
Jewish settlers throw stones
at Palestinian homes in the West Bank city of
Researched and Compiled by
Said Awadallah,
MPH
Project
Development & Fundraising (PHRMG)
Submitted by
The Palestinian Human Rights Monitoring
Group (PHRMG)
Tel. +972-2-582 3372 Fax +972-2-582
3385
The Palestinian Human Rights
Monitoring Group (PHRMG) is a Palestinian, independent, non-governmental
organization working to end human rights violations committed against
Palestinians in the West Bank,

I. Overview
--------------------------------------------------------------------------------------------------------
Established
in July 2001 by the PHRMG, the first progress report was published in December
2002; the second report assessed the progress of the Hotline from December 2002
to October 2003 and this General report is to give a narrative on the project
throughout a period of one year from 01 May 2003 to 30 April 2004.
Even
those few legal rights and protections to which Palestinians are entitled by
Israeli law are largely being ignored by the Israeli police. The double
standard of Israeli law enforcement is not a result of local or private
initiatives by an individual policeman or a single police station, but is a
consequence of Israeli apartheid, which applies two sets of legal systems, one
for Palestinians and one for Jews living in the same territory based on their
nationality. We believe that the double standard with which the Israeli police
and other law enforcement agencies deal with the crimes committed by settlers
against Palestinians, as described in the following sections, should be
strongly and openly condemned. However we wish to emphasize that it is not
surprising that this double standard exists; on the contrary, this undeclared
discrimination is part of the wider discriminatory legal system which
The
Palestinian Human Right Monitoring Group’s (PHRMG) findings show that the
Israeli settler violence in the
The
Settlers Watch Hotline had and still has three main based components in
assisting victims of settlements and settlers:
(1) 24 hour access by phone;
(2) Follow-up to support victims;
(3) Legal education component (Know Your Rights).
From statistics gathered from the
PHRMG database, the following table shows the numbers of murders committed by
settlers throughout 2000 to 2003. This report will go on to illustrate by way
of case studies the different types of crimes committed by settlers including
attacks resulting in moderate to serious injury, several reports of shooting
incidents and damage to property.

6 Killed in the year
2000 12
Killed in the year 2001 4 Killed in the year
2002 3 Killed in the year
2003


During the first months of the al-Aqsa Intifada six Palestinian
fatalities killed by Israeli settlers, showing a tende ncy, that if not
tackled, could worsen. The following year, the numbers of fatalities killed by
settlers was also extremely high, but proportionally lower than the first
months of the Intifada. In the following years the number of fatalities
decreased considerably. It is worth
mentioning however that despite the decrease in the number of fatalities,
violence against Palestinians remains, and incidents such as stone throwing or
damaging property are still affecting Palestinian every-day life.
II. Overall
Summary:
Palestinian victims are more
likely to file complaints knowing that there is a legal unit ready to defend and
assert their rights. Severe restrictions on freedom of movement for
Palestinians have made it increasingly difficult to reach police stations to
file complaints or to make statements. In addition the Israeli army and police
routinely ignore or dismiss complaints made by Palestinians. Palestinian
victims are consequently often reluctant to contact the Israeli police or
army. Israeli army and law
enforcement agencies’ refusal to intervene in ongoing incidents of
violence, open investigations or bring settler offenders to justice has deeply
affected the work of our legal unit.
There is still a great need for a Palestinian service which
attempts to ensure a swift reaction to the settler attacks by the Israeli army
and police.
“The legal unit of
the PHRMG hopes to continue its work in protecting the Palestinian people from
further human rights violations”.
As a
result settlers enjoy virtual impunity. The Israeli army almost never
intervenes to stop or apprehend settlers who attack Palestinians. PHRMG takes
the view that these factors are a principle cause of continuing settler
violence. Following a methodical analysis of each one of our cases, we
have come to the conclusion that settler violence against Palestinians is still
a serious and ongoing problem, and that the Israeli army and law enforcement
agencies, which have a legal duty both under International and Israeli law to
protect Palestinians under their control,[1]
have sadly failed again in this
regard.

Project Objectives Progress
-----------------------------------------------------------------------------------------
1. Project Objectives Progress
The
first objective of the Settlers Watch Hotline was and is still to
encourage Palestinians, both victims and witnesses, to report their complaints
of illegal settler activity. This has been accomplished by publicity in the
local media.
The
first step in achieving this was publicizing the existence of the Hotline,
which was carried out in the Palestinian newspapers (al-Hayat al-Jedidah,
al-Ayam), local T.V. (al-Nawras [Hebron], Nablus TV and radio (Nablus FM).
Two
types of advertisements were published:
1.
A first
announcing the opening and the purpose of the Hotline.
2.
A second
outlining Palestinian rights as well as encouraging Palestinians to file
complaints directly to the police (contact information of local authorities was
provided), or through the Hotline.
The existence and the purpose of the Hotline were also publicized by PHRMG field researchers, who posted information to local universities, hospitals and local village councils.
These advertisements did
reach the public who seemed to have been waiting for such assistance for a long
time. After the publication of each advertisement waves of complaints were
reported to the Hotline from different parts of the West Bank, especially the
most affected areas, such as Hebron city area, whose residents have been
affected by settler violence for a long time.
At
the beginning, documented complaints were taken by a Palestinian Counselor,
fluent in Arabic, Hebrew and English, who recorded the calls on a Complaint
Intake Form on which he (Counselor) firstly confirmed the incident by
contacting the local Palestinian authorities or a PHRMG fieldworker; he then
contacted the Israeli law enforcement agencies (Israeli Army or Police) or the
District Coordination Office (DCO) as appropriate.
Now
project field workers take testimonies on site from the affected person/s (as
part of a documentation procedure) and verify the occurrence of the incident;
then a complaint is filed with the police and finally the case is followed up
by the legal unit of the Hotline (example cases are to be later given in this report).
Since
its inception, the Hotline has worked on and followed up more than 368
different settler violence complaints including cases resubmitted and reopened
by Legal Unit of the PHRMG. PHRMG is currently waiting for police and court
responses to 78 of those cases. In most of these cases, victims have filed a
criminal complaint either with the Israeli police or Israeli DCO. Despite initial reluctance in many of
these cases the Hotline counselor and/or the PHRMG field researcher have been
successful in convincing victims of the importance of filing an official
complaint. (It is acknowledged that those who call the Hotline in the first
place are, by definition, more inclined to file complaints.
Recently,
many issues have obstructed the filing of complaints:
The effect of the media coverage was successful at the
beginning and during the following year, but the uprising, the consequences of
the wall as well as fear of the army and police force greatly affected
Palestinian citizens. This has left a need to raise awareness amongst
Palestinians about their legal rights under international law and to complain
about incidents.
The second objective was and still is putting pressure on Israeli authorities
to intervene in cases of illegal settler activities as well as increasing the
effectiveness of their intervention.
The PHRMG can point to the
following examples of success in this area:
Furthermore,
regarding the Israeli Police and Israeli law in the Occupied Palestinian
Territories, the following can be pointed out:
The Israeli police are divided into 6
districts, each of them having the responsibility to maintain law, order and security
in their own geographical area of jurisdiction:
Northern District, Central District,
Tel-Aviv District, Jerusalem District, Southern District and the Judea and
Samaria District.
In charge of all these 6 districts and branches is the
Police National Headquarter, in which the
Judea and Samaria District[2]
police has the jurisdiction over most of the Occupied Palestinian Territories.
SHAI
District spreads over an area of 5,500 square kilometers of the occupied West
Bank. 1,500,000 Palestinians and over 170,000 Jewish settlers are currently
living within SHAI jurisdiction. As the following map illustrates, SHAI
district itself is divided into four regional police stations: two regional
stations, Hebron and Someria, and two additional stations, Binyamin and
Ma’ale Edumim. Police responsibilities in SHAI District, as quoted from
the official police website, are “…to detect and prevent crime,
to enforce road traffic law and maintain road safety, and to deal with public
order disruptions by both Jews and Arabs.”[3]
A careful reading provided by SHAI
police stated responsibilities reveals one of the most important apparatuses of
Israeli occupation:
“Separate – Unequal
- Legal Systems for Jews and Palestinians living in the same territory or in
short apartheid”.
The stated police responsibility “to
deal with public order’s disruptions by both Jews and Arabs,”
does not entitle the police to treat public order disruptions by Arabs and Jews
equally. This lack of police commitment to equality before the
law is, however, not an internal police issue, but is endemic in the Israeli
legal system in the Occupied Territories.
Law Vs Order This is the deal: Police do as much as they can to prevent cases from reaching
Police Prosecuting Unit (Tviot SHAI) or the District Attorney. They
investigate as little as they can. In cases of murder where evidence are so bold (that it cannot be
disregarded) the file is transferred to the DA, but still lacks part or a
portion of the important evidence. This way, despite the transferring of
the file to the DA, the DA can close it for lack or insufficient evidence. Police lame work enables the court to find the aggressor not
guilty, or guilty of only minor charges. Adding to that, there is the
prosecutor, who is assigned by the state. Long time consuming, hard working and efforts are lost because
of that, not forgetting the judicial system delays that could extend up to
years.

