“The Israeli Authorities are putting Palestinians in an Impossible Situation. Whatever Choice they make, they face homelessness”- Amnesty International.
Introduction:
- Since the occupation of the West Bank -including east Jerusalem- and the Gaza Strip in 1967, the government of the State of Israel has commenced in a policy of forced displacement of Palestinians.
- One of many measures of forced displacement utilised were house demolitions.
- According to B’Tselem, house demolitions persisted in the Gaza Strip from 1967 until the unilateral disengagement from Gaza in 2005, and commenced in the enforcement of a land, naval and air blockade.
- According to the UN, since the Hamas take over in 2007, Gaza has been subjected to 3 wars, in 2008/2009, 2012 and 2014 that rendered thousands of Palestinians displaced.
- According to the Office of Coordination of Humanitarian Affairs (OCHA), the 2014 war on Gaza led to the destruction or severe damage of the houses of 100,000 Palestinians, 65,000 of which remain displaced.
- House demolitions in the West Bank, including east Jerusalem, can be divided under two main categories: administrative demolitions and punitive demolitions.
- According to the Israeli Committee Against House Demolitions, 48,488 structures have been demolished by Israeli authorities since 1967.
- Palestinians are prohibited from rebuilding their houses on the same site, whether they were executed through administrative orders or as a punitive measure.
Administrative House Demolitions
- Administrative house demolitions primarily take place in Area “C”, comprising 60% of the West Bank and 241 communities, and east Jerusalem.
- Administrative house demolitions are those undertaken under the pretext of the lack of necessary building permits that are very difficult to obtain.
- According to B’Tselem, Palestinians residing in Area “C” in the West Bank are priori prohibited from building on 70% of the land in light of the designation of the land into these overlapping categories:
- 36.5% of the land as “state land”
- 20% as survey land
- 63% of the land under the jurisdiction of the settlements’ local and regional councils.
- Even in the remaining 30%, severe restrictions are imposed on the granting of building permits, such that only 1% of Area “C” has been planned for construction. During the first half of 2016, of 428 applications submitted for building permits, 391 (91%) were rejected.
- To date, according to OCHA, 110 local outline plans for 119 communities have been prepared. However, as of the end of 2016, only 3 plans have been approved by the Israeli Civil Administration out of the 95 submitted.
- According to OCHA, between 2010 and 2016, the number of demolished structures in Area “C” reached 4,039, leading to the effective displacement of 6,084 Palestinians.
- The Israeli United Jerusalem Town Planning Scheme, the planning and construction blue print of the Jerusalem Municipality, allocates and categorises land in east Jerusalem as follows:
- 35% of the land was confiscated for “public purposes,” mostly for the construction of settlements.
- 22% was designated as green land.
- 30% remains unplanned.
This only leaves 13% for construction, much of which is already built up.
- According to the Civic Coalition for Palestinian Rights in Jerusalem and Al-Shabaka, the application process to acquire building permits is complicated and expensive, as follows:
- The process can take 5 to 10 years.
- The requirements to obtain building permits include an adequate road system, parking spaces, and sanitation and sewage networks –elements over which Palestinians do not have control.
- The process costs approximately $30,000.
- According to the society of St. Ives, only 7% of the building permits issued in the past few years was granted to Palestinians and only 5% of Palestinian applications were granted.
- Consequently, Palestinians are forced to build or expand their houses illegally. As such, according to BADIL, it is estimated that at least 33% of all Palestinian homes in east Jerusalem lack building permits, placing over 90,000 individuals at risk of displacement.
- According to the Palestinian Central Bureau of Statistics, the year 2016 witnessed the demolition of 645 housing units and facilities, rendering at least 2,180 Palestinians forcibly displaced, 1,108 of which were minors.
- According to B’Tselem, at least 696 housing units have been demolished between 2004 and 2017, rendering 2,552 persons homeless, 1,389 of which are minors.
- According to OCHA, 652 structures have been demolished between 2010 and 2016, rendering 1,157 persons forcibly displaced.
