the Western Wall because of Jewish celebrations.

1981 Tunnels were discovered under the al-Aqsa compound. Worldcondemnation followed as these tunnels undermined the structural integrityof the entire complex.

1982A parcel with a fake bomb and threat signed by Jewish extremists wasdiscovered at one of the gates. In this year, an ex Israeli army officeropened fire within the compound, killing two Muslims and filling the interiorand exterior of the Dome of the Rock with bullet marks. In June 1982, anIsraeli was arrested and then released for trying to blow up the compound.In the summer of this year, Jewish fundamentalists also attempted to enterthe compound and distributed leaflets inciting Jews to take over the holysanctuary.

In January 1983, the Temple Mount Fund was established in Israel, Europeand America to raise funds for rebuilding the Jewish Temple on the site ofal-Aqsa sanctuary. In March of this year, explosives were discovered at oneof the entrance gate and four armed Israelis were discovered attempting toenter the compound. Six months later they were acquitted in Israeli courts.

1984Zionists attempted to scale the walls of the compound with ladders inthe middle of the night armed with ammunition. In this year, armed Israeliguards started patrolling al-Aqsa; their behaviour and presence inimical tothe sanctity of Muslim holy site.

Ob 15 June 1988 Israeli troops stormed the compound, firing tear gas atgroups of worshippers. In July, further tunnels were discovered beneath thecompound sparking greater unrest.

On 6 Oct 1990 Israeli troops opened fire on worshippers killing 22 andwounding hundreds.

1996 Israel re-opened a tunnel under the compound resulting inconfrontations between the Israeli occupation forces and Palestinians. Morethan 70 Palestinians were killed.

Tunnelling - The excavations under the al-Aqsa compound are leading todangerous cracks in buildings adjoining the Western Wall. Archaeologistsbelieve that the tunnels have weakened the building structures within the The Dome of the

Rock building withinthe Al Aqsacompound


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compound. It is believed that a slight tremor,which this area is prone to,may cause the mosque building to collapse.

1997 Israeli fundamentalists attempted to lay a 4.5 ton rock as acornerstone for the foundation of their Temple but were forced back byPalestinians.

September 2000 Ariel Sharon stormed the Al-Aqsa compound flagged by1,000 Israeli troops. Clashes erupted between Palestinians and the troops,leading to the deaths of dozens of Palestinians. These clashes permeatedthroughout the Palestinian territories and gave rise to the second Intifadaagainst Israeli occupation.

Since 2000, the al-Aqsa compound has come under numerous attacks andhas been stormed by Israeli guards on numerous occasions, endangeringthe lives of the Palestinians worshippers and violating the sanctity of thearea.

2007 Israel demolished the ramp leading to the Meghribi gate of the al-Aqsacompound. Further excavations then took place in the area. The move tobuild a concrete pathway in the area was viewed with grave suspicion by

Palestinians as it would facilitate the entry of armoured vehicles into the al-Aqsa sanctuary. Many demonstrations and clashes followed this.

The aspirations to re-build the Temple on the grounds of the al-Aqsacompound have become very open in Israel, and certain groups are seekingfinancial and political backing for this purpose from Europe and the USAwithout any hindrance.

Masjid Al-Aqsa


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A mosaic at theChurch of the Nativity

in Bethlehem

7. The Case of Bethlehem

Bethlehem 60 has tremendous historic and religious significance forChristians as the biblical birth place of Jesus Christ. Today, the little townstill has a Christian majority unlike the rest of the occupied territories.

Since Israel built the separation wall around Jerusalem, the effect onBethlehem has been profound. The route of the wall in this area is linkedwith bypass roads and settlements, together forming an effective barrier toJerusalem from Ramalla to Bethlehem through the Abu Dis neighbourhood.This results in a de facto annexation of 5.6% of the West Bank in this areaalone as the town has been separated from its surrounding countryside andopen land. This annexation of the land means that Israel is able to expandthe settlements in the area. The wall encircles Bethlehem on two sides, andsettlements bar off the remaining sides. The main entrance into town is nowvia Israeli manned checkpoints. The result of this has been the strangulationof the industry that Bethlehem survives on tourism. While the number oftourists in the area reduced since the beginning of the intifada, the building

of the wall and the imposition of the checkpoints has led to a completediminution as tour operators cannot rely on the lengthy and deliberatedelays at the entrance to Bethlehem. The Mayor of Bethlehem in 2005described the situations as follows: Tourists and pilgrims are asked todismount from their buses especially when leaving Bethlehem and to line inqueue to be checked individually including passport examination, checkingof souvenirs they bought and passing through an x-ray checking deviceswhile the bus is being checked as well.

