FOR IMMEDIATE RELEASE
DATE: 8 JUNE 2011
This attack is the latest in a history of similar episodes of settler violence against Palestinians and their property. On 4 October 2010, settlers from the Gush Etzion settlement bloc burned a mosque and sprayed graffiti in the village of Beit Fajjar. On 27 January 2011, settlers from the Yitzhar settlement near Nablus burnt a car and sprayed graffiti on a private home reading “we will not forget Alei Ayin,” referring to the same outpost as the graffiti on the al-Mghayyer mosque.
In a report issued in September 2010, the UN Office for the Coordination of Humanitarian Affairs (OCHA) documented a total of 204 incidents of settler violence, which had taken place between January and August 2010 resulting in Palestinian injuries or property damage. This is double the number of incidents that occurred during the same period in 2009. Al-Haq’s field researchers have monitored many of these incidents and have recorded a notable escalation at the end of 2010 and beginning of 2011. The recent rise in attacks by settlers is a manifestation of the settlers’ ‘Price Tag’ policy, advocating for violence against Palestinians in response to those limited Israeli government decisions and measures intended to restrict settlement construction.
As an Occupying Power, Israel is under an obligation to protect the occupied Palestinian population. In addition to unlawfully facilitating the transfer of Israeli civilians to settlements, the Israeli authorities have failed to take the necessary measures to enforce the law against settlers in violation of its duty of due diligence to repress criminal acts by private actors and to protect persons under its jurisdiction. Israel is duty-bound to adopt preventative measures that ensure the complete cessation and non-repetition of such acts and the incitement thereto by public figures, including settlement public officials and Israeli political leaders.
Israel has consciously granted impunity for settler violence at the expense of the health, safety and livelihood of the Palestinian civilian population, especially those living nearby Israeli settlements in the West Bank, including East Jerusalem. A report by Yesh Din, an Israeli human rights organisation, found that 91 per cent of cases against settlers were closed without filing an indictment, nearly all on grounds that suggest investigatory failures. Recently, the Israeli police closed the investigation into the killing of a Palestinian boy by a settler in May 2010 on the grounds of ‘unfound offender.’
Effectively, Israel’s practice is indicative of its acquiescence to the reality of persisting violence against Palestinians and the widespread dissemination of materials inciting hatred and violence against the Palestinian population. This practice is further corroborated not only by the inaction of the Israeli occupying forces present during these attacks, but also by their use of force against Palestinians in such cases.
The United Nations and United States have condemned the recent attacks, the latter stating that “all sides must do all they can to prevent attacks and incitement of this kind.” Similarly, EU High Representative Catherine Ashton has stated that settlements in the OPT “are illegal under international law, undermine trust between the parties and constitute an obstacle to peace.” The continued campaign of attacks against the Palestinian population reveals that these condemnations amount to hollow gestures that are not followed by Israel’s compliance with international law.
Al-Haq calls on the Israeli authorities to take proper measures to effectively protect the Palestinian population and prevent attacks by settlers, including by holding perpetrators legally responsible for acts of violence and incitement in accordance with the provisions of international humanitarian and human rights law. In all cases, Israel is also under an obligation to adopt effective legal remedies to compensate the victims for the bodily and property damaged suffered.
Above all, the Israeli government is under an unequivocal obligation to bring to an end all settlement construction and dismantle all existing settlements in occupied territory in accordance with its obligations under international law. Al-Haq urges the High Contracting Parties to the Geneva Conventions to uphold their obligation to ensure respect for the Conventions as established under Common Article 1, by taking concrete measures to pressure Israel to halt its violations of international law.
Al-Haq is an independent Palestinian non-governmental human rights organisation based in Ramallah, West Bank. Established in 1979 to protect and promote human rights and the rule of law in the Occupied Palestinian Territory (OPT), the organisation has special consultative status with the United Nations Economic and Social Council.
Al-Haq documents violations of the individual and collective rights of Palestinians in the OPT, irrespective of the identity of the perpetrator, and seeks to end such breaches by way of advocacy before national and international mechanisms and by holding the violators accountable. The organisation conducts research; prepares reports, studies and interventions on breaches of international human rights and humanitarian law in the OPT; and undertakes advocacy before local, regional and international bodies. Al-Haq also cooperates with Palestinian civil society organisations and governmental institutions in order to ensure that international human rights standards are reflected in Palestinian law and policies. The organisation has a specialised international law library for the use of its staff and the local community.
Al-Haq is the West Bank affiliate of the International Commission of Jurists – Geneva, and is a member of the Euro-Mediterranean Human Rights Network (EMHRN), the World Organisation Against Torture (OMCT), the International Federation for Human Rights (FIDH), Habitat International Coalition (HIC), and the Palestinian NGO Network (PNGO).
- Special Topic | Settler Violence