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Introduction Over the duration of the ‘peace process’ the number of Israelis living beyond the Green Line has tripled from about 200,000 in 1990 to well above 650,000 today. Throughout this Israeli expansion into Palestinian territory the usurpation of Palestinian resources continues to be commonplace. However, in recent years the phenomenon of Israeli settler violence against Palestinian civilians has become a primary concern for the safety and security of Palestinian livelihood. While Israeli settler violence is not new, the extent and frequency with which it is perpetrated today is. This undeniable trend, which has been evident for several years now, seems to be the new normal. For this reason, this study aims to better understand where and how settler violence is happening and what causes it in an effort to understand how best to stop it. Executive Summary
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By: MIFTAH
Date: 20/12/2025
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Sexual and Gender-Based Violence, Reproductive Violence & Starvation: Mutually Reinforcing Crimes- Gaza
Introduction Palestinian women in Gaza are subjected to overlapping forms of violence by Israel that converge into a single, coherent structure of domination. Starvation, sexual and gender-based violence, and reproductive violence do not occur as isolated abuses, but as an interlocking system enacted simultaneously and reinforcing one another. These practices operate across psychological, social, and biological dimensions of harm. While Palestinian women’s bodies are the immediate site of this violence, its intended target is Palestinian society as a whole. By systematically targeting women, Israel undermines collective survival, erodes social cohesion, and attacks the continuity of Palestinian life itself. Taken together, these practices constitute a gendered architecture of genocide that must be recognized and addressed as such. The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) has documented these three crimes throughout Israel’s genocide in Gaza. Firsthand testimonies collected from the Gaza Strip and the occupied West Bank reveal the distinctly gendered impacts of these violations and their cumulative effects on Palestinian women. I. Sexual and Gender-Based Violence Sexual and gender-based violence is systematically instrumentalized by Israel as a means of humiliating and isolating Palestinian women while dismantling family and community bonds. These violations should not be understood as isolated or aberrational incidents, but rather as part of a broader historical pattern in which sexual violence has been deployed as a tool of terror and social control against the Palestinian population. Historical records document that during the 1948 ethnic cleansing of historic Palestine, Zionist paramilitary forces including the Haganah engaged in acts of sexual violence alongside mass killings and expulsions of Palestinians. The Haganah later became the institutional foundation of the contemporary Israeli military. This historical continuity underscores how sexual violence has long functioned as a weapon of war, embedded within military practices aimed at terrorizing civilians and facilitating population displacement. Testimonies collected by MIFTAH fieldworkers across the West Bank and Gaza Strip reveal recurring patterns. Arrests conducted in family homes routinely transform domestic spaces into sites of domination. Soldiers storm houses, often in the middle of the night, restrain family members, destroy personal belongings, steal valuables, and dictate all movement within the home. Male relatives are frequently forced to witness or participate in the abuse of female family members, a tactic designed to emasculate men and dismantle the household from within.
“They ordered my uncle to beat me, telling them if
he didn’t do it, they would. He refused, so the soldier
beat me instead. He was dragging and shoving me until I
was inside the jeep. There, they beat me again before
he closed the door while my brother, uncle and his
children remained outside...He put his hand on my
shoulders and I started to scream. Then the soldier and
female soldier began to make strange, lewd sounds so my
family would think I was being raped.”
