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Five Years of IIlegality: Time To Dismantle The Wall and Respect The Rights of Palestinians
Five Years of IIlegality: Time To Dismantle The Wall and Respect The Rights of Palestinians
Disclaimer
These articles were written by Valérie Féron,
journalist. The views expressed in these ar-
ticles are those of the interviewees and do
not necessarily represent the views of Ox-
fam International. n
Editorial 5
Map of the West Bank (OCHA) 6
General terminology and history 7
The Wall and the ICJ advisory opinion 8
About the Wall 10
Stories 12
nAida refugee camp 12
n Al-Walaja 13
n Bethlehem 14
n Beit Jala 15
n Jayyous 16
n Azzun Atmeh 18
n Ni’lin et Bil’in 20
n Hizma 22
n Marda 23
n Immatin 24
n Al-Khan Al-Ahmar 25
n Al Quds University, Abu Dis 26
Interview: Allegra Pacheco (OCHA) 28
Oxfam International contacts 30
W ith the publication of this collection of the deepening impoverishment and ‘de- natural resources (land and water), which
testimonies, exactly five years after development’ of the communities in the all de facto contribute to the altering of the
the advisory opinion delivered by the Inter- West Bank (including East Jerusalem) are demographic composition of the occupied
national Court of Justice (ICJ) in The Hague, undeniable. Even though the recommen- Palestinian Territory and are all in gross vio-
Oxfam International wants to remind world dations of the ICJ were clear, the construc- lation of international humanitarian law.
leaders that they have an obligation to en- tion of the Wall continues, well beyond the
sure respect for international law and to gu- Green Line, depriving Palestinians of their For the sake of Palestinians and Israelis
arantee the protection of civilians. livelihoods and of access to basic services. alike, it is time for the rule of law to triumph.
These are basic rights that Israel, as an oc- If not, it will be very difficult to achieve a
Daily, Oxfam International and its local part- cupying power, must guarantee. just, negotiated, and durable peace in the
ners witness the tragic consequences that Middle East. A peace that cannot be post-
the Wall, permits, and checkpoints have Israel’s concern to assure the security of poned any longer. n
on the lives of Palestinians. The testimo- its civilians is legitimate, but its measures
nies compiled in this document are only should nonetheless remain in conformity Jeremy Hobbs
some examples of people telling their sto- with international humanitarian law. For five Executive Director
ries. Farmers from Beit Jala, workers from years now, different Israeli governments and of Oxfam International
Bethlehem, or students in Abu Dis, men and the international community have turned
women, young and old, explain the major a deaf ear to the appeals by the General
difficulties encountered in their daily lives. Assembly of the United Nations and have
All of them share the frustration of having to refused to yield to the opinion of the ICJ.
live in the ‘labyrinth of bans and restrictions’ This inaction gives the wrong signal: that in-
that the occupied West Bank has become. ternational law can be violated without ac-
How to take care of your olive trees when countability.
