Demolition of the Dwiyat family’s house, East Jerusalem. Photo: Kareem Jubran, B'Tselem, 7 April 2009.
On 7 April, security forces demolished the apartment, in Zur Baher, East Jerusalem, of the family of Husam Dwiyat, who carried out a bulldozer attack in the center of Jerusalem in July of last year. The demolition took place after the High Court of Justice denied, on 18 March, the family’s petition opposing the action.
As in previous cases of this kind, the justices (Levy, Grunis, and Na’or) accepted the state’s argument that demolition of the family home will deter others from carrying out similar acts. The justices approved the demolition, even though the state never contended that Dwiyat’s family assisted him or knew of his plans.
From 1967 to 2005, Israel maintained a policy to demolish or seal houses in the West Bank and the Gaza Strip as a means to punish the families of Palestinians who had harmed Israelis. The policy was based on the claim that, out of concern for their families, Palestinians would be deterred from carrying out attacks. In implementing this policy, from October 2001 to the end of January 2005, Israel demolished 664 houses, leaving 4,182 persons homeless.
This practice is forbidden under international humanitarian law. The declared objective is to harm innocent persons – relatives of suspects – whom nobody contends were involved in any offense. As such, it constitutes collective punishment, which violates the principle that a person is not to be punished for the acts of another.
In February 2005, Defense Minister Shaul Mofaz and Chief of Staff Moshe Ya’alon accepted the recommendations of a team headed by Maj. Gen. Udi Shani, and decided that houses would no longer be demolished as punishment. The change in policy had a few causes, among them the determination that it is was impossible to state without reservation that house demolitions were effective in preventing terrorist attacks. In addition, evidence was presented to the Shani team indicating that house demolitions as punishment created immense hatred, which increased motivation to carry out terrorist attacks. In addition, it was determined by the committee that house demolitions adversely affected Israel’s public image around the world, and its legality under international law was unclear.
The judge advocate general, Brig. Gen. Avichai Mandelblit, explained at a meeting of the Constitution, Law and Justice Committee of the Knesset that the decision to cease house demolitions as punishment did not relate only to periods of calm, and that it would remain in effect also if terrorist attacks resumed. The JAG emphasized that the decision was sweeping, and that the subject would be reconsidered only in the event of a drastic change in circumstances.
Despite this, on 19 January 2009, without giving a convincing explanation, Israel renewed its policy and sealed two of four floors in the house of the family of the perpetrator of the attack at the Mercaz Harav yeshiva in Jerusalem, ‘Alaa Abu Dahim, in which his parents and one of his brothers lived. In that case as well, the High Court approved the state’s action.
Your presence is needed for the Olive Harvest 2006 in Palestine!
Palestinian communities are calling for the presence of international activists to support them in the 2006 Olive Harvest. Throughout the West Bank and Gaza, Palestinian land continues to be stolen for illegal Israeli colonies and the Apartheid Wall as well as settler roads, checkpoints, and closed military zones.
Since October 2000, hundreds of thousands of olive trees have been bulldozed, uprooted, or burned by the Israeli military and Israeli settler colonists. The olive tree has been a native symbol for Palestinians for hundreds of years. As well as a source of livelihood and a symbol of the people’s bond to their land, the olive tree is also a powerful symbol of cooperation between peoples.
Cooperative actions between internationals and Palestinians have concentrated around the olive tree. Palestinian communities remain steadfast and are strengthened in refusing to give up their olive harvest. The solidarity offered by international activists enables many families to pick their olives and stay in their communities.
ISM will be providing training, media and legal support to international activists in response to the demand from local communities. Activists will use their creativity, determination and courage to support these communities at this important time of year. There is an especially big need for the campaign this year, as a big harvest is expected. Ground work has been done by ISM activists in the Nablus region on making contacts with at least 18 villages in the region who would like to have international accompaniment because of dangers they will face from Israeli colonists, and obstruction and harassment from the Israeli army. Many of these villages have worked with internationals before.
An international presence makes it less likely that Palestinian farmers and landowners will be met with brutal and sometimes lethal violence as they care for their land and harvest their olives.