-R.A. Al-Khalil, occupied West Bank
Sexual violence also functions as a form of psychological torture in Israeli detention and interrogation settings. Alongside sleep deprivation, starvation, and physical assault, sexual violence is deliberately employed to induce psychological breakdown and assert total control. Testimonies describe forced strip searches, removal of hijabs, invasive bodily touching, slut-shaming, and explicit threats of rape against detainees or their relatives . Testimonies collected by the Palestinian Center for Human Rights (PCHR) describe in detail the systematic use of secual torture in Israeil detention settings. Sexual violence is further enacted through blackmail, including the use of nude or indecent photographs taken during interrogation to coerce compliance or enforce silence. These practices aim to strip women of dignity, break them psychologically prior to or during interrogation, and inflict lasting harm that weakens their sense of self long after release. The full extent of sexual violence against Palestinian women today remains difficult to quantify, as survivors rarely disclose sexual assault or rape causing underreporting to be widespread. This silence reflects structural, legal, and social barriers rather than the absence of abuse. Palestinian survivors of violence perpetrated by Israeli soldiers or settlers seldom pursue legal avenues due to the well-documented lack of accountability within Israeli law enforcement mechanisms, where investigations rarely result in prosecution or redress . Social stigma also plays a role in silencing survivors. In a predominantly conservative social context, sexual violence carries stigma that extends beyond the survivor to her family and community. Israeli forces exploit this reality deliberately, using sexual violence and threats to women’s “honor” as mechanisms of coercion, intimidation, and social fragmentation. In this way, sexual violence operates not only as an assault on individual women, but as a strategic instrument of collective harm. II. Reproductive Violence Reproductive violence targets women’s capacity to give life through the systematic destruction of healthcare systems, maternity services, and the material conditions necessary for survival. It refers to deliberate actions intended to impair an entire population’s ability to reproduce and sustain itself. In Gaza, reproductive violence is not incidental to armed conflict; it is enacted through policy-driven destruction that reflects intentionality rather than collateral harm. This violence is carried out through the systematic targeting of life-sustaining infrastructure, including hospitals, maternity wards, neonatal units, fertility clinics, and embryo preservation centers, as well as the blockade of medicines, medical equipment, and hygiene supplies. The consequences are visible in rising maternal mortality, increased miscarriages linked to malnutrition and extreme stress, untreated reproductive infections, and the repeated displacement of pregnant women seeking care within a collapsing healthcare system . These measures directly undermine women’s ability to safely conceive, carry pregnancies to term, give birth, and raise children. Women’s reproductive health is further compromised by the deliberate obstruction of humanitarian aid and the collapse of sanitation and water infrastructure. The destruction of healthcare facilities, combined with ongoing bombardment and repeated displacement, has rendered movement dangerous and unpredictable, making access to medical care nearly impossible and severely limiting the ability of humanitarian organizations to provide reproductive and maternal health services. As a result, there has been a sharp increase in preventable reproductive health complications. Women report rising cases of fever linked to untreated vaginal infections caused by inadequate hygiene and the absence of feminine hygiene products, as well as unnecessary hysterectomies . Women using intrauterine devices experience prolonged bleeding and infections due to unsanitary living conditions, yet no options for safe removal currently exist in Gaza, posing serious long-term risks to reproductive health and bodily integrity . Women have also been forced to undergo emergency hysterectomies to control excessive post- partum bleeding that could not be managed due to the lack of healthcare. Reproductive violence in Gaza is therefore both biological and symbolic. It constitutes an assault on the present population and on the possibility of future generations. The objective of preventing Palestinian continuity is further evidenced by the sustained and disproportionate killing of children, who have consistently been the most targeted demographic group throughout the genocide. This killing is reinforced by an ideological framework that dehumanizes Palestinian women and children. Public statements by Israeli political and military officials have repeatedly framed the killing of women and children as militarily justified . Within this logic, women are targeted not for their actions, but for their reproductive capacity and their role in sustaining Palestinian continuity. Such rhetoric has informed and legitimized military operations in Gaza. Throughout the genocide, civilian spaces including schools, homes, and hospitals, have been deliberately targeted as a matter of state policy. These are precisely the spaces where women and children sought refuge. The systematic killing and endangerment of women and children is not a secondary effect of warfare but a central component of the broader genocidal strategy.
“I went to the market to buy some things for my twin
babies like diapers and baby formula. That was when I
heard the airstrikes, which shook the entire area. My
heart dropped and I ran back, only to find that my
parent’s four-story house had been bombed over their
heads. There had been over 20 people in the house at
the time, all of whom were martyred, including my
three-month old twin girls. They are still under the
rubble until today. Two months after being displaced in
a school, the occupation army bombed it early one
morning. We were baking bread on an open fire when it
happened. We dropped everything and ran without
thinking. The children were strewn on the ground, their
shredded body parts scattered everywhere. In these
children, I would imagine my twin daughters, who I
could not save or even see, since they were still under
the rubble of our home. I would scream at the horrors,
but tried to help the paramedics and get the wounded
children out.”
