Tacit
Consent
Law Enforcement towards Israeli Settlers in the Occupied
Territories
Summary, 22 March 2001
Settlers throw stones at Palestinians outside Nablus,
11 October 2000.
Over the course of the
present Intifada, the scope and intensity of settler violence toward Palestinian
residents of the Occupied Territories has increased dramatically. Several
settler leaders have warned that they would "take matters into their own
hands", and use force, if they did not find IDF conduct satisfactory. These
were not idle threats. In the last few months, settlers have shot Palestinians,
thrown stones at Palestinian cars, damaged property, uprooted trees, burned
a Mosque, hurt Palestinian medical crews, attacked journalists, prevented
farmers from getting to their land and prevented Palestinian vehicles form
using the roads.
Since the beginning of the present Intifada, Palestinian attacks on settlers
have also sharply increased. These attacks include shooting at settler vehicles
and at residences. The establishment of settlements is forbidden by international
law. Yet, the fact that the settlements are illegal does not give license
to hurt the individuals who live in them. Deliberate attacks on civilians
are a clear violation of the basic principals of international law. Nevertheless,
being exposed to such attacks does not give the settlers the right to use
violence toward Palestinians, except in self-defense.
Settler violence toward Palestinians is not a new phenomenon: such violent
acts have been regularly carried out in the Occupied Territories since the
beginning of the first Intifada and even earlier. Since 1987, 119 Palestinians
have been killed by settlers and other Israeli citizens in the Occupied
Territories. Of these, 23 were minors.
These acts are perpetrated in an atmosphere of Israeli law enforcement impotence
and laxity. Israel, as the occupying force, bears the responsibility for
the safety and well-being of the Palestinian population under its control.
In recent years, law enforcement vis-a-vis settlers has been harshly criticized
by many, including the Attorney General and the High Court of Justice. The
Shamgar Commission, established in 1994 following the massacre at the cave
of the Patriarchs, censured law enforcement policy in cases of violence
against Palestinians. It determined that no real measures were taken to
improve the situation, despite repeated warnings. A report published by
B'Tselem, prior to the establishment of the Commission stated that all of
Israel's law enforcement authorities - the military, the police, the State
Prosecutor and the judicial system - have adopted an undeclared policy of
absolution, compromise and mitigation for Israeli citizens who harm Palestinians
in the Occupied Territories.
All of these conclusions remain true today. Testimonies gathered by B'Tselem
demonstrate that soldiers are present when settlers attack Palestinians,
but do not intervene to prevent the attack. Settlers plan, organize and
establish roadblocks to prevent Palestinians from using the roads. The settlers
put up these roadblocks in broad daylight and after having notified the
media. Despite this, no real effort is made by Israeli authorities to prevent
these acts.
In several areas in the West Bank, settlers have instituted independent
armed patrols. Participation in these patrols is by individual initiative,
and is not sanctioned by the IDF and the Israeli police. The IDF has made
its opposition to this activity clear, but seems to do nothing to halt it.
The police continue to avoid investigating cases of settlers harming Palestinians,
unless a complaint has been filed. For example, the police never investigated
the death of two Palestinians at the hands of settlers during the current
Intifida, despite the fact that the killings were reported in the media.
This policy defies the police departments' legal obligation to investigate
every suspected case of wrongdoing. The police ignore the many difficulties
Palestinians face in filing a complaint. When under siege, for example,
it is impossible for Palestinians to do so.
Even in those cases which the police does investigate, offenders are seldom
punished. Between 1994 and 2000, B'Tselem collected testimonies regarding
dozens of incidents where settlers attacked Palestinians, and monitored
the authorities' treatment of these cases. Two-thirds of the investigations
were closed on the grounds of "lack of evidence" or "offender unknown."
Official response to Palestinian homicides stands in marked contrast to
cases of Israeli homicides. A Palestinian who kills an Israeli is punished
to the full extent of the law, sometimes along with his family. By contrast,
it is likely that an Israeli who kills a Palestinian will escape punishment
or receive a light sentence. In some of the cases of Palestinians killed
by Israelis, no investigation was launched. The police or the State Attorney's
Office closed half of the files. In contrast, when Palestinians killed Israelis,
less than ten per cent of the files were closed. The sentences of Israelis
convicted of killing Palestinians have invariably been commuted. No Palestinian
convicted of murdering an Israeli has ever had their sentence commuted.
The fact that law enforcement vis-a-vis settlers has remained deficient
for many years, despite repeated warnings, from official agencies among
others, shows that this is not a coincidence but rather a policy. Even if
Israeli authorities do not directly encourage violent attacks against Palestinian
citizens, the fact that they turn a blind eye to the phenomenon carries
the same result. This policy also defies the basic principal of equality
before the law, and thereby undermines the foundations of the rule of law
in Israel.
In a report Israel presented to the Mitchell Commission, it promised to
investigate every case of suspected harm done to Palestinians by settlers.
It is clear, even now, that Israel has not lived up to its promise.
B'Tselem urges Israeli authorities to prevent settlers and Israeli citizens
from harming the lives, well-being and property of Palestinian residents
of the Occupied Territories:
The
state of Israel, in its capacity as an occupying force responsible for
the safety and well-being of the Palestinian population, must protect
this population in the same manner it does Israelis. The Israeli government
must direct its law enforcement authorities to act resolutely to prevent
settler violence toward Palestinians. To this end, it must provide its
authorities with the necessary resources.
IDF
soldiers must be informed of their duty to intervene whenever settlers
attack Palestinians. Action must be taken against soldiers who fail to
carry out this duty.
The Israeli police must investigate every incident of which it is made
aware. It must not use the fact that a victim did not filed a complaint
as an excuse to ignore the case. The police must make an effort to reduce
the number of files closed on the grounds of lack of evidence or offender
unknown.
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