The Israeli Government is moving steadily with its systematic procedures to impose facts on the ground mainly by fortifying its settlement enterprise in the oPt.
The Israeli authorities , side by side, with the herds of the Israeli settlers (with a total population exceeds 700,000 settlers living in 196 illegal settlements and additional 232 illegal settlement outposts), collaborating to capture as much as possible from the Palestinian lands to expand the existing settlements and installing new settlement outposts.
During the years of the Israeli occupation, the Israeli policies against Palestinian become more clearest, and showed that the Israeli Authorities are working for the interest of the Israeli settlers and their colonial desires!! And for that, the Israeli Authorities used several legal measures to make their “actions” in the occupied Palestinian territory “legal”. so they confiscated Palestinian lands to build settlements, outposts, military bases, and road networks. Also they constructed the “Segregation wall” under the claims of “protect the settlers”.. it’s worth to mention, that the Israeli Authorities help the Israeli settlers to control over Palestinian lands and to build new outpost or to expand an exsisting settlements. Also, the Israeli Authorities allocated special budget to benefit the settlers who lives in the 199 illegal settlements in the occupied West Bank, and especially in the East Jerusalem.
The above cases clarify how the Israeli Authorities ignored the laws and the international community to help the Israeli settlers to control over Palestinian lands mainly to construct new settlements. Furthermore, the successive Israeli governments used to allocated hundreds of millions of shekels with significant privileges to expand settlements
- Israel allocated $3 Million for Mikveh in Ma’aleh Zeitim settlement
On the 10th of August 2015, the Israeli newspaper “Haaretz” declared that the Israeli Municipality of Jerusalem approved a budget of 11.2 million shekels ($2.94 million) to build a mikveh (pool for relesgious purposes); a Jewish ritual bath, in the Israeli settlement of Ma’aleh Zeitim which located in the heart of the Ras Al Amoud neighborhood in Jerusalem city. According to the plan, the new mikveh will benefit the Israeli settlers living in the aforementioned settlement and would also serve those who visiting the Mount of Olive cemetery, and would have separate ritual baths for women, men and for immersing tableware and other kitchen items requiring ritual immersion. Moreover, the new mikveh planned for Ma’aleh Zeitim settlement will be especially large, covering 401 square meters and will serve a total of 117 Israeli families; according to the Israeli Municipality of Jerusalem.
- Israeli settlers took over an abandoned army base- Shilo
On the 3rd of August 2015, the Israeli website news “Haaretz”, revealed that the Israeli settlers took over an abandoned army base; “Mevo Shilo” military base, which located near the Israeli settlement of Shilo and established a new outpost which they call Malachei Shalom (Angels of Peace). The Mevo Shilo base was partially used as an Israeli Army base, , leaving some buildings empty, even though it is still defined as a “military area”.
In the recent few weeks, a number of Israeli settlers moved to the base and built an illegal outpost in the site. However, the Israeli Army called the situation an “illegal invasion of a military base”, but has nonetheless provided the settlers with water and electricity and infrastructure.
It is worth pointed that in several cases, the Israeli Army helps the Israeli settlers to occupy Palestinian land and to establish new outposts, and also provide them with the necessary meters and suitable infrastructure to stayas long as they can in the site . More than that ,the occupation Army protected settlers when carrying out their attacks against Palestinians and their properties, showing the true face of the “State of Occupation”
In General
According to the international law rules and norms, all the Israeli actions in the occupied West Bank; included east of Jerusalem, are illegal, which means that the settlements, outposts, military areas and bases, the segregation wall are illegal and most be dismantled.
The Fourth Geneva Convention states in Article 49 that “The occupying power shall not deport or transfer parts of its own population into the territories it occupies.” and Article 174 of the same convention “prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.”
Article 33 of the Fourth Geneva Convention prohibits collective punishment, and land leveling and property destruction carried out by Israeli forces are collective punishments. The article states: 'No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.”
Article 53 of the same convention provides that 'any destruction by the Occupying power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities or social or cooperative organizations is prohibited, except where such destruction is rendered absolutely necessary by military operations.'
Article 147 of the convention considers 'extensive destruction and appropriate of property, not justified by military necessity and carried out unlawfully and wantonly' as a grave breach of the Convention and thus constitute a war crime.
Under the Fourth Geneva Convention Israel is prohibited to demolish the Palestinian houses according to the Article 53 of the Convention which provides that: 'Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations
Article XXXI, Oslo II, 1995 provides: Neither side shall take any step that will change the status of the West Bank and the Gaza Strip.
Article XXXI of the 1995 Oslo agreement Israel is forbidden from building or planning to any project or settlements or any colonial expansion or any plan that lead to change the status of the West Bank and Gaza Strip. The article provides “Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations”.
Furthermore, the existence of the Israeli settlements in the West Bank and their expansions are Illegal and contradicts with the international law rules, United Nations Security Council Resolutions such as 237 (1967), 271 (1969), 446 (1979), 452 (1979) ,465 (1980.
Resolution 446 March 22, 1979 calls on Israel to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories"
Also the resolution 452 of the 1979 “calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.
The Israeli Occupation practices in the occupied Palestinian territory and especially in the city of Jerusalem clearly violate the Palestinian human rights under international law and the fourth Geneva Convention of 1949 systematically, which constitute a crime of apartheid according to the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) which defines apartheid as: 'the imposition of various legislative measures on different racial groups while injuring the rights of one. Moreover, the crime of Apartheid comprises a 'crime against humanity' and 'a serious threat to international peace and security'.
Prepared by:
The Applied Research Institute – Jerusalem
