This morning (6 Oct. '11), Palestinian farmers from the village of Qusra, south of Nablus, discovered that about 200 of their olive and fig trees were destroyed. The vandalism occurred in an area adjacent to outposts of the Shilo settlement. Last month, the army established a military post on a hill overlooking the valley between the Esh-Kodesh outpost and Qusra. Regardless of whether the soldiers noticed the settlers and chose to ignore them or whether they weren’t present in the area, this is a particularly severe case where the security forces violated their obligation to protect the Palestinian residents and their property.
The army has raised the age of minority in the West Bank from 16 to 18. B'Tselem welcomes the change, which comports with the customary age of minority around the world, including in Israel. However, the accompanying amendments are marginal, and military legislation continues to enable grave breach of rights of Palestinian minors in detention. B'Tselem calls for matching the military legislation with the standards of Israel’s Youth Law.
On Friday, 23 Sep. '11, Israeli civilian Asher Hillel Palmer and his one-year-old son Yonatan were killed when their car overturned on Route 60, near the West Bank village of Halhul. On 25 Sept., the Israel Police said that the father had been struck by a stone that was hurled at the car, smashing the windshield, and that the perpetrators were suspected to be Palestinians. Intentional violence against civilians is prohibited and constitutes a criminal offense. The police must act to bring the perpetrators to justice, in accordance with due process and protection of the suspects’ rights.
On 15 September 2011, the State Attorney's Office, in response to a petition filed by the Palestinian villages ‘Ein Yabrud and Silwad in June 2011, informed the High Court of Justice that the Civil Administration had begun to prepare a “community demarcation” map for Ofra that will set its borders and enable the making of an outline plan. Ofra is an unlawful settlement even according to the rules determined by the Israeli government, and at least 58 percent of its built-up area is registered under Palestinian names.
The discussion will be hosted by Americans for Peace Now, Foundation for Middle East Peace, Churches for Middle East Peace & B'Tselem USA. Wednesday, September 21, 12:00- 1:30 pm, Carnegie Endowment for International Peace Choate Room, 1779 Massachusetts Ave. NW, Washington, DC.
On 31 March 2011, the State Attorney’s Office informed B'Tselem that it rejected B'Tselem’s appeal against closing the file on the assault of members of the Nawaja family, near the Susiya settlement in June 2008. The SAO said there was insufficient evidence to identify the perpetrators. B'Tselem contended that the police had not properly investigated and that the file should be reopened. The SAO contended that the requested actions would not lead to a conviction at this stage.
The report, published today (12 September), documents how security forces have denied residents of a-Nabi Saleh their right to protest and have prohibited demonstrations. In dispersing the demonstrations, the forces use tear gas and other means inside the village itself, harming the villagers. With demonstrations likely to occur following the declaration of a Palestinian state, B'Tselem calls on Israel’s security forces to respect the Palestinians’ right to protest.
According to media reports, the head of the Civil Administration has ordered an end to demolition of Palestinian structures built without permits in Area C. He stating “equality of enforcement” as the reason and noted that the Administration is “very far” from similar enforcement in settlements. These comments contradict the state’s claim before the High Court that Civil Administration policy is based on "the principle of equal enforcement.”
This morning, Palestinians from Qusra, a village south of Nablus, discovered that the village mosque had been torched with burning tyres. On the first floor of the mosque, the tyres left burn marks and windows were shattered. A Star of David and the writing "Muhammad is a pig" and "Aley 'Ayin and Migron = social justice" were scrawled on the walls. The second floor of the mosque was not harmed.
B'Tselem documented three cases in which the air force killed civilians and damaged civilian infrastructure in the Gaza Strip in the past ten days. B'Tselem demanded a criminal investigation in one case and further details in the other cases.
B'Tselem is pleased to take part in the Logo for Human Rights initiative. Nearly everybody knows that a heart symbolizes love and a dove means peace. But what is the symbol for human rights? The answer is that there is none. The Logo for Human Rights initiative aims to fill this gap.
On 22 Aug. 2011, Israel's High Court of Justice has approved surrounding the built-up area of the Palestinian village of al-Walajah with the Separation Barrier – a concrete wall nine meters high and 700 meters long. The wall will separate the village from hundreds of dunams of villagers' farmland. Only one opening will be left for entering and exiting the village, on the road that connects the village to Beit Jala in the east and reaches the area of Malha in southern Jerusalem. The planned route of the wall in the area will also surround the built-up area of the nearby village of Batir.
Almost four years ago, soldiers in a reserve unit killed Firas Qasqas, a civilian who was on a hike with his relatives. On 18 Aug. '11, the State Attorney's Office announced it would prosecute an officer in the case, subject to his being heard. The statement came in response to a petition B'Tselem filed demanding that the JAG’s Office make a decision in the case.
On 21 Aug. '11, the High Court rejected a 2003 petition by B'Tselem and ACRI that an investigation be opened into every case in which soldiers killed a Palestinian civilian who was not participating in fighting. The judges ruled the petition redundant due to the army's recent declaration that every such case in the West Bank will now be investigated. Should the army reduce or stop investigations again, ACRI and B'Tselem will be forced to file a new petition and start litigation anew.
Under international humanitarian law, a breach by one side does not allow the adversary to relate to the entire area from which the rocket and mortar fire is launched as a legitimate military target. Although Israel has the right, and even the obligation, to protect its citizens from rocket and mortar attacks, it must do so by using means that comport with the requirements of international humanitarian law.
Aiming attacks at civilians is both immoral and illegal, and the intentional killing of civilians is defined a grave breach of the Fourth Geneva Convention and a war crime that cannot be justified, under any circumstance. Furthermore, the rockets and mortar shells are illegal weapons, even when aimed at military objects, as they are greatly imprecise and endanger civilians present both in the area from which they are fired and where they land, thus violating two fundamental principles of the laws of war: distinction and proportionality.
B’Tselem strongly condemns the attack yesterday in the south of Israel in which eight Israelis, six men (two of them members of the security forces) and two women, were killed, in several incidents, and dozens were injured. Attacks aimed at civilians undermine all rules of morality and law.
Following media reports on 2 Aug. '11 that administrative restraining orders had been issued against settlers from Yitzhar and nearby outposts in the northern West Bank, B'Tselem stated that the move is an unacceptable means of dealing with lawbreakers. Firm action against settlers who harm Palestinians must be taken through the criminal-justice system, and not by issuing administrative orders based on classified material.
On 2 Aug. '11, the Israeli High Court ordered the state to dismantle the Migron outpost within eight months, following a petition filed by Peace Now. The last time the court gave an order of this kind was in 1979. Migron is the largest of some 100 outposts in the West Bank and was established on private Palestinian land. Although it is illegal under Israeli law, the authorities have never acted to prevent the theft of land.
On 22 July '11, undercover police detained Islam Jaber, a 13-year-old Palestinian boy, in the East Jerusalem neighborhood of Ras al-'Amud. The incident was captured by a nearby security camera. According to his testimony to B'Tselem, the policemen beat him and he was interrogated on suspicion of stone-throwing without his parents present, a violation of the law. He was released with no charge after about an hour. His father filed a complaint with the Department for Investigation of Police.