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ANTENNA SHARON | minds |
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Thursday, June 03, 2004
Israel's Wall: Bad Fences Make Bad Neighbors
“[The] formula for the parameters of unilateral solution are: To maximize the number of Jews; minimize the number of Palestinians; not to withdraw to the 1967 border and not to divide Jerusalem.”
– Ehud Olmert, Israel’s Deputy Prime Minister.[1]
1. What’s wrong with the Wall?
The Wall is not being built on Israel’s border but rather well within Occupied Palestinian Territory, thereby de facto annexing Palestinian land and ensuring that Israel’s colonies remain. It is estimated that approximately 43.5% of the Occupied West Bank (containing approximately 88% of the illegal Israeli settlers) will be de facto annexed by Israel and ensuring that Israel’s colonies not only remain but also expand.
In addition, the Wall is being built in such a way as to divide Palestinian population centers from their adjacent agricultural land and water resources. Israel’s strategy is to annex as much Palestinian land as possible while militarily encaging as many Palestinians as possible, all in an attempt to continue Israel’s colonization and occupation of Palestinian territory. At the same time, Israel will effectively isolate Palestinian population centers from one another and restrict not only freedom of movement of individuals but also of goods and services, thereby worsening an already crippled Palestinian economy.
Upon the Wall’s completion, it is estimated that approximately 343,000 Palestinians will be trapped between the Wall and Israel’s 1967 Pre-Occupation Border (the “Green Line”), 93,000 of whom will be trapped in “double-walled” ghettos or enclaves.
2. Is it a “wall” or a “fence”?
The Wall takes many forms. In some areas (notably in Occupied Palestinian Jerusalem and around the Palestinian city of Qalqilya) the Wall is an eight-meter high Wall of solid concrete (twice the height of the Berlin Wall) with armed sniper towers positioned every 300 meters. In other areas, the Wall is an entire regime of obstacles comprised of trenches (up to four meters deep), electrified fences, razor wire and military roads. There is also a 30-100 meter wide “buffer zone” east of the Wall with electric fences, trenches, sensors and military patrol roads.
Whether it is called a “wall”, “barrier” or “fence” is irrelevant because the effect is the same: Israeli de facto confiscation of Palestinian land, forced impoverishment of Palestinian communities and a coercion of Palestinians to abandon their homes and their property.
3. Isn’t the Wall necessary for Israel’s security?
No. The Wall is not protecting Israeli citizens inside Israel; it is instead consolidating Israel’s occupation, its illegal colonies and the ongoing colonization of Palestinian land. The Wall has been routed around Israel’s illegal colonies and their planned expansion and is therefore a land grab rather than a security measure.
If Israel were truly interested in its security it would: (i) abide by international law and withdraw completely from the Occupied Palestinian Territory it occupied in 1967 and/or (2) build the Wall on the Green Line (or inside Israel) rather than in Occupied Palestinian Territory.
Israel has long used the façade of “security” for the continued colonization of Palestinian land, and the notion of a “security” Wall neatly fits into Israel’s long-term goal of annexing as much Palestinian land as possible with as few Palestinians as possible.
4. What is Israel really trying to do by building the Wall?
Israel wants Palestinian land but it does not want the Palestinian people. Consequently, the Wall is part of a strategy to annex large parts of Occupied Palestinian Territory while caging in large Palestinian population centers. Once complete, the indigenous Palestinian population will be restricted to reservations constituting less than 13% of historic Palestine while illegal Israeli settlers will be able to freely travel throughout Occupied Palestinian Territory.
In addition, Israel is encouraging the migration of the Palestinian population from lands confiscated by the construction of the Wall. On October 2, 2003, the Israeli Army issued an order declaring all Occupied West Bank land between the Wall and the Green Line as “closed” (the “Closed Zone”). The Order states that “No person will enter the [Closed Zone] and no one will remain there.”[2] Free access to the Closed Zone (which represents approximately 2% of the Occupied West Bank) will only be granted to “Israelis” (defined as Israeli citizens, Israeli residents and anyone permitted to immigrate to Israel (i.e., anyone who is Jewish)). The Order requires Palestinian residents of the Closed Zone to obtain permits to live in their houses, farm their land, and to travel. Nothing in the Order guarantees that permits will be granted or even respected if indeed granted. Palestinians not residing in the Closed Zone but whose agricultural lands or jobs are within the Closed Zone will also be required to apply for a permit to farm their land or go to work. The Order effectively grants anyone in the world who is Jewish the right to freely travel throughout the Closed Zone while denying the same rights to the Christians and Muslims who live on, farm and own the land. The Order affects approximately 86,500 Palestinians (13,500 living in the Closed Zone and 73,000 who own land in the Closed Zone) in 18 villages and hamlets.
