A/HRC/23/21
deported to another country. Such a deportation would likely violate article 49 of the fourth
Geneva Convention, which prohibits the forced transfer or deportation of protected persons
from occupied territories. This was the treatment meted out to Ayman Sharawna, who
ended his nearly seven month-long hunger strike in mid-March in return for deportation to
Gaza for 10 years.
38.
It is interesting to note that Mr. Sharawna and Mr. Al-Issawi were released from
Israeli detention on 18 October 2011 in connection with the deal between Israel and Hamas
that resulted in the release of Israeli soldier Gilad Shalit. It should be of concern to Israelis,
Palestinians and international actors that the Government of Israel appears increasingly
willing to break the terms of that deal. While 1,027 Palestinian prisoners were released in
exchange for one Israeli soldier, Israeli authorities have since re-arrested at least 15 of the
Palestinians who were released. At the end of the period under review, 12remained
imprisoned. To the Special Rapporteur’s knowledge, none of those imprisoned was subject
to any criminal or other charge. Similarly, Israel has demonstrated its readiness to disregard
the agreement reached on 14 May 2012 with representatives of Palestinian prisoners that
ended the hunger strike in which at least 1,000 Palestinians participated. According to that
agreement, in return for ending the hunger strike, Israel would remove prisoners from
solitary confinement, allow family visits, limit the use of administrative detention, and
make efforts to improve general conditions. 28 All reports indicate that Israel has
backtracked on each element. Israel’s detention regime, in particular, seems designed to
disrupt Palestinian society, producing an atmosphere of arbitrariness, instability and
powerlessness. The Special Rapporteur reminds the international community that more than
750,000 Palestinians have been detained by Israel since the occupation began in June 1967
– around 20 per cent of the Palestinian population.
IV. Settlements
39.
The Special Rapporteur is concerned by Israel’s consistent and systematic expansion
of settlements through subsidies, expropriations, house demolitions and demolition orders,
granting permits for homes in settlements and intensifying the exploitation of Palestinian
natural resources. In the first quarter of 2013, Israel demolished 204 Palestinian homes and
structures, displacing 379 Palestinians.29
40.
The report of the fact-finding mission mandated by the Human Rights Council to
investigate the implications of the Israeli settlements reconfirmed that Israel had full control
of the settlements in the Occupied Palestinian Territory since 1967 and continued to
promote and sustain them through infrastructure and security measures. It concluded that
the establishment of the settlements in the West Bank, including East Jerusalem, was “a
mesh of construction and infrastructure leading to a creeping annexation that prevents the
establishment of a contiguous and viable Palestinian State and undermines the right of the
Palestinian people to self-determination”. 30 The process of “creeping annexation” that is
slowly redrawing the contours of the West Bank contrasts with Israel’s purported
annexation of East Jerusalem, but both are clearly violations of the fourth Geneva
Convention.
28
29
30
16
See “End of hunger strike by security prisoners”, 14 May 2012, at
http://unispal.un.org/UNISPAL.NSF/0/2FA82C2602EA28E585257A13004C821D.
OCHA, Protection of Civilians Weekly Report, 23-29 April 2013. Available from
http://unispal.un.org/UNISPAL.NSF/0/9128D6CBDC71A71C85257B60004D974C.
A/HRC/22/63.
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