A/HRC/22/63
B.
Equality and right to non-discrimination
1.
Inequality and discrimination in the application of the law
39.
Information presented to the mission demonstrates that distinct legal systems exist in
the Occupied Palestinian Territory and are applied separately to Israeli settlers and
Palestinians. Broadly, Israelis in Area C are subject to Israeli domestic law enforced by the
police and courts in Israel. A patchwork of Israeli military orders and Ottoman, British and
Jordanian legislation is applied to Palestinians, who are also subject to a military court
system with a wide jurisdictional reach.
40.
By ―channelling‖ Israeli civil law into the territory of settlements, ―legal zones‖
have been established within the West Bank where Israeli laws apply to settlers in order, for
example, to regulate the status and authority of governmental institutions within
settlements. These laws do not apply to Palestinians. Other Israeli laws are applied
personally to Israelis in the West Bank, giving them preferential legal status over
Palestinians. A matrix of military orders applies personally, by law or by practice, only to
Palestinians to regulate and control most aspects of daily life, including by restricting an
extensive range of rights. Israelis and Palestinians are also treated differently by the same
laws; for instance, some military orders designate areas in the Occupied Palestinian
Territory as ―closed military zones/areas‖. With the exception of military training or firing
zones, only Palestinians are prohibited from entering such areas unless they have a permit,
even if the area encompasses Palestinian land, thereby denying Palestinians access to or
ownership of land. The so-called ―seam zone‖ is closed to Palestinians, while Israelis and
foreign visitors have unrestricted access. Certain other Israeli laws expressly discriminate
against Palestinians. In 2012, the Committee on the Elimination of Racial Discrimination
reiterated its concern about the Citizenship and Entry into Israel Law (Temporary
Provision) that suspends, with rare exceptions, family reunification between an Israeli
citizen and a person residing in the Occupied Palestinian Territory, with a severe impact on
family rights.
41.
The mission again noted the extraterritorial personal application of Israeli
legislation, with the application of Israeli criminal law to Israelis in the West Bank with
respect to offences they allegedly committed there.
42.
According to the Secretary-General, lack of accountability permeates all types of
acts of violence committed by Israeli settlers against property and persons. 24 The situation
today closely resembles that described by the inquiry conducted in 1984 into action taken
with regard to settler violence headed by the then Israeli Deputy Attorney General, Yehudit
Karp. According to Yesh Din, an Israeli non-governmental organization that monitored 869
cases between 2005 and 2012, more than 91 per cent of all investigations concluded into
complaints of criminal offences against Palestinian persons and property in the Occupied
Palestinian Territory were closed without an indictment being served, mostly owing to
investigative failures.25 This is despite the fact that attacks and intimidation by settlers
against Palestinians are often carried out in daylight and in the presence of Israeli army or
police personnel, who frequently do not stop the violence or are ineffective.
43.
The mission was informed that, when acts of violence are committed by Palestinians
against settlers, these are appropriately addressed, indicating that the lack of law
24
25
10
A/67/375, para. 39.
Yesh Din, ―The impact of the settlements on Palestinian rights in the West Bank‖, November 2012,
available from www.yesh-din.org/userfiles/file/Position%20Papers/Yesh%20Din%20Position%20to%
20UN%20FF%20Mission.pdf.
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