In fact, such examination exceeds the one at the airports and borders Asa result tour operators become more than reluctant to let their tourists visitBethlehem to avoid disruption in their program and to escape passingthrough this long bitter process. The situation for Bethlehemites is dire, butseems to have been largely ignored or forgotten by the internationalcommunity.


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8. Denying Democracy

In January 2006, the Palestinians held democratic elections which weremonitored by independent observers including former President of theUnited States, Jimmy Carter. The election process was widely acclaimedfor its fairness and transparency. The result, unexpected from somequarters, was an overwhelming HAMAS victory.

The worlds response to this election result was to cut off the Palestinianpeople and impose an embargo. The Gazans were the worst effected bythis, and the closure of Gazas borders led to an unprecedented collapse inPalestinians society there. Violence and lawlessness prevailed, whilealmost 80% of Palestinians were forced to rely on the UN Food Programmefor their basic meals. Malnutrition and disease is increasingly common inyoung children. The humanitarian crisis that Palestinians have been facedwith since the election results was unprecedented as it was imposed by theso called civilised nations of the world.

Israel vowed to ignore the new Hamas led government and make itirrelevant.61 Israel called on the international community to impose theembargo and the majority of states duly complied. Israel withheld vital taxrevenues leading to a situation where the new Hamas government wasunable to pay wages to hundreds of thousands of government workers.This increased the levels of tension within the occupied territories tounprecedented levels. The U.S., the E.U., Canada, Japan and othercountries also withheld aid to the Palestinian people. 62 The cumulativeresult of this action was the collective punishment of the entire Palestinianpeople for making a democratic choice that was unpalatable to Israel andthe West.

The result of the economic embargo has been an increase in the number ofPalestinians applying to immigrate to other countries. Thousands more are

now making that application as the living conditions have becomeabsolutely unbearable.63 Thus, this has proved to be another method bywhich Israel is emptying the Palestinian territories of Palestinians. Most ofthose applying to immigrate are professionals, and as a result, Palestinianssociety is being left with a shortage of trained individuals which will have animpact on the short-term prospects of the state.

In March 2007, the Palestinians formed a Unity Government under theMecca Accords. Israel failed to recognise this government. However,tensions in Gaza spilled over into a conflict between Fatah and Hamas, withHamas securing a victory and bringing order back into the Gaza Strip. Israelwas quick to condemn Hamas for this, and Mahmoud Abbas dissolved theUnity Government, and formed an emergency government despite havingno constitutional right to do so. The situation in July 2007 was an isolated

Hamas in Gaza, and a new Fatah led government in the West Bank.Palestinian farmerwaiting at the gatethat separates him

from his land


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9. Conclusion

The impact of the Israeli occupation of Palestinian lands has beenunprecedented. There is not a single Palestinian who does not feel the bruntof the oppression, with every family having witnessed a murder, animprisonment or the humiliation of a family member or friend.

To this day, 1/3 of all refugees are still living in 59 refugee camps in theneighbouring countries and within the occupied territories. The Gaza striphas 8 refugee camps housing approximately 400,000 people whichaccounts for about half the refugee population in the strip. The camps inGaza are amongst the most densely populated areas in the world (onaverage there are 356.5 sq. metres per inhabitant in Gaza. In comparisonevery inhabitant in Ramallah has 3,978.1 sq. metres; Jerusalem: 1,029.4 sq.metres; Nablus: 3,244.3 sq. metres; Jenin: 2,846.8 sq. metres). The biggestand most densely populated Palestinian refugee camp in the world isJabaliya in the outskirts of Gaza City. 90,000 people live in an area of 3 sqkm.

64

According to the World Bank, the combination of checkpoints, theseparation barrier through the West Bank and other closures all of whichgreatly limit the movement of workers and goods has caused thePalestinian people to suffer one of the worst recessions in modern history,with approximately 50% of the Palestinian population now living in poverty.Illness and malnutrition have risen with this economic devastation.

