Sixty-two Palestinians dead and 1600 injured were the tragic results of September's violence in the West Bank and Gaza. But this outpouring of anger was not limited to the opening of an archeological site in Jerusalem, but rather was the culmination of Palestinian frustration and despair over the failure of the Oslo Agreements to provide a fair and equitable settlement.

When the Declaration of Principles were signed three years ago, Palestinians carried high hopes for the "new era of peace and mutual understanding" promised by both sides. But with the implementation of the first and then second Oslo Agreements, Palestinians watched the Israeli government both under the Rabin/Peres and Netanyahu leaderships twist the spirit and intention of the Oslo process. Instead of fostering a new era of peace, the Israeli government used the Oslo Agreements to solidify Israeli military and economic control over the West Bank and Gaza, assure the continued presence of Jewish settlements around Palestinian villages and towns, and change the "facts on the ground" before the opening of the final-status talks. These policies will make a contiguous independent Palestinian entity virtually impossible to establish.

Indeed, under the rubric of advancing the peace process and implementing the Oslo agreements, the Rabin/Peres government demolished houses and confiscated land to build the Jewish settler bypass roads and solidify the presence of the Jewish settlements; continued the arrests, administrative detentions and torture to eliminate Palestinian political opposition to the Oslo Agreements; and maintained the economic embargo/closure to assure total separation between Palestinians and Israelis. The international community, convinced by these explanations and by the "good faith" assurances of the previous Rabin/Peres administration, approved and even financially supported these policies.

This report will discuss how Israel's continuing human rights abuses during the Oslo process set the stage for the current deterioration of the situation in this area. It will also report on the violations that occurred during the clashes of the last few days, and conclude that lack of progress in the implementation of a just peace threaten the stability and chances for peace in this region.

SETTING THE STAGE: HUMAN RIGHTS VIOLATIONS UNDER THE

LABOR GOVERNMENTS OF YITZHAK RABIN AND SHIMON PERES

Land Confiscations and Settlement Expansion:

Massive land confiscation, settlement expansion, house demolition and by-pass road construction marked the four years under the Labor leadership. Under the Labor government, settlement building in the West Bank did not cease, despite former Prime Minister Rabin's pledge to freeze settlement expansion. In fact, the Labor government invested 1.4 billion shekels (about $46 million) on a Jewish settler population of about 144,000 in the Occupied Palestinian Territories, much more than its Likud predecessor. By 1996, this investment had paid off: the Jewish settler population increased by 48% in the West Bank and by 62% in the Gaza Strip (Settlement Watch Report No. 8, Peace Now, Jerusalem, 31 July 1996).

Under the "peace" administrations of Rabin and Peres, over 294,964 dunams of land (73,741 acres), or 5% of the total land area of the West Bank, were confiscated by the Israeli military after the signing of the Declaration of Principles in Oslo, Norway in September 1993. Since 1967, the Israeli military authorities have confiscated approximately 65% of the total land area of the West Bank. In addition to this massive loss of land, throughout the previous Labor Administration the Israeli army demolished 93 homes and destroyed 32,495 olive trees. By confiscating so much of the West Bank and destroying houses and trees in the way of settlement expansion and road construction, the Israeli government was able to establish new facts in its favor for the next round of negotiations. Thus, when Oslo II was signed in September 1995, which included in its provisions the postponement of the negotiations on the settlement issue until the final status talks, former PMs Rabin and Peres were able to justify keeping the 144,000 Jewish settlers of the West Bank on some 3,850 sq. kilometers of land, a ratio of approximately 1000 settlers per 27.5 sq. kilometers. This, in contrast to the native 1.1 million Palestinian population which was relegated only 1,950 sq. kilometers of their own already truncated territory, for a ratio of 1000 native residents per 1.77 sq. kilometers. Oslo II effectively carved up the West Bank in Israel's favor creating Palestinian enclaves divided by settler bypass roads and Jewish settlements, with the native Palestinian population receiving only 30% of the Occupied West Bank.

The above policies of population transfer, land confiscation and property destruction violate the Fourth Geneva Convention and the Hague Conventions, to which Israel is a signatory. Policies which deprive local residents of their rights as a result of occupation is forbidden by the Fourth Geneva Convention, article 47, population transfer from the occupying country to the occupied territories is forbidden by the Fourth Geneva Convention, article 49 (6), and private property receives express protection from the Hague Conventions, article 46 (2) and the Fourth Geneva Convention, article 53.