(Map from http://www.police.gov.il/)
“
Despite the fact that Israel
remains obligated under international law to protect the lives (as well as the
persons and property) of all Palestinians under its control,[4]
its legal system in the Occupied Territories fails to do so. In 1995, responsibility for providing
law and order in the West Bank and Gaza was divided between Israel and the
Palestinian Authority (PA). The Occupied Territories were divided up into areas
A, B and C, with Israel having total security responsibility over area C, as
well as overall security responsibility for the protection of Israeli citizens
and confronting the threat of terrorism in area B, and the PA having security
responsibility over area A. [5]
Palestinians committing crimes
in areas A and B generally fall under the PA’s criminal jurisdiction; they
are investigated by the Palestinian police and summoned before Palestinian
courts.[6]
However, Palestinians committing crimes in area C, as well as all Israeli
citizens committing crimes anywhere in the Occupied Territories, come under
Israeli criminal jurisdiction.[7]
Article XI, paragraph 4(d) of the Israeli-Palestinian Interim Agreement
mandates that “Israelis shall under no circumstances be apprehended or
placed in custody or prison by Palestinian authorities.” As most of the
Palestinian attacks against settlers occurs in area C, both Palestinians who
assault Israelis and Israelis who assault Palestinians are generally summoned
before Israeli courts. However, Palestinians are called into military courts
under military orders,[8]
while Israeli settlers are tried under Israeli civilian penal law in regular
and civil criminal courts. Civilian criminal courts come under the jurisdiction
of the Ministry of Justice, while military courts come under the Ministry of
Defense.
The resulting reality is that
two legal systems operate side-by-side in the Occupied Territories – one
for Palestinians and one for Israelis.[9]
The existence of these two different (and unequal) legal systems
institutionalizes – and also obscures –discrimination in the
treatment of Palestinians and Israelis in the criminal justice system. Israelis and Palestinians accused of
identical offenses are tried according to different laws. Moreover, the
existing law is often applied in a discriminatory manner. [10]
As Israeli criminal defendants
are tried in Israel, under the Israeli Penal Code, they are granted the full
panoply of rights guaranteed by Israeli civilian law These rights are absent
from the military justice system applied to Palestinians residing in the same
territory. Disparities and inequities
exist at every stage of the criminal justice process.[11]
The period of detention of a suspect before being brought before a court, the
right to meet with an attorney, the defenses available to a defendant, the
maximum sentence set by law, and release on parole before serving a full
sentence – all of these differ in the two systems of law, with the
Israeli civilian system granting more extensive and wider rights”12.
The
third objective was and still is to
provide a legal follow-up to serious cases brought to the attention of the
Hotline:
Although
it had been initially planned to refer cases to organizations specialized in
providing legal services, the PHRMG has established a proper Legal Unit, and
hired two lawyers to pursue the cases. The Legal Unit has become an integral
part of the Settlers Watch Hotline.
In parallel, the PHRMG is working with lawyers from the Society of
St. Yves, to which the PHRMG has forwarded 4 cases involving land
confiscation, property destruction, and theft and poisoning of cattle and
sheep.
The fourth objective was to contact all of
the other organizations currently working on issues related to settler violence
to avoid duplication of efforts and to increase progress towards cooperation:
The organizations that have
expressed their interest in this project and have cooperated with during the
project cycle are:
·
The Society
of St Yves (Palestinian-International organization) is providing legal
assistance, particularly in cases of land confiscation;
·
Bat
Shalom (Israeli Organization) to provide
Israeli volunteers to accompany Palestinian victims of settler violence to
Israeli police stations located inside settlements, if necessary;
·
The Alternative
Information Center (Palestinian-Israeli Organization) to share information
and outreach activities, and to have their fieldworkers in Bethlehem and Hebron
refer appropriate cases to the Hotline for follow-up;
·
The Christian
Peacemaker Team (CPT) (International organization) to publicize the
existence of the Hotline in Hebron and to refer cases of settler violence to
the PHRMG.
·
Peace
Now (Israeli organization) to receive
information on settlement expansion, and on incidents of settler violence where
Israeli soldiers are involved (Peace Now is mainly a political
organization);
·
The Jerusalem
Center For Human Rights (JCHR) set up “Know-your-Rights”
seminars with the PHRMG, moderated by both PHRMG and JCHR personnel, aimed to
raise consciousness of the Palestinian community about their rights and the
problem of settler violence;
·
Save
the Children (International organization) which
was concerned about the specific needs of child victims of settler violence,
and worked with the PHRMG on special “Know-your-Rights” seminars
targeting children.
2. Findings
and Outcomes:
--------------------------------------------------------------------------------------------------------
The
PHRMG has evaluated the success of the project on the basis of five relevant
indicators: (a) statistics showing numbers of attacks; (b) analysis of the Israeli authorities’ responses to
the attacks; (c) the degree and will of Palestinian victims to utilize the
existing complaints mechanisms and their ability to continue its utilization;
(d) responses and cooperation with other NGOs interested in the subject; (e)
general public’s awareness about settler violence which indicates
people’s understanding of their rights.
The
following results were acquired:
(a)
Attack Statistics and Number of Occurrences:
Statistics on our database indicate a fluctuation
in the number of incidents of settler attacks since the existence
of the Settlers Watch Hotline. This trend potentially indicates the
effect of the current situation without forgetting the past 3 years. Furthermore the “Road Map”
and wall’s effect is starting to be evident on the ground.