Punitive House Demolitions
- Punitive house demolitions are those targeting the family homes of perpetrators of attacks against Israelis, including those killed during the attacks.
- This measure has been used as deterrence since 1967. In February 2005, the various Israeli authorities involved in house demolitions (Civil Administration, Ministry of Interior and Jerusalem Municipality) ceased to utilise this procedure in light of the findings of the report of the Shani committee, which stated that their deterrence efficiency was questionable.
- However, since June 2014 the utilisation of the procedure has resumed, when three settlers were allegedly kidnapped and killed.
- According to OCHA, 682 punitive demolitions have taken place from 1967 to 2005 and from June 2014 onwards. 57 structures have been demolished since June 2014, leaving 332 homeless, 182 (54.8%) of which were minors.
International Legal Framework Prohibiting House Demolitions
- Administrative and punitive house demolitions violate Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) on an adequate standard of living, including housing.
- While the applicability of international human rights law, including ICESCR, is said to be disputed by some legal scholars, the International Court of Justice iterated in its ruling on the Wall in 2004 in paragraph 112 that the ICESCR applies to the occupied Palestinian territory.
- In accordance with Article 42 of the Hague Regulations of 1907, the occupation of the West Bank, including the annexation of east Jerusalem amounts to an occupation, since the territory was placed under the authority of the hostile army.
- Therefore, the Geneva Conventions of 1949 apply in accordance with common Article 2(2) that sets the scope of the conventions to include partial and total occupation.
- Administrative and punitive house demolitions are in violation of several Articles of the “IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War on 12 August 1949,” as follows:
- Article 33 on individual responsibility, collective penalties, pillage and reprisals, renders punitive house demolitions illegal in light of its prohibition of collective punishment.
- Administrative and punitive house demolitions are as well illegal measures in light of the prohibition of Article 49 of individual and mass forcible transfer.
- Administrative and punitive house demolitions are further rendered illegal due to the prohibition in Article 53 of destruction of personal property.
- Administrative and punitive house demolitions are also in violation of the Rome Statute of the International Criminal Court, and amounts to a crime against humanity (Article 7) and war crimes (Article 8), as follows:
- Article 7(1)(d) states that “deportation or forcible transfer of a population” is a prohibited act that amounts to a crime against humanity.
- Article 8(2)(iv) states that “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” is a prohibited act that amounts to a war crime.
- Article 8(2)(vii) states that “unlawful deportation or transfer or unlawful confinement” is a prohibited act that amounts to a war crime.
- Each of the aforementioned prohibited acts contains several elements of crimes that encompass the contextual element and characteristics of the act:
- The contextual element of crimes against humanity is the act being systematic and/or widespread and pursuant of a state policy.
- The contextual element of war crimes is an international armed conflict.
- Since the individual elements of crime of the three aforementioned prohibited acts are fulfilled through ample evidence generated through documentation of violations over the past decades, the realms of international criminal justice could prove to be the optimal medium for accountability.
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Healthcare Restricted: Female Cancer Patients in Gaza
Date posted: June 07, 2023
By MIFTAH
Background:
The Israeli-imposed siege and the frequent aggressions targeting medical facilities in Gaza have debilitated the health sector and its capacity to provide proper medical services. This is exacerbated in cases of chronic diseases, which gives rise to a need to leave the Gaza Strip to receive medical treatment in the occupied West Bank, including Jerusalem, or elsewhere. However, Israel imposes a strict and discriminatory permit regime, which has a disproportionate impact on medical patients given their conditions, and it is not unusual for these permits to be significantly delayed or ultimately refused by Israel.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) collected questionnaires from 102 women diagnosed with cancer in the Gaza Strip to assess the quality of the treatment, availability of equipment, accessibility, and referral process.
The full report is accessible here.
Conclusion and recommendations:
The 16-year-long Israeli-imposed blockade and closure on Gaza have had detrimental impacts on the health sector in the besieged Strip. Specifically, the siege has compromised the ability of the healthcare sector to deliver proper medical services due to the absence of crucial medication, equipment, and supplies under flimsy security pretexts. Ultimately, frequent aggressions and targeting of health facilities and the Israeli-imposed siege on Gaza compromise the availability, accessibility, and quality of healthcare services available to Palestinians in Gaza.
