Israel is denying Palestinians their right to access to adequate water by using discriminatory and restrictive policies.
Donatella Rovera, senior researcher on Israel and the Occupied Palestinian Territories said,
“Israel allows the Palestinians access to only a fraction of the shared water resources, which lie mostly in the occupied West Bank, while the unlawful Israeli settlements there receive virtually unlimited supplies. In Gaza the Israeli blockade has made an already dire situation worse.”
The report, “Troubled Waters: Palestinians Denied Fair Access to Water,” says Israel uses more than 80 per cent of the water from the Mountain Aquifer, the main source of underground water in Israel and the OPT, while restricting Palestinian access to 20 per cent. Israel takes all the water from the Jordan River, the Palestinians get none.
Amnesty International said yesterday that the recommendations of the United Nations Human Rights Council’s fact-finding mission on the Gaza conflict, if implemented, offer the best hope for justice and accountability. The UN-mandated report by Judge Richard Goldstone found that both Israeli forces and Palestinian armed groups committed grave violations of international law, including war crimes and possibly crimes against humanity, during the Gaza conflict this year.
The report supports Amnesty International’s own findings of war crimes committed by both sides.
Donatella Rovera, who headed Amnesty International’s fact finding mission last winter in Israel and the Gaza Strip, said:
“The UN Security Council and other UN bodies must now take the steps necessary to ensure that the victims receive the justice and reparation that is their due and that perpetrators don’t get away with murder. The responsibility now lies with the international community, notably the UN Security Council, as the UN’s most powerful body, to take decisive action to ensure accountability for the perpetrators and justice for the victims. The Security Council must refer the Goldstone findings to the International Criminal Court Prosecutor if Israel and Hamas do not carry out credible investigations within a set, limited period.”
Note: The United States holds the Presidency of the United Nations Security Council for the month of September.
Despite powerful evidence of war crimes and other serious violations of international law which emerged during and in the aftermath of the conflict, both Israel and Hamas have failed to carry out credible investigations and prosecute those responsible. The UN Security Council condemned attacks against civilians during the conflict and urged both sides to respect international law, but so far it has turned a blind eye to the allegations of war crimes and other grave violations committed by both sides.
The report’s findings are consistent with those of Amnesty International’s own field investigation into the 22-day conflict during which some 1,400 Palestinians and nine Israelis were killed (four other Israeli soldiers were killed by their own side in ‘friendly fire’ incidents).
Most of the Palestinians killed by Israeli forces were unarmed civilians, including some 300 children. Amnesty’s investigations also found Israeli forces carried out wanton and wholesale destruction in Gaza, leaving entire neighborhoods in ruin, and used Palestinians as human shields. Amnesty’s findings also agree with the Goldstone report in that the rocket fire into southern Israel by armed Palestinian groups, including Hamas, was indiscriminate which constitutes a war crime.
Key findings of the Goldstone report include:
• Israeli forces committed violations of human rights and international humanitarian law amounting to war crimes and some possibly amounting to crimes against humanity. Notably, investigations into numerous instances of lethal attacks on civilians and civilian objects revealed that the attacks were intentional, that some were launched with the intention of spreading terror among the civilian population and with no justifiable military objective and that Israeli forces used Palestinian civilians as human shields.
• Israeli forces committed grave breaches of the Fourth Geneva Convention, notably wilful killing, torture and inhumane treatment, wilfully causing great suffering or serious injury to body or health, and extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly. As grave breaches these acts give rise to individual criminal responsibility.
• Israel violated its duty to respect the right of Gaza’s population to an adequate standard of living, including access to adequate food, water and housing. Notably acts which deprive Palestinians in Gaza of their means of sustenance, employment, housing and water, that deny their freedom of movement and their right to leave and enter their own country, that limit their access to an effective remedy and could amount to persecution – a crime against humanity.
• Palestinian armed groups violated the principle of distinction by launching rocket and mortars attacks which cannot be aimed with sufficient precision at military targets and that their attacks into civilian areas which had no intended military target constituted deliberate attacks against civilians. Such attacks constitute war crimes and may amount to crimes against humanity.
• Palestinian combatants did not always adequately distinguish themselves from he civilian population and they unnecessarily exposed civilians to danger when they launched attacks close to civilian or protected buildings.
• The Fact-Finding Mission found no evidence that Palestinian armed groups directed civilians to areas where attacks were launched or that they forced civilians to remain within their vicinity, nor that hospital facilities were used by the Hamas de-facto administration or by Palestinian armed groups to shield military activities, or that ambulances were used to transport combatants, or that Palestinian armed groups engaged in combat activities from within hospitals or UN facilities that were used as shelters.
Binyamin Netanyahu, Israel’s Prime Minister, has approved the construction of hundreds of new homes in the occupied West Bank and east Jerusalem despite statements by the U.S. government, including many by President Obama, that settlements are an obstacle to peace.