- T.K. – Gaza Strip
III. Starvation as a Weapon of Genocide Another grave factor to the reproductive health of women in Gaza has been starvation. Prolonged malnutrition, combined with physical exhaustion, repeated displacement, and lack of healthcare infrastructure, have contributed to increased miscarriages, loss of amniotic fluid, and heightened maternal mortality . Numerous women have reported using prenatal supplements distributed by humanitarian organizations as meal substitutes for themselves or their families, or exchanging them for food and essential supplies. Breastfeeding has become increasingly difficult due to suppressed milk production associated with undernourishment, while infant formula remains largely inaccessible, placing newborns at heightened risk. Chronic stress and nutritional deprivation have also resulted in amenorrhea, fertility complications, and potential long-term reproductive harm.
“I was not prepared to be displaced from one place
to another with my newborn. With the lack of food, we
resorted to alternatives such as wild plants and herbs.
We also turned animal feed into flour, even though this
is dangerous, but we had no choice. My child and I
suffered a lot from extreme hunger. My body has grown
weak and my milk does not fill my baby since I do not
eat well. When there is food, it is only enough to
temporarily quiet the hunger pangs. At other times, we
drink lots of water to feel full.”
-R.S, Beit Lahia
For women in Gaza, starvation functions not only as a form of biological deprivation but as a structural assault on familial roles, social reproduction, and dignity. It undermines women’s capacity to fulfill caregiving responsibilities, destabilizes family life, and produces severe physical, reproductive, and psychological consequences. Women disproportionately experience the embodied impacts of hunger while simultaneously carrying the emotional labor associated with sustaining children and dependent family members. Testimonies collected by MIFTAH from displaced women subjected to Israel’s forced starvation consistently begin with descriptions of pre-displacement life, including homes, employment, family routines, and domestic spaces. The loss of the home, particularly the kitchen, emerges as a recurrent theme, reflecting the erosion of women’s agency and identity. The destruction of homes and domestic spaces traditionally associated with women’s autonomy has contributed to a marked erosion of dignity and self-perception. Reported symptoms include anxiety, insomnia, hair loss, emotional dysregulation, and post-traumatic stress, with many women suppressing their own distress to maintain caregiving roles. Repeated displacement has further exacerbated women’s vulnerability. Multiple forced relocations have resulted in the loss of personal possessions, kinship networks, and community-based support systems. Overcrowded shelters lack adequate privacy, sanitation, and safety, compelling women to manage childcare and food preparation under unsafe and degrading conditions. Everyday survival practices are thus shaped by constant exposure to risk and instability. For women who serve as the primary caretakers of their families, providing for loved ones often comes at great personal risk. They are frequently reducing or skipping their own meals so that their children can eat, often continuing caregiving responsibilities despite severe physical exhaustion . In displacement, they prepare rudimentary meals using limited ingredients and improvised methods, such as cooking lentils over burning toxic materials like plastic. These practices function both as survival strategies and as efforts to maintain a sense of continuity and stability for children amid profound disruption. In these contexts, women disproportionately bear the responsibility of caring for sick, injured, or disabled family members, despite acute shortages of medical care, clean water, and shelter. Overcrowding and unsanitary conditions contribute to widespread illness, while attempts to obtain food or humanitarian assistance expose women and children to ongoing risks of injury or death. Starvation has additionally intensified gendered pressures within households. Men’s inability to secure food or protection has been associated with increased psychological distress, thereby expanding women’s emotional and caregiving responsibilities. For women whose spouses have been killed, detained, or disappeared, starvation enforces sole provider roles under conditions that systematically undermine the possibility of survival. Conclusion MIFTAH has documented violations of sexual violence, reproductive violence, and starvation at various points during the genocide in Gaza. These violations, however, do not occur in isolation; they operate simultaneously, reinforcing and amplifying one another as part of a single system of control. Sexual violence isolates women from themselves and alienates them within their communities. Reproductive violence deliberately targets women because of their childbearing roles. Starvation acts as both a biological and psychological assault. Taken together, these crimes compound one another, deepening harm and undermining the