A/HRC/7/17 page 14 imposed; and countless innocent civilians were terrorized by armed soldiers and dogs. Nablus has been particularly affected: on 17 October, the Israeli army raided the city of Nablus and fired tank shells, killing an elderly civilian and one armed individual, and injuring 14 civilians, including 2 children and a journalist. The IDF has frequently failed to distinguish clearly between military targets and civilians. As in the case of Gaza (see paragraph 25) these actions appear to violate rules of international humanitarian law (articles 48, 51 (4) and 52 (1) of Additional Protocol I). B. Settlements and settlers13 30. There are 149 settlements in the West Bank and East Jerusalem. Despite promises by Israel to freeze settlement growth, the number of settlers has increased by 63 per cent since 1993 to its present population of 460,000. At present new construction is under way in 88 settlements and the average growth rate in the settlements is 4.5 per cent compared with the average growth rate of 1.5 per cent in Israel itself. In addition there are 105 “outposts” - that is, informal structures, which serve as a prelude to a new settlement, and are unauthorized but still funded by Government ministries. Despite Israel’s undertaking in the road map to dismantle all outposts built after 2001, no such action has been taken in respect of the 51 such outposts. More than 38 per cent of the West Bank consists of settlements, outposts, military areas and Israeli nature reserves that are off limits to Palestinians. Settler roads link settlements to each other and to Israel. These roads are largely closed to Palestinian vehicles. (Israel has therefore introduced a system of “road apartheid”, which was unknown in apartheid South Africa.) 31. In a statement to the Third Committee in October 2007 the Israeli delegate, Ms. Ady Schonmann, stated that the Special Rapporteur had failed to indicate that the Israeli NGO, Peace Now, had retracted a report of October 200614 which showed that nearly 40 per cent of the land held by Israeli settlements in the West Bank is privately owned by Palestinians. The Special Rapporteur has had contact with Peace Now which has indicated that while it made some corrections to its report in response to representations from the Israeli Government, it has not retracted its finding that 40 per cent of land occupied by settlements in the West Bank is privately owned by Palestinians. 32. Settlements are illegal under international law as they violate article 49, paragraph 6, of the Fourth Geneva Convention. This illegality has been confirmed by the International Court of Justice in its Advisory Opinion on the construction of the wall, by the High Contracting Parties 13 See generally, “The Humanitarian Impact on Palestinians of Israeli Settlements and Other Infrastructure in the West Bank”, the Office for the Coordination of Humanitarian Affairs (OCHA), July 2007, available at http://www.ochaopt.org/?module=displaysection& section_id=103&format=html. 14 Breaking the Law in the West Bank - One Violation Leads to Another: Israeli Settlement Building on Private Palestinian Property, Peace Now, October 2006.

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