Category: Press Releases

Jalud Olive Harvest Stopped by Armed Settlers and the Israeli Army

The Ibrahim family of the West Bank village of Jalud, accompanied by international and Israeli Human Rights Workers (HRWs), were forcibly prevented from harvesting their land yesterday by both armed settlers and the Israeli Army. Jalud, a community of about 500 people in the district of Nablus, regularly faces harrassment from nearby settlements and settlement outposts. Of the 16,000 dunums that belonged to the village, 10,000 dunums has been illegally confiscated for settlements whilst another 2,000 has been declared a military closed zone.

At approximately 10 am, several dozens farmers, joined by around 20 international and Israeli HRWs, began to pick olives on village land to the west of an outpost from Shilo settlement. Three Israeli soldiers immediately came down from the outpost and ordered the villagers to stop their harvest. The soldiers were quickly followed by around 20 settlers, armed with handguns, machine guns and a large attack dog, who attempted to steal the farmers’ equipment along with the few olives that had already been picked.

One HRW saw a Palestinian woman roughly pushed by a settler, who then proceeded to dump everything out of the bags she was carrying. Army reinforcements soon arrived on the scene and aggressively forced the farmers into a corner of the grove. At approximately 11.30am the army threatened the farmers with teargas and rubber bullets, forcing the party to leave with only one bag of olives picked. No attempts were made by the army or police to remove the settlers from the land, despite it being declared a Closed Military Zone.

The Ibrahim family have not been able to harvest their olives since 2004. Every year Fawzi Ibrahim has sent the land ownership documents to the DCO for permission to work the land, but has received no response. He estimates that the family loses roughly $40,000 a year in olive oil production and another $50,000 in chick peas and wheat. He is now forced to rely on his 2,000 NIS a month salary from his teaching work in Hawara and can no longer afford the legal fees required to fight for his land through the Israeli courts. The last time he went to court over his land, when a settler from Shilo had harvested $20,000 worth of his wheat, the court agreed that the land was his and the settler had illegally harvested the wheat, but only awarded Fawazi Ibrahim 80 NIS in compensation, whilst sentencing the convicted settler to 140 hours community service to be completed within the settlement.

Al-Haq: Open Letter to Quartet Members: Israel’s Recent Land Confiscations East of Occupied Jerusalem

FOR IMMEDIATE RELEASE

1 November 2007

Dear Quartet Member,

As a Palestinian non-governmental organisation dedicated to the protection and promotion of international human rights and humanitarian law in the Occupied Palestinian Territory (OPT), Al-Haq is gravely concerned at the planned land confiscations in the vicinity of East Jerusalem, and requests that the Quartet assert itself as a relevant actor in defending the fundamental rights of the Palestinian people.

On 24 September 2007 the Israeli military commander of the West Bank signed a land expropriation order targeting occupied Palestinian land to the east of Jerusalem, in the West Bank. The immediate aim of these expropriations is to begin the construction of a road, for Palestinian use, linking the southern, eastern and northern areas of the West Bank at the expense of Palestinian property rights, territorial contiguity and ultimately, self-determination.

According to the map attached to the military expropriation order, the new road will circumvent the Israeli settlement of Ma’ale Adumim and other adjacent settlements, and run near the southern and eastern edge of the planned route of the Annexation Wall surrounding these settlements. The recent confiscations cannot therefore be viewed in isolation, but must be seen as forming an integral part of both the Wall’s associated infrastructure and Israel’s territorial ambitions around occupied East Jerusalem. Once constructed, the wall around the ‘Adumim bloc’ will enclose some 61 square kilometres of the occupied West Bank, and jut across some 45 % of the width of the West Bank at its narrowest point. Under a longstanding Israeli development plan, the land between Ma’ale Adumim and occupied East Jerusalem, an area referred to by the Israeli authorities as “E-1,” will be used for the construction of some 3,500 Israeli housing units, driving a contiguous wedge of illegal settlements and their associated infrastructure through the centre of the West Bank. The primary road arteries used by Palestinians to access East Jerusalem and to travel between the north, south and east of the West Bank currently run in close proximity to the “E-1” area. The recent confiscation of land and planned road represent a clear intention to limit and prevent Palestinian access to this area, further consolidating Israel’s control over East Jerusalem’s immediate surroundings and fracturing the West Bank.

Land Confiscation

Israel, as the occupying power in the West Bank, including East Jerusalem, and the Gaza Strip, is prohibited under international humanitarian law from destroying private or public property unless such destruction is “rendered absolutely necessary by military operations.” Further, the “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly,” amounts to a ‘grave breach’ of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention)Fourth Geneva Convention, entailing individual criminal responsibility for those committing, ordering or knowingly allowing such a breach to be committed.

The requirement of ‘military necessity’ grants an occupying power substantial discretion in determining a course of action. However, this discretion is not unlimited. First, the action must serve a military purpose. Second, military necessity cannot justify the violation of other rules of international humanitarian law, and third, the expected military advantage flowing from the action must not be disproportionate to the harm caused to the civilian population.

As already noted, the planned road will provide an alternative to Palestinian use of the road network in the “E-1” area. In combination with access restrictions imposed by the route of the Wall and its associated infrastructure, Palestinians travelling in the West Bank will be forced around the Ma’ale Adumim settlement ‘bloc,’ facilitating the construction of further settlement infrastructure in the E-1 area, including 3,500 new housing units. These intended developments and the settlements already present stand in clear violation of international humanitarian law. Article 49(6) of the Fourth Geneva Convention states that an occupying power “shall not deport or transfer parts of its own civilian population into the territory it occupies.”

In addition, the fragmentation of the West Bank inherent in Israel’s territorial ambitions, manifested clearly by Israel’s settlement construction and land confiscation in and around East Jerusalem, renders the meaningful exercise of the inalienable right of the Palestinian people to right to self-determination impossible. As noted by the UN Special Rapporteur on the Situation of Human Rights in the Palestinian territories occupied in 1967,

The right to self-determination is closely linked to the notion of territorial sovereignty. A people can only exercise the right of self-determination within a territory. The amputation of Palestinian territory by the Wall seriously interferes with the right of self-determination of the Palestinian people as it substantially reduces the size of the self-determination unit (already small) within which that right is to be exercised.

Israel has repeatedly stated its intention to retain control over the most populous settlements in any future negotiated solution. This would amount not only to a violation of the right to self-determination as described above, but would also constitute the annexation of territory by force, a practice absolutely prohibited under contemporary international law.

Based on the above, it is clear that Israel cannot avail itself of ‘military necessity’ as a justification for its recent land confiscation and planned destruction. The confiscation and destruction of the land does not serve a military purpose, but rather is part and parcel of Israel’s illegal settlement policy and the construction of the Annexation Wall. The inherent and resulting denial of the right of the Palestinian people to self-determination and the de facto annexation of territory by force, causes massive and disproportionate harm to the occupied civilian population. As such, the land confiscation and planned road not only constitutes a violation of international humanitarian law in its own right, but also serves to entrench other egregious violations of international law.

International Legal Obligations

Under Article 1 of the Fourth Geneva Convention, the High Contracting Parties “undertake to respect and to ensure respect for the present Convention in all circumstances.” This requires that states must not only avoid taking action that would contribute to or recognise situations arising from the violation of the Fourth Geneva Convention, but that they must also actively seek to bring violations committed by other states to an end.

Further, under the terms of General Assembly resolution 2625 (XXV),

Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter

While not the object of specific international legal obligations the Quartet must, if it is to serve any other purpose than providing tacit consent to Israel’s violations of international law, explicitly affirm fundamental international legal norms, including the right to self-determination, the prohibition on the annexation of territory by force and the illegality of Israel’s settlement policy. As an immediate first step towards this, the Quartet should demand the immediate cancellation to the most recent confiscation orders, the cessation of all settlement construction and the construction of the Annexation Wall in the OPT, and that these structures be dismantled. As already recognised by the Quartet the settlements and Annexation Wall are serious obstacles to achieving a just and durable peace.

Additionally, participation in the Quartet does not shield its members from their individual international legal obligations. Al-Haq therefore calls upon:

* The European Union to implement its own guidelines on promoting compliance with international humanitarian law (2005/C 327/04), including the imposition of sanctions and restrictive measures.

* The United Nations, and in particular Secretary General Ban Ki-moon, to explicitly demand Israel’s compliance with fundamental principles of the United Nations, in particular self-determination and the prohibition on the annexation of territory by force.

* The United States and Russian Federation to uphold their obligations under Article 1 of the Fourth Geneva Convention, and adopt immediate and unflinching diplomatic and other measures to ensure Israel’s compliance with the provisions of the Fourth Geneva Convention.

Sincerely,

Shawan Jabarin
General Director

*For a map of the planned road, settlements and route of the Annexation Wall referred to in the above document click here:
http://www.alhaq.org/pdfs/map%20of%20the%20planned%20road.pdf

Settlers burn olive trees in Jamma’in

The West Bank village of Jamma’in has 10 000 residents, most of them farmers, and is close to the biggest illegal settlement in the west bank, Ariel, and another smaller one, Tapua. Often the villagers are harassed by settlers, most recently a few days ago when an old man was mugged whilst harvesting his olive field. Two weeks ago settlers also burnt down 50-60 olive trees and refused the fire brigade access to the site of the fire, ensuring the entire field was burnt. The army and settlers also regularly prevent farmers planting new trees on their land.

Last year the villagers from Jamma’in, with the assistance of internationals, built a simple stone road to get a better access to their olive field. Before long the army installed a roadblock rendering it inaccessible by motor vehicle.

Israeli military invasions are frequent in the village, often it is alleged that the village is harboring terrorists or one of its residents has attacked a settler. A few days ago a settler from Ariel was actually shot, and although the attacker’s origin is unknown, the army blocked the road connecting Jamma’in with the main road, forcing the villagers to travel extensive distances to reach the village. This is an example of collective punishment, which is illegal under the Geneva Convention, but all too frequent in West Bank and Gaza.

A fence separates the village from the main road. In no way does it provide any extra security to either of the settlements but merely serves to impede villagers access to their fields.