survival of Palestinian women and their communities. A single woman may experience all three forms of violence, being violated in detention, displaced and denied healthcare, and later starved while unable to feed her children. Together, these crimes transform daily life into a persistent site of punishment. They attack the Palestinian female spirit, disrupt women’s societal roles, and, in doing so, fracture society across generations, making recovery increasingly difficult. The failure to confront these violations reflects a long colonial history, in which the rhetoric of “saving women” was used to justify empire while violence against women perpetrated by colonial powers was silenced or dismissed. To resist normalization and impunity, these crimes must be recognized and addressed as mutually reinforcing acts of genocide. Understanding these violations as an interconnected system of oppression is essential to grasp their full impact on Palestinian society. These gendered crimes are not about women alone; they aim to dismantle the foundations of Palestinian life. Women are targeted not only as individuals but as mothers, community anchors, and bearers of generational continuity, while Palestinian society is systematically weakened and broken at its core. Sources and References
By: MIFTAH
Date: 09/12/2025
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Implications of UNSC Resolution 2803 and the Future of Gaza
Executive Summary On 17 November 2025, the United Nations Security Council adopted Resolution 2803, establishing a new governance framework for Gaza. The resolution endorses U.S. President Donald Trump’s Comprehensive Plan to End the Gaza Conflict (CPEGC) and the creation of a transitional international administration through a U.S.-led Board of Peace (BoP) and authorizes an International Stabilization Force (ISF). Rather than ensuring Palestinian sovereignty, this framework transfers control of Gaza’s civil administration, security, reconstruction, borders, and humanitarian aid to external actors, entrenching foreign oversight and further consolidating Israeli dominance over the occupied Palestinian territory. This resolution raises grave legal and political concerns. It departs from foundational principles of international law and undermines the Palestinian people’s inalienable right to self-determination. By providing no mechanisms for accountability for Israel’s documented violations, offering no concrete safeguards for Palestinian rights, and presenting an undefined framework with no clear timeline or benchmarks, Resolution 2803 risks perpetuating systemic injustices, enabling a reconfigured form of occupation, and further entrenching the colonial-style control already in place. To view the Full Policy Paper as PDF
By: MIFTAH
Date: 20/11/2025
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After the Ceasefire: Combating the Famine in Gaza
Executive Summary The outbreak of famine in the Gaza Strip has been a deliberate, man-made policy pursued by the Israeli government as part of its genocide. In August 2025, famine was declared by the Integrated Food Security Phase Classification (IPC) for the first time in the region. Evidence gathered by MIFTAH through sworn testimonies from women and girls demonstrates that starvation in Gaza is not an unintended by-product of war, but a deliberate and systematic policy used to subjugate and besiege the civilian population. MIFTAH’s report, “Famine and the Violation of the Right to Food,” outlines the intersection of starvation, displacement, and bombardment, highlighting the gender-specific impacts these practices have on women. It situates the famine within the framework of war crimes, crimes against humanity, and acts of genocide under international law. Article 8(2)(b)(xxv) of the Rome Statute defines as a war crime the act of “intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions.” The report also shows how the militarization of humanitarian aid and the manipulation of financial systems have turned basic survival into a tool of political coercion against Palestinians, especially women. To view the Full Policy Paper as PDF
By the Same Author
Date: 25/07/2012
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When Settlers Attack
Introduction Over the duration of the ‘peace process’ the number of Israelis living beyond the Green Line has tripled from about 200,000 in 1990 to well above 650,000 today. Throughout this Israeli expansion into Palestinian territory the usurpation of Palestinian resources continues to be commonplace. However, in recent years the phenomenon of Israeli settler violence against Palestinian civilians has become a primary concern for the safety and security of Palestinian livelihood. While Israeli settler violence is not new, the extent and frequency with which it is perpetrated today is. This undeniable trend, which has been evident for several years now, seems to be the new normal. For this reason, this study aims to better understand where and how settler violence is happening and what causes it in an effort to understand how best to stop it. Executive Summary
Date: 30/12/2010
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US must Use the Stick on Israel