This BBC News video with Paul Wood aired on the BBC September 7th gives a good summary of situation.
There are approximately 500,000 Israelis living on settlements in the occupied West Bank and east Jerusalem. All settlements are illegal according to international law and no country, with the exception of Micronesia and Israel itself, view it otherwise.
Israel does not recognize the West Bank and east J’lem as occupied, but the majority of the international community, including the United States continue to hold both the territories as occupied and should be afforded the protections under the Geneva Conventions and other international bodies of law.
Under international law, an occupying power cannot transfer it’s population into territory it is occupying or change the demography unless it is for the benefit of the population being temporarily occupied. Some say that the Israeli gov’t (GOI) is not transferring it’s population; the population is voluntarily moving there so this argument is mute. This is disingenuous though as east J’lem and the West Bank are considered occupied territory and the GOI provides infrastructure and military support for the settlements to exist. Without government subsidies, support and encouragement, the settlements would not exist, nor would the growth continue at such a rate.
This McClatchy created graphic shows the expansion of settlements since the 1960
Although the current U.S. position supported by President Obama calling for a freeze on settlement expansion including so-called ‘natural growth’ is considered ‘unreasonable’ by some, it actually doesn’t go far enough.
The GOI has been changing the demography and encouraging settlement of east J’lem and the West Bank for over 40 years against international law. Obama is simply asking Israel to cease illegal activity. The GOI should not only halt construction, but begin implementing removal of all illegal settlers from occupied territory since all settlements and outposts are illegal, including those in east J’lem and compensate those Palestinians displaced or forced from their homes due to home demolitions or evictions.
Israeli senior officials yesterday said that Israel is open to a 3-6 month complete settlement freeze (including natural growth) in order to allow for Palestinian negotiations to take place. Officials asked they not be named, as the issue is so “explosive” within Israel that they do not wish to be associated with the idea yet.
Despite the officials’ claims, Israeli Defense Minister Ehud Barak, who meets with US envoy George Mitchell this week, has shied away from the subject, saying “the matter mentioned in the headlines has not been finalized.”
This freeze, however, would allow for existing settlement construction to continue. Currently, over 2000 new buildings are under construction across the Palestinian West Bank. While not meeting US calls for a complete freeze, a brief halt to new settlements is indicative of the Israeli desire to move on from the current tension between the two countries.
Settlements are illegal under International Law. Last month, President Obama and Secretary Clinton made vocal requests for Israel to completely end its creation of new settlements in the West Bank.
The Middle East Quartet are set to meet this Friday, June 26, in Trieste, Italy. The meeting comes at a critical time with hopes of re-starting peace negotiations between Israel and the Palestinian Authority. President Obama has repeatedly stated his position that the Jewish only settlements in both the West Bank and east Jerusalem are ‘illegitimate’ to the chagrin of Israeli officials use to a ‘nudge nudge wink wink’ policy where they do what they want concerning settlement activities while the U.S. looks the other way. This tacit behavior was the norm during past administrations. The U.S. position on the illegitimacy of settlements is in line with international law and international consensus which has long viewed settlements as illegal. Israeli authorities, including Prime Minister Benyamin Netanyahu, have repeatedly stated their intentions to continue what they call ‘natural growth’ building.
Secretary of State Hillary Clinton heads to Trieste soon and AIUSA has sent a letter to her and cc’d Special Envoy to the Middle East George Mitchell urging her to stand firm in the U.S. position on a complete settlement freeze and also containing a few more pressing concerns that we hope Sec’y Clinton remembers in discussions with other members of the Quartet (the EU, the UN and Russia).
The letter to Clinton not only re-iterates the illegality of the Jewish-only settlements in the Occupied Palestinian Territories, but outlines the effect that settlements have had and are having on the local Palestinians living there. Not only have settlements negatively impacted the Palestinians’ standard of living, housing, education, health and work, but are inherently discriminatory in nature. Settlements, land surrounding settlements and by-pass roads built for easy commutes to Israel are exclusively for Israelis. Not only is water accessed in the OPT being re-directed to settlers and Israel at a 4:1 ratio, security measures taken by Israel, including over 600 roadblocks, checkpoints and the wall/fence much of which is being built on Palestinian territory have long been detrimental to any peace negotiations.
AIUSA believes previous attempts at resolving the conflict failed in part because they did not address these key issues. And actions must include more than just dismantling recently established settlements, referred to as “unauthorized outposts”. Israel should never have transferred its civilian population into the OPT and given that successive Israeli governments have consistently encouraged Israeli civilians to move to the OPT, Israeli authorities should now provide compensation for settler evacuations and assist them to re-settle. A study conducted by Shalom Achshav (Peace Now) in 2003 found that the majority of Israelis living in settlements would re-locate if offered an adequate economic incentive.
