40 Palestinian Authority Organizations condemn “B’Tselem biased position towards Settlements & Settlers in the Occupied Territories”: July 3rd, 2001

On 21.6.01 B’Tselem issued a press release entitled ‘B’Tselem condemns Palestinian statements supporting attacks against settlers’. As Palestinian organizations, we believe that the timing of this release, which coincides with an intense and misleading media campaign in support of illegal settlement by the Israeli Occupation Authorities, is inopportune and only serves to give the impression that settlers are “civilians” on par with the indigenous Palestinian population. Moreover, the release came as a response to the settlers’ appeals for Israeli human rights organizations to take a position against the killing of “innocent” and “civilian” settlers, and to issue a statement condemning the positions and statements of the PNA officials regarding attacks on settlers.

Instead of rushing behind the security establishment and responding to the settlers’ pressure, we believe that B’Tselem should focus its attention on the ongoing gross human rights violations that are occurring in the Occupied Palestinian Territories, and should remain independent by maintaining an honest and unbiased position based on international humanitarian law and human rights principles.

A clear major problem with this release is the way in which it divides the issues of the illegality of settlements, settler violence, and settlers illegal status from the issue of violence against settlers, and how its wording plays with the legal provisions of international law. The press release effectively places the blame for current violence on Palestinians who are the victims of the settlements and settlers’ acts. The release does say that settlements are illegal, but qualifies this by stating that, “the settlers have no right to settle there permanently”. This in effect legitimized the settlers “temporary” presence in the Occupied Territories and does not pay attention to the relevant legal provisions. B’Tselem should explicitly declare that international law bans the occupied country from transferring its citizens to the occupied territory, and must state that the presence of settlers in the occupied territories is illegal, even for an interim period. Consequently, B’Tselem should take responsibility towards Israeli society by addressing it in brave and clear language that reveals the illegality of settlements and the agony they cause to the Palestinian people. Contrary to all legal conventions the press release also says that, “the demand to evacuate the settlements in the context of an Israeli-Palestinian agreement is legitimate.” No qualifications should be placed upon the right to demand the removal of settlements. They are blatantly illegal under international law and B’Tselem should demand that the Israeli Occupation Authorities dismantle the settlements and return the settlers to Israel even without an agreement. Until this is done, all settlers should be held liable for their crimes, which include the act of settlement, committed in the occupied territories, and must bear the consequences of their actions, which include Palestinian acts taken in self defense against their illegal aggression.

If B’Tselem had lain down the various “legal” and “human rights” it would be clear that the relationship between the law and its provisions and the issue of settlers and settlements can not be divided. By leave all legal provisions out of the content its release and dividing the illegality of settlers’ actions from the consequences of these actions, B’Tselem indicates two things. First, they indicate either a failure to understand or a disregard for the legal provisions that relate to settlement, and second, they seem to be attempting to turn around the relevant provisions by stripping them of their content disregarding their objectives. In this case, B’Tselem’s release in effect, “legalizes” the “illegal” settlements, and justifies the Interim presence of settlers in the Occupied Territories, in effect giving settlers an open door to continue to commit crimes and undertake illegal acts against Palestinians.

In our attempt to further explain our dismay over this release, and the political implications of the language used in the release, we will primarily depend on humanitarian law and international human rights standards to indicate the potential risks that are inherent in the B’Tselem release. The rules and the provisions of humanitarian international law are set forth through the following legal standards:

First Article 49 (6) of the 4th Geneva Convention Relative to the Protection of Civilian Persons in time of War states that “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”. Under this explicitly clear provision all steps that have been taken by the Israeli Occupation Authorities in relation to the transfer and settlement of its citizens to the Palestinian Occupied Territories are illegal. Actions taken in contravention of this Article have resulted in severe violations of the rights of the Palestinian residents of the Occupied Territories. These violations include, but are not limited to the confiscation of Palestinian natural resources, including land and water, for use by settlers. These actions are also in violation of International Law and the provisions of international humanitarian law, which prohibit the confiscation of property and resources for reasons other than security. Consequently, the presence of settlers in the occupied territories, and all forms of settlement are illegal.

Second: The Israeli Occupation Authorities have used all means within their power to illegally take possession of Palestinian owned lands, to build settlements, and to transfer settlers to these locations. The land acquired by Israel for the building of settlements was often confiscated after being declared “government property”, “absentee property”, or after being sealed for use as closed military zones. In most cases the Israeli government then built military posts on these lands, as with the so called “MAHAZ”, “MAHOLA B” and “Warrior Youth Pioneer”. These posts often later evolved into settlements. An example of this is the expropriation of the lands surrounding “Beit El” military post, following the Supreme Court decision in case No. 606/78. These lands were later turned into a large civil settlement, which swallowed much of the surrounding Palestinian territory. Additionally, settlements are considered an integral part of the “territorial defense” system, the Hagana Merhavat, in Hebrew, and often serve both military and civilian functions. Settlements, and therefore settlers cannot be viewed as truly “civilian”.

In view of the above, we the undersigned Palestinian organizations, condemn B’Tselem’s position that ignores the fact that all forms of settlement are illegal and qualify as war crimes. We also reiterate the Palestinians People’s right to resist the occupation and its consequences by all available legal means guaranteed by international customs and conventions.

Statement signed by:

  1. The Palestinian Hydrology Group
  2. The Union of Agricultural Work Committees
  3. The Loving Care Patient Society
  4. Rawat Al Zuhur Society
  5. Center for Citizen’s Rights
  6. Defence for Children International “DCI”/Palestine
  7. First Ramallah Group
  8. Popular Art Center
  9. Science and Cultural Center
  10. Young Women’s Christian Association (YWCA)
  11. The Educational Network
  12. Teacher Creativity Center (TCC)
  13. Tamar Institute for Community Education
  14. Dur Al-Salam Hospital
  15. Union Of Health Work Committee
  16. Ad Dammar Association for Human Rights
  17. The Palestinian Center for Peace and Democracy
  18. Al-Manhal Cultural Center
  19. Arab Thought Forum
  20. The Citizens Rights Center
  21. Besan Center for Research and Development
  22. The Development Center: “Ma’an”
  23. Muwaita: The Palestinian Institute for the Study of Democracy
  24. The General Committee for the Defence of the Land
  25. The Palestinian Counseling Center
  26. Democracy and Worker’s Rights Center
  27. The Palestinian Society for the Study of International Affairs
  28. The Palestinian Society for Consumer Protection
  29. The Palestinian Women’s Society for Development
  30. Women’s Affairs Center
  31. Al Huda Women’s Association
  32. Almajd Women’s Assn.
  33. Al Magazzi Cultural Center
  34. Jerusalem Legal Aid and Human Rights Center
  35. Women’s Studie Centre
  36. Al-Hannan Association for Mother and Child
  37. The Arab Center for Agricultural Development
  38. The National Society for Rehabilitation
  39. The Union of Palestinian Medical Relief Committees
  40. The Palestinian Center for Microsprojects Development.

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