When diplomatic sources revealed that the US was abandoning efforts for an Israeli colony freeze, many surely did not know whether to laugh or cry. The first two years of US-Israeli relations under the Obama administration has been a debacle. For the next two, what is learned from that failure, and how it's applied, will be of utmost importance. The failure to get a freeze is not only about the colonies — a colonial enterprise expanding on Palestinian territory that a new Human Rights Watch report called a "two-tier system" that is both "separate and unequal" — but also a test of America's commitment to evenhanded mediation. So-called core issues, including the return of Palestinian refugees and the disposition of occupied Jerusalem, are every bit as difficult as the colonies, maybe more. But obtaining the freeze was a tone-setter, one that would have shown that the US could fairly enforce obligations by both parties. This didn't happen. Instead, during the earlier, temporary 10-month freeze, the Israeli colonies were still being expanded — only new-home construction was frozen — and colonies around occupied Jerusalem were accelerated. When the Oslo peace process began — a process that was based on the principle of a two-state solution — there were 200,000 colonisers in the occupied territories. Over the years, as Israel has claimed it sought peace, it increased the number of colonists to well over 500,000 today, according to the Israeli Central Bureau of Statistics. No legitimate Palestinian leader can negotiate with Israel while it continues to colonise Palestinian land. The US strategy began to fail when it expected the Israelis to freeze colonies upon request. What the Obama administration apparently didn't realise was that Israel would not change its behaviour without an incentive. When that finally became clear, Secretary of State Hillary Clinton made an offer that amounted to a bribe. Generally, the incentive to rectify bad behaviour in the international community — behaviour such as expanding colonies despite road map obligations and international law — is delivered by sticks, not carrots. But the deal offered to Israel, which included billions of dollars worth of advanced F-35s in exchange for a 90-day freeze, was all carrot and no stick. And it didn't work. Despite American prostrations, the Israelis continued with colony expansion, and provocative announcements about colonies around occupied Jerusalem were made just as the offer was reported. All hope for a freeze disintegrated. The message this sent to Palestinians was that the US was incapable of being an evenhanded broker. The US never misses an opportunity to reward bad Israeli behaviour, and Israel never misses an opportunity to squeeze its principal world ally. Ultimately, we discovered that Israel's near-insatiable desire for American carrots is outweighed only by its insatiable desire to colonise Palestinian land. Will Washington learn from this? The Obama administration should not expect the Israelis to do anything without pressure, and this pressure has to be real, tangible and biting. A brazen Israeli Prime Minister Benjamin Netanyahu, undoubtedly emboldened by what he and his right-wing coalition view as a victory in a standoff with President Barack Obama, needs to be presented with a decisive and harsh response to Israel's bad behaviour. Some suggest that abandoning a freeze gives the United States an opportunity to put forward its own plan. But if Washington couldn't muster the strength or the will to press Netanyahu on colonies, can anyone believe it can press the Israelis to accept a deal on the rest of the core issues? It's highly unlikely. The biggest mistake the US has made in the last two years was not its focus on colonies but its failure to use leverage to get the Israelis to stop building them. Has Washington learned the lesson? Perhaps the answer came earlier this month when Clinton delivered a major policy speech at the Brookings Institution. Though she expressed her frustration with the peace process, she didn't signal any change in the US approach. Clinton's message can be summed up succinctly: We will keep doing what we have done and hope for a better outcome. At a moment when the world needed to hear a change in direction, we instead were told that the US is committed to repeating the same failed policies of the past. This is precisely why Argentina, Bolivia and Brazil recently determined they wouldn't wait for the bankrupt US-led process and recognised the state of Palestine. America's political response? Rep Howard L. Berman, a Democrat from California, rushed a resolution to the House floor expressing opposition to such declarations of Palestinian statehood. The resolution, which passed, is a timely reminder of the increasing gap between Washington and the international community on this issue. If there is no change in the US approach to Israeli violations, no one will take this administration seriously: not the Israelis, certainly not the Palestinians, and presumably not the international community. Who can blame them? Yousef Munayyer is the executive director of the Palestine Centre in Washington.