65

This state of affairs has been the result of steady and deliberate oppressivemeasures being employed against the Palestinians over the past 40 years,and is more than likely to continue unless there is a real and unhinderedinternational effort to make Israel abide by international law and afford thePalestinians their basic human rights as an occupied people. This will makea real and lasting peace possible.


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Endnotes

1 http://www.jewishvirtuallibrary.org/jsource/History/mandate.html (last visited 2 March 2007)2Balfour Declaration, 2 November 1917.

3The text for this resolution can be found at: http://www.yale.edu/lawweb/avalon/un/res181.htm (Last visited 10 January 2007)

4For a summary of the massacre of Palestinians by extremist Jewish gangs, see Patel, Ismail, Palestine Beginners Guide, (2005), Al-Aqsa Publishers, at 124-126. Fordetails of these massacres, see Morris, Benny, Righteous Victims: A History of the Zionist-Arab Conflict, 1881 1999, (1999) John Murray (Publishers) Ltd.5For a detailed description of the entire history surrounding the birth of the state of Israel, see Morris, Benny, Righteous Victims: A History of the Zionist-Arab Conflict,1881 1999, (1999) John Murray (Publishers) Ltd.6For detailed figures, visit www.nakba-archive.org7

Chomsky, Naom, The Fateful Triangle (1999), Southend Press8S/RES/242. The text of this resolution can be found at: http://www.un.org/documents/sc/res/1967/scres67.htm (Last visited 10 January 2007)9www.jewishvirtuallibrary.org

10S/RES/1322. The full text of this resolution can be found at: http://daccessdds.un.org/doc/UNDOC/GEN/N00/679/37/PDF/N0067937.pdf?OpenElement (last visited 11

January 2007)11

Boyle, Prof. Frances., The International Laws on Belligerent Occupations (2001)12Shaw, Malcolm, International Law (Fourth Edition 1999), Cambridge University Press13Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories, ICJ No. 131, 4 July 2004, para 89-101.14

Available online at www.pchrgaza.org15Figure from the Israeli Ministry of Foreign Affairs, www.mfa.gov.il16Estimate from the UN Population Division data, at http://esa.un.org/unpp/17Statistics from BTselem, http://www.btselem.org/English/Statistics/First_Intifada_Tables.asp (last visited 2 April 2007)18Statistics from the Palestinian Red Crescent Society, http://www.palestinercs.org/crisistables/table_of_figures.htm (Last visited 19 March 2007)19Statistics from the Palestinian Red Crescent Society, http://www.pchrgaza.ps/Library/alaqsaintifada.htm (last visited 19 March 2007)20The Public Committee against Torture in Israel v. Government of Israel (HCJ 769/02)21Statistics from the Palestinian Centre for Human Rights http://www.pchrgaza.ps/Intifada/Killings_stat.htm (Last visited 19 March 2007)22

Summerfield, Derek, Palestine: the assault on health and other war crimes, British Medical Journal October 2004.23

Dugard, John, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, implementation of GENERALASSEMBLY resolution 60/251 OF 15 MARCH 2006 ENTITLED HUMAN RIGHTS COUNCIL, A/HRC/4/17 29 January 2007.24

UNOCHA, Review of the Humanitarian Situation in the occupied Palestinian territory in 2004, April 2005, available at www.ochaopt.org.

25Dugard (2007), supra note 25, at 2

26Ibid.

27Keshet, Y. K., Checkpoint Watch: Testimonies from Occupied Palestine (2006) Zed Books, at x.28

Moore, Molly, Checkpoints take toll on Palestinians, Israeli Army, in The Washington Post 24 November 2004.29Report: Pregnant Palestinians give Birth at Israeli Checkpoints6 October 2006, http://electronicintifada.net/v2/article5820.shtml (last visited 27 March 2007)30For a detailed list of deaths between 2000-2002, visit the Palestinian Human Rights Monitoring Groups site at:http://www.phrmg.org/aqsa/Died%20at%20Checkpoints.htm (last visited 27 March 2007)31Reported by the Palestine Monitor http://www.palestinemonitor.org/nueva_web/facts_sheets/facts_at_glance.htm (last visited 27 March 2007)32

Restrictions on Movement, BTselem, http://www.btselem.org/english/Freedom_of_Movement/Index.asp (last visited 2 April 2007)33BTselem http://www.btselem.org/english/Freedom_of_Movement/Siege_figures.asp (last visited 2 April 2007)34Report of the Palestinian Centre for Human Rights at:http://www.pchrgaza.ps/Intifada/House_demolitions.conv.html (last visited 27 March 2007)35