MIFTAH urges the international community to:
- Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
- Exert pressure to lift the blockade on the Gaza Strip and allow for the free movement of people and goods;
- Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
- Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
The summary factsheet is accessible here.
Financial indicators for the Family Protection Bill
Date posted: May 17, 2023
By MIFTAH
The legislation of the family protection bill is aimed at the protection of the family itself as an institution, and to guarantee its preservation. Palestinian legislators are aware of the importance of this bill, which is why all ministries and official institutions committed to developing its relevant programs, policies and plans, each according to their field of expertise. Their goal is to contribute to the promotion of a culture that combats domestic violence and encourages the response of public policies to this objective, through education, health, legislation and the media. Another objective is to track the bill’s impact and periodically assess it in cooperation with other civil societies. This paper focuses on some of the financial indicators pertaining to this bill.
All family members in Palestine are subjected to violence, including children, minors, women and men. However, married women remain the sector most vulnerable to domestic violence according to a 2019 Palestinian Central Bureau of Statistics survey. It said 29.4% of married women had been subjected to at least one type of violence by their husbands as opposed to 13% of men who had been subjected to violence by their wives, by their own confession. A total of 44.7% of individuals who have never been married have been subjected toviolence;7.6% of the elderly and 44.2% of children(12-17yearsold) were the victims of violence at the hands of one of their parents. Although a high percentage of women have been victims of violence from their spouse, a considerable percentage of these women, around 60.3% preferred to stay silent about the assault. Only a small percentage of women asked for help through official avenues; 2.9% went to a defence lawyer to file a lawsuit against their husbands, 1.3% went to the police or a family protection unit and 1.4% went to the centres for mental, social and legal aid.
Financial indicators for the Family Protection Bill
| Article of Bill/Law by Decree | Relevant party | Estimated cost |
| Article(4) specialization of Ministry of Social Development: The Ministry, in cooperation with government and civil society organizations, provide the following services to victims of domestic violence: 1.Protection and fulfilment of needs of the victim; economically and socially empowering her and reintegrating her in society in order to preserve the family fabric, while ensuring not to equate the victim with the perpetrator. 2.Appointing protection counsellors in all directorates and qualifying them to deal with domestic violence cases 3.Providingsocial, psychological and legal experts to provide victim support 4.Ensuringthe provision of social, psychological, health and legal services to domestic violence victims in coordination with relevant parties. 5.Preparing rehabilitation programs for perpetrators of domestic violence crimes 6.Coordination and cooperation with government and civil society organizations to provide the necessary training for the enforcers of this law by decree. Preparing the necessary preventative plans and programs against domestic violence |
Ministry of Social Development | ILS12 million over 3 years on average of ILS4 million year, based on a study prepared by the Ministry of Social Development |
| Article 6: Family and Minors Protection Police: In accordance with the provisions of this bill/law by decree, a family and minor protection police will be established, with branches set up in all districts of the homeland. It’s specializations are the following: 1.Goingtothe place of the domestic violence incident when the informer states that the violence has occurred, is about to occur is ongoing; or in case of violation of a restraining order, even if the informer is not the victim 2.Providingfree 24-hourhotlinestohelp victims |
Palestinian police and Family and Minors Protection Department
Reform and Rehabilitation Centres Department |
ILS7.3 million/year (the study is based on the number of those working in the family and minors protection department and their mean salary)
ILS1.3 million/year (the study is based on the number of those working in reform and rehabilitation enters, which includes special sections for women boarders) |
| Article7: Family Protection Prosecution 1.In accordance with the provision of this bill/law by decree, a prosecution’s office will be established to follow up on domestic violence cases in all districts and will operate under the supervision of the Attorney General in accordance with penal measures in force. 2. This family protection prosecution office will promptly investigate domestic violence incidents while also preserving the privacy and dignity of the victim |
Family Protection Prosecution | ILS1.7 million, based on the number of relevant prosecution agents and their mean salaries |
| Article10: parties qualified to issue restraining orders 1.Restrainingorders will be issued by the following parties of their own accord: a. Family Protection Prosecution b. The presiding judge |
Presiding judges | ILS1.9 million, based on the number of judges and their mean salaries |
| Total expected estimated cost | ILS16.2 million |
The table above shows that the estimated and main additional cost of the Ministry of Social Development to be around ILS4 million a year, considering that the other parties (police, prosecution and courts) are currently carrying out their roles without fully allocating specialized departments for protection from violence. However, if these parties do allot specialized departments for protection from violence, overall costs will reach approximately ILS16.2 million. Nonetheless, even if this cost is incurred, it still only comprises a small part of public expenditures, approximately 0.1%. Overall public expenditures for 2022 amount to approximately ILS16.2 billion, which means the cost of passing this bill and implementing its provisions will not constitute financial burden on the general budget and will not be an obstacle to ratifying the law by decree.
