A/HRC/12/37
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Israeli settlers (or vice versa). Far from carrying out this duty, it appears that, in this instance,
IDF were directly involved in settler violence, by escorting settlers to Safa and openly assisting
them in attacking the village.
70. In addition, IDF subjected persons to ill-treatment during their search of the village. All
IDF operations in the West Bank must be in strict compliance with international human rights
standards. In particular, force should be used only as a last resort, and only to the minimum
extent necessary. It appears that these standards were not followed. It is also, as noted above, a
violation of international humanitarian law that persons detained in the course of such operations
are detained in Israel, and not in the West Bank.
F. The Wall and restrictions on the freedom of movement
71. The Wall enclosing, and in many areas encroaching into, the West Bank, remained
throughout the reporting period. As of August 2008, the last date for which comprehensive data
are available, approximately 57 per cent of the Wall’s planned route of 723 kilometres had been
completed. Approximately 86 per cent of the route of the Wall is actually in the West Bank, and
not along the Green Line (the armistice line between Israel and the Jordanian-controlled
West Bank), and will effectively annex large parts of the West Bank to Israel. Almost 12 per cent
of the land of the West Bank (including East Jerusalem) will remain either west of the Wall or in
enclaves created by the route. Approximately 35,000 Palestinians holding West Bank identity
documents in 35 communities will be located between the Green Line and the Wall; 125,000
Palestinians will be surrounded by the Wall on three sides and 26,000 on four sides. Over
80 per cent of the Israeli settlers in the West Bank will be connected to Israel, whereas
Palestinians will be separated from land, livelihoods and services, with access dependent on an
extremely restrictive permit regime.100
72. As noted above, the Wall has been found by the International Court of Justice to be in
contravention of Israel’s obligations under international law, insofar as it departs from the Green
Line. In its advisory opinion, the Court stated that the construction of the Wall in the OPT should
cease and the portions already built in occupied territory dismantled. It is of grave concern that
as of the present time Israel has chosen not to comply with this advisory opinion. However, it
should be stressed that the Wall is but one element of the extreme restrictions on the movement
of Palestinians within the West Bank, including permanent checkpoints where Palestinians are
usually subjected to checks that cause prolonged delays. As of March 2009, OCHA observed
634 closure obstacles blocking Palestinian movement within the West Bank, including 93 staffed
checkpoints.101 In addition, the Army operates 39 permanent checkpoints that control travel
100
OCHA, “The humanitarian impact of the barrier”, August 2008.
101
OCHA, “West Bank movement and access update”, May 2009.
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