A/HRC/13/53
States, but encountered criticism from both the Palestinian Authority and the leadership of
the settler movement.30
22.
Palestinian criticism centred on the fact that the freeze did not include public
buildings in the West Bank settlements, several thousand residential units under
construction, or any building in occupied East Jerusalem. The original call for a freeze, by
President Barack Obama, did call for a temporary freeze to be extended to the whole of the
OPT, including East Jerusalem. The disappointing response of the United States to the
Israeli initiative was articulated by Secretary of State Hillary Clinton: “Today’s
announcement by the Government of Israel helps move forward towards resolving the
Israeli-Palestinian conflict. We believe that through good-faith negotiations the parties can
mutually agree on an outcome which ends the conflict and reconciles the Palestinian goal of
an independent and viable state based on the 1967 lines, with agreed swaps, and the Israeli
goal of a Jewish state with secure and recognized borders that reflect subsequent
developments and meet Israeli security requirements”.31 One can only wonder about how
big a departure from 1967 borders are envisaged to “reflect subsequent developments” and
“meet Israeli security requirements”. Such an assertion by a senior official of the United
States Government seems to be a virtual invitation to Israel to continue creating facts on the
ground, presumably even if these facts occur in violation of international humanitarian law.
It is also notable that, in his statement announcing the freeze, the Israeli Prime Minister
twice used the settler terminology of Greater Israel, that is, “Judea and Samaria”, rather
than the language adopted by the United Nations and the international community, that is,
“the occupied West Bank” or simply “the West Bank”, which could be interpreted as
staking an implicit claim for the eventual annexation of the West Bank, and not as a step
towards the establishment of a viable Palestinian state.32
23.
The settlement movement, represented by Danny Dayan, chair of the main settler
body, defiantly expressed objections: “We are 300,000 citizens living in 150 communities.
It is impossible to freeze us. I don’t know how it will happen, but we will break this
freeze.”33 A variety of legal and non-violent settler initiatives have reinforced the Dayan
statement, as well as an array of unlawful violent expressions of opposition to the freeze.
The scope of the freeze is definitely less than meets the eye. Despite the freeze,
construction will continue on 3,000 housing units in West Bank settlements for which
permits have already been issued, and the freeze does not apply to public facilities such as
schools, shops, meeting and administrative halls. It will, however, delay the construction of
18,000 housing units for which permits have been issued, but will not be built during the
freeze. In addition, it has been reported that hundreds of construction permits were obtained
by various settlements just prior to the announcement of the freeze. A Likud minister,
Benny Begin, has said that the settlement population could grow by 10,000 even during the
period of the freeze. To further diminish the impact of the freeze, after a large settler
demonstration in Tel Aviv, the Prime Minister offered settlements some new tax breaks and
other economic benefits, as well as reassuring settlers that after the freeze period “my
government will revert to the policies of previous governments in relation to
construction”.34
30
31
32
33
34
10
http://www.fmep.org/reports/archive/vol.-19/no.-6/PDF.
See for instance, “Let us make peace, declares Netanyahu”, The Jerusalem Post, 26 November 2009.
“Israel’s announcement regarding settlements”, Hillary Clinton, available at http://www.state.gov/
secretary/rm/2009a/11/132434.htm.
See footnote 29 above.
“Israel settlement freeze: Benjamin Netanyahu promises 10-month halt, angering allies”, Christian
Science Monitor, 25 November 2009.
See footnote 33 above.
GE.10-10260
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