you are separated from them by an impas-
sable wall? How to give birth in a hospital As immediate changes are imperative, Ox-
when your village is enclosed? How to earn fam International calls on the international
a living without knowing if the access permit community to demonstrate political will
you need will be granted or renewed? And and to abide by its responsibility under in-
how to hope for a better future when going ternational law. It is time to condemn and
to school becomes a daily ordeal? challenge the construction of the Wall in oc-
cupied territory and its associated regime,
Since the construction of the Wall and the together with the construction of settle-
setting in place of its associated regime, ments and the confiscation and control of
©Oxfam International
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West Bank (OCHA) - sept 2008
Jenin
1. Aida refugee camp
2. Al-Walaja
3. Beit Jala
4. Jayyous
5. Azzun Atmeh
6. Ras Al-Tira
7. Hizma
8. Marda
9. Immatin
10. Bil’in Nablus
11. Ni’lin 4
Qalqiliya 9
12. Abu Dis 6
15
5 14 8
13. Har Gilo settlement 16
Salfit
14. Sha’arei Tikva settlement
15. Oranit settlement
16. Ariel settlement
17. Mattityahu settlement
18. Ma’ale Adumim settlement
11
17 10 Ramallah
Jericho
7
East-Jerusalem
18
12
13
2
1
3 Bethlehem
Hebron
General terminology very few outposts – structures erected by were displaced from the West Bank and
n The Green Line: Term used following Is- the settler movement without the official Gaza Strip. The Government of Israel impo-
rael’s occupation of the West Bank and Gaza recognition of the Government of Israel as sed a military regime over Palestinians in the
Strip in 1967 to refer to the post-1948 war precursors to new settlements or settlement 1967 occupied Palestinian Territory, which
ceasefire line (Armistice Line of 1949). The expansion – have been effectively removed. since then has facilitated colonisation and
demarcation line (laid down in the ceasefire As of March 2009, the UN counted 149 of- forced displacement of Palestinians. Me-
agreements of 1949) is the internationally ficial settlements and 100 unauthorised anwhile Palestinian armed resistance and
recognised border between Israel and the outposts in the West Bank, including East hostilities with neighbouring Arab countries
occupied Palestinian Territory (Gaza Strip Jerusalem, and 462,000 settlers. continued.
and West Bank, including East Jerusalem).
n Dunum: Palestinian unit of area measure. n 1993-1995 / Oslo: Series of peace talks
n Areas A, B, C: In 1995, with the Oslo II One dunum equals 1,000 square metres or that began with secret negotiations in Oslo,
agreement, three jurisdictional divisions one-quarter of an acre. Norway, between the members of the Pa-
were created in the West Bank1: lestine Liberation Organisation (PLO) and
• Area A, mainly urban centres, came under General history Israeli officials. These talks led to the Decla-
the administrative and internal security res- n Nakba: Arabic for ‘catastrophe’, is the ration of Principles on Interim Self-Govern-
ponsibility of the Palestinian Authority and term used by Palestinians to refer to the first ment Arrangements in 1993, which outlined
eventually comprised 17.2 per cent of the round of population transfer undertaken by the way for further bilateral negotiations ho-
West Bank; the Zionist movement and the newly foun- ped to bring a permanent solution to the Is-
• Area B, mainly populated rural areas, ded state of Israel in the period between No- raeli–Palestinian conflict. The Oslo Accords
eventually being 23.8 per cent of the West vember 1947 (UN Palestine Partition Plan) provided for the creation of a Palestinian
Bank, remained under Israeli military oc- and the ceasefire agreements with Arab Authority, which would have responsibility
cupation, but the Palestinian Authority be- states in 1949 (first Israeli–Arab conflict). for the administration of the territory under
came responsible for services and civilian More than 750,000 Palestinians were forci- its control. The Accords also called for the
administration; bly displaced from their homes and lands, withdrawal of the Israeli army from parts of
• Area C, eventually being 59 per cent of and approximately 500 Palestinian villages the Gaza Strip and the West Bank. The Oslo
the West Bank, remained under exclusive were depopulated. The establishment of the Accords were a framework for the future re-
Israeli civil and military administration. Area state of Israel in 1948 was among others the lations between the two parties. It was an-
C includes Israeli settlements, settlement result of ongoing racism and the persecuti- ticipated that this arrangement would last
access roads, buffer zones (near settle- on of Jewish citizens in Europe, in particular for a five-year interim period, during which
ments, roads, strategic areas, and Israel), the Holocaust. a permanent agreement would be nego-
and almost all of the Jordan Valley. Area tiated (beginning no later than May 1996).