The
following statistics show the number of complaints and incidents (1st
indicator):
Number of Complains and Incidents
reported to PHRMG by year Year
2001 Year
2002 Year
2003 106 124 106 Stratified
by Status Stratified by Status Stratified by Status Police Court Open Closed Police Court Open Closed Police Court Open Closed 92 14 4 102 124 101 16 108 86 20 33 72 Year
2004 32 3 Years Overall sum is Stratified
by Status 368 Police Court Open Closed Stratified
by Status 27 5 25 7 Police Court Open Closed 306 62 78 289






Settler violence and attacks occurred in many forms and
different ways including Murder (killing in cold blood),
kidnapping and property destruction; in other words it
has affected many different aspects of Palestinian life. The following
statistical table gives an indication on the severity and seriousness of the
issue:
Types of Violence against Palestinian civilians by Israeli
civilians
1.
Shootings
and killings
2.
Beatings
3.
Destruction
and Theft of Property
4.
Intimidation
and Terror
5.
Abuse and insult, including graffiti

6.
Kidnapping
Stratified
from the total reported to hotline Legal Unit * Type of Assault Number % of total 1. Shootings and killings (Murder) 25 6.8% 2. Beatings (Civilians) 76 20.7% 3. Destruction and Theft of Property 129 35.1% 4. Intimidation and Terror 83 22.6% 5. Abuse and insult, including graffiti 54 14.7% 6. Kidnapping 1 0.3%
*Stratification by reported type of Settlers attack
Special
periods of Violence (indicated on the chart):
It is
to be noted that settler rage and violence explodes in the faces of civilians
at particular times and peaks during major events of incursion, bombing and
assassinations. During these
periods the settlers can do what ever they like without any or any adequate
interference from the Israeli armed forces or the police,). The above
charts indicate that the following events had particular impact.:
A. The period between July and August 2001 was especially
violent. On the Israeli side there were several attacks. The suicide bombing at
the Sbarro pizzeria in the center of Jerusalem on August 9, 2001 was the most
outstanding. It is worth mentioning that in June 1st, 2001, there
was a suicide bombing in a Tel Aviv disco were 21 people were killed, amongst
them several teenagers. This bombing was perceived by Israelis as one of the
worst events in the conflict.
On
the Palestinian side there were several attacks by the Israeli Security Forces,
where 72 people were killed. The number of assassinations was exceptionally
high (13). Also on the Palestinian
side, the number of fatalities in this period was extremely high (176 people
killed by the Israeli Security Forces.) This number includes 16 assassinations.
The assassination of Salah Shehadeh, a Hamas leader, occurred on July 22, 2001,
was the most remarkable. He was killed with other 13 people including nine
children by an F-16 Israeli warplane which dropped a one-ton bomb.
B. In February 2002, a number of incursions into the occupied
territories by the Israeli Army took place, particularly in Gaza, Nablus,
Hebron, Tulkarem, and Jenin, leaving 75 Palestinian fatalities. 13
C. Between June and August 2002, on the Israeli side the
number of bombing attacks was extremely high, probably the most intense since
the beginning of the Intifada. 13
D. Between December 2002 and January 2003, several incursions
broke out in the Northern part of Gaza Strip and Jenin areas. Assassinations
led to deterioration in the situation in these areas.13
E. Between September 2003 and October 2003, several new
incursions occurred, two suicide bombing attacks dated 9/9/2003, as well as an
attack on Khader Badawi at Al-Braje Camp in Gaza Strip. This was carried out by
4 Israeli missiles launched over his car. Moreover the F16 attack on Hamas leader
Mohammed Al-Zaher’s house took also place. 13
Two
other suicide bombing attacks dated 4/10/2003 and 9/10/2003 towards Israeli
targets, a penetration of Tulkarem on 1/10/2003, an incursion of Rafah/Gaza on
16/10/2003 as well as five air strikes against Nuseirat Refugee Camp in Gaza
Strip were registered
In sum, the above mentioned period, despite the fact that
there was no massive operation by the Israeli Security Forces such as the so
called “Defensive Shield”, show a high magnitude of violence, probably
constituting one of the peaks in the Israel-Palestinian conflict.
(b)
Analysis of the Israeli Authority Responses:
The PHRMG found the initial attitude of the Israeli
law enforcement authorities towards the Settlers Watch
Hotline to be quite positive in terms of communication but its responses
fluctuated considerably. As a consequence, the PHRMG has established effective
channels of communication with the Israeli army, the office of the
Attorney-General and both the West Bank and the Jerusalem District police.
The response of the Israeli authorities to settler attacks
can be measured through the time elapsed between the attack – or
PHRMG’s inquiry – and the actual response by the authorities.
Lately, the PHRMG, however, has not been pleased to notice
that Israeli law enforcement agencies have not been as willing as in the past
to cooperate with our organization in cases of settler attacks. The PHRMG is
also concerned about the attitudes of Israeli judges who rule on incidents of
settler violence. So far, no
complaint reported to the Hotline has reached this state of litigation.
From following up with the project the estimated time
within which the Israeli Authorities respond to an inquiry from our Legal Unit
is between 2 weeks to 3 months depending on the circumstances of
the case and the situation in the relevant area. In some cases it has taken
more than a year to get an effective response – that is after reopening
the closed case or sending a letter to the General Attorney.
(c)
The will of Palestinian victims to utilize the existing
complaint:
This was measured by comparing the number of complaints
recorded by the Hotline with the number of criminal complaints actually filed,
reopened or dropped; this measured the extent and will of the victims to pursue
the complaint.
The following was noticed:

|
|
Year 2001 |
|
|
|
Dropped |
Reopened |
|
|
16 |
4 |
|
|
Year 2002 |
|
|
|
Dropped |
Reopened |
|
|
10 |
3 |
|
|
Year 2003 |
|
|
|
Dropped |
Reopened |
|
|
6 |
1 |
|
|
Year 2004 |
|
|
|
Dropped |
Reopened |
|
|
0 |
0 |
While the PHRMG has experienced difficulties in convincing
Palestinians to file complaints, the PHRMG is confident that increased
public education activities and utilization of the media would
overcome most of these difficulties.
The PHRMG has learned to expect a steady stream of
complaints but the number of calls has recently (after 2 years of
implementation) dramatically decreased indicating a need for a further
publicity campaign to encourage scared and afraid citizens. The PHRMG has
understood the importance of outreach projects. For future development and
enhancement of the project a larger allocation of the upcoming regeneration
budget (if approved by funders) will be allocated to the outreach
and human rights education components of the project.
(d)
Cooperation and Response of interested NGOs:
On a broader scale, the project has been successful in
terms of engaging the cooperation of local NGOs (the fourth objective of
the Hotline project) and NGOs have encouraged PHRMG to continue with the
project.
(e)
General Public awareness of settlers violence:
The Hotline (at the period of its first implementation) did
increase awareness of the problem of settler violence among the general
public, but PHRMG has recognized a need for a further wider
continuous publicity of the project and its legal unit work.
PHRMG strategies have developed
considerably over the course of this project. Now PHRMG has clear expectations
(helping in modifying and establishing new interactive procedures for future
courses of action) to repeat and further continue the project without changing
the strategies used so far. However we are open to modifying them accordingly “as they have
been more successful than expected”.
III. Case Studies: 14
The following example cases were reported to
the Hotline Legal Unit. It illustrates what happens on the ground. Example
cases are taken from the Legal Unit testimonies of the victims:
A Murder Case: 14
Settlers killed a Palestinian student in
cold blood
The
Victim: (Martyr,) Mohammed Au Abdel-Razek Shalash, 18 years old from the
village of Shakba near Ramallah.
Shakba is a village 32 kilometers from Ramallah, surrounded
by 5 Jewish settlements; Ofra, Beit-Arieh and Halmish. Young people from the
village go to the town of ‘Aboud, located 3 - 5 kilometers away, to their
high school education. A bus or a van provides the transportation, but
sometimes they come back home by foot.
Hajj Hamed, the martyr’s father, 43 years old, told
the PHRMG: “On 17.12.2000 I was waiting until the afternoon for my son
Mohammed to come back home from school. But he didn’t, so I went to
‘Aboud village to search for him. People told me that some Israeli
settlers shot a boy in the nearby field. Then I discovered that the boy was my
son Mohammed.”
The martyr’s classmates told his father that they
were waiting for a taxi to come back home, when some settlers stopped their car
and came towards them. The boys ran away towards ‘Aboud village, but
Mohammed ran in the opposite direction, towards the fields. Two of the settlers
followed him and fired in the air, so Mohammed had to stop. Then they
approached him and shot him in his forehead from a very close range, 3-5 meters
only. The two settlers stood there for a long time, near the martyr’s
body, enjoying the result of their crime. Eyewitnesses also confirmed that the
settlers stood there, after they shot Mohammed, without offering any help to
him until he passed away. After three hours, the Israeli army arrived with an
ambulance that carried the body to Beit-Eil settlement, and later to Abu-Kabir
forensic institute in Jaffa for the autopsy.
Mohammed’s father continued:
“It seemed the settler who killed my son wanted to take revenge because
his car was stoned a week before. Anyhow, the Israeli police apprehended 3
settlers for one night, and released them the following day, as it was
mentioned in the investigation that there were some stones near the body of the
martyr! Moreover, my brother (Mohammed’s uncle) told me that an Israeli
officer in Abu-Kabir advised him to take the settlers to court since Mohammed
was killed unjustly from a very close range”

Escapes death by miracle: 14
Four young Jewish men savagely beat up a
young Palestinian in the
settlement of Nave-Yakov.
* The young man, Mohammed Abu el-Walaya 19, from Bab Hutta
neighborhood
in East Jerusalem was beaten up savagely during an attack
carried out by young
Jewish men that could have cost him his life.
The Israeli weekly newspaper (Kol-Hazman) yesterday
mentioned that Mohammed,
who works for an Israeli store (called Kaf-Of) in
Nave-Yakov, left his work on
Tuesday 12/2/02 to go to the bank, located in the same
area, to withdraw some money.
He said:
“I left to go to the back when four young Jewish men with their dog
approached
me and told me to stop. I ignored them and kept on walking.
Suddenly a big rock hit
me in the back of my head, and I fell on the ground.”
The newspaper added that the four Jewish men beat him up
brutally all over his body.
Mohammed said:
“There was a woman standing nearby and a soldier
who saw
everything, but didn’t do anything.”
Kol-Hazman added that a Palestinian gas distributor passed
by chance and saw
Mohammed and took him to al-Ram checkpoint, where the
soldiers called an ambulance
to take him to
Sha’ari-Sedek Hospital. Mohammed received medical treatment for the
cuts and bruises he had sustained in his head and face. Doctors
said he needed one week rest.
After Mohammed left the hospital (the same day) he went to
the Israeli police and filed a
complaint there.
(Settlers in
Attack and
Property damage case: 14

Testimony
by: Hissen Mohammed
Karajeh
62 years old female – married
with 9
kids; location: Halhol – Hebron
Hissen said that on 29/06/2002 at approximately 12:00 pm a
settler from
Karmi Tssor Settlement broke into her crop field which is
located near
the settlement and started damaging the grape trees and
crops.
When she tried to stop him, the settler held a big stone
(almost ½ Kg)
and hit her in the head above her left eye and in the
forehead. The wounds
left her in a coma and with a 3 cm long and ½ cm
deep injury to the face.
She added that there was an Israeli Army soldier nearby
that rushed towards
her, giving first medical aid until Palestinian Red Cross
ambulance arrived
and took her to the Alia Medical Hospital at Hebron City
where she received
medical attention at the intensive care unit for 2 days.
She continued “the settler who attacked me is in his mid-thirties and was
wearing medical glasses. He has no beard and he was riding a white Subaru
car that holds a plate # 8970288. Afterwards he escaped towards the Settlement of Karmi Tssor.”
Since the attack Hissen has been suffering from very
painful headaches. This criminal, aggressive and non-explained attack caused
physical harm to a harmless old lady, not forgetting the
damages caused to her crop field.
Land Damage
Case: 14

Jamal Mousa AI-Rabaei
25, married with 3 children
A farmer from Yatta, Hebron
9/10/2001
Israeli settlers attacked and burnt wheat and barely
fields belonging to Jamal Mousa al-Rabaei. Jamal and
four other farmers tried to protect their lands but the
Israeli police that came, changed the case, and the
Palestinian farmers
became the aggressors.
-
I asked
Najah to call the lawyer.
-
She did
it on 11/10/2001, and we received by fax
-
copies
of papers on the case (in Hebrew).
Settlers burning greenhouses. Photo by: Reuters
Settlers are allowed to
riot freely in the old market. Photo by: Hussam Abu’Alan
Property
Damage: 14

