Executive Summary

The Israeli occupation of Palestinian territory is marked by the systematic violation of digital rights through state-sponsored surveillance, censorship, and structural digital inequality. These practices, including bio-metric surveillance, arbitrary arrests based on online activity, social media censorship, and denial of technological infrastructure, constitute a broader strategy of control that mirrors and reinforces the physical restrictions of occupation. The use of advanced surveillance technologies not only infringes on Palestinians' fundamental rights to privacy and freedom of expression, but also threatens global human rights norms through the international export of these technologies.

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Executive Summary

The ongoing genocide in the Gaza Strip has compounded several humanitarian and legal violations, particularly inrelation to the reproductive rights of Palestinian women. Since the launch of its military offensive in October 2023, Israelhas systematically targeted Palestinian women in ways that undermine their ability to survive, give birth, and raisechildren. More than 12,300 women have been killed, 4,700 women and children are missing, and approximately 800,000women have been forcibly displaced. An estimated one million women and girls now suffer from acute food insecurity.Israel’s actions constitute a deliberate attempt to impair the reproductive capacities of Palestinian women, aimed atdismantling the future of Palestinian society. Through the bombing of shelters, destruction of hospitals, blockading ofmedical and hygiene supplies, and attacks on fertility clinics and maternity wards, Israel’s policy of erasure is notincidental, it is intentional.

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Executive Summary

The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is vital inproviding humanitarian aid, education, and health services to Palestinian refugees across Jordan, Lebanon,Syria, and the Occupied Palestinian Territories. Beyond its humanitarian role, UNRWA represents aninternational commitment to Palestinian refugees' right of return, as established in UN General AssemblyResolution 194 in 1948. However, Israel has long sought to undermine the agency through financial, political,and military means.Recent Israeli actions have escalated, with the Israeli Knesset passing legislation banning UNRWAoperations in areas under Israeli control, effectively revoking its legal status. Concurrently, Israel hasintensified military attacks on UNRWA facilities. In the Gaza Strip since October 2023, Israeli forces havetargeted 310 UNRWA sites, destroying schools and killing 273 UNRWA employees alongside hundreds ofcivilians sheltering in its facilities. Throughout the occupied West Bank, the Israeli military has been turningUNRWA facilities into military bases and detention centers, and has closed UNRWA’s headquarters in EastJerusalem. These actions violate multiple international legal agreements and aim to erase Palestinian refugeeidentity and their legal rights.

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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

• Israeli settler violence presents a direct and consistent threat to Palestinian civilians and their property in the occupied West Bank and instances of Israeli settler violence are on the rise.

• From 2010 to 2011 there was a 39 percent increase in incidents of Israel Settler violence. In the five year period from 2007 through 2011 there has been a 315 percent increase. Conversely, over the same 5-year period, there has been a 95 percent decrease in Palestinian violence in the West Bank.

• There is a noticeable shift in the proportion of violence as it occurs geographically in the West Bank. In the past, the southern part of the West Bank saw the largest number of instances but in recent years the northern part of the West Bank is becoming increasingly targeted and has overtaken the southern part of the West Bank in terms of number of attacks.

• The period of the olive harvest annually brings a peak in violent settler activity. The presence of Palestinian civilians in olive groves, where they are easy targets for unrestrained and violent Israeli settlers, is the main reason why this occurs on an annual basis.

• There is a noticeable increase in the frequency and proportion of arson attacks employed by violent settlers. This suggests that violent settlers are increasingly choosing this method of violence and will continue to do so. The percentage of arson among all attack types in 2005 was 6 percent and has risen to 11 percent in 2011.

• While minimal variation in Israeli settler violence over time can be explained as a response to Israeli state actions against settlements, like the dismantlement of outposts, the vast majority of Israeli settler violence is not responsorial but rather structural and symptomatic of occupation.

• Over 90 percent of all Palestinian villages which have experienced multiple instances of Israeli settler violence are in areas which fall under Israeli security jurisdiction.

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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.

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.

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.