A/HRC/4/17
page 15
maintains that it respects Palestinian property in the West Bank and that it only, on a temporary
basis, takes land there legally for security reasons. Moreover, article 46 of the Hague
Regulations of 1907, which Israel acknowledges as binding upon it, provides that “private
property … must be respected” and “cannot be confiscated”. Peace Now’s disclosure is an
embarrassment to the Government of Israel but it is unlikely to respond positively as it has
already repeatedly rejected the international community’s complaint that settlements are contrary
to article 49, paragraph 6, of the Fourth Geneva Convention. This new revelation does, however,
serve to further emphasize the illegality of Israel’s colonial empire - the settlements - in the
West Bank.
34.
The history of colonialism shows that there are “good” settlers and “bad” settlers. So it is
with Israel’s colonists. Many are ordinary Israelis who have been lured to the settlements by tax
incentives and a better quality of life. On the other hand, there is a fanatic minority determined
to assert its superiority over the Palestinian population by violent means. Throughout the
West Bank there is evidence of settler violence, which often takes the form of destroying
Palestinian olive groves or obstructing the olive harvest. Undoubtedly the most aggravated
settler behaviour occurs in Hebron, where Palestinian schoolchildren are assaulted and
humiliated on their way to schools, shopkeepers are beaten and residents live in fear of settler
terror. Despite rulings of the High Court of Justice6 that it is the duty of the IDF to protect
Palestinian farmers from settlers, there is still evidence that the IDF turns a blind eye to settler
violence and, on occasion, collaborates with the settlers in harassing and humiliating
Palestinians.7 Indeed I have witnessed such conduct on the part of the IDF myself in Hebron.
E. The Jordan Valley
35.
Israel has abandoned earlier plans to build the Wall along the spine of the Occupied
Palestinian Territory and to formally appropriate the Jordan Valley. It has nevertheless asserted
its control over this region, which constitutes 25 per cent of the West Bank, in much the same
way as it has done over the closed zone between the Wall and the Green Line on Palestine’s
western border. That Israel intends to remain permanently in the Jordan Valley is clear from
government statements and is further manifested, first, by restrictions imposed on Palestinians
and, second, by the exercise of Israeli control and the increase in the number of settlements in the
Jordan Valley.
36.
Palestinians living in the Jordan Valley must possess identity cards with a Jordan Valley
address, and only those persons may travel within the Jordan Valley without Israeli permits.
Other Palestinians, including non-resident landowners and workers, must obtain permits to enter
the Jordan Valley and in practice such permits are not valid for overnight stays, necessitating
daily commuting and delays at checkpoints connecting the Jordan Valley with the rest of the
6
7
Rashad Morar v. The IDF Commander for Judea and Samaria (HCJ 9593/04).
See Yesh Din, A Semblance of Law. Law Enforcement Upon Israeli Civilians in the
West Bank (June 2006).
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