Mohammed
Suleiman
Murshed
al-Qasrawi
41
years old
Married
with 7 children
Old City Hebron
On 3/5/2002 at about 9:00 a.m. when Mohammed went
to his store in the old market, after the Israeli army had
lifted the curfew in the area, he found his shop, which is
located very close to Abraham Avino sealed compound,
empty. Some of the settlers had destroyed the wall and
taken all the goods from the shop. It was full of clothes.
Mohammed is sure the Jewish settlers were behind the
damage and robbery.
Mohammed
added that he was shocked to discover the
inside. He holds the Israeli soldiers who
were present in the street all the time responsible for what happened to his
store. But he said he know that the army and police provide protection for the
settlers and their actions.
When he
informed the Israeli police, they came and saw the damage in the shop; they
were not moved, and promised to investigate the matter. Nothing has been done
so far.
JEWISH SETTLERS THROW
STONES AND SHOOT AT PALESTINIAN HOMES IN THE Palestinian homes in the
West Bank city of dead a Palestinian girl
while attacking homes in the West Bank city of funeral of an Israeli soldier killed
in a roadside ambuss, Palestinian witnesses said. REUTERS/Gil Cohen Magen
RKR/AA MIDEAST MAGEN.
Shop Property
Damage: 14

Saleem
Talab Abu-Eisheh
55
years old
Old
City, Hebron
Saleem said he has been working in his father’s shop
in the old market of Hebron for 40 years. Their shop was
never robbed during this time. However, during a curfew
imposed by Israeli army on the area, their shop was
damaged and robbed. The shop was closed, due to the
military curfew since 01.03.2002.
On 03.05.2002 Jewish settlers destroyed a wall in the
store, went inside and took away all the electrical
equipment. The value of the stolen property was
around 30,000 US$.
He called the Israeli police that came and saw everything.
He went with them to the police station and filed a complaint. However the
victim was seriously doubtful the Israeli police would really investigate the
matter.
Jewish settlers hurl
stones at a Palestinian building outside the Kiryat Arba settlement in the
West Bank city of
Attack and
Property

damage case: 14
Testimony
by: Eazaldeen Rabah Alsharabati
50 years old – married with 8 kids
Location: Kantarat Alhammam – Hebron
AbuTayseer (Eazaldeen Rabah Alsharabati) said that on
01/08/2002 at approximately 4:00 pm, settlers broke into
his house for the second time, after they smashed
everything
the first time. This time they robbed the house and again
smashed what had been left in it (they took the receiver,
VCR, expensive glassware and antiques), after broking
down windows overlooking Ibraham Abeino Settlement.
He added that “we can not stay in the house even for
a
minute that off we are threatened all the time to be killed
on
the hands of settlers at any moment. They
break doors and windows without any reason
and start
shooting all over. They can do what ever they
want inside the
house (smash, break rob and steal what they
lay hand on).
They do not also give a slight thought about
law or police or
even local residents; because their
government gave them
the green light to do such actions, more
likely they organize
what they do with the collaboration of the
army and law forces.
Israeli Jewish Settlers
attack a Palestinian (4L) in the West Bank city of

Abu-Tayseer said that the Israeli police have not even
charged any suspect from Ibraham Abeino Settlement, even though some of the
stolen items were falling on the road between the house and the nearby Abeino
Settlement.
He added that a complaint of theft had been filed at the
Israeli police station indicating this is the second attack on the house, but
nothing has been done so far and no protection had been offered to him and his
family.
The Latest
Success Case at PHRMG: 14
Three Jewish settlers
attack a Palestinian man in front of an Israeli soldier during clashes in
the West Bank city of

