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The By-Pass Road Network in the West Bank: An Analysis of the Effects of the Network on the Palestinian Territories.
By Samira Shah
al-Haq 1997, English, 72 pp., $3.00.
Preface

Table of Contents

PREFACE
For at least ten years before signing the Oslo Accords, road construction by the Israeli occupying power in pursuit of Israeli interests provoked concern amongst Palestinians. While the so-called "by-pass roads" are superficially associated with the Israeli-Palestinian agreements, in particular the Interim Agreement also known as Oslo II, Israel's activities in the field of road construction, regardless of labeling or means of execution, continue to pursue the continuation of the road construction plan which began to be executed in the early 1980s. Israel has succeeded in exploiting the current peace process and the Israeli-Palestinian agreements, which maintained the settlements and placed responsibility for their security with Israel, to escalate the execution of this road construction plan. Israel's objectives are to maintain its control over the Occupied Palestinian Territories and even achieve actual annexation of most of the area by altering its character and legal status, in particular by destroying the area's territorial integrity and preventing the Palestinian people from exercising its national and inalienable right to self-determination, following the elimination of the occupation.
If by-pass roads are generally associated with settlements and may seem a logical outcome of settlement construction, in reality they are designed to pursue these same objectives by changing the infrastructure of the Occupied Palestinian Territories and linking them ever more closely to Israel. By-pass road construction runs parallel with settlement building and is designed to achieve the same goals.
In this study, al-Haq attempts to examine different aspects of the by-pass roads question and expose their dangers and side-effects, particular in the way in which they extend Israel's physical occupation of Palestinian land, isolate Palestinian population centers from each other, uproot Palestinians from their land, and impose firm military control over the Occupied Territories. Israel's construction of by-pass roads contravenes principles of international humanitarian and human rights law, and, additionally, undermines the current peace process. Al-Haq attempts in this study to discuss various critical issues, many of which are on the agenda of the Israeli-Palestinian final status negotiations, with the aim of exposing how the real intentions of the Israeli occupier are diametrically opposed to what is needed to achieve a permanent, just and comprehensive peace based on the principles of international law.
Riziq Shuqair
Research and Studies Coordinator
Al-Haq

TABLE OF CONTENTS

1. Introduction

2. History of Road Plans in the West Bank under Occupation

2.1 "Trans-Samaria" Highway
2.2 Gush Emunim Settlement Plan
2.3 World Zionist Organization Master Plan for Settlement in "Judea and Samaria"
2.4 Road Plan Number 50
2.5 IDF By-Pass Roads Plan

3. A History of Land Acquisition in the West Bank under Occupation

3.1 Land Acquired as "State Land"
3.2 Land Acquired as "Abandoned" Property
3.3 Land Expropriated for "Public Purposes"
3.4 Land Seized for "Military Purposes"

4. Effects of the By-Pass Roads

4.1 Fragmentation of Palestinian Areas
4.2 Expanding and Solidifying Settlements
4.3 Erasing the Green Line
4.4 Annexation of Jerusalem
4.5 Socio-Economic Effects

4.5.1 Economic Effects
4.5.2 Urban Planning and Land Use
4.5.3 Environmental Effects
4.5.4 Social and Cultural Effects

5. International Law

5.1 Humanitarian Law

5.1.1 The Hague Regulations of 1907
5.1.2 The Fourth Geneva Convention of 1949

5.2 Human Rights Law

5.2.1 The Universal Declaration of Human Rights
5.2.2 The International Covenant on Civil and Political Rights
5.2.3 The International Covenant on Economic, Social and Cultural Rights
5.2.4 The International Convention on the Elimination of All Forms of Racial Discrimination

5.3 The Oslo Agreements

6. Conclusion

7. Appendices

A Case Study on Bethlehem
B Military Orders Concerning Seizure of Land
C Military Order Concerning Acquisition of Land for "Public Purposes"
D Damage Caused by Road Number 60 in the Hebron Area

8. Maps

A Geo-Political Map of the West Bank
B Map of the West Bank: Roads and Israeli Settlements
C Map of the West Bank: By-Pass Roads and Palestinian Cities and Villages
D Map of the West Bank: Israeli Settlements and Palestinian Cities and Villages