For an English translation of the Israeli Military Order, see www.nad-plo.org/hborders3.php
5. Israel claims that the Wall is a temporary measure and can always be removed when a peace agreement is reached – what’s wrong with that?
Defining measures as “temporary” is a strategy often used by Israel to justify illegal actions which become permanent. In 1967, when Israel began violating the Fourth Geneva Convention by transferring Israeli civilians into illegal Israeli colonies in Occupied Palestinian Territory, Israel claimed the colonies were a “temporary” security measure. More than 36 years later, these colonies have not only become permanent but continue to expand. Israel has never dismantled any of these “temporary” colonies and there are now approximately 410,000 settlers living illegally in Occupied Palestinian Territory.
Furthermore, the damage that is being caused by the Wall cannot be reversed: Palestinian farmers have already lost their crops, their land and their primary source of livelihood and Palestinian homes and businesses have been demolished for the Wall’s construction (such as in Nazlat Issa where 124 shops and 7 homes were demolished).
In his recent report on the Wall, UN Secretary-General, Kofi Annan, stated:
Israel has repeatedly stated that the Barrier is a temporary measure. However the scope of construction and the amount of occupied West Bank land that is either being requisitioned for its route or that will end up between the Barrier and the Green Line are of serious concern and have implications for the future….The placing of most of the structure on occupied Palestinian land could impair future negotiations.[3]
For the full UN report, see www.nad-plo.org/pdf/unnew1.pdf
6. Given that Israel has built agricultural “access gates” so that farmers can access their land, how can it be argued that the Wall is about confiscating land?
If Israel really wanted to facilitate access of Palestinian farmers to their land, the Wall would have been built on Israeli territory rather than between Palestinian farmers and their land.
The gates are an Israeli attempt to make the Wall look humane. In reality however, the “gates” are irregularly open if at all. For example, all agricultural gates were closed from October 4 - 20, 2003 during the olive harvest, causing many farmers to lose their annual olive crops and related revenue. In the case of the northern gate in Qalqilya, the gate has never reopened since October 4, 2003. The closure of the gates in Qalqilya has caused livestock (particularly poultry) to die. Palestinians regularly endure long, grueling waits, and are often denied access. Many farmers have decided to camp and live in their fields in order to ensure access to their land, but Israeli soldiers have arrested the farmers and sent them back to their villages.
Furthermore, Palestinians must apply for “permits” to access their own land and the criteria for receiving such permits is unclear. Such permits are not guaranteed and even if granted, are for a limited duration (typically for only one to six months) and may not be honored. For example, in Qalqilya during November 2003, 1,200 farmers applied for permits and only 300 permits were issued (approximately 25% of which were issued to dead Palestinians or those residing abroad). Indeed, the very existence of the permit system demonstrates that Israeli confiscation of Palestinian land has taken legal form.
In addition, Israel reserves the right to confiscate Palestinian agricultural land if it is not being regularly farmed, thereby changing the status of the land. Consequently, by denying Palestinian farmers the right to farm their land, Israel is setting the stage for invoking the “use it or lose it” laws to later justify the illegal land confiscation.
7. But hasn’t a wall been successful around the Gaza Strip?
With a population of approximately 1.2 million Palestinians, and a land mass of approximately 365 km2, the Gaza Strip is among the most densely populated areas in the world. Since 1994, a wall has been in place around the Gaza Strip, cutting off the Gaza Strip’s Palestinian residents from the rest of the world. Palestinians from the Gaza Strip are unable to leave the Gaza Strip unless they obtain Israel’s permission to do so, whereas Israeli settlers living illegally in the Strip have complete freedom of movement.
The wall surrounding the Occupied Gaza Strip is different from that currently being built in the Occupied West Bank: the wall around the Gaza Strip does not separate Palestinians from their lands or from one another, unlike in the Occupied West Bank.