C contains 63 per cent of the West Bank’s n 1948-1967: In the absence of stable Final status issues such as Jerusalem,
agricultural lands. peace agreements with neighbouring Arab Palestinian refugees, Israeli settlements,
states and in order to suppress Palestinian security, and borders were deliberately left
n Settlements: Since 1967, all Israeli go- resistance, Israel placed the remaining Pa- to be decided at a later stage. Interim self-
vernments have pursued a policy of esta- lestinians left within its territory under milita- government was to be granted by the Go-
blishing settlements. Israeli settlements, ry rule, which severely restricted their free- vernment of Israel in phases. n
under the protection of the Israeli army, dom of movement and served to confiscate
1 www.diakonia.se/sa/node.asp?node=1125
take up Palestinian land for housing, roads, more Palestinian land and to prevent the
infrastructure, and cultivation, as well as ta- return of Palestinian refugees and internally
king water. Settlements breach international displaced persons. Meanwhile the Gaza
law and various UN Security Council resolu- Strip fell under Egyptian administration and
tions. Likewise, the Road Map (2003) called the West Bank under Jordanian rule.
for the ‘freezing’ of all settlement expansi-
on. However, despite the commitments un- n 1967: In the shadow of the June 1967 war
der the Road Map and at Annapolis (2007), (second Israeli–Arab conflict), over 400,000
Israeli settlements continue to expand and Palestinians, half of them 1948 refugees,
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The Wall
and the ICJ advisory opinion
On 9 July 2004, upon the request of the UN General Assembly, the International Court
of Justice (ICJ) – the most distinguished legal body in the world – rendered an advisory
opinion on the legal consequences of the construction of the Wall in the occupied
Palestinian Territory, stating that the construction of the Wall and the settlements on
West Bank land, including East Jerusalem, were illegal under international humanitarian
and human rights law. Although the Court’s recommendations were clear, five years later
Israel continues with the construction of its Wall in the West Bank, affecting hundreds
of thousands of Palestinians, and the international community has failed to hold Israel
accountable to international law and to provide effective protection to Palestinians.
8 -1Five
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Main findings and recommendations reflected in the advisory opinion
of the International Court of Justice, 9 July 2004
• The Court found unanimously that it has the occupying power which have changed tuation resulting from the construction of
jurisdiction to give an advisory opinion ac- or declared the change of status of Jerusa- the Wall and not to render aid or assistance
cording to its own regulations. lem are not valid, since they violate interna- in maintaining the situation created by such
• The Court found that ‘[Israel] has the right, tional law. construction. In addition, states party to
and indeed the duty, to respond in order to • The Court ruled that the Hague Regulati- the Fourth Geneva Convention are under
protect the life of its citizens. The measu- ons and the Fourth Geneva Convention, as the obligation to ensure Israel’s compliance
res taken are bound nonetheless to remain well as human rights law, are applicable to with IHL as embodied in that convention.
in conformity with applicable international the OPT. • The Court noted that the UN, and especi-
law’. • The Court stated that Israel is under an ally the General Assembly and the Security
• The Court considered that the construc- obligation to immediately terminate its Council, should consider what further ac-
tion of the Wall and its associated regime breaches of international law; to cease the tion is required to bring an end to the illegal
created facts on the ground that could well works of construction of the Wall being built situation resulting from the construction of
become permanent, in which case it would in the OPT, including in and around East the Wall and the associated regime, taking
be the same as de facto annexation, forbid- Jerusalem; to dismantle forthwith the struc- due account of the present advisory opi-
den under international law. ture therein situated; to cancel all legislative nion. n
• The Court mentioned the risk of alterati- and regulatory acts relating to the Wall; and
ons to the demographic composition of the to make reparation for all damages caused
OPT by reinforcing the illegal Israeli settle- by the Wall.
ments which also violate IHL. • The Court added that all states are under
• The Court repeated that legislative and an obligation not to recognise the illegal si-
administrative measures taken by Israel as
The ‘Wall’ is either a concrete wall approximately 8–9 metres high with watchtowers
and sniper positions, or an electric barrier approximately 3–5 metres high. In both cases
it includes a buffer zone, ditches, razor wire, military patrol roads, electronic sensors,
and cameras. Its ‘associated regime’ refers to a set of administrative measures imposed
by the Israeli occupation, composed of military orders (land and property confiscation),
closed areas, a new permit system, and new regulations at checkpoints (or terminals)
and gates. The Wall and its associated regime are part of an Israeli system of multi-
layered access and movement restrictions imposed on Palestinians in the West Bank.