Mr. Ra’ed
Saba Al-Mbayied was assaulted by the Military
Guards who stole 664
by the police and an appeal was
submitted by the PHRMG Legal
Unit to the court which ordered
compensation of 1000
confession of responsibility. The
case was closely followed up by our
lawyers and, without their
continuous work, it would have stayed closed.
IV. Project
Impact:
--------------------------------------------------------------------------------------------------------
Compared
with other ongoing PHRMG activities, the Settlers Watch Hotline project
has taken considerable budgetary and staff resources. If the popularity of the project
remains at the current level, and the PHRMG is able to find resources for the
coming year, this project clearly will become one of the PHRMG’s core
activities. Our four field researchers have already dedicated a greater
percentage of their time to the research of settler violence issues than any
other human rights issue.
As
discussed above the impact of the project on the ground is highly noticeable
due to the previously discussed results of cases and statistics. In addition it
is important to mention the following as examples of the impact that the
projects has had:
1.
Settlers
will have a significant level of knowledge that there is some one who is
watching their activities and violence, and they will face the legal
consequences of committing violent acts.
2.
The PHRMG
work on settler violence has drawn the issue to the attention of the
international community which has started (in turn) to place its own pressure
on the Israeli Government.
3.
There
are many reasons for the decrease in the number of attacks committed by
settlers. One of them is investigation by police and pursuing complaints in the
high court.
4.
Many of
the closed cases, on which the police had made a decision, have been appealed
and reopened by the PHRMG Legal Unit. This represents an accomplishment on the
ground and makes it clear that settler attacks are human rights violations that
cannot be tolerated under international law.
5.
As well
as the obvious success of obtaining compensation for one client, PHRMG has
documented hundreds of complaints, violent attacks and other cases. This
provides material upon which further research can be conducted.
6.
PHRMG
pressured the Israeli police force to investigate serious settler violence and
not ignore incidents. The PHRMG understands that there is now a police body
that follows up with its work.
7.
The
Legal Unit has succeeded in following up and re-opening murder cases that had
been closed because of lack of evidence.
8.
Encouragement
of eye witnesses to testify in filed cases and before the court. An excellent
example is the NASASSRAH case from Beit-Foreek – Nablus.
V. Supervision
and Evaluation of the Project:
--------------------------------------------------------------------------------------------------------
(a)
Supervision: Supervision of
this project is carried out by Executive Director Bassem Eid.
(b)
Review: The progress
of the project is reviewed through weekly staff meetings. The entire PHRMG
staff participates in reviewing the progress of the project and making
adjustment to the project activities.
Most decisions are made by consensus generated at meetings.
(c)
Evaluation: The challenges and achievements of the project are
evaluated by the entire staff. The
Executive Director makes reports to the Board of Directors.
It is the
privilege of the PHRMG to be the only Palestinian organization documenting and
following up violent attacks by settlers on the ground, not forgetting the
Legal Unit work in following up cases at different levels.
It is
worth also mentioning that in the previous project’s implementation
(throughout the 2003 and the beginning of 2004) a noticeable decrease in the
number of complaints to the PHRMG has been reported. It may be due to:
All
these elements have had the effect that the Israeli community has started
criticizing settlers’ attacks, giving the community the strength to raise
its voice calling Israeli decision makers and politicians to take measures
(even if not sufficient) to satisfy the general right of equality.
The
challenge, faced by the PHRMG, to put an end to the settlers’ violent
attacks as well as the capture and prosecution before the High Court of the
attackers has not yet been achieved. In order to accomplish this goal, the
PHRMG has to:
VI. Obstacles found:
1.
The
denial of certain Palestinian media to publicize the Hotline was a major
obstacle at the beginning. It mainly happened because of the tense political
situation at the time.
2.
The
victims’ fear of the settlers’ revenge where a complaint is
submitted to the police station and an attacker is identified. It has been recorded
that in the city of Hebron there has been threats from settlers living in
nearby settlements to kill or take revenge if the victim continues in filling
or following up a complaint.
3.
Another
obstacle (at the beginning) included the initial unwillingness of Palestinian
victims of settler violence to file criminal complaints. However, the PHRMG was
often able to overcome the victims’ initial reluctance and convince them
to file complaints. We expect this trend to continue, especially if we can
publicize successful cases where complaints were filed and suspects were
arrested and charged.
4.
The
carelessness of the Israeli police force members towards the victims leaving
them waiting for several hours under extreme weather conditions to file their
complaint.
5.
On a
practical level to some extent, the project has suffered from the internal
siege imposed by Israel on the Palestinian territories. Victims of settler
violence often find it difficult, hazardous or even impossible to travel to
Israeli police stations to file complaints.
The PHRMG staff and fieldworkers also
experienced significant difficulties in visiting victims of settler violence
obtaining their testimonies.
6.
Investigators
record complaints in Hebrew. As a result some important details or descriptions
are lost as the majority of the victims do not understand the Hebrew language.
7.
It has
been noted that there were sometimes differences in the testimonies given to
the police and those given to the field workers. This leaves it difficult for
the Legal Unit to follow up such cases.
8.
At the
police station when identifying attackers (deliberately) old photographs of
suspects are shown to the victim who therefore finds it hard to identify
attackers.
9.
The
PHRMG has achieved some success in coordinating the activities of
the Hotline with other Palestinian human rights organizations, but due to the general
reluctance of Palestinian organizations to work together, some
obstacles have been faced. Often our attempts to reach such organizations have
been to an extent ignored.
VII.
Regeneration and Continuity of the Project and it’s Goals
--------------------------------------------------------------------------------------------------------
(1)
New
Advertisement Campaign: The PHRMG plans to launch a new advertisement
campaign focused more specifically on educating Palestinians about their rights
and how to respond in case of settler attacks. A second wave of publicity is to be
carried out at the beginning of 2004 with the goal of reminding Palestinian citizens
of there rights and informing them of the existence of a unit ready and able to
represent them.
(2)
Outreach
Activities: The PHRMG plans to devote more resources
to maintaining and increasing the effectiveness of its publicity and
educational outreach activities. The PHRMG has identified Hebron and Nablus as
settler violence hotspots. Accordingly, the PHRMG’s educational outreach
activities will start in these places.
(3)
“Know-your-Rights”
Handbook: The PHRMG plans to develop a
“Know-your-Rights” handbook which will be used as a basis for
educational seminars for the Palestinian population which will be carried out
during the second half of the project (the last 6 months of implementation).
(4)
Legal
Follow-up: The PHRMG plans to devote more resources
to legal follow-up on cases reported to the Hotline. Currently, the PHRMG employs one lawyer
to juggle 121 legal cases, each of which will require more intensive work once
they go to trial.
(5)
Follow-up
with Israeli Authorities: The PHRMG plans to continue to work with
Israeli authorities, including the Israeli law enforcement agencies (army,
police and Attorney General) in order to exert pressure to follow-up on cases,
to generate clear protocols for the conduct of law enforcement officials who
come into contact with Palestinians reporting violations, and to increase the
accessibility of these officials to the Palestinian public.
(6)
Cooperation
with Human Rights NGOs: The PHRMG plans to continue its outreach
to other Palestinian human rights organizations.
VIII. View on Accomplishments
(1st November 2003 to 30th
April 2004)
The
following project activities had been carried out:
1. Workshop for Settlers Watch Hotline at Hebron City dated
03/03/2004
The Palestinian
Human Rights Monitoring Group (PHRMG) conducted a workshop in the city of
Hebron dated 3rd March 2004 as an extension of the Settlers Watch
Hotline.
The
workshop was conducted by the PHRMG director Mr. Bassem Eid accompanied by the
legal unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr.
Rustom Khalailah.
Located
at the City Trade Hall, people who have legal cases represented by PHRMG legal
unit along with members of the public (youth, elderly, women) whom had been
affected and assaulted by settlers assembled. The workshop started by an
introductory word from the City Trade Hall head manager explaining the
suffering of Hebron area residents owing to the siege established by the army
forces as a security necessity, as well as continuous attacks on Hebron
residents, local properties, shops and groceries by settlers.
Workshop
conducted at Hebron City Hall Workshop was
conducted by the (PHRMG) director Mr. Bassem Eid accompanied by the legal
unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr.
Rustom Khalailah, Picture taken by PHRMG staff. 03/03/2004

Mr. Eid
presented the Settlers Watch Hotline project explaining stages of project development,
successes made through the period of implementation, difficulties that have
been faced, especially at the beginning when the police department ignored
letters of inquiry regarding cases of attacks. These have been solved through
an appeal to the high court passed against Israeli police departments and it
was only at that time that police force started answering complaints, although
still with some delays.
In
addition Mr. Eid talked about the difficulties faced in persuading the Israeli
police force to apprehend suspects. In addition the problem of the police
closing a large number of cases under investigation claiming “lack of
evidence” or “unrecognized attacker” this cannot be resolved
unless enough pressure on the political level is exerted –
“It is a political issue that concerns the Israeli
Government towards the settlers”
Mr. Eid said and continued --
“The coalition of the Israeli Government with parties
supporting settlers and settlements is the cause of all the problems”.
Also he
gave an explanation and a view of the Palestinians rights under the current
Israeli occupation and under the National and International Legislation of
Human Rights Law with accordance to Fourth Geneva Agreement, and encouraged
residents not to hesitate in filing complaint at the police department.
Mr. Eid
indicated that some affected locals when submitting a complaint at the police
gave different statements and some times illogical testimonies to those given
to the PHRMG field worker, a matter which weakens the Legal Unit in front of
the police.
Questions
and consultancy was opened later to the public where Mr. Eid and the Legal Unit
lawyer Mr. Abu-Alkheer accompanied by the field researcher Mr. Rustom Khalailah
answered general inquires. A local citizen complained about local authorities
(Palestinian Authority, local city government and some Human Rights NGOs)
disregarding their complaints and not following up with their cases, especially
abuse and harassment by the Israeli Army. Local citizens were looking up to
the PHRMG to cover more of the events and attacks by the Israeli Army Forces
especially in neighborhoods with high population density. PHRMG promised to
make more effort in this area.
Throughout
this workshop many of Hebron’s citizens complained about the Israeli Army
Forces assaults and said that there was no organization following up these
complaints. A decision made by the legal unit to bring Mr. Shlomo Lecker (an
Israeli Advocate Lawyer) to assess these complaints against the Army and to
examine the possibility of submitting a law case at the high court.
It was
noticed that the Norwegian press was covering the workshop with an interest in
the PHRMG work on Settlers Watch Hotline.
PHRMG
also noticed the locals’ deteriorating living conditions and the need of
the Hebron citizens to be helped in any way possible.
2. Workshop for Settlers Watch Hotline at Hebron City dated
11/03/2004
The
Palestinian Human Right Monitoring Group (PHRMG) conducted a second workshop in
the City of Hebron at the house of Mr. Edrees Zahiedah in Al-Shohadaa
neighborhood.
Picture from:
http://www.btselem.org/