Furthermore, it should be noted that while it is imperative to calculate some of the costs resulting from violence against women, the reaerate the high costs as well. The secret social costs, which impact society as a whole. Data from the Ministry of Social Development showed (see graph), that violence exercised against women has prompted around 60% of them to flee their homes. Also, 18% of them attempted suicide in addition to suffering from mental and physical illnesses, unwanted pregnancies or others. Calculating expenses incurred from violence is not an easy process and there are no national data or figures that can measure the impact violence has on the state’s general budget due to the prevalent mentality towards violence as an issue associated only with women. This is especially true when the conversation is about the indirect and intangible effects of violence, including:
Violations of human rights; negative social, economic and political impacts; working women who get sick and need to take sick leave; lack of focus and productivity; impact of violence on children and academic failure; the rise in the percentage of school dropouts among children; the rise in long-term unemployment rates; the percentage of homeless children who become a burden on society; government expenditures for medical treatment; safehouses; therapy; monitoring cases of violence against women; individual expenses for following up on legal cases and lawyer fees; loss of income because of repeated absence from work or inefficacy; social expenses resulting from the breakup of the family; expenses of training individuals on how to deal with cases of violence; expenses for issuing laws and legislation on the protection of women from violence.
Confirmation of the above is that the UN believes the economic, social and health costs of violence against women are, to a large extent, undocumented and unrecognized. However, these remain colossal, according to researchers, specialists and defenders of women’s rights.
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Israeli state-sanctioned settler terrorism: A gendered lens
Date posted: April 26, 2023
By MIFTAH
Background:
The illegal Israeli settlement project, including settler-only bypass roads, military checkpoints, and the annexation wall, continues to expand and steal more Palestinian land and resources. As of today, the number of illegal Israeli settlements in the occupied West Bank, including Jerusalem, is close to 300, with around 750,000 Jewish settlers residing in them.
Israeli state-sanctioned settler terrorism against Palestinian civilians and property is prevalent and has been on the rise in recent years. Violence takes the form of psychological, physical, and verbal violence, including beating, throwing stones or sharp tools, intimidation, shooting, verbal assaults, and assaults on agricultural lands, cars, and homes. Such attacks are committed in the presence of Israeli occupation forces who often join them.
The high frequency of these forms of violence and their persistence give rise to psychological, physical, and material harm. Palestinian survivors of settler terrorism seldom press charges and file complaints against Israeli settlers given the complicity of the Israeli law enforcement system.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) and the Women’s Center for Legal and Counseling (WCLAC) collected questionnaires from 229 Palestinian women covering settler violence in the occupied West Bank governorates of Al-Khalil/Hebron, Bethlehem, and Jerusalem.
MIFTAH calls on the international community to:
Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
Stop all relations and trade with illegal Israeli settlements including international companies that profit from them;
Criminalize and blacklist Israeli settler groups that engage in terrorist activities and hold those with dual citizenship accountable in their respective states;
Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