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d’illegalité
aida refugee camp
Salah Ajarma
“No one feels safe here, especially the families living close to the Wall.”
al-walaja
W
For the people of Al-Walaja, as for hen you take the road leading from ders are regularly carried out. In this way,
many Palestinian communities, the Beit Jala to Al-Walaja, south of Je- the Israelis are trying to seize the rest of our
rusalem, the first houses you come land while, at the same time, getting rid of
history of expropriations, disposses- across are a block of new housing units of its inhabitants. The army doesn’t stop ha-
sion, and expulsions began in 1948. Har Gilo settlement. A little further along, rassing us, turning up at our homes in the
Sixty-one years later, this village now on the other side of the road, you see the middle of the night and regularly destroying
has only 6,000 dunum of its ini- houses of the Palestinian village, stuck bet- houses.’
tial 17,800 (600 hectares instead of ween the Green Line and the Wall. This road
also marks out the future line of the Wall. Eventually, this part of the village is expec-
1,780). The village of 1948 has been
It will scrupulously follow the boundary line ted to be used to build a new settlement. If
divided in two, with the residen- of the first houses of the village, separating those plans are carried out, Al-Walaja will
tial part transferred to Israeli jurisdic- the villagers from their farmlands. ‘Where- be completely encircled by the Wall and the
tion following a land exchange with ver there are no houses, there will be the settlements – and therefore deprived of a
Jordan. Since then, the villagers of Wall,’ comments the chairman of the local future. What remains of the village is loca-
Al-Walaja Al-Jadida – the new Walaja council, Salih Hilmi Khalifa. ‘And, on the ted in areas B and C, where any construc-
other side, there are 4,000 dunum of land tion and renovation project depends on
– have not had access to that part that belong to us.’ permits that are granted or refused by the
of their land, which they can still see Israeli authorities. ‘Although we, the adults,
when they look westwards. The chairman resumes: ‘At the beginning of may be prepared to confront this situation
the 21st century, the 2,061 villagers of Al- of oppression, there is a risk that our youth
Walaja Al-Jadida are, once again, caught up will go and look for a better life elsewhere in
in history. During the occupation of 1967, order to be able to marry, have a job, and
Israel decided to illegally annex one of the live with dignity,’ says Salih Hilmi Khalifa,
village’s quarters (Ayn Jwesia) to Jerusalem, expressing his concern. ‘We will continue to
which came under its complete control. As oppose the Israeli project. They may have
the 600 inhabitants of this quarter hold West the military force that lets them do whatever
Bank identity cards and not Jerusalem IDs, they want but we have the force of law. But,
they have, since then, been considered as ultimately, all these questions are, first and
illegal immigrants. Demolition orders have foremost, political ones.’ n
been placed on their homes and those or-
Youssef Salim
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d’illegalité
jayyous
Confiscating land
by all possible means
Sharif Omar
Permits by drip-feed plots. This whole procedure takes place in ‘But the soldiers are often late, don’t come
A permit to access your own land? At first, co-ordination with the Palestinian Authority. at all, or close the gate a quarter of an hour
the farmers of Jayyous, who have been earlier in the morning,’ explains Sharif. The
separated from their fields by the Wall, re- Permit refusals are increasing, and are usu- fact that the Jayyous gate opens at incre-
fused outright to bow to this demand. But ally justified on security grounds. This is an asingly irregular times is, in his view, ab-
with the balance of power working against explanation that puzzles Sharif Omar, a solutely deliberate. ‘They are pushing us
them, they finally had to resign themselves 66-year-old farmer: ‘Two years ago, I had to use the Falamiya gate, four kilometres
to it, reluctantly. to wait seven months before being able to from here, where, theoretically, we’re not
go to my land. My eldest son, Azzam, is a allowed to pass but where the solders turn
Obtaining this precious document is no businessman. He has a permit to go to Is- a blind eye,’ he says. ‘Why are they sending
easy task. Some Palestinians find themsel- rael – to Netanya, Tel Aviv, or Haïfa – but he us over there? Because the Jayyous gate
ves blacklisted by the Israelis and cannot has no permit to go with me to our land here is near the area where the Israelis are plan-
obtain a permit. Those who have passed in Jayyous.’ ning new land confiscations! So, I suppose
security clearance can demand access to they want to get rid of this gate in the future.