The population of Jamma’in is growing. Opportunities to build new houses, however, are extremely limited as building is only allowed in area A, and the village is closely bound by area B. House demolitions are frequent along the area A/B boundary, worsening the housing crisis and devastating families. Class sizes in the village school now exceed 50 children in one small room as the school building has no room to expand.

In contrast, Ariel is expanding. Currently there is only a fence along the proposed route of the apartheid wall and it is feared that the route of the wall will be diverted upon completion to annex the villages water source. The annexation of Palestinian water sources by the apartheid wall is an under-reported but integral aspect to the occupation. This process, along with the incursions into the West Bank the wall makes around Salfit and Jerusalem, greatly undermines the chance of setting up of a viable Palestinian state.

Ten years ago the villagers set up a womens center, staffed by local volunteers. Activities include coaching children through their exams and helping them with any problems they may have at school. They also have a library and are going to give several workshops, including computer lessens. Another initiative is a campaign against violence towards women, the center organises demonstrations and actions to raise public awareness of this issue. They are looking for other womens organisations around the world to work with, if you are involved with one and are interested in becoming a partner organisation to the Jamma’in womens center the e-mail addres is: neevein@yahoo.com

Anti-Apartheid Demonstration this Sunday near Beit Ur

On Sunday, at 10 am, November 4th a demonstration against the apartheid road system will take place on the Israeli-only 443 highway. The demonstration will take place at the bridge near Beit Ur that runs above the Palestinian only tunnel that runs beneath the highway.

For seven years now, Highway 443 has been accessible to Israelis only. Palestinians are forbidden to travel on the highway, even on the 9.5 kilometer-long segment which passes through occupied West Bank territory and is built on land that has been confiscated from Palestinians whose olive trees have been cut down “for the benefit of the local population.”

Palestinians are forbidden to travel even along the segment that is nine and a half kilometers long and passes through West Bank territory. The road was widened in the 1990s using land confiscated from the local Palestinians under the pretense that the road would be open to Palestinians as well as Israelis, many ancient olive trees were destroyed during the road expansion.

The policy of prohibiting Palestinian movement on this road is not an isolated case. On 312 kilometers of main roads in the West Bank, vehicles bearing Palestinian license plates are forbidden or restricted access. According to OCHA (UN Office for the Coordination of Humanitarian Affairs) Of the 539 physical obstacles and check point that restrict Palestinian movement, only fourteen separate the territories occupied in 1967 from Israel proper. Nearly all of the physical obstacles and checkpoints that make up the closure regime are located along the roads for Israeli use. These roads, in addition to the segregation wall, carve up Palestinian areas into isolated enclaves. This fragmentation is at the root of the West Bank’s declining economy.

Thursday October 24th Palestinian Israeli and international protesters blocked the highway for over fifteen minutes by organizing a sit down in the road. Palestinians distributed a message to the drivers in Hebrew (see: http://www.apartheidmasked.org/?p=118) on the highway: “We know what it feels like to be blocked. We experience it daily.”

Journalists can meet at the demonstration itself at 10 am, at the bridge near beit Ur that runs above the Palestinian only tunnel that runs beneath the highway.

From Tel Aviv, meet at the central bus station at 8:30, and contact Ilan Shalif beforehand as early as you can if a ride is needed. Email is best, ilan@shalif.com and include your mobile phone, or call him at 036482749 or 0524655520 but do not send a text message.

From Ramallah, meet at the Manara at 9 am.

For more information:
Yousef Karaje 02-2488113
or Mohammad 0545573285

and visit www.apartheidmasked.org

Reporters Without Borders: Golan Heights journalist Ata Farahat held without trial for past three months

Press release

30 October 2007

Reporters Without Borders is outraged by the prolonged detention of journalist Ata Farahat, who was arrested on 30 July and is being held in Al-Jalama prison (14 km southeast of Haifa). The organisation has been told he could be prosecuted for “collaborating with an enemy nation” but this has never been confirmed by the Israeli authorities.

“Three months have gone by since Farahat’s arrest and we fail to understand the Israeli judicial system’s refusal to release him on bail,” Reporters Without Borders said. “By forbidding the Israeli media to cover this case, the judicial authorities have freed themselves of any responsibility. The only possible explanation for this shocking decision is the existence of questionable aspects to the judicial procedures used in this case.”

Since his arrest, Farahat has been brought several times before an investigation judge in Tel Aviv who has refused to free him provisionally pending trial. Several unofficial sources have said he is to be prosecuted for “collaborating with an enemy nation” as a result of his relations with the Syrian news media. The gag order imposed on the Israeli media and on his lawyers indicates that the charges against him are serious.

A member of Farahat’s family told Reporters Without Borders that his lawyers had also requested a form of provisional release in which he would remain under house arrest, but this was also rejected by the judge in charge of the case on 23 October. The trial has been postponed until 15 November.

Aged 35 and a graduate of the Damascus school of journalism, Farahat was working for several Syrian news media, including the daily newspaper Al-Watan and public televison.

Reporters Without Borders wrote to the Israeli justice minister on 1 October asking for an explanation for Farahat’s prolonged detention. The organisation has not yet got a reply.