Despite the wall’s presence, Israel continues to carry out “security” related attacks in the Gaza Strip including: (i) military invasions; (ii) aerial bombings (iii) killing of 1,400 Palestinian civilians (including 350 children); (iv) land confiscations; (v) home demolitions that have made 17,000 Palestinians homeless and (vi) assassinations of “ticking time bombs,” even though there has only ever been two suicide bombers entering Israel from the Gaza Strip. In other words, Israel continues to use claim of insecurity to justify its attacks on Palestinians even though it has been secure.
8. If Israel only builds the Wall on the western portion of the Occupied West Bank and not on the eastern portion in the Jordan Valley, would the Wall be acceptable?
No. There is no such thing as a “humane” wall if it operates as a de facto annexation of Palestinian land, denies Palestinians freedom of movement or the ability to earn an income. Even without an eastern portion of the Wall, 16.6% of the Occupied West Bank (home to approximately 320,000 Palestinians), will lie between the Wall and the Green Line. The western portion of the Wall alone has already caused the uprooting of more than 102,000 trees, the demolition of scores of homes and the destruction of more than 124 businesses. Key Palestinian natural resources (including water and agricultural land) are in the portion of the Wall that has already been built or that is slated for construction.
In addition, even without building the eastern portion of the Wall, Israel is still able to pursue its policy of caging in Palestinian population centers. With the exception of Jericho (itself surrounded by trenches and Israeli soldiers) the Jordan Valley is not densely populated though the Palestinian living there have been subjected to regular curfews in their movement is severely restricted. Consequently, by restricting Palestinian freedom of movement into the Jordan Valley through currently existing road blocks and curfews, Israel can still effectively cage in the Palestinian population while effectively annexing the Jordan Valley.
9. Is there any proof that Israel is attempting to annex Palestinian land?
Yes. In some places, such as Qalqilya, checkpoints have been moved further into Occupied Palestinian Territory with Palestinians requiring permits to “enter Israel” even if they want to travel throughout Occupied Palestinian Territory beyond the checkpoint. Israel has also confiscated some 9,000 dunums (2,250 acres) for the construction of an “industrial zone” which will serve as a source of cheap Palestinian labor for Israeli companies. Additionally, some Palestinian landowners have received expropriation orders in which Israel claims that it will “correct the border.” Thus, while Israel has not passed annexation laws, it has nevertheless de facto annexed Palestinian land in violation of international law.
Furthermore, Israel has attempted to coerce the migration of the Palestinian population in the Closed Zone: approximately 20% of homes in these areas are under threat of demolition, including in the area of Arab Ramadin, south of Qalqilya where one-third of the village’s 33 homes are under threat of demolition.
10. Is the Wall legal under international law?
No. The Wall violates the UN Charter and the Fourth Geneva Convention governing occupied territory. For a full legal analysis of the Wall’s violation of international law, please visit www.palestine-un.org
>>Prohibition on the Acquisition of Territory by Force
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. (UN Charter, Article 2(4))
The prohibition on the use of force to acquire territory has been in place since 1928 and is now enshrined in the UN Charter. This prohibition applies irrespective of whether the territory is acquired in alleged “self-defense” or in aggression. Through the Wall’s de facto annexation of Occupied Palestinian Territory, Israel is violating this basic principle of international law.
>>Prohibition on the Use of Collective Punishment
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. (Fourth Geneva Convention, Article 33(1))
The Wall will serve to divide the Occupied Palestinian Territory with movement from one area to another controlled entirely by the Israeli Army, in effect punishing the entire Palestinian population. Jewish Israelis illegally living in Occupied Palestinian Territory will, however, continue to enjoy total freedom of movement. “Military necessity” cannot be invoked to circumvent this prohibition.