Why do you think, by chance, the Falamiya
their lands. But first they have to produce Agricultural gates in the Wall
identity papers, have documents proving one is open 12 hours a day...’
Once the permit is obtained, a farmer can
that they are the owners of the land or that then go to the nearest agricultural gate. In
they have inherited it, fill out various forms, Jayyous, this gate is supposed to be open Legal ploys
and produce photographs of the land three times a day, for half an hour at a time. ‘As we do not accept to be dispossessed of
The gate is supposed to be open three times a day, for half an hour at a time.
our lands, all means are used to take them authorities take aerial photographs in May Omar Mohammad, which the Israelis turn
from us by force. Then, legal ploys do the and November, that is to say before planting into Sharif Mohammad Omar Khalid. So my
rest,’ he continues. Once the Palestinian and after harvesting. And so it’s difficult to eldest son, Azzam, is called Azzam Sharif
farmers are separated from their lands by prove that you are taking care of your land Mohammad Khalid, and my grandson is
the Wall or by the closed military zones, the all year round.’ called Sharif Azzam Sharif Khalid. On first
Israeli authorities invoke laws dating back to glance, there is no obvious link left between
the time of Ottoman or British rule, as well The battle of names their names and my father’s name. So, in a
as the ‘absentee property law’, to try to give Another dispossession technique is that of few years’ time, the Israelis will be able to
a legal framework to these confiscations. family names. Traditionally, Palestinians go state that my grandson has no link with the
The Ottoman law specifies, for example, by their first name, followed by those of their family land.’ n
that any land neglected by its owner even- father and paternal grandfather. But the Is-
tually becomes public property. ‘By preven- raelis are now making them add their family
ting us from accessing our land, the Israelis name, which completely changes the infor-
can then easily say that we are not taking mation. ‘My family’s lands are registered
care of it,’ protests the farmer. ‘The land is under my father’s name, Mohammad Omar
under constant surveillance and the Israeli Mohammad. My name is Sharif Mohammad
(FiveCinq (
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of illegality - 17- 1
d’illegalité
azzun atmeh
The labyrinth
of bans and
restrictions
‘Two years ago, I took part in a first aid trai- Shadia Maghaba wages a daily battle in-
ning course organised by the NGO PMRS side her school. Every day, she tries to
[Palestinian Medical Relief Society]. My give the 280 pupils a ‘normal’ education in
mother was expecting my brother and was a completely abnormal environment. The
about to give birth. It was evening. We were Wall runs just next to this school. Some
friends,’ he laments. ‘We try to talk to the not allowed through the checkpoint to go pupils live on the other side and so every
soldiers in an emergency but they make us to the hospital in Qalqilya. In the end, she day have to endure the arbitrariness of the
wait for one or two hours, tell us that they had to give birth in the car. My little brother soldiers in order to reach class and return
are not allowed to come and let us in or out, was still attached by the umbilical cord home. ‘Many schoolchildren walk several
or just admit that they don’t feel like coming. when my parents returned home. My mo- miles to come to school. When a child is
This village has become a real prison.’ n ther and brother needed treatment. I cal- late home, the parents panic: a quarter of
led my instructor to ask her what to do. I an hour late and they call me, worried sick.
didn’t know what to do. My mother and my And with good reason: their children can be
brother could have died! My little brother held for an indefinite period at the check-
was named Karim, which means generous. point. Sometimes, the parents have to go
Because God was generous in keeping him and look for their children at a military camp
alive.’ Today, Hanan is completing her trai- where the soldiers have taken them.’ n
ning as a midwife and works as a nurse in a
hospital in Nablus. n
Shadia Maghaba
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ni’lin et bil’in
The choice of
non-violent resistance
Salah Khajawa
Faced with the serious problems caused by the Wall and the set-
tlements, Palestinian communities have set up ‘Popular Resistance
Committees’, which organise peaceful resistance activities. Two
examples are Ni’lin and Bil’in, two villages which regularly make
the news because of their non-violent actions against the Israeli
Wall and settlements built on their lands.
