A/HRC/12/48 (ADVANCE 1)
page 18
by the Israeli military court system that operates for Palestinians in the West Bank and under
which due process rights for Palestinians are severely limited. Many are held in administrative
detention and some under the Israeli “Unlawful Combatants Law”.
87. The Mission focused on a number of issues in relation to Palestinian detainees that in its
view are linked to the December-January Israeli military operations in Gaza or their context.
88. Legal measures since Israel’s disengagement from Gaza in 2005 have resulted in
differential treatment for Gazan detainees. A 2006 law altered due process guarantees and is
applied only to Palestinian suspects, the overwhelming majority of whom are from Gaza,
according to Israeli Government sources. The ICRC Family Visits Programme in the Gaza Strip
was suspended in 2007, barring all means of communication between Gazan prisoners and the
outside world.
89. During the Israeli military operations in Gaza, the number of children detained by Israel
was higher than in the same period in 2008. Many children were reportedly arrested on the street
and/or during demonstrations in the West Bank. The number of child detainees continued to be
high in the months following the end of the operations, accompanied by reports of abuses by
Israeli security forces.
90. A feature of Israel’s detention practice vis-à-vis the Palestinians since 2005 has been the
arrest of Hamas affiliates. A few months before the elections for the Palestinian Legislative
Council in 2005, Israel arrested numerous persons who had been involved in municipal or
Legislative Council elections. Following the capture by Palestinian armed groups of Israeli
soldier Gilad Shalit in June 2006, the Israeli armed forces arrested some 65 members of the
Legislative Council, mayors and ministers, mostly Hamas members. All were held at least two
years, generally in inadequate conditions. Further arrests of Hamas leaders were conducted
during the military operations in Gaza. The detention of members of the Legislative Council has
meant that it has been unable to function and exercise its legislative and oversight function over
the Palestinian executive.
91. The Mission finds that these practices have resulted in violations of international human
rights and humanitarian law, including the prohibition of arbitrary detention, the right to equal
protection under the law and not to be discriminated based on political beliefs and the special
protections to which children are entitled. The Mission also finds that the detention of members
of the Legislative Council may amount to collective punishment contrary to international
humanitarian law.
3.
Restrictions on freedom of movement in the West Bank
92. In the West Bank, Israel has long imposed a system of restrictions on movement.
Movement is restricted by a combination of physical obstacles, such as roadblocks, checkpoints
and the Wall, and administrative measures, such as identity cards, permits, assigned residence,
laws on family reunification, and policies on the right to enter from abroad and the right of return
for refugees. Palestinians are denied access to areas expropriated for the building of the Wall and
its infrastructure, for use by settlements, buffer zones, military bases and military training zones,
and the roads built to connect these places. Many of these roads are “Israeli only” and forbidden
for Palestinian use. Tens of thousands of Palestinians today are subject to a travel ban imposed
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents