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Written by Subject: Israel - Palestine
Israeli Oppression in Hebron - A Case History of Separation, Forced Displacement and Terror - by Stephen Lendman


Its human rights work is wide-ranging, carefully researched, and thoroughly cross-checked with relevant documents and other official government sources. It also relies on additional information from Israeli, Palestinian, and other human rights organizations. From them, B'Tselem publishes scores of reports, some quite comprehensive in scope. One of them was 107 pages in length and prepared in May, 2007. It's titled: "Ghost Town - Israel's Separation Policy and Forced Eviction of Palestinians from the Center of Hebron." It recently came out in print form and is available on request.

This article summarizes its findings. They're from a joint effort between B'Tselem and the Association for Civil Rights in Israel (ACRI), Israel's leading human and civil rights organization and the only one addressing all rights and liberties issues. ACRI was founded in 1972, is independent and nonpartisan, and leads the struggle for these issues in Israel and the OPT through litigation, legal advocacy, education, and public outreach. ACRI believes civil and human rights are universal. They must be "an integral part of democratic community building and.... a unifying force in Israeli public life" for everyone, especially those most marginalized, disadvantaged and currently persecuted by state authorities.


Hebron's City Center is a case study example. It was once a thriving commercial and residential area. Today it's a "Ghost Town" because Israel destroyed its fabric of life through a state-imposed policy of land seizures, extended curfews, harsh restrictions on free movement and unaddressed violence. Combined, they terrorize Palestinians and prohibit them from driving or even walking on the area's main streets. That, in turn, makes life impossible for them. The consequences have been devastating with peoples' lives uprooted. The material below reviews the evidence B'Tselem and ACRI revealed in their study. Consider the consequences.


Hebron is important as the West Bank's second largest city, the largest in the territory's South, and the only Palestinian city with an Israeli settlement in its center. It's concentrated in and around the Old City that once was the entire southern West Bank's commercial center. No longer.



A senior Israeli defense official explained the scheme that's pretty common knowledge today. He called it "a permanent process of dispossessing Arabs to increase Jewish territory." Distinguished Israeli historian, Ilan Pappe, calls it state-sponsored ethnic cleansing that's been ongoing since Israel's 1948 creation. B'Tselem-ACRI document the practice in Hebron's once viable City Center.

Israeli Settlements in Hebron

They began on Passover Eve, 1968 when a group of Israeli civilians rented a Hebron hotel room for two days and wouldn't leave. Cabinet ministers supported them, and the Israeli Defense Forces (IDF) gave them weapons and trained them in their use. Six months later, the Hebron and Gush Etzion Ministerial Committee officially approved establishing a Jewish neighborhood in the city, and it was all downhill from there.



-- H-1 is comprised of 18 square kilometers and controlled by the Palestinian Authority (PA); it's where most city residents (about 115,000) live; and


The division notwithstanding, Article 9 of the Hebron redeployment agreement commits both sides "to the unity of the city" and the smooth movement of its residents. It never worked well, but after the second intifada erupted in September, 2000 everything changed for the worst. Henceforth, the IDF expanded limited separation to the entire area containing Israeli settlements. This entailed unprecedented restrictions on Palestinian movement that included a continuous curfew and closure of main streets to residents.


Palestinian Abandonment of the City Center

Hebron's City Center once thrived as a commercial hub serving city residents and merchants as well as the entire southern West Bank. Now it's gone, most shops have closed, and Palestinian businesses have moved elsewhere or no longer exist.


-- structures in the Casbah;

-- the area near the Tomb of the Patriarchs;

-- the Tel Rumeida neighborhood;


-- along (the main) a-Shuhada Street;



-- around the Givat Haavot settlement; and





Restrictions on Palestinian Movement and Business Closings




One hardship was crucial for City Center residents needing medical treatment. They couldn't get it because it wasn't accessible under curfew. As a result, medical clinics and centers closed and residents couldn't travel to where they were open. Most affected were the sick, pregnant women, the elderly and anyone needing emergency care. They were stuck and at times gravely harmed.



Emergency and rescue services are also hampered as ambulances can't enter H-2 unless arrangements are made in advance with Israeli authorities. When needs arise, there isn't enough time so persons, if able, must go by foot to where vehicles are allowed. Hebron Municipality vehicles also are prohibited from the City Center without prior approval so quick repairs of electricity, telephone, water and sewage problems are impossible, and families at times are without essential services for days as a consequence. The same problem affects schools as well, and three of them on a-Shuhada Street lost a large percent of students because movement restrictions, checkpoints and other harassments deter them.

For most of the intifada, restrictions were made verbally, not by official orders, and often were unrelated to security. It wasn't until late 2005 that the military commander issued formal orders for "protective spaces" following a petition to the High Court of Justice. But it hardly matters as the IDF maintains strict restrictions in the City Center, even if not covered by official orders, and admits the practice exceeds its authority. Residents whose rights are infringed are helpless to object or gain relief.

It's because settlers have power, and a senior army officer admitted "military commanders are a tool in (their) hands." After the intifida began, Hebron settlement heads gave IDF their demands that included closing streets to Palestinian pedestrian and vehicular traffic. The military complied "to Judaize" the center of Hebron and make it "free of Arabs."

Restrictions imposed also prevent residents from returning to homes they left, and High Court petitions for redress were denied because Israel contends security requires separation. It means Palestinian free movement is impaired and peoples' lives destroyed to satisfy outrageous settler demands.

Palestinian commerce in the City Center was also affected. The Casbah area once thrived as one of the West Bank's most important business districts. Now, most shops are closed - in some cases by IDF directive but overall because free movement was banned, customers can't access the area, and business owners lost their livelihoods as a result. They simply closed up and left and in some cases were prevented from taking their merchandise with them. They lost everything.




B'Tselem-ACRI's study reviewed major events since the 1994 Tomb of the Patriarchs massacre:












The figure is likely lower today, but in Gaza under siege, it's much lower. Unemployment is around 80%, World Bank data show 80% of Gazan households live on less than $75 a month, it's far too little to survive, and prior to the present crisis, 85% of the Territory's population relied mainly on humanitarian aid to survive. It may be everyone now with fuel and electricity cut, strict border closures enforced, conditions becoming desperate, Israel relenting for a day, and the International Red Cross warning of a crisis threatening 1.5 million people.

Refraining from Protecting Palestinians and their Property from Violent Settlers

Since the first settlements were established in Hebron's City Center, Palestinians have been victimized by countless violent acts that range from vandalism to killings. Police and the army afford no protection and instead are part of the scheme to make residents' life so intolerable they'll voluntarily leave the area. Many have and others follow.

Oppression continues for those who remain, however, and Israeli Attorney General, Menachem Mazuz, acknowledges the problem but does nothing to address it. He recently said "Enforcement of the law (to protect Palestinians) in the Territories is not only unsatisfactory, it is poor." Even Prime Minister Ehud Olmert admitted a reported Tel Rumeida assault was "not the first time" this happened, and official Israeli entities like the Karp and Shamgar Commissions sharply criticized Israeli authorities for failing to enforce the law and protect the rights of OPT residents, especially in Hebron.

Israeli authorities have known of the problem for years, yet it persists and is quietly condoned. Ian Christianson, head of the international observer force in Hebron (TIPH), was quoted saying "settlers go out almost every night and harm whoever lives near them, break windows and cause damage...." Many attacks are carried out by minors and for a reason. Under Israeli law that applies in the OPT, persons under age 12 aren't held criminally liable. Settlers know this and exploit the loophole by using their children to throw stones, break walls and commit other violent acts they can get away with. Violence is commonplace throughout the Territories in spite of IDF presence, and when children commit it they're immune from the law affecting adults that exists but isn't enforced.

High Israeli officials like former Defense Minister Amir Peretz shamelessly claimed that soldiers can't protect residents because they don't have enforcement powers. In fact, they're obligated to enforce the law on everyone, including violent settlers, under section 78 of the Order Regarding Defense Regulations. It empowers the army to arrest, without warrant authority, anyone (Palestinian or Jew) who violates the Order that covers the following acts: assault, throwing objects and intentionally destroying property.

The Procedure for Enforcing Law and Order on Israeli Offenders in the West Bank states: security forces must "take every action necessary to prevent harm to life, person, or property (and) to detain and arrest suspects who might flee from the scene." Section 6(3) of the Procedure states that the IDF must enforce the law until police arrive and take over.

Unfortunately, the Hebron Police Department has an appalling record. Instead of enforcing the law, it acts with "abominable helplessness" to show its contempt for residents while supporting settlers. It doesn't investigate violent incidents against Palestinians and ignores them when their officers are on the scene. A Yesh Din human rights organization study showed that 90% of police investigations were closed without charges being filed. This lets settlers break the law and get away with it. The IDF and police support them by refusing to uphold the law for everyone.

Harm to Palestinians by Soldiers and Police Officers



-- smashing a victim's head with a blunt instrument or against a wall;

-- hitting victims with rifle butts and clubs;


-- flinging them to the ground;

-- twisting arms and legs forcefully enough to cause injury;


Consider the hypocrisy. Israeli authorities condemn these actions, but the military and police commit them in the same of "security." As a result, many violent acts aren't investigated, and when they are they're usually whitewashed. Since the second intifada began, the Military Police Investigations Unit undertook 427 investigations through early 2007 against soldiers in the West Bank. Of these, only 35 led to indictments, and since most incidents involved more than one soldier, over 92% of the time those involved were cleared of any offense.

As for police-committed violence, 82% of cases submitted to the Department for the Investigation of Police (DIP) resulted in no indictment indicating further whitewashing. Military and civilian authorities pay little attention to Israeli offenses. As a result, security forces get the message that these acts are allowed so it's no surprise they continue, and they involve more than violence.

A systematic pattern of abuse and harassment is part of daily life in the Territories, and in Hebron's City Center it's intense. Unjustifyably seizing Palestinian houses occur, and at the time of the study, security forces held at least 35 residential dwellings. Typically, here's what happens. Soldiers or police take over a private home for a security outpost. Its inhabitants are affected, their lives are disrupted, they're excluded from occupied rooms, and can only use spaces allotted to them - in their own home.


The pattern of harassment also includes searching homes and shops, random detentions, and demanding identity cards from passersby on any pretext. Even when lawful, privacy and dignity are severely interfered with, and it can happen any time for any reason. In Hebron, it's routine, especially for Palestinians living near settlement points. In those areas, nearly every home has been searched more than once by either the IDF or police at any hour. It's done in one of three ways:

-- pinpoint searches because of a concrete suspicion;

-- extensive searches for mapping purposes; and

-- routine searches in areas artibrarily chosen to "manifest a presence" or just to harass.

In Hebron's City Center, delays and harassment are common daily practices because Israeli settlements are there. Security forces are everywhere, their patrols are frequent, and dozens of annoying checkpoints and permanent positions have been set up for control. For Palestinians in the area or who have to go there, it's nightmarish. They must pass through checkpoints and army positions, and have to show identity cards whenever they do. Even so, delays are frequent and can last for hours at times. Everyone is affected - the sick and elderly, anyone on the street including where they live, shoppers, children going to school and back home, or anyone else for any reason.

In the US, the Bill of Rights Third and Fourth Amendments ban these practices. The Third Amendment states: "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law." The Fourth Amendment prohibits unreasonable searches and seizures and specifically says: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Despite these protections, the post-9/11 environment scrapped the law and desecrated the Constitution. It came through congressional legislation and presidential executive and other decrees that seriously eroded Fourth and other Bill of Rights freedoms. They're effectively gutted, so no one in America is secure and may suffer the same abuses Palestinians now do. It's affected many thousands of people in ways unimaginable but now happen routinely and repressively.

Israel's Policy in Hebron from the Legal Perspective

Israel bases its Hebron City Center policy on the "principle of separation" that seriously violates the rights of all Palestinians affected "in every aspect of their lives." It contradicts international humanitarian law, international human rights law, and also Israeli administrative and constitutional law as they apply to an occupying power. In short, the policy is unjustified and outrageous, but it persists nonetheless.

International humanitarian law covers two main points for an occupier:

-- to ensure its legitimate security concerns; and

-- to guarantee the essential needs of the occupied civilian population as covered under Article 27 of the Fourth Geneva Convention. It states these people "shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof...." This fundamental obligation relates to peoples' right to life, liberty, personal safety, freedom of movement and other sacrosanct human rights.


The following practices are not:

-- sweeping restrictions on Palestinian movements in Hebron's City Center;




Israeli authorities consciously and willfully fail to enforce the law on their security forces and settlers. As a result, Palestinian rights are ignored and they're subjected to continued harassment and indignities in violation of international and Israeli law. It makes conditions for them intolerable, and cumulatively they're illegal and amount to "cruel, inhuman and degrading treatment."

