Israel daily publication Ha’aretz uncovers a secret Israeli database revealing Israel’s intent to deport/forcibly transfer Palestinians using the threat of extreme force.
For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
- Deportation or forcible transfer of population;
- Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
- Enforced disappearance of persons;
- The crime of apartheid;
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
The crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.
Ha’aretz – “Secret Israeli Database Reveals Full Extent of Illegal Settlement” – 30 Jan 09:
The official database, the most comprehensive one of its kind ever compiled in Israel about the territories, was recently obtained by Haaretz. Here, for the first time, information the state has been hiding for years is revealed. An analysis of the data reveals that, in the vast majority of the settlements – about 75 percent – construction, sometimes on a large scale, has been carried out without the appropriate permits or contrary to the permits that were issued. The database also shows that, in more than 30 settlements, extensive construction of buildings and infrastructure (roads, schools, synagogues, yeshivas and even police stations) has been carried out on private lands belonging to Palestinian West Bank residents.
The data, it should be stressed, do not refer only to the illegal outposts (information about which was included in the well-known report authored by attorney Talia Sasson and published in March 2005), but to the very heart of the settlement enterprise. Among them are veteran ideological settlements like Alon Shvut (established in 1970 and currently home to 3,291 residents, including Rabbi Yoel Bin Nun); Ofra (established in 1975, home to 2,708 residents, including former Yesha Council spokesman Yehoshua Mor Yosef and media personalities Uri Elitzur and Hagai Segal); and Beit El (established in 1977, population 5,308, including Hagai Ben-Artzi, brother of Sara Netanyahu). Also included are large settlements founded primarily for economic motives, such as the city of Modi’in Illit (established in 1990 and now home to 36,282 people), or Givat Ze’ev outside Jerusalem (founded in 1983, population 11,139), and smaller settlements such as Nokdim near Herodion (established in 1982, population 851, including MK Avigdor Lieberman).
The information contained in the database does not conform to the state’s official position, as presented, for instance, on the Foreign Ministry Web site, which states: “Israel’s actions relating to the use and allocation of land under its administration are all taken with strict regard to the rules and norms of international law – Israel does not requisition private land for the establishment of settlements.” Since in many of the settlements, it was the government itself, primarily through the Ministry of Construction and Housing, that was responsible for construction, and since many of the building violations involve infrastructure, roads, public buildings and so on, the official data also demonstrate government responsibility for the unrestrained planning and lack of enforcement of regulations in the territories. The extent of building violations also attests to the poor functioning of the Civil Administration, the body in charge of permits and supervision of construction in the territories.
According to the 2008 data from the Central Bureau of Statistics, approximately 290,000 Jews live in the 120 official settlements and dozens of outposts established throughout the West Bank over the past 41 years….
You’d never know it from touring several of the settlements in which massive construction has taken place on private Palestinian lands. Entire neighborhoods built without permits or on private lands are inseparable parts of the settlements. The sense of dissonance only intensifies when you find that municipal offices, police and fire stations were also built upon and currently operate on lands that belong to Palestinians….
Ron Nahman, mayor of Ariel, was re-elected to a sixth term in the last elections. Nahman is a long-time resident of the territories and runs a fascinating heterogeneous city. Between a visit to the trailer site where evacuees from Netzarim are housed and a stop at a shop that sells pork and other non-kosher products, mostly to the city’s large Russian population, Nahman complains about the halting of construction in his city and about his battles with the Civil Administration over every building permit….
When told that dozens of settlements include construction on private lands, he is not surprised. “That’s possible,” he says. The fact that in three-quarters of the settlements, there has been construction that deviates from the approved plans doesn’t surprise him either. “All the complaints should be directed at the government, not at us,” he says. “As for the small and communal settlements, they were planned by the Housing Ministry’s Rural Building Administration. The larger communities are planned by the ministry’s district offices. It’s all the government. Sometimes the Housing Ministry is responsible for budgetary construction, which is construction out of the state budget. In the Build Your Own Home program, the state pays a share of the development costs and the rest is paid for by the individual. All of these things are one giant bluff. Am I the one who planned the settlements? It was Sharon, Peres, Rabin, Golda, Dayan.”
The database provides information attesting to a failure to adhere to planning guidelines in the territories. For example, an attempt to determine the status of the land of the Argaman settlement in the Jordan Rift Valley found that “the community was apparently established on the basis of an appropriation order from 1968 that was not located.” About Mevo Horon, the database says: “The settlement was built without a government decision on lands that are mostly private within a closed area in the Latrun enclave (Area Yod). There was an allocation for the area to the WZO from 1995, which was issued as in a deviation from authority, apparently on the basis of a political directive.” In the Tekoa settlement, trailers were leased to the IDF “and installed contrary to the area’s designation according to a detailed plan? and some also deviate from the boundaries of the plan.”
Most of the territories of the West Bank have not been annexed to Israel, and therefore regulations for the establishment and construction of communities there differ from those that apply within Israel proper. The Sasson report, which dealt with the illegal outposts, was based in part on data collected by Spiegel, and listed the criteria necessary for the establishment of a new settlement in the territories:
- The Israeli government issued a decision to establish the settlement.
- The settlement has a defined jurisdictional area.
- The settlement has a detailed, approved outline plan.
- The settlement lies on state land or on land that was purchased by Israelis and registered under their name in the Land Registry.
According to the database, the state gave the World Zionist Organization (WZO) and/or the Construction and Housing Ministry authorization to plan and build on most of the territories upon which the settlements were constructed. These bodies allocated the land to those who eventually carried out the actual construction of the settlement: Sometimes it was the Settlement Division of the WZO and other times it was the Construction and Housing Ministry itself, sometimes through the Rural Building Administration. In several cases, settlements were built by Amana, the Gush Emunim settlement arm. Another body cited in the database as having received allocations and being responsible for construction in some of the settlements is Gush Emunim’s Settler National Fund.
Israel has no plans to stop illegal construction.
Yesh Din, an advocacy group in Israel, is organizing Palestinians to file suit against the State of Israel:
Michael Sfard, Yesh Din’s legal counsel, told reporters here on Friday, “Many Palestinian households now have a valid legal claim against the state of Israel” and can go to court to demand the removal of buildings from their property and reparations for the years the lands could not be used. And if Israel does not compensate them, Mr. Sfard said, they will eventually turn to foreign courts.
US Middle East Envoy George Mitchell, who is touring the region now, called on Israel to halt new construction on illegal settlements in 2000.