Figures quoted by the Palestine Monitor at: http://www.palestinemonitor.org/nueva_web/facts_sheets/facts_at_glance.htm (Last visited 27 March 2007)36Palestinians: Israel hands out land confiscation notices, CNN International Nov 7 2003, can be accessed at: http://edition.cnn.com/2003/WORLD/meast/11/05/mideast/(last visited 27 March 2007)37

International Court of Justice Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 9 July 2004.38Dugard, (2007), supra note 25, at 18.39Ibid.40For details of the Allon Plan, see maps at: http://www.jewishvirtuallibrary.org/jsource/History/allonplan.html (Last visited 24 January 2007)41Grange, Jocelyn, Introduction, Israel/Palestine, the Black Book, (2002) Pluto Press, at 3.42PCHR Disengagement Fact Sheet No 2. Available at http://www.pchrgaza.ps/files/campaigns/english/gaza/Fact%20Sheet%20No%202%20-%20the%20real%20story.pdf (Last visited 22 February 2007)43Statistics from the Palestinian Centre for Human Rights http://www.pchrgaza.ps/Intifada/Settlements_stat.htm (last visited 22 March 2007)44

Reported by the Palestine Monitor at: http://www.palestinemonitor.org/nueva_web/facts_sheets/facts_at_glance.htm (last vosoted 27 March 2007)45

Dugard (2007), Supra note 25.46Statistics from the International Middle East Media Centre at: http://www.imemc.org/article/21544 (last visited 27 March 2007)47

Documented by If Americans Knew, http://www.ifamericansknew.org/stats/prisoners-articles.html (last visited 27 March 2007)48

Documented by If Americans Knew, http://www.ifamericansknew.org/cur_sit/prisoners-killed.html (last visited 27 March 2007)49Reported by the Israeli Human Rights group BTselem.50See for example, a study by Shafiq Masalha, The Effects of Prewar Conditions of the Psychological Reaction of Palestinian Children to the Gulf War, in Leavitt, L., andFox, N (Eds) The Psychological Effects of War and Violence (1993), at 131.51Thabit, A.A.M, and Vostanis, P., Post Traumatic Stress Reactions in Children of War, in The Journal of Child Psychology and Psychiatry and Allied Disciplines (1999),40: 385-391.52Reported by the Palestine Monitor, Children Factsheet, available at http://www.palestinemonitor.org/nueva_web/facts_sheets/children.htm#_ednref10 (last visited 2April 2007)53

Ibid.54Ibid.55

Ibid.56

Reported by the Palestinian Red Crescent society and the Palestine Monitor.57Report available on the IPI website at: http://www.freemedia.at/cms/ipi/statements_detail.html?ctxid=CH0055&docid=CMS1144847772495&year=2003 (last visited 27March 2007)58

Whitaker, Brian, Rivals for Holy city may have to turn to God, in the Guardian, 22 August 200059Reported by Erlanger, Steven, Jerusalem calm as work stops for weekend near Dome of the Rock, in the International Herald tribune, 10 February 2007.60All f acts from Isolating Bethlehem, Friends of Al-Aqsa fact sheet, available at: http://www.aqsa.org.uk/leafletsdetails.aspx?id=5861Ehud Olmert, quoted by McGreal, Chris, Hamas shock victory poses new Middle East Challenge, in the Guardian, 27 January 200662Cutting Aid to the Palestinians, the Electronic Intifada, 30 March 2006, available at http://electronicintifada.net/bytopic/432.shtml (last visited 17 April 2007)63Assad, Samar, The Demographic and Economic War against Palestinians, the Electronic Intifada 5 November 2006. Can be accessed athttp://electronicintifada.net/v2/article5955.shtml (last visited 17 April 2007)64Statistics from the Palestinian Central Bureau of Statistics and UNRWA.65

Palestine Monitor Report Israeli checkpoints and their impact on daily life , http://www.ifamericansknew.org/cur_sit/checkpoints.html (last visited 27 March 2007)


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Published by

Friends of Al-Aqsa

PO Box 5127LeicesterLE2 0WU

Tel: 0116 2125441

www.aqsa.org.uk

[email protected]

With special thanks to Anna Baltzer for her imageswww.annainthemiddleeast.com


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