They exist because of and at the behest of settlers' presence in the city whose rights and demands are paramount even when they violate the law. All Israeli settlements in the OPT are illegal, and consider Article 49 of the Fourth Geneva Convention. It states: "The Occupying Power shall not deport or transfer parts of its own civilian population in the territory it occupies." This applies as well to organizing or encouraging the transfer of its own population to the occupied territory that displaces legal residents forced to move.





According to the Convention, Israel governs by a de facto state policy of willful separation and discrimination. International law prohibits it and calls it "racist." In Hebron's City Center, it's especially egregious under Article 3 of the Convention that condemns racial segregation. Yet, it's Israel's official policy throughout the OPT and in Israel for its Arab citizens.

International law also bans collective punishment as Article 33 of the Fourth Geneva Convention states: "No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measure of intimidation or of terrorism are prohibited (as well as) Reprisals against protected persons and their property...." Israeli sweeping measures against Palestinians after September, 2000 constitute willful collective punishment and are thus illegal.

So is forced transfer of an occupied people, by direct or indirect means, yet Israel's declared policy and its actions displaced many thousands of OPT residents and thousands alone from Hebron City Center that left the area a "ghost town." This also violates the Fourth Geneva Convention under Article 49 that states: "Individual or mass forcible transfers, as well as deportation of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited (for any reason)." This prohibition applies as well to transfers within an occupied territory such as driving Hebron City Center residents out of the area in deference to its settlers.


Current Israeli Action to Stop A Medical Clinic's Construction

Not part of B'Tselem-ACRI's study is an ongoing effort to stop Israel from demolishing a Beqa'a Valley medical clinic under construction that's a 30 minute walk from Hebron's City Center. It's operated by Palestinian Relief and CARE International to provide 600 - 700 mostly women and children in the area with routine care, prenatal checkups and vaccinations one day a week.

In late December 2007, Israel's Civil Administration issued a stop work order on the clinic, residents complied, and had until January 10 to appeal. The facility is vitally needed, stop work orders usually precede demolition, and they were also issued for over 25 rebuilt homes. Unless they're cancelled or stopped, demolition will proceed as another act of collective punishment against Palestinians helpless to stop it.

Bush in Palestine

Also, apart from B'Tselem-ACRI's report, George Bush's Israel and Palestine visit deserves mention to highlight the plight of Hebron's people and all Palestinians. It was Bush's first official visit as President as part of his seven state, nine day Middle East tour that had nothing to do with peace, a two-state solution, or ending an illegal occupation and everything to do with betraying the Palestinians and confronting Iran. On January 9 and 10, Bush visited Jerusalem, Ramallah and Bethlehem in the West Bank, skipped Gaza and Hebron, and concentrated on theatrics, photo-ops and reiterated promises one more time to be broken afterwards.

Palestinians know it, and Haaretz featured their view on January 10 in an article headlined "Palestinians in Ramallah brace for visit by 'that criminal' Bush." The anger is so great that Palestinian security forces dug up concrete looking for bombs around and beneath a building Bush visited for a meeting. In addition, Israel deployed 10,000 police and security staff for protection, booked the entire King David hotel in Jerusalem for his stay, cancelled tourist bookings to do it, blocked roads around the hotel causing huge traffic jams, and totally isolated the President from people he supposedly came to help. It's no mystery why.

The visit was a follow-up to the Annapolis tragedy and travesty that was a historic first. It was the first time in memory the legitimate government of one side was excluded from peace talks, and that act doomed them. That meeting and this trip represent more pretense than peace because Palestinian sincerity isn't matched by Israel or Washington. The Bush administration firmly supports Israel's illegal settlements, and Israeli Prime Minister Olmert knows it. Ahead of Bush's arrival, he said "I don't recall another president who systematically and consistently showed the same level of commitment to Israel as George W. Bush," and therein lies the problem.

What can Palestinians hope from this meeting? A critical online cartoon (Al-Quds newspaper refused to publish) captures their view. It shows Bush arriving by helicopter, and the copy reads: "what denied entry!! what wall? what checkpoints? what settlements? MISSION ACCOMPLISHED. The people of Hebron understand. So do all Palestinians, including the many dozens killed by IDF incursions post-Annapolis as Israeli-instigated violence rages in the the name of "peace" Israel and Washington won't allow.





Specfically B'Tselem and ACRI urge Israel to take the following measures:


-- let Palestinians return to their homes;





Above all, state authorities, security forces and settlers must obey the law and treat occupied Palestinians justly. Israel claims to be a civilized state. It's about time it acted like one.


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