This neighborhood is located near settlements and is under
siege and separated from other
Hebron neighborhoods. We witnessed with our own eyes how
this area has been isolated
by Israeli Army Forces. Roads are blocked with concrete so
no vehicles can pass through
and PHRMG had to walk through the blocked roads in order to
reach our destination
inside the old town of Al-Shohadaa neighborhood.
The PHRMG listened to the residents’ complaints and
took a close look at their problems
and severe circumstances as well as the daily suffering and
harassments settlers inflict on
the residents of this town. We found that the army itself
sometimes assists settlers and
protects them
by hiding them from the police.
Workshop conducted at

It is extremely difficult for residents to travel inside the
neighborhood and to the rest of the city because the whole neighborhood is
surrounded by fences, wire and concrete. This situation has an impact on all
aspects of daily life, politically, economically and socially, and on health
concerns: residents tend to carry their sick several miles to get to the
nearest medical center because ambulances are not allowed to cross the fence.
Economically speaking the neighborhood is suffering from
the siege: shops are closed most of the time and there is no available work
because of the surrounding fence. This has had the effect of crippling the
lives of the inhabitants. It is also important to mention the residents’
concerns that they do not have any support (material and immaterial) from the
Palestinian Authority or the City Hall: the City Hall president has never
visited them to take a close look at their critical situation. After hearing
the detailed complaints of the residents at Al-Shohadaa neighborhood the PHRMG
saw that it is of high priority to assess this neighborhood and started taking
detailed testimonies about the current situation in order for the PHRMG to
reach the Israeli High Court as Israel is the occupying state and according to
the international Law it is obligated to guarantee the safety and living of the
people under occupation.
3.
Workshop for Settlers Watch Hotline at Hebron City dated Thursday 18/03/2004
At
approximately 10:00 am in the morning a large number of settler attack victims from
the residents of Hebron city attended the workshop held at the City Trading
Hall in Hebron (more that 140 persons), the workshop was attended by Mr. Bassem
Eid from the Palestinian Human Right Monitoring Group (PHRMG) accompanied by
Dr. Mohammed Fahhad Alshalaldeh (lecturer at Al-Quds University -- a Doctor in
International Law) with the presence of Mr. Monther Da’ana (Lawyer from
Hebron City) and the Lawyer Roustom Khalileh (field researcher on the southern
area of Palestine).
Workshop
conducted at Hebron City Hall Workshop was
conducted by the (PHRMG) director Mr. Bassem Eid accompanied by the legal
unit lawyer Mr. Abu-Alkheer Abu-Jabal and the field worker lawyer Mr.
Rustom Khalailah, Picture taken by PHRMG staff. 18/03/2004

The
workshop was opened by a speech from Mr. Hashem Sadeq Alnatsheh (the president
of the City Trading Hall) where he welcomed the attendees and spoke in general
of the harsh and critical conditions and suffering of Hebron area residents,
and also the harm the settlers do and how citizens suffer especially the
residents of the old city of Hebron.
This
was followed by Mr. Bassem Eid’s explanation of the goals of PHRMG Settlers
Watch Hotline Project, monitoring settler attacks was discussed and the work of
the Legal Unit. Questions from
attended victims were answered. PHRMG explained its status at the court
and the laziness of the Israeli police in fighting crimes committed by
settlers.
Mr. Eid
also spook of the legal dilemma for the PHRMG, since the PHRMG is not a law
executive body and does not have power to be under the Israeli Law and can not
prevent or hold settlers at their homes. All that can be offered is to track them
and deliver them to law through the complicated procedures of the Israeli Law
only.
It has
been explained that the main goal of the project is to stress the right to live
in dignity, reside, pass and work for those how are living near the settlements.
Dr.
Mohammad Shalaldeh then explained the international law view of settlements and
settlers and indicated that these attacks are a war crime that disregard the
Oslo Agreement. At that moment a person from the audience interrupted him and
accused the Palestinian Authority (PA) signed on losing the Old City of Hebron
with the Hebron Agreement in the year 1996, and accused the Hebron authority
personnel responsible of not visiting the old city and not cooperating and
supporting this part of Hebron.
Dr. Shalaldeh
answered that there is an obvious failure in these regards and it is necessary
to address who is responsible and ask for more support. He indicated that the
recommendations of this workshop should be sent to them, stressing the needs of
Hebron city residents.
The
discussion continued on the possible and available ways for the Palestinian
people to strive against settlements and settler actions at the international
level through submitting complaints to the international security counsel and
Lahai court in the hope of changing or even contributing to some change in the
international consensus, and in the hope of indicting those responsible as war
criminals. This issue attracted the audience’s attention and resulted in
deep discussion of some specific points.
Dr.
Mohammed continued explaining the cause from the international law point of
view and left time for the lawyer Mr. Monther Da’ana from Hebron City to
talk about how to lawfully defend against attacks (how to self defend, property
defend). He criticized the Israeli police forces for not taking complaints
seriously, for handling complaints in an inhumane way (e.g. by forcing
complainants to wait for long periods in the sun) and for merely advising
complainants to leave the area and live elsewhere as the only solution to there
problems.
Mr.
Monther also explained Israeli court procedure and the discriminatory nature of
Israeli law. Further he commented that this is the current situation and we
have to work within it in the hope that that situation changes and the Israeli
state implements international law.
A
dialogue occurred with the lawyer and some residents whom had been attacked by
settlers, some of the cases had been discussed in public and agreed to be
followed up by the PHRMG.
The
overall discussion concentrated on the failure of the City Hall and the Trade
Hall of Hebron city not forgetting the Representative Offices to the PA
Legislative Counsel who have failed to even look at the needs of the old town
of Hebron City. Those who participated indicated that the City Hall can help in
many ways, the simplest being to reduce taxes or water and electricity bills as
a means of assisting those affected (this is the least the city representatives
can do).
At the
end Mr. Rustom talked to the crowd and encouraged them to have a dialogue and
to take advantage of the possible available means for help. He also took notes
on the needs of some individuals
4. A
TV onscreen dialogue conversation on Settlers Watch Hotline at Hebron City
(Broadcasted by Al-Nawras local broadcasting TV)
It is
to be noted that this workshop has been recorded for TV broadcasting by
Al-Nawras TV station at Hebron City.
Broadcasted by
Al-Nawras local broadcasting TV, Workshop
conducted at Hebron City Hall Workshop was conducted
by the (PHRMG) director Mr. Bassem Eid, Picture taken by PHRMG staff.
18/03/2004