The Olive Harvest Campaign, part of the people’s non-violent resistance to the occupation, will begin 15th October and last until the middle of December. Some villages have expressed a desire for internationals from mid-October although most villages we have contacted will start picking after the three day religious holiday of Eid il Fitr, which is expected to be from October 25-27. The majority of villages will be picking during November. The first Olive Harvest orientation and training will be held on October 15th and 16th and will continue every Sunday and Monday until the end of the Olive Harvest. During Eid il Fitr there will be no olive picking. Olive harvesting is expected to be finished by the middle of December. Please contact Hisham at hishamjamjoum@yahoo.com for questions about training.
Please register to join us at: palsolidarity.org
For more information, please contact info@palsolidarity.org
or see: palsolidarity.org
Important Notes
It is recommended that you stay for at least two weeks, though if this is not possible, your presence anytime throughout the duration of the campaign is appreciated.
As a guide, it will cost you approximately $100 per week for food, accommodation and travel in Palestine.
The two-day training and orientation is mandatory for activists participating in the non-violent resistance including the Olive Harvest.
Updated 14th September: the paragraph in this call about dates has been updated and clarified.
Ongoing Campaigns
In the meantime, we also invite internationals to join our on-going efforts to support Palestinian non-violent resistance all over the West Bank. In recent months Israeli aggression has increased in the West Bank whilst more international attention has been focused on Israeli atrocities in Lebanon and Gaza.
Palestinians in the Tel Rumeida district of Hebron suffer some of the worst settler violence in the West Bank. There has been an international presence in Tel Rumeida for 1 1/2 years. Activists who have attended ISM training have a permanent presence in the international apartment in Tel Rumeida. The work there involves accompanying Palestinian schoolchildren to school and protecting them from and documenting attacks by settlers. Internationals also maintain a presence on the streets in the settlement to document and intervene in the regular settler attacks on local Palestinian residents.
Israeli settler colonists in other areas in the Hebron region also frequently attack and intimidate Palestinian farmers. This involves physical assaults or the destruction of farmland. As with the Olive Harvest the presence of internationals enables farmers to work their land. This summer, internationals supported farmers in this way around Beit Omar village. Although the Wall has been largely built in the northern West Bank and around Jerusalem, land is currently being destroyed for the route of the Wall in the south of the West Bank, in the Bethlehem and Hebron regions. Internationals have supported weekly demonstrations against the Wall this summer in Al Khadr village west of Bethlehem as well as participating in actions around Karme Zur settlement between Halhoul and Beit Omar. There will be continuous non-violent resistance to land theft and the destruction of olive trees, vines and other agricultural land in the Hebron region.
In Bil’in village west of Ramallah, the illegal Apartheid Wall has stolen over half of the village’s agricultural land. Internationals have supported their 1 1/2 year struggle against the Wall which has focused around weekly Friday demonstrations. Internationals aim to maintain a permanent presence in the village which has been targeted by Israeli forces for its non-violent resistance.
Training Dates
We hold trainings every Sunday and Monday if there are at least 5 people. Please contact Hisham at hishamjamjoum@yahoo.com for questions about training.
In the last week we had two decisions by the Supreme Court of the Zionist state which reveal how racist this regime is. The first one is the citizenship law which will affect thousands of Palestinian families on both sides of the Green Line and the second is the Bil’in court case.
Citizenship Law
No one (including me) would have believed that Israel would take such a crazy step as this until the last few months. There is no country in the western world that has taken such a step, even the countries where terror attacks have occured on their civilians within their borders. Isreal is the only country that uses terror attacks as an excuse for legislating an apartheid law. There is no one in the world who can ethically say that if there is someone from a racial or religious minority who took a violent action against a country’s citizens that the entire community should be collectively punished. However, this was the reason that Isreali secret services used in court, and their game they love to play talking of the security of Isreal suceeded at convincing the judges.
It is known, though, that the real issue they are concerned with is the demographic issue. The president of Supreme Court even noted that since 1993 there was just 16,000 applications submitted from Palestinians to unite families, suggesting that there is no large demographic danger. But no one mentions the reality behind this law, which is that the Israeli state is a Jewish state. There is no place for anyone who is not Jewish!
This is the only democracy in the Middle East who builds their constitution on racist principles .
However the Israeli Supreme Court wasn’t going to approve a law such as this, despite the support from the international mainstream community and their disgraceful silence, which made Israel feel supported even in such a racist step as this. The silence that the international community continues, especially after 58 years of occupation to the historical Palestine, encourages Israel to continue to refuse to take responsibility for the refugees and the massacres that happened at that time. They have fallen silent in forcing Israel to recognize the UN security council resolutions 194, 242 and 338. They have been turning away as Israel declared the “unification” of Jerusalem as a capital for Israel, formally annexing it, even though East Jerusalem is an occupied territory according to international law. To consolidate their occupation, Israel continues building settlements in the West Bank and finally the Wall, or what is so-called the “security fence”, with full Western support. All of these facts on the ground makes me not really surprised to see the Supreme Court in Israel approving one more racist law which is just one piece in a series of acts that aims to “evacuate” or “transfer” the local and the legal owners of the land from their lands by making their life and existence impossible.
An Israeli friend stated accurately, “We are living in the 21st century and we can’t do the same things that we did in the past to continue the transfer. There are more inelegant ways for that by making life impossible for people so they leave without terrifying them in the way the Haganah and other Jewish milita groups did during the so called ‘war of independence’ “.
Bil’in court case
After I talked about the citizenship law and its consequences it’s obvious that Israel will continue the big story of security .
Last Sunday May 14th , the Supreme Court in Jerusalem was discussing one more important issue – the wall case in Bil’in, a small village west of Ramallah in the West Bank. Fortunately there is no final decision yet, even after a discussion which continued untill 9:00 pm local time. From the discussion there was an important thing that was mentioned, which again amounted to more racism and discrimination under the name of security. The thing the judge said was that the reason for building the wall was to protect the Jewish citizens from terrorist attacks with no regards to if the wall is built on the green line or not and with no regard to the legal rights of the owners of the land. However, the wall in Bil’in like in many places is built to protect settlers, who according to international law have no right to be there since they “settle” in a land that is stolen by force from its legal owners.
Building the wall to protect Jewish citizens conceals a dangerous fact: Israel has started with its own unilateral plan. Its an introduction to building the wall around the main settlement blocks such as Ma’ale Adumim, Gush Azion, Alfe Menashe and Ariel. The plan calls for the settlement blocks to be annexed to Israel under the name of “security” and “protection”, again with no regards to their legal status. This will set a horrible precedent allowing for the building of the wall in any place in the West Bank for the same reasons. It’s obvious to all that this is one more way to force the people to leave their homes.
I don’t know how far they can go using these justifications, but I would like to point out that from the Palestinian side, I don’t think the Palestinians want any more hassles in their life. We know the meaning of being a refugee – living in another country as a foreigner. The people have decided that they aren’t going to leave Palestine again. On the other hand, the international community should wake up and take their responsibilities to guarantee human rights and the application of international law, and sanction Israel for making more racist laws that transfer Palestinians from their homes.
The Israeli Supreme Court approved a law yesterday denying West Bank and Gaza Palestinians married to Israeli Palestinians residence or citizenship in Israel. As the linked Ha’aretz editorial states, this is a disgrace. Moreover, this is yet another grounding of apartheid by the Israeli ‘justice’ system.
“… not one single Western country discriminates against some of its citizens by passing laws that apply only to them, and that impose limits only on their choice of a partner with whom they can live in their homeland.”
Yes, five out of the eleven judges voted against the law. Yes, those included both the current president of the court and his replacement. Yes, this law has been contested over and over again and the legal system allowed it to be.
But no, that does not make a bit of difference. As of now, Israeli Palestinians who just happen to fall in love with someone from the West Bank or Gaza cannot do a thing about it.
I guess it’s just one more element to add to the list:
Separate roads for Israelis and Palestinians in the West Bank (and Gaza pre-disengagement) – see Road Networks in the legend here.
Different ID cards, giving different privileges (see here).
Massive discrimination on access to water (see here).