Ni’lin: ‘The Israelis will do every- five inhabitants of Ni’lin have been killed in pier’. Mohammad Abu Rahma, co-ordinator
thing they can to put this move- the past few years, including a child of ten, of the Popular Resistance Committee, be-
Ahmed Mousa, who was shot in the head. lieves that there was no other choice and,
ment down’
Some 600 people – Palestinian villagers, Is- above all, nothing to lose. The lawsuit has
From the plateau situated at the upper end
raeli pacifists, and international volunteers enabled the village to recover some of the
of the village of Ni’lin, you can clearly make
– have been injured at least once and do- lands – however, only in theory, because to
out the Green Line, the settlements, the
zens of others have been abducted from date the army has refused to comply with
Wall, and the impact of the forced displace-
their homes by the Israeli army literally in the orders of the High Court. This is one
ment on Palestinians since 1948. That year,
the middle of the night, including children of the facts that strengthen the villagers in
Ni’lin lost 50,800 dunum of land (5,080 hec-
aged from 10–13 years of age. Salah Kha- their conviction that the Israelis do not want
tares), then another 14,600 in 1967 (1,460
waja, a member of the Popular Resistance peace or the establishment of a Palestinian
hectares). With the help of the Wall, the six
Committee is convinced that the Israelis State within the 1967 borders.
settlements that have been constructed ne-
will do anything to put down this peaceful
arby are gradually taking what remains.
resistance movement, ‘because they know Other trials of this type are under way, in-
that it can serve as an example’. cluding in the Canadian courts. The tar-
Here, as in the rest of the occupied West
gets are two Canadian companies that are
Bank, the land continues to be taken away
Bil’in: ‘The Wall is fully part of the constructing apartments in the Matityahu
from beneath the feet of its villagers. Ho-
system to steal our lands’ settlement on land belonging to Bil’in. In
wever, these villagers are famous for their
To try to recover their lands, many villages this case, the Committee will not settle for
non-violent resistance. One of the activities
are also taking legal action. In Bil’in, lengthy compensation but wants to obtain repara-
they engage in involves going as close as
debates were necessary before the Commit- tions, that is to say the simple demolition of
possible to the bulldozers responsible for
tee was able to go to the Israeli High Court, the parts of the settlement and the Wall al-
levelling the land in order to force the ma-
in order to obtain a deviation of the Wall’s ready built, a full halt to construction work,
chines to stop work, which is costly for the
route and to recover part of their lands con- the restitution of the land, and the payment
contractors. During the demonstrations that
fiscated for its construction. Some villagers of compensation for the damages and los-
they organise weekly, adults and children
were opposed to the idea of going ‘to claim ses suffered. ‘Obviously, these legal actions
face the soldiers and the bulldozers toge-
our rights before the courts of the occu- are expensive,’ emphasises Mohammad
ther. However, this resistance has a price:
20 -1Five
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Rima, inhabitant of Ni’lin:
Rima
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- 21- 21
hizma
Muwafaq Amer
At first sight, it seems that nothing could dis- The battle for water ‘Since 1947, all the United Nations resoluti-
turb the tranquillity of the 2,400 inhabitants Access to water is also a huge problem for ons have been flouted,’ he complains. ‘The
of Marda, a small village nestling at the foot the people of Marda. The villagers are for- International Court of The Hague has decla-
of a hill, in the midst of olive trees. But the ced to buy their drinking water from the Is- red that the Wall built inside the Green Line
