The Israeli Security Fence

international | crime and justice | opinion/analysis Thursday March 25, 2004 11:00 by onefukedupkid

Report into the fence

REPORT ON THE PROPOSED ISRAELI SECURITY FENCE

1.0 TERMS OF REFERENCE

This will investigate the legality under international law and human rights abuses of the proposed security fence currently under construction by the Israeli Government. It will look into the difficulties now faced by the Palestinians and the reasons it is being built.

2.0 PROCEDURE

In order to obtain the relevant information and opinions the following procedures were undertaken for the report:

2.1 The history of this region of the Middle East was looked into in order to discover the reasoning of both parties involved.
2.2 Various books and websites were viewed in order to obtain relevant facts about the situation.
2.3 Quotes of both supporters and the opposition were viewed in order to get peoples feelings on the matter.

3.0 FINDINGS

3.1 Israel’s Justification For The Security Fence.

3.1.1 Protection Against Palestinian Suicide Bombers And Militants

For the period September 29th 2000 to the 1st of March 2004, 834 Israelis have been killed while another 541 have been severely injured by Palestinian violence and terrorism.1

3.1.2 The Will Be Free Movement Through The Fence For Palestinians.

According to the Israeli government free access through wall’s checkpoints will be granted unless there is doubt about the reason for travel.2

3.1.3 For The General Security Of The State Of Israel.

Since it’s foundation in 1948 Israel have been involved in 11 wars against it’s Arab neighbors.3 The sheer size of the fence (a proposed 220 miles long and up to 8m high in places) compared to the Berlin Wall (3m high and 91 miles long) shows an almost military dominance against it’s neighbors.

3.1.4 It Isn’t A Wall

Although most people against the fence call it a wall only a small percentage (6%) of the project will be a wall. The rest will be high fences, trenches, watchtowers and electric fences to name but a few barriers.


3.2 Reasons For Palestinian Opposition

3.2.1 Palestinians Claim They Are Cut Off From Their Land.

The Fence often strays off the Israeli border (the green line) and delves deep into Palestinian land (up to 6 miles at times). It should also be noted that the wall often cuts the best Palestinian farming land meaning farmers must cross the checkpoints to carry out their work.

3.2.2 Palestinians Claim They Cannot Pass The Checkpoints.

Although the Israelis have claimed ease of movement there have been many reported incidences of this being far from the truth as the following quote from a reporter from the Sunday Herald Online shows;

“…an hour spent observing it (the checkpoint at Qalqiliya) showed this will almost certainly not happen. Countless people were turned away, in particular those from the nearby village of Jayyous which has been very active in campaigning against the wall and has attracted a lot of international media attention. Others were kept for up to one hour for no reason”2

When the same paper asks why they are given this response;

“Because I feel like it,” says the checkpoint's commander, Erez Kalderon. I'm allowed to keep them for as long as I feel.”

3.2.3 Palestinians Claim The Fence Is Nothing More Than A Land Grab.

Under Israeli law if a farmer cannot harvest or plant in his land for three consecutive seasons4 then the state of Israel receives the land. With the difficulty now faced by Palestinians trying to cross the barrier added to the fact that internment is regularly used by the Israelis (there are currently 1200 prisoners held in Israeli prisons without trial) then it often near impossible for farmers to get to their lands.


3.3 The Fence Under International Law

3.3.1 Article 53 And 147 Of The Forth Geneva Convention.

Article 53

“Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations."

Article 147

“Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention:
...
extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly."

Any country or state in breach of these articles are subject to penal sanctions and must bring the person(s) responsible to court regardless of nationality.

3.3.2 Humans Right Watch

On February 23 2004 ‘Humans Rights Watch’ released a briefing paper that claimed

“The construction, route and operation of Israel’s separation barrier inside the West Bank violate international human rights and humanitarian law5”

3.3.3 The United Nations

The UN Security Council draft resolution S/2003/980 states that

"...
Reiterating its call upon Israel, the occupying Power, to fully and effectively respect the Fourth Geneva Convention of 1949,
Reiterating its opposition to settlement activities in the Occupied Territories and to any activities involving the confiscation of land, disruption of the livelihood of protected persons and the de facto annexation of land,

1. Decides that the construction by Israel, the occupying Power, of a wall in the Occupied Territories departing from the armistice line of 1949 is illegal under relevant provisions of international law and must be ceased and reversed
..."

This resolution was passed by 144 votes to 4 with 12 abstentions.

4.0 CONCLUSION

In the working parties view this wall is in clear breach of international laws and responsible for numerous human rights abuses by almost completely blocking travel through the checkpoints and therefore cutting Palestine citizens from water, jobs, farmland and education. However due to the constant threat of attacks from militants or other extremists Israel needs some protection against further atrocities.

5.0 RECOMMENDATIONS

As a result of the investigation into Israel’s security fence, the working party recommends the following steps are taken;

5.1 The sections of the fence that stray from the green line should be demolished without question and rebuilt either on the green line or in Israeli territory.

5.2 The Palestinians must cease there terrorist action in the State Of Israel. It is this action that has almost 80% of Israelis in favour of the fence.

5.3 Israel must stop it assassination policy as it is the murder of Palestinian leaders and bystanders that spark Palestinian hatred.

5.4 International law must be enforced. The U.S.A. must stop giving aid to Israel ($4 Billion a year) and impose sanctions on Israel.

5.5 Aid should be given to the Palestinians as Palestine has been badly damaged in the last number of years with hospitals and schools being demolished.


6.0 REFERENCES

1 http://www.mfa.gov.il/mfa/go.asp?MFAH0ia50
2 http://www.sundayherald.com/30424
3 http://www.historyguy.com/arab_israeli_wars.html
4 http://www.axisofjustice.org
5 http://hrw.org/english/docs/2004/02/23/isrlpa7583.htm