5. A
second live televised workshop on Settlers Watch Hotline at Hebron City
(Broadcasted by Al-Nawras local broadcasting TV)
The workshop was recorded at
Al-Nawras Broadcasting Station and was attended by Mr. Rustom Khalileh (PHRMG
field work lawyer) and Dr. Mohammed Fahhad Al-Shalaldeh (a Doctor in the
international Law) and Lawyer Monther Da’ana.
The broadcasted workshop went
though the following topics:
Picture
taken by PHRMG staff.

IX. Project was supported by the following
Organizations:
This project is made possible by the generous support and
fund contribution of the following Organizations ( in which we hope to
establish a continuous funding support through out the upcoming years, and on
behalf of all Palestinians, the PHRMG Board Members and Staff would like to
extend special thanks to the many friends who have supported our activity):
1. Ireland Representative Office to the Palestinian Authority.
2. The
Representative Office of Norway to the Palestinian Authority.
3. Diakonia.
4. German Representative Office to the Palestinian Authority.
5. ICHRDD
(
6. FMEP
(Foundation for
7. UNAIS
(UNA International Service).


X. PHRMG Comments and concluding Remarks:
It
appears that the Palestinian victims suffering from settler attacks including murder
cases hesitate to file complaints at Israeli police stations or even call them;
the reasons: they are afraid; police disregard and
underestimate complains; the
victims themselves do not trust the Israeli law forces to execute and implement
the Israeli laws. In the case of Tahreer Rezk who was killed by settler
gunfire, his family told the PHRMG Legal unit that they will not file a
complaint to the police or request any investigation because they think if they
named the witnesses who were at the place and time of murder the Israeli police
force will not take there testimonies but will apprehend and prosecute them
with charges of stoning the Israeli civilians. This gives the Israeli police
force an excuse not to open any investigations of settler attacks that is not
filed by police or documented as a complaint, giving the murderers and
attackers the chance to not only escape the charges but to repeat their actions
with confidence they will not be prosecuted under Israeli Laws. It is obvious that this law is one
example of the way Israeli law treats Israelis and Palestinians unequally.
Bibliography
[1] After the Oslo Accords the Palestinian Territories are divided into Area A (full Palestinian civil and security control, currently limited to major cities) Area B (Palestinian authority over civil matters, Israeli authority over security and police matters), and Area C (full Israeli civil and security control). Settlements are generally surrounded by Area C. Israeli citizens committing crimes anywhere in the Occupied Territories come under Israeli criminal jurisdiction. See Article XI, paragraph 4(d) of the Israeli-Palestinian Interim Agreement. Thus, violations taking place within all these areas are Israeli responsibility.
[2]The Judea and Samaria Police District does not include occupied East Jerusalem, which is under the jurisdiction of the Jerusalem District.
[3] http://www.police.gov.il.
[4] The Convention by its terms applies only to “the territory of a High Contracting Party.” Israel argues that only a sovereign may be a contracting party lawfully bound by Article 49 and neither Jordan was sovereign in the West Bank nor Egypt in Gaza. Thus, Israel argues that the Geneva Civilians Convention does not apply to its control of the West Bank and Gaza. This view has been rejected by the international community, including the United States. See S.C.Res. 237, U.N. SCOR, 22nd Sess., Res. & Doc. S/INF/22/Rev.2 (1968), U.S. Dept. of State, Country Reports on Human Rights Practices for 1983, 1292 (1984). The Geneva Civilians Convention states that it applies “in all circumstances” and to “all cases of declared war or of any other armed conflict.” Geneva Civilian Conventions, supra, art. 1, art 2. The law of belligerent occupation applies so long as the occupant exercises any authority. See John Quigley, Living in Legal Limbo.
[5] Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, Chapter 2, Articles X – XIII. While Israel argues that, following the Oslo Accords, it is no longer responsible for protecting human rights and complying with international law relating to Palestinians living in areas of the Occupied Territories formally transferred to the Palestinian Authority; it clearly retains ultimate control over these areas and enters Area A every other day.
6 In theory, the Interim Agreement grants the fledgling Palestinien Authority the right to administer criminal justice overall of its ‘citizens.’ However, Israel’s retention of jurisdiction over all ‘security’ offenses committed in area C guarantees a different reality.
[7] See Israeli-Palestinian Interim Agreement, Annex III Protocol Concerning Legal Matters, Article I, and Annex I: Protocol Concerning Redeployment and Security Arrangements.
[8] The military judicial system includes assistant judges who are not lawyers, who are merely military officers appointed for the specific purpose of discussing a case. One assistant judge, First Lt. Omer Bark, recently told Ha’aretz newspaper that what he saw in the courtroom was a “horrifying experience: The entire process seems to me to be a total disregard for the right of the accused to a fair trial… The system does not even make the effort to create the impression of doing justice.” Ha’aretz, December 18, 2001, Disorder In The Court, Amos Harel.
[9] Member of Knesset Amnon Rubenstein recognized this fact as early as 1984: “In Judea, Samaria and Gaza, there are two legal systems and two types of people; there are Israeli citizens with full rights, and there are non-citizens, non-Israelis, with no rights.” Knesset Protocol, January 2, 1984, p. 923.
[10] The analysis in this section is based on the legal analysis contained in vol.6, issue 2 (April 2002) of the Palestinian Human Rights Monitor entitled “Separate and Unequal: Disparate Treatment in the Israeli Criminal Justice System of Palestinians and Israelis who Kill.
[11] Indeed, there is disparate treatment of Israelis and Palestinians by every institution in the Occupied Territories, with Palestinians disadvantaged in every aspect of social and economic life.
12 The Palestinian Human Rights Monitor, Vol.6, Issue #6, December 2002, “Legal Background” page 5.
13 June 5, 2002 - 17 people were killed and 38
injured when a car packed with a large quantity of explosives struck Egged bus
No. 830 traveling from Tel-Aviv to Tiberias at the
14 Cases have been taken
as examples from the Legal Unit at the Palestinian Human Right Monitoring Group
(PHRMG), police and court paperwork is documented.