IV. 's Violation of Human Rights in the Occupied Palestinian Terrritory

A. Country Reports On Human Rights Practices For 1990

Israel and the Occupied Territories

U.S. Department of State *

Whereas almost all other reports in this volume deal with the relationship between governments and their own citizens, this report concerns the practices of the authorities of one country in the exercise of governmental functions in territories outside that country and under military occupation. The lands known as the "occupied territories" (the West Bank, Gaza Strip, , and East ) were occupied by Israel in the 1967 war and have been under military occupation since then. Israel is not recognized internationally to have sovereignty over any of the occupied lands, but has asserted sovereignty over and annexed East Jerusalem. The West Bank and Gaza are governed under Jordanian, Egyptian, and British law, modified by military orders. and administration have been extended to the Golan Heights. The United States considers Israel's occupation to be governed by the Hague Regulations of 1907 and the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Israel does not consider the Convention applicable but states that it observes its humanitarian provisions. Israel goverus the West Bank and Gaza through a Civil Administration (CIVAD), which reports to the Minister of Defense. There are Arab municipalities with both elected and Israeli-appointed mayors, but municipal and local elections have not been held since 1976. Palestinian political activity is severely restricted. The CIVAD does not afford Palestinians the opportunity to participate meaningfully in significant political or economic decisions in the occupied territories. Israeli settlers in the territories (about 5 percent of the population) are subject to Israeli law, which in most cases treats them more favorably than Palestinians are treated under occupation laws and regulations. Economic policies often discriminate against Palestinians in favor of Israeli interests and Israeli settlers in the territories. The security forces in the occupied territories consist of the army ( - IDF), the (General Security Service), the , and the paramilitary Border Police. Security crimes are tried in military courts staffed by IDF officers.

* Government Printing Office: Washington, D.C., February 1990, pp. 1477-1496. Since 1967, Palestinians have protested, often violently, against Israel's occupation. The massive civilian unrest known as the intifada erupted in late 1987, and the ensuing Palestinian violence and Israeli crackdown continued in 1990. Violence directed at Israeli security personnel and civilians in the territories has been both organized and spontaneous. Israeli authorities have responded with a variety of measures, some of which the United States has opposed. Security authorities sought to reduce the levels of violence during the summer of 1990 by measures designed to avoid confrontation, and Palestinian and Israeli casualties declined during July, August, and September. During the last quarter of 1990, however, a series of incidents, including the immolation of an IDF reservist in Gaza and the killing of 17 Palestinians on the Temple Mount/ Haram al-Sharif in Jerusalem, and widespread Palestinian support for Iraq's Saddam Hussein led to an emotional heightening of tensions on both sides and an increase in incidents and casualties. These included a rash of politically motivated but generally spontaneous random stabbings of in Israel by Palestinians from the territories. Israeli authorities responded to this violence with intensified security measures such as broadly barring the entry of Palestinians from the territories into Israel and Jerusalem, and deciding to resume deportations of Palestinians alleged to be extremist leaders. The year 1990 witnessed a significant increase in violence by Palestinians against Palestinians, including 165 murders that appear to have been politically motivated. This number is greater than the 130 Palestinians killed in 1990 by Israeli security forces and civilians. The continuing unrest and violence in the occupied territories underlines the need for a political solution, which has been strongly advocated by the United States. Israeli occupation policies and anti-intifada practices, combined with escalating intifada violence, continue to be of serious concern to the United States. Although conditions generally improved during the first three quarters of the year, they deteriorated in the fourth quarter. The United States remains concerned about the continuing violence, death and injuries on both sides, including the killing of Palestinians by fellow-Palestinians, the excessive use of force by security forces, and certain restrictive CIVAD and IDF measures, including restraints on nonviolent political activity and expression, the continued closure of four universities, travel bans and restrictions, deportations, administrative detention, restrictions on family reunification, and discriminatory policies or practices affecting land, resource use, and trade and commerce.

Respect for Human Rights

Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing Political killing is not practiced or condoned by the government of Israel. However, several human rights groups alleged that in 1990 Israeli security forces intentionally killed five wanted Palestinian activists in circumstances in which the use of force was unnecessary, inappropriate, or unauthorized. Israeli