gate situated at the main entrance to the vil- raeli company Mekorot, even though there is illegal. In 2004, it recommended halting its
lage is the first sign of an abnormal situa- are three significant springs very close by. construction and destroying the part already
tion. In fact, the Israeli army has erected two However, two of them are under exclusive built. But the Israelis continue to build this
gates, which it opens and closes as it sees Israeli control, being located behind the fu- wall without any sanctions from the interna-
fit. ‘Once they close the gates, we become ture route of the Wall. ‘The amounts of water tional community. So how do you expect us
prisoners in our own village, surrounded by that they allocate to us are inadequate and to have faith in international justice?’ n
barbed wire,’ says Imm Qayis, a nurse at there is not enough pressure for the homes
the local medical centre. ‘Often we are even in the upper part of the village,’ explains
trapped inside our own homes, because the Imm Qayis. ‘The Israelis charge us steep
army regularly imposes curfews.’ prices for water and, curiously, those prices Water scarcity is a major
fluctuate widely although we always use the concern in the West Bank
Looking up from the village, there is another same quota. But we don’t have access to
danger that continually threatens the vil- the meter.’ Access to, and control over, water resour-
lagers. Right at the top of the hill, you can ces is a constant struggle. Under interna-
clearly make out the barbed wire and the There is still the third spring, which is ac- tional law, a significant part of the water
first houses of Ariel, the largest Israeli settle- cessible because it is situated in the mid- sources that Israel uses to meet its needs,
ment in the northern part of the West Bank. dle of the village. But analyses have to be including that of the settlements, should be
Because of this settlement, the route of the carried out to check the quality of its water. shared equitably and reasonably by both Is-
Wall cuts deep into this region. There is a The land and the groundwater are polluted raelis and Palestinians.
constantly present risk of seeing the settlers by the outflow of waste water discharged
turn up in the fields to attack Palestinian far- by the settlers in Ariel. The only free water Israeli per capita water consumption is more
mers – a frequent occurrence here. In additi- in the village is the sewage that makes its than five times higher than that of West
on to this violence, there is also the tactic of way along the hillside until it reaches the vil- Bank Palestinians (350 litres per person
letting loose wild boars, which wreck crops lage houses, damaging the olive groves in per day in Israel compared to 60 litres per
and scare the villagers. the area. person per day in the West Bank, excluding
East Jerusalem). West Bank Palestinian wa-
The water supply problem is also accom- ter consumption is 40 litres less than the
panied by problems of access to electricity, minimum global standards set by the World
which has deterred the village from instal- Health Organization (WHO).
ling an olive oil press. In the opinion of Sadiq
Al-Khufash, chairman of the local council, all Source: UN OCHA, ‘The Humanitarian Im-
these problems have just one and the same pact on Palestinians of Israeli Settlements
aim: to make the life of the villagers as diffi- and other Infrastructure in the West Bank’
cult as possible in order to make them leave. (July 2007) n
This makes him bitter about the credibility of
international law.
Farouq Ghanam
Abu Raeb
When studying
becomes a day-to-day challenge
Abeer
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d’illegalité
- 27- 1
interview
Allegra Pacheco is head of the advocacy unit of the Office for the
Coordination of Humanitarian Affairs in the occupied Palestinian
Territory (OCHA-oPT). She explains to us the restrictions on move-
ment and access imposed on Palestinians and expresses the hope
that international law can be utilised more consistently.