Date: 22/05/2010
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Palestinian Nonviolence Relies on Global Non-Silence
When will there be a Palestinian Gandhi? I'm often asked this question by people who sympathise with Palestinian suffering but are uncomfortable associating themselves with resistance movements that they see as violent or terrorist. The reality of course is that Palestinian nonviolent resisters are not only active today but have a long and storied history in the Palestinian struggle. The real question is: why haven't we heard about them? Like many resisting oppression, Palestinian Gandhis are likely to be found in prisons after being repressed by Israeli soldiers or police or in the hospital after being brutally beaten or worse. In recent years, the Israeli repression of Palestinian nonviolent dissent has increased significantly and Israel is showing signs of transforming into a fully-fledged police state. Even Israeli citizens, both Palestinian such as Ameer Makhoul and Jewish, have faced intimidation in one form or another for being critical of Israel's policies. Surely, Israel has realised that its ongoing occupation, continued colonisation of Palestinian land, and its bombardment of civilian-packed Gaza have significantly and negatively impacted on its image abroad. The images of nonviolent Palestinian protests against the Israeli occupation aren't helping Israel's reputation either. Perhaps that is why recently many nonviolent activists and initiatives have been shut down and repressed. Jamal Juma, Muhammad Othman and Abdallah Abu Rahman may not be household names like Gandhi or Mandela but they have been just as consistent in resisting Israel's illegal segregation wall in the West Bank by organising nonviolent demonstrations for years. And, like Gandhi and Mandela they have paid a price by being arrested on multiple occasions. The Israeli repression efforts extend far beyond the arrests of nonviolent demonstrators against the wall. Last month, Palestinian and international activists sat in front of Israeli bulldozers about to confiscate more Palestinian land for the expansion of a settlement. Soldiers quickly dispersed the crowd and thoroughly pummelled and pepper-sprayed an organiser at point-blank range. Most recently, several leaders of human rights organisations advocating Palestinian rights have been arrested and thrown into jail for allegedly posing security risks to the state. One of them, Izzet Shahin, is a Turkish national whose crime was organising boat shipments of humanitarian aid to the besieged people of Gaza. During past attempts to bring supplies to the blockaded strip, the boats were commandeered by the Israeli navy and the nonviolent activists were arrested before being deported even though they had never entered Israeli waters. The list goes on, and despite the increase in Israeli repression, Palestinian nonviolent resistance is nothing new. While some have adopted an Israeli narrative that identifies nonviolent Palestinian dissent as something new, the reality is that Palestinians have consistently chosen nonviolent resistance before arms – from the general strikes of 1936, to the consistent appeals to international legal bodies, to the weekly demonstrations against the wall. It has been the continued dispossession at the hands of Israel, and the silence of the international community despite these nonviolent efforts, that has led some Palestinians to view violence as the only option. Alas, it is often the major explosions that make headlines and not the nonviolent demonstrations or their violent repression by Israel's secret police or its military occupation. That's why some still wait for a Palestinian Gandhi despite the fact that they have taken many a beating and seen the inside of many a jail cell. When an Iranian protester – Neda – was shot and killed last year, the world knew her name – so did President Obama. But most would be hard-pressed to name one of the many nonviolent protestors in Palestine who have been arrested, beaten, shot or even bulldozed to death. The international community has an obligation to Palestinian nonviolent activists. Leaders cannot simply call on Palestinians to abandon violence in the face of Israeli occupation and remain silent when the nonviolent activists are politically repressed. This only reinforces the idea that the use of force reigns supreme and that Palestinians have no choice but to accept hardships at the hands of their Israeli lords. Sadly, the same leaders who call on Palestinians to abandon violence have been silent in the face of Israeli repression. By condemning violent Palestinian resistance while remaining silent in the face of Israeli crackdowns and political arrests, they are simply endorsing violence against civilians by one side instead of the other. The United States should take the lead in condemning Israeli repression of nonviolent dissent, just as they would in Iran, Burma or apartheid South Africa, because nonviolent dissent is not only a critical part of the Palestinian struggle but it is an American value as well.