The letter also addresses our continuing concerns about human rights violations in areas under Palestinian Authority control despite training provided under the leadership of Lt. General Keith Dayton, U.S. Security Coordinator for Israel and the Palestinian Authority. Arbitrary detentions, disregard for due process and ill-treatment and torture of detainees in PA detention centers continue to be reported.
We asked that these issues be raised and that U.S. training of PA security forces results in a professional force that respects human rights while providing security.
UPDATE 6/26/09: Ha’aretz, an Israeli daily, published ‘Quartet to urge Israel: Freeze all settlement activity’. A European diplomat said that the Quartet would tell Israel Friday to put a freeze on all settlement activity, including “natural growth”.
President Obama’s strategy of “reaching out to the Muslim world” over the past few weeks has inspired strong sentiments of both praise and derision from across the US to the Muslim world itself. Supporters see him heralding a brilliant new vision for American foreign policy while critics view this vision as little more than naïve pandering.
Among what is widely seen as a departure from the past, the president has stood steadfast on the issue of Israeli settlement expansion, calling for a complete freeze on settlements being built in the West Bank, including “natural growth”. One thing to keep in mind, however, is that this is the same position taken by the Bush Administration in 2003’s Road Map to Peace. By demarking expansion (natural or not) as the only settlement issue, he legitimizes already-built settlements as permissible—though they are anything but. International Law clearly states that “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”, so in order to comply with this, all settlements must be disassembled.
Settlements continue to grow at a staggering rate, with settlement populations in East Jerusalem growing faster than the general population in 2008: 4.5 percent compared to 1.5 percent. There are currently close to 500,000 settlers living in the West Bank.
Tristan Anderson, a 37 year old American, was shot in the head by Israeli forces with a high velocity tear gas canister while participating in an on-going protest of the wall being built illegally by Israel in the West Bank town of Ni’ilin. Another Ni’ilin villager was also shot.
Four residents of Ni’ilin, including children, have been killed while protesting the confiscation of their land in the recent past.
[Note: In 2004, the International Court of Justice found all parts of the wall being built on Palestinian land illegal and that these portions should be removed. Instead the GOI continues to build the wall on occupied territory - including this portion in Ni'ilin.]
According to the IDF, the protestors were ‘endangering security forces’. According to eyewitnesses, the IDF were stationed on a hill overlooking the protest and the protest had already begun to disperse when a tear gas canister was fired directly at people. Tristan was not near any stone throwers or throwing stones himself.
A fellow protestor from Sweden said she could see Tristan’s brain when she went to provide aid and that medical personnel and the ambulance was detained outside the village by the IDF, but were finally allowed to pass and tend to Tristan. The video below shows the paramedics when they arrive on the scene, clearly marked, while the IDF continues to fire tear gas canisters directly at the medics, the wounded and those trying to help.
WARNING: Video provided has some gruesome footage towards the end.
This Monday, March 16 2009 marks the 6th anniversary of the death of another US citizen, Rachel Corrie, who was crushed by an American made Caterpillar bulldozer while trying to negotiate with the driver not to destroy the home of a Palestinian pharmacist in the Gaza Strip. She was 23 years old.
UPDATE (March 13): Orly Levi, a spokeswoman at the Tel Hashomer hospital in Tel Aviv, tells Ha’aretz:
He’s in critical condition, anesthetized and on a ventilator and undergoing imaging tests,” She described Anderson’s condition as life-threatening.
Israeli activist Jonathan Pollack told Ynet:
“… the firing incident took place inside the village and not next to the fence. There were clashes in the earlier hours, but he wasn’t part of them. He didn’t throw stones and wasn’t standing next to the stone throwers.”
“There was really no reason to fire at them. The Dutch girl standing next to him was not hurt. It only injured him, like a bullet.”
UPDATE (March 13 11:50pm): Tristan is sedated and in surgery, being seen by an ophthalmologist, and will likely be in surgery for some time.
UPDATE (March 14 7:42pm: Tristan’s girlfriend, Gabrielle Silverman, talks of trip to hospital and Tristan’s condition on Bay City News and KTVU.
Note: Friends of Anderson will hold a demonstration on Monday at 4 p.m. at the Israeli Consulate, located at 456 Montgomery St. in San Francisco.
UPDATE (March 15): Photo of the new tear gas canister type (with propeller) that hit Tristan Anderson. Photo from www.palsolidarity.org website.
UPDATE (March 15): A public statement by the parents of Tristan and articles written by Tristan can be found at the San Francisco indymedia website.