Israeli Palestinian districts inside Israel get far less funding for schools, health and other services than Jewish areas (see here).
The country I was born in is a racial pseudo-democracy. That makes me sad and extremely angry. So many of the comments on the Ha’aretz article linked above are sickeningly racist: “Arabs commit horrible acts of terror and behave like animals, and they expect equal rights?!?”
You see? They are animals, they are terrorists. All of them. Sound familiar?
Therein lies the essence of racism: generalization. This law is fundamentally racist in that in it punishes enormous numbers of innocents for the actions of the very very few.
The decision by the Israeli High Court of Justice on 14 May to uphold a law which explicitly denies family rights on the basis of ethnicity or national origins is a step further in the institutionalization of racial discrimination in Israel.
The “Citizenship and Entry into Israel Law” bars family reunification for Israelis married to Palestinians from the Occupied Territories. It specifically targets Israeli Arabs (Palestinian citizens of Israel), who make up a fifth of Israel’s population, and Palestinian Jerusalemites,(1) for it is they who marry Palestinians from the West Bank and Gaza Strip.
Thousands of couples are affected by this discriminatory law, which forces Israeli Arabs married to Palestinians to leave their country or to be separated from their spouses and children. Israeli military law forbids Israelis from entering the main population centres in the Occupied Territories and Israeli citizens cannot join their Palestinian spouses there, and at the same time Palestinian spouses staying in Israel without a permit are constantly at risk of being deported and separated from their families. Thus, Israeli-Palestinian couples would ultimately be forced to move to another country in order to live together – an option which is neither feasible nor desirable for those concerned. In addition, Palestinian Jerusalemites would lose their residency and their right to ever live in Jerusalem again if they move out of the city.
Five of the 11 High Court of Justice’s judges who ruled on this law on 14 May, including the Court’s President, voted against upholding the law, recognizing that it infringes human rights. The Court’s President, Aharon Barak, stated that the law violates the right of Israeli Arabs to equality.
Indeed, the law violates the absolute prohibition on discrimination contained in international human rights law, notably several treaties which Israel has ratified and is obliged to uphold, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child (CRC).
The provision in the law which allows for the discretionary granting of temporary residence permits for Palestinian male spouses over 35 and female spouses over 25 is arbitrary in nature and does not alter the discriminatory character of the law. It will also not benefit the majority of Israeli-Palestinian couples, who marry at a younger age. Moreover, the permit applications of spouses who meet the age criteria can be rejected on the grounds that a member of his/her extended family is considered a “security risk” by Israeli security services. Thousands of Palestinians seeking family reunification prior to the passing of this law were rejected on unspecified “security” grounds in circumstances where the failure to provide detailed reasons for each rejection made it impossible for those rejected to mount an effective legal challenge to the decision.
The Israeli authorities have sought to justify the law on security grounds but have brought no convincing evidence to substantiate such claims. Even claims that some 25 people, some of whom were born to Israeli parents and were not in Israel as a result of family reunification, have been involved in attacks in security-related offences, cannot justify denying family reunification to every Palestinian. Doing so is discriminatory and disproportionate and would constitute a form of collective punishment, prohibited under international law. Moreover, statements by Israeli officials and legislators who support the new law indicate that it is primarily motivated by demographic, rather than security, considerations – that is, a determination to reduce the percentage of Israeli Arabs among the country’s population.
The ban on family unification for Israeli-Palestinian couples, initially introduced by an administrative decision of the Interior Minister in 2002 and subsequently passed into law by the Israeli Knesset in July 2003, is due to be reviewed by the Israeli Knesset next July. Amnesty International reiterates its call on the Israeli government and on Members of the Knesset to repeal this law and to ensure that any steps taken to address security concerns, including any amendments to the citizenship law, comply with international human rights law – notably the principle of non-discrimination.
(1) Palestinians who remained in Israel after the establishment of the state in 1948 became Israeli citizens, whereas the Palestinian inhabitants of Jerusalem received a special status as permanent residents after Israel’s occupation of East Jerusalem in 1967 and its subsequent annexation. Today, there are about 230,000 Palestinian permanent residents of Jerusalem.
