A/HRC/2/5
page 18
59.
For many years Israel has destroyed houses built without permission, arguing that in so
doing it is simply applying municipal housing laws in the same way as other developed societies
do. Such an argument fails to take account of two factors. First, an occupying Power is
constrained from destroying the houses of persons protected by international humanitarian law
(see article 23 (g) of the Hague Regulation respecting the Laws and Customs of War on Land
annexed to the Hague Convention IV of 1907 and article 53 of the Fourth Geneva Convention).
This applies to Palestinian homes in the West Bank, Gaza and East Jerusalem. Second, permits
are refused in such an arbitrary manner, and are refused with such great regularity, that it has
become virtually impossible for Palestinians to obtain permits to build houses. The permit
system for Palestinians in East Jerusalem is administered in a completely different way than it
is administered in respect of Israelis. The discriminatory way in which the permit system is
implemented in East Jerusalem has recently been highlighted by Meir Margalit in Discrimination
in the Heart of the Holy City (2006).
X. CHECKPOINTS
60.
The number of checkpoints, including roadblocks, earth mounds and trenches, has
increased from 376 in August 2005 to over 500. These checkpoints divide the West Bank into
four distinct areas: the north (Nablus, Jenin and Tulkarem), the centre (Ramallah), the south
(Hebron) and East Jerusalem. Within these areas further enclaves have been created by a system
of checkpoints and roadblocks. Cities are cut off from each other as a permit is required to travel
from one area to another and, again, permits are difficult to obtain. The rules relating to the
granting of permits constantly change, particularly with respect to the age of the persons to
whom permits are refused. Moreover, bureaucratic procedures for obtaining permits are
arbitrary and obstructive. This has worsened since Hamas came to power as those applying
for permits must now apply directly to the Israeli Civil Administration because the Israeli
Government refuses to cooperate with any Palestinian governmental authority. The permit
system also explains the economic decline of OPT as movement of goods and labour cannot
move freely.
61.
In June 2006 I visited the city of Nablus, which is now completely surrounded by
checkpoints which make entrance into and exit from the city impossible for most residents.
In effect, Nablus has become an imprisoned city.
62.
Israel justifies checkpoints on security grounds. It is difficult to accept this justification
for most checkpoints. After all, the Wall provides an effective security barrier between Israel
and OPT and there is a line of checkpoints along the finger of land in which the Ariel settlement
block has been established which should adequately ensure the protection of Israelis.
Checkpoints in other areas, such as those surrounding Nablus, therefore seem to serve no
security purpose. This suggests that the main purpose of many checkpoints is in fact to make
Palestinians constantly aware of Israeli control of their lives and to humiliate them in the
process.
XI. SEPARATION OF FAMILIES
63.
The right to family life is recognized by all human rights conventions. In OPT it is
undermined by Israel in a number of ways. First, the Wall running between Jerusalem
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