BACKGROUND INFO:
More information on the two Palestinian minors/children killed in 2008 by IDF in Ni’ilin from www.btselem.org:
Yusef Ahmad Yunes ‘Amira
17 year-old resident of Ni’lin, Ramallah and al-Bira district, injured on 30.07.2008 near the Separation Barrier in the area of Ni’lin, Ramallah and al-Bira district, by gunfire, and died on 04.08.2008. Did not participate in hostilities when killed. Additional information: Died after being critically wounded during a confrontation with soldiers and Border Police.
10 year-old resident of Ni’lin, Ramallah and al-Bira district, killed on 29.07.2008 in Ni’lin, Ramallah and al-Bira district, by gunfire. Did not participate in hostilities when killed. Additional information: Killed when taking part in a procession against the Separation Barrier in Nil’in.
On September 23, 2008 a Jerusalem Post article ran about an incident where tear gas was used against a European Union official and delegation when he was visiting Ni’ilin.
UPDATE (March 23, 2009 2:30pm est): According to Ma’an News Agency, Israeli troops beat some activists and journalists who were gathered for a press conference by Tristan Anderson’s parents in an east Jerusalem neighborhood.
UPDATE (April 17, 2009 12:00pm est): A Palestinian man was killed by Israeli forces in Bi’lin, West Bank by the same tear gas canister type that had critically injured American Tristan Anderson only a month ago during a protest.
Palestinian land was declared ’state lands’ recently by Israel to expand the settlement of Efrat, near Bethlehem. This announcement was made just two weeks before Secretary of State is due to meet with newly elected government officials in Israel.
Settlements aren’t only illegal under international law, but are at odds with American policy. Former Secretary of State Condoleezza Rice repeatedly made trips to Israel, often having to repeatedly condemn settlement activity.
Settlements are an impediment to peace, but also a catalyst for human rights violations including (but not limited to) evictions and home demolitions. Often Palestinian lands are confiscated for direct construction or ‘security reasons’ created by settlement expansion and water confiscation and shortages are a major issue.
B’tselem video on water shortages due to settlement activity:
The expansion of Efrat specifically threatens the environs of Bethlehem such as the Hope Flowers School which is supported by peace groups and churches here in the US. Back in 2007, the BBC wrote a story already alluding to the expansion of Efrat saying,
“Officials say the order was issued because the cafeteria [at Hope Flowers School] was built without a permit, but staff believe it is to make way for the expansion of the adjacent Jewish settlement of Efrat.”
Special Envoy George Mitchell strongly condemned illegal Israeli settlements in his report in 2001 calling on Israel to freeze all settlement activity. President Obama made overtures to the Arab world and showed that he is willing to listen and show respect for their perspectives and human rights
But, will Sec’y Clinton, when she’s in Israel this March, go farther than parroting diplomatic sound bites? Will there be any constructive pressure put upon the parties to move forward, adhere to international law and prior peace agreements or will she continue to spout empty words like Sec’y Rice?
On February 12, 2009, UN Secretary-General Ban Ki-Moon announced that a UN Board of Inquiry had begun its work “to review and investigate a number of specific incidents that occurred in the Gaza Strip between 27 December 2008 and 19 January 2009 and in which death or injuries occurred at, and/or damage was done to, United Nations premises or in the course of United Nations operations.”
While the UN has legitimate reason to be concerned about attacks on UN sites–including the Israeli attack on a UN school, the UN should expand its investigation to examine a broader range of possible war crimes, not just those directed at UN facilities or staff.
In other news, the fighting eslcalated again, with fresh Israel attacks on tunnels in Gaza that Israel says Palestinians use to smuggle weapons. Palestinians insist that the tunnels are the only way to permit food and supplies to enter, given the harsh blockades by Israel even on humanitarian assistance into Gaza. The BBC also reports that Israel “claimed” 425 acres of West Bank land, a possible indication of pro-settler policies by the new Israeli government.
…a leading Israeli newspaper says the Israeli civil administration in the West Bank has designated an area of 172 hectares (425 acres) as state land.
Haaretz says the decision could pave the way for some 2,500 new settlement homes to be built.
However, several steps of government approval are required for building work to begin, which the newspaper says means construction is still a long way off.
Israeli has pledged to freeze settlement activity on occupied land, but it has continued to expand existing settlements, built in defiance of international law since 1967.
Right-wing parties which fared well in Israeli elections on 10 February are strong supporters of the settlement movement, which is seen as a major obstacle to the two-state solution supported by the US.
Amnesty International works to protect human rights worldwide. We have more than 2.2 million supporters, activists and volunteers in over 150 countries, and are completely independent from government, corporate or national interests.
Learn more about us at AmnestyUSA.org »
Geneve Mantri is the Government Relations Director, for Terrorism and Counterterrorism and Human Rights at Amnesty International USA. He is responsible for advocacy for Amnesty International on national security issues including detainees, torture and accountability. See all »
