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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