Could you describe the system Israeli authorities. Palestinians who want to kind of ‘compensation’ aimed at solving
of restrictions on the freedom of build on their lands in these areas cannot some of the problems caused by the Bar-
access them and face house demolitions. rier, the checkpoints, and the settlements.
movement imposed upon the Pa-
Moreover, 9 per cent of the West Bank is About 100km of the primary road network
lestinians? classified as ‘natural reserves’. This might in the West Bank is already partly or wholly
First, let’s clarify things: when we talk about sound nice, but when you look at the map non-accessible for the Palestinians in cer-
freedom of movement, we are talking in fact you see that these zones are generally lo- tain sections, where they are blocked by
about a multi-layered system of restrictions cated next to the military zones, or in some obstacles, walls, or long fences. Israel has
that restrict access to space, not only to the cases even inside the military zones. They already renovated and expanded several
road network. The system in place inclu- are actually an extension of the zones to main checkpoints located in the middle
des more than 600 road obstacles such as which the Palestinians no longer have ac- of the West Bank to facilitate Palestinian
checkpoints and earth mounds. In addition, cess. Access is also forbidden for Palesti- movement through them – but these large
it includes the Barrier: if construction of this nians without a permit to approximately 3 investments in checkpoint expansions raise
continues as currently planned, it will be per cent of the land where settlements are our concern that these checkpoints are be-
726km long, nearly double the length of the located. coming permanent.
Green Line. The objection to the route of the
Barrier is simple: 86 per cent of it is located Currently the Israelis are investing a lot of
inside the West Bank itself and not on the
Israel is currently building a lot of
tunnels, refurbishing checkpoints, money to reinforce this system. All of this is
demarcation line of June 1967 between Is- happening in an occupied territory where,
rael and the occupied Palestinian Territory. and rebuilding roads. What is the under international humanitarian law, chan-
Because of this, the Barrier is separating purpose of this? ges to the territory by the occupying power
Palestinians from each other and from their Israel has already built 39 alternative roads should be for the benefit of the local popu-
lands. and 30 passageways under primary roads lation. In this case, the major changes to in-
in the West Bank. The objective is to put frastructure are designed to accommodate
These physical obstacles are complemen- in place a separate and secondary road the commuting and security needs of the
ted by administrative restrictions. Whereby, network for Palestinians and to reserve Israeli settlers.
more than 20 per cent of the West Bank has the original network for the use of Israeli
been declared ‘closed military zone’ by the settlers. For Israel, this road network is a
What about the permits system, in the case of localities that are close by it, International Court of Justice calling upon
and also indirectly due to the physical and Israel to cease construction of the Barrier
and the fact that the number of
administrative obstacles associated with it, inside the occupied Palestinian Territory
permits issued keeps on decrea- and to dismantle what it has already built.
such as going to Jerusalem, for example.
sing? This opinion was overwhelmingly reaffirmed
One of our surveys, conducted last year in by the General Assembly, including the EU,
several dozen villages in the north of the
Can the Palestinians still hope that
which voted as a block to affirm the ICJ opi-
West Bank, revealed that approximately 80 the international justice will put nion. There is room for continued lobbying
per cent of the Palestinians who used to go an end to the construction of the regarding the implementation of the advi-
to lands on the other side of the Barrier have Barrier, or even lead to it being dis- sory opinion rendered by the ICJ. n
not received permits from the Israeli autho- mantled?
rities. The remaining 20 per cent who have According to the United Nations and the In-
received permits are often elderly people ternational Court of Justice in The Hague,
who no longer have the physical capacity the underlying problem is the route of the
to work in their fields, while their children or Barrier and not its construction itself, which
grandchildren do not have permits. We even Israel considers essential for the protection
came across the case of a permit delivered of its citizens. International opinion is that if
to a Palestinian who for the past 20 years Israel still wants a wall, it should be built on
has lived in Australia. the Green Line and not inside the occupied
Palestinian Territory.
The same problem emerges with access
to water and the maintenance of wells. Be- It is not too late to change the course of
cause of the Barrier, many agricultural water things: the Barrier is not completed. More-
sources are cut off from the land that they over, its construction has slowed down over
supply, as in Jayyous, for example. Tens the past three years, apparently due to a
of thousands, perhaps hundreds of thou- lack of funds, according to the Israeli me-
sands, of Palestinians have been affected dia. We have today a half-completed Bar-
by the construction of this Barrier: directly rier coupled with an advisory opinion of the
Five years
Cinq ans
of illegality
d’illegalité
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Oxfam International