A/HRC/16/72
and other Israeli measures to push Palestinian residents out of the city will cumulatively
make the creation of a viable Palestinian state, with its capital as East Jerusalem,
impossible.33
19.
The evidence mounts that from a longer vantage point, the overall pattern combining
forced expulsions of Palestinians outwards and of Government-supported voluntary
transfers of Israeli settlers inwards reflects a systematic policy of Israel to set the stage for
an overall dispossession of Palestinians and the establishment of permanent control over
territories occupied since 1967. According to a United Nations report, forced population
transfer, or ethnic cleansing, is defined as the “systematic, coercive and deliberate …
movement of population into or out of an area … with the effect or purpose of altering the
demographic composition of a territory … particularly when that ideology or policy asserts
the dominance of a certain group over another”.34 There is no question that, with its policy
of Palestinian expulsion and dispossession in Jerusalem, Israel continues to be responsible
for a gradual, incremental, yet cumulatively devastating policy designed to achieve the
ethnic cleansing of Palestinians.
IV.
West Bank roads and international complicity in
perpetuating the occupation
20.
The Rapporteur strongly believes that the wider infrastructure of occupation and in
particular the dual system of roads represents a growing violation by Israel, the occupying
Power, of the International Convention on the Suppression and Punishment of the Crime of
Apartheid and, more pertinently, of apartheid as an instance of a crime against humanity as
specified in the statute governing the operations of the International Criminal Court. The
dual system of roads, as correlated with legal regimes, creates two domains in the West
Bank: one for privileged Israeli settlers and the other for subjugated Palestinians living
under an occupation. This is particularly visible in the Government and international
funding of a network of alternative roads designed to facilitate Palestinian travel, while
institutionalizing Israeli military control over the existing main roads, which are then
accessible only to Israeli settlers. Many of these roads are also being constructed or
upgraded in Area C – the approximately 62 per cent of the West Bank, which according to
the 1995 Oslo agreement remains under Israeli administrative and military control, and
where the material conditions of the Palestinians living in Area C compares extremely
unfavorably with conditions in areas A and B, and even with the wretched conditions under
blockade in Gaza. In those cases, the roads remain under control of the occupying Power
and thus largely inaccessible to Palestinians (except those very few who obtain a permit),
while the international aid and money used to pay for the roads is money – diverted from
funding streams ostensibly aimed at improving the lives of Palestinians living under
occupation – instead benefits the occupying Power.
21.
The Office for the Coordination of Humanitarian Affairs has reported that Israeli
authorities continue to implement measures to restrict Palestinian movement and access
and, at the same time, to facilitate the movement of Israeli settlers.35 These measures
include, namely, the expansion of the alternative (“fabric of life”) road network;
33
34
35
Carter Center, “Carter Center Calls for End to East Jerusalem Deportations, Respect for International
Law” (22 July 2010). Available from www.cartercenter.org/news/pr/palestine-072210.html.
The Human Rights Dimensions of Population Transfer, including the Implantation of Settlers,
Preliminary Report prepared by A. S. al-Khawasneh and R. Hatano (E/CN.4/Sub.2/1993/17), paras.
15 and 17.
OCHA-OPT, “West Bank Movement and Access Update” (June 2010).
11
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