Date: 14/04/2010
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Ethnic Cleansing By Any Other Name - Changes in Israeli Military Orders Effective Today Target Palestinians
Background The West Bank has been occupied by Israel since 1967. Israel maintains authoritative jurisdiction over the happenings in the West Bank via its military apparatus. Decisions governing the simplest aspects of Palestinian life, from traveling from one area to another to building a home, ultimately lie under the jurisdiction of the Israeli Military's High Command in the West Bank. In October of 2009, amendments were made to military orders governing the legitimate presence of persons in Occupied Palestinian Territory. The changes, effective six months after the signing of the orders, are beginning to take effect. It is important to note that Palestinians are not in control of the Palestinian population registry. Israel maintains strict control over this database and continues to do so. It is because of this that Israeli authorities can determine the residencies of Palestinians and only through the Israelis can the Palestinian Authority issue identification documents. Changes in Israeli Military Orders The main changes come as amendments to the Israeli Military Order No. 329 titled "Order Regarding Prevention of Infiltration" which was signed into effect two years after the occupation began in 1969. This order defines so-called "infiltrators" as persons who "enter the Area knowingly and unlawfully having been present in the east bank of the Jordan, Syria, Egypt or Lebanon." In 1969, prior to peace treaties with Egypt and Jordan, infiltrators as defined by this order were persons entering the West Bank from enemy states. The amendment to this order, order number 1650, signed in late 2009 changes this definition to "a person who entered the Area unlawfully following the effective date, or a person who is present in the Area and does not lawfully hold a permit." [emphasis added] The original order also defines a "resident of the Area" as a "person whose permanent residence is in the Area." The new order eliminates this definition, apparently leaving determination of residency in the hands of military commanders. Further, the original order states that a person that is present in the West Bank without documentation of their residency bears the burden of proving that he did not infiltrate the area. The amendment changes this language significantly and simply states that any person present in the West Bank without a document or permit is "presumed to be an infiltrator." The amendment adds that a lawful document or permit is only one that is issued by the commander of the Israeli Military in the West bank or someone acting on his behalf. Changes have also been made to the punishments levied against those considered so-called "infiltrators". The amendments to the order now specify that deportation orders can be carried out as early as 72 hours from the issuance of the order and in some cases even sooner. Further, the Palestinians targeted for deportation will be held liable for the expenses of their deportation up to 7,500 NIS. Under the amendment, a military commander is permitted to seize monies held by the deportee to cover the expenses. The section of the order on the sentencing of an alleged "infiltrator" was also modified. The old statute condemned an "infiltrator" to "imprisonment of fifteen years or a fine of 10,000 Israeli Lira or both". The new order seems to condemn Palestinians to imprisonment regardless of their innocence. Read closely the section below: A. "The infiltrator shall be sentenced to a term of imprisonment of seven years. B. The provisions of Subsection (A) notwithstanding, where an infiltrator has proven his entry into the area was lawful-he shall be sentenced to a term of imprisonment of three years" A second amendment issued at the same time, Order No. 1649, establishes a committee to review deportation orders. However, hearings before this committee are for those held in custody in the process of deportation and the order stipulates that they be allowed a hearing before the committee no later than eight days from the issuance of the deportation order. The obvious problem which arises is that when deportation orders are executable in 72 hours, a Palestinian may be deported before they have a chance to have a hearing. The collective effects of the changes made by the new orders yields an increased ambiguity that can be dangerously exploited to target Palestinians and others in the West Bank. Implications for Palestinians Residing in the West Bank The changes made to these orders may lead to sweeping changes in the lives of Palestinians in the West Bank. Effectively, this order makes every resident of the West Bank subject to treatment as an alleged "infiltrator" and prosecution/deportation under this order for simply being unable to produce identification on the spot or not having the ambiguously defined and potentially unattainable identification mentioned in the amendments. Two particular Palestinian communities will face increased difficulties because of these changes: Palestinians with Gaza Residencies and Palestinians with East Jerusalem Residencies. Palestinians from Gaza - Palestinians which are either born in Gaza or maintain permanent residence in Gaza but reside in the West Bank are now subject to prosecution/deportation under this new order. This is a clear violation of the Oslo Accord agreements which stipulated that Palestinians from Gaza and the West Bank would be treated as one nation and also a violation of international law which treats the peoples of the West Bank and Gaza as one nation under a single occupation. While it is unclear exactly how many Palestinians from Gaza are currently living in the West Bank, it is certain that this number is in the tens of thousands and possibly higher. This number has also increased in recent years as the prosperity gap between the West Bank and Gaza widened due to an Israeli siege leading many Palestinians in the Gaza Strip who were able to come to the West Bank to do so. Aside from families which may have moved from Gaza to the West Bank, many married couples in which one spouse is a resident of Gaza will face forced separation because of the change to this order. Students who have residency in Gaza but study in the West Bank are also vulnerable to prosecution/deportation under this order. While cases like this are not new, this new order will certainly expedite separation and make legal objections far more difficult, placing an insurmountable burden of proof upon Palestinians for the "crime" of living on their land. Palestinians with Jerusalem IDs - Another group that may face difficulties because of this order are Palestinians with Jerusalem IDs. Palestinians who reside in the territory that Israel refers to as East Jerusalem number approximately 270,000. These Palestinians have Israeli issued residency cards, which gives them a status between Palestinian Citizens of Israel and Palestinian residents of the West Bank. In an attempt to annex Jerusalem's geography without its demography, Israel permits these Palestinians residency without citizenship. Should Palestinians with Jerusalem IDs be present in the West Bank where they may have numerous family members as well as commercial ties, they too may be treated as infiltrators under this ambiguous order. It is conceivable that Palestinians with Jerusalem IDs prosecuted under this category may eventually lose their residency rights as a result of prolonged incarceration preventing the renewal of their residency. Implications for Foreign Born Residents in the West Bank Another category which may be targeted under the changes to this order are foreign born residents of the West Bank. People in this category are most often the spouses of native born Palestinians who reside with their families in the West Bank. A Palestinian born in Jordan, for example, who married a West Bank Palestinian will not have an Israeli issued ID proving residency in the West Bank and will therefore be subject to prosecution/ deportation under these changes. Implications for Foreign Born visitors in West Bank The change in definition of "infiltrator" in the old order now seems to allow for the deportation of persons who are foreign born visitors in the West Bank as "infiltrators". Citizens of foreign countries, like the United States or the United Kingdom for example, who enter into Israel without permission to be in the West Bank can be deported. While this is not expressly stated, it is the clear outcome of the sum of the policies in place. This may be part of an ongoing Israeli effort to silence dissent and crack down on international solidarity members and activists who travel to Palestinian areas to support protests and rallies often bringing with them the eyes of the outside world. The broad language in these orders basically allow the military regime that governs the occupied West Bank to arbitrarily deport or incarcerate nearly anyone present in the area. In sum, the changes to these orders create a dangerous ambiguity with little protection for the most vulnerable under occupation: the Palestinians. Increasingly, Palestinians find themselves in the cross hairs of policies designed to force them off their land. It is important to keep in mind that in recent years, Israel's altering of residency policy in Jerusalem has led to a dramatic spike in residency revocations. It happened in the mid-1990s and it culminated in 2008 with a record high 4,800 residency revocations of Palestinians in Jerusalem. There is little doubt that Israel has both the motive and the tendency to use these types of policies as tools for ethnic cleansing. With such ambiguity in these orders, a history of ethnic cleansing and the capacity to carry out such horrific acts, the world should be very wary of what is happening in the Israeli occupied West Bank where Israel is charged under international law with the protection of the native population and not its endangerment. At a time when the United States and the International community have asked Israel to do more to restart peace negotiations, this is a clear and significant step in the opposite direction. Yousef Munayyer is Executive Director of the Palestine Center. This policy brief may be used without permission but with proper attribution to the Center.
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