>>Obligation to Ensure the Humane Well-Being of the Palestinian Population
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.(Fourth Geneva Convention, Article 27)
The International Committee of the Red Cross stated that:
The West Bank Barrier [the Wall], in as far as its route deviates from the “Green Line” into occupied territory, is contrary to IHL [international humanitarian law]. The problems affecting the Palestinian population in their daily lives clearly demonstrate that it runs counter to Israel’s obligation under IHL to ensure that humane treatment and well-being of the civilian population living under its occupation. The measures taken by the Israeli authorities linked to the construction of the Barrier in occupied territory go far beyond what is permissible for an occupying power under IHL.[4]
>>Prohibition on Changing the Status of Occupied Territory
The Security Council.calls once more upon Israel, as the occupying Power, to abide scrupulously by the Geneva Convention relative to the Protection of Civilians in Time of War, of 12 August 1949, to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical natures and materially affecting the demographic composition of the Arab territory occupied since 1967, including Jerusalem(UN Security Council Resolution 446 (1979))
By constructing the Wall and putting into place new regulations whereby Palestinians must obtain permits to remain in their homes or to travel between their homes and places of work, education and health care, Israel is changing the status of Occupied Palestinian Territory.
>>Violation of Palestinian Right to Self-Determination
By virtue of the principle of equal rights and self-determination of peoples enshrined by the Charter of the United Nations, all people have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter. (Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States, UN Resolution 2625 (XXV), 24 October 1970).
The Wall violates the right of the Palestinian people to self-determination as recognized by the international community and the United Nations by: (1) de facto annexing Palestinian land in which the Palestinian people have a right to live freely; (2) changing the demographic composition of Occupied Palestinian Territory through the establishment and maintenance of Israeli colonies; (3) breaking up the territorial integrity of Occupied Palestinian Territory through the creation of enclaves and (4) denying Palestinians use and sovereignty over their natural resources, including their water resources.
11. Is the Wall legal under the Oslo Agreements?
No, the Wall violates the Oslo Agreements.
>>Obligation to Preserve the Territorial Integrity of the Occupied Palestinian Territory
The two sides view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period. (Interim Agreement, Chapter 2, Article XI)
The construction of the Wall within Occupied Palestinian Territory violates the territorial integrity of the Occupied West Bank.
>>Prohibition Against Restricting Freedom of Movement
Without derogating from Israel’s security powers and responsibilities in accordance with this Agreement, movement of people, vehicles and goods in the West Bank, between cities, towns, villages and refugee camps, will be free and normal and shall not need to be effected through checkpoints or roadblocks. (Interim Agreement, Annex I, Article IX, para 2(a))
12. What is the international community doing to stop this?
Despite world-wide condemnation of the Wall (including a UN General Assembly Resolution demanding that Israel stop and reverse the Wall’s construction) and even United States and European concerns, the international community has taken no action that has had any effect to stop the construction of the Wall in Occupied Palestinian Territory.
The Fourth Geneva Convention obliges the international community to ensure that the Convention, the primary purpose of which is to protect a population under occupation, is respected:
The High Contracting Parties undertake to respect and ensure respect for the present Convention in all circumstances. (Fourth Geneva Convention, Article 1)
The international community’s inaction in stopping Israel’s construction of the Wall continues to teach Israel that it is above the law.
Israel’s security powers, with respect to freedom of movement, extend only to prohibiting or limiting the entry into Israel of persons and of vehicles from the Occupied Palestinian Territory. Building a Wall within the Occupied West Bank affects Palestinian freedom of movement not only into Israel, but also within and throughout Occupied Palestinian Territory.
[1] In an interview with Ha’aretz newspaper, Deputy PM Olmert describes his vision for “peace” with the Palestinians. David Landau, Maximum Jews; Minimum Palestinians, Ha’aretz GA Coverage, Online Edition 5 December 2003. http://www.haaretz.com/GA/pages/ShArtGA.jhtml?itemNo=360533
[2] Israel Defense Forces Order Concerning Security Directives (Judea and Samaria)(number 378), 1970 Declaration Concerning the Closure of Area Number s/2/03 (Seam Area), Section 3a.
[3] Report of the Secretary-General Prepared Pursuant to General Assembly Resolution ES-10/13, UN Doc. A/ES-10/248 at 7. (24 November 2003).
[4] International Committee of the Red Cross, Press Release: Israel/Occupied and Autonomous Palestinian Territories: West Bank Barrier causes serious humanitarian and legal problems 18 February 2004. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/5WACNX
Source : PLO Negotiations Affairs Department
WORLD, are we aware of this ISRAELI WALL...? Maybe we're now are overlooking to Iraqi issue. Fight against another backstep effort from Israeli to settled their problem.
# ANTENNA SHARON | 7:10:00 pm |
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