Bypass Roads:

Indeed the framework provided by the Oslo Accords legitimized land confiscation and house demolitions by successfully linking the continuation of the peace process with the confiscation of these lands to construct Jewish settler by-pass roads. After the Oslo II, or Taba agreement, was signed in September 1995 the Israeli government embarked on a major land confiscation campaign, dispossessing hundreds of Palestinian farmers from their land. The Labor government emphasized that this land confiscation, and the destruction of tens of homes which lay near the trajectory of the over 400 kilometers of new roads, were necessary for "security reasons". They argued that when the security needs of the settlers were met, the Palestinian elections could take place. The roads in fact were necessary to solidify the illegal Jewish presence in the West Bank by providing an integrated road system, linking the settlements to each other and to Israel itself, and to ensure permanent military control by dividing the West Bank geographically. All of these polices, however, served to undermine the very results the Oslo accords were meant to achieve - a lasting and just peace, ending with the establishment of a Palestinian state with Jerusalem as its capital.

House Demolitions:

The continuing demolition of Palestinian homes in Jerusalem and the still Israeli-occupied Area C of the West Bank, particularly in areas surrounding Jewish settlements and near Jewish-only by-pass roads, served also to "cleanse" areas to create contiguous majority-Jewish areas. Under Prime Minister Peres, 60 house demolition orders were issued in the Hebron region alone, all for Palestinian homes located near Jewish settlements or along the new settler by-pass roads. In all 93 homes were destroyed during this administration, leaving many hundreds of people homeless with little chance of obtaining the necessary building permits to build legally a family home. Again, destruction of homes is forbidden by the Fourth Geneva Convention article 53. Seven of the homes destroyed during the previous Labor administration were demolished because they belonged to the families of suicide bombers. This clear example of collective punishment, which mainly affects children, is prohibited by the Fourth Geneva Convention, article 33.

Arrests and Administrative Detentions:

Under the Labor government, the Israeli security forces continued its policies aimed at eliminating Palestinian political opposition to the Oslo agreements. The Israeli military administration in the West Bank arrested and tortured hundreds of Palestinians and refused to release the approximately 3500 Palestinian prisoners and 300 administrative detainees inside Israeli prisons, although it committed to do so under the Oslo Agreements. In addition, these prisoners, previously incarcerated in prisons in the West Bank, were transferred to prisons in Israel proper after the redeployment of the Israeli army following the implementation of Oslo II. Transferring prisoners from an Occupied Territory into the occupying country is expressly forbidden by the Fourth Geneva Convention, articles 49 and 76.

Under the Rabin and Peres leadership and with the participation of Meretz leader Yossi Sarid, the Israeli Knesset renewed at least four times its temporary permission for the Israeli secret service to use more intense methods of torture than normally legally sanctioned under Israeli law. More intense forms of torture includes the fatal head-shakings during interrogations of Palestinian detainees. Here it should be noted that Israel is the only country in the world with a legally-mandated policy of torture, and that Israeli legally-mandated torture methods are also expressly prohibited by the United Nations Convention Against Torture and other Forms of Cruel, Inhuman, or degrading Treatment or Punishment to which Israel is a signatory.

After Oslo II was signed in September 1995, the Israelis put into administrative detention over 200 Palestinians. Today the number totals 300 Palestinian political prisoners, many of whom are serving their second and third extensions in violation of the Fourth Geneva Convention article 78, which forbids the incarceration of political prisoners and which prohibits the use of administrative detention for punitive purposes and for extended periods of time. The Israeli security forces continue to hold these Palestinians in administrative detention because of their known political positions critical of the Oslo Agreement - views held today by many Palestinians, Israelis and even prominent members of the Israeli government. Not one detainee has been tried or convicted or any offense; all are being held based on secret evidence withheld from the detainee and his defense attorney. Under Annex VII of Oslo II, the Israelis committed to release all detainees imprisoned for activities not resulting in fatalities. This has yet to be carried out.

PUSHED TOO FAR: HUMAN RIGHTS VIOLATIONS UNDER THE LIKUD GOVERNMENT

The recent election of Benyamin Netanyahu as Prime Minister accelerated government approved or mandated action against Arab residents of Jerusalem and in the West Bank. Indeed, the guidelines for the government of Israel, approved in June 1996 by all the constituent parties of the Cabinet headed by Benyamin Netanyahu, stated openly that the Netanyahu government would break from the basic understanding of Oslo, that of land for peace, and would set its own principles. The new government officially opposed the creation of any Palestinian state, the right of return of Arab refugees, insisted on the existence, security and expansion of Jewish settlements, eternal control over Jerusalem, and permanent control over water resources (see annex I). The irony of Netanyahu's opposition to the Oslo Accords is that they, like no agreement the Likud party could have dreamed of in 1992, allow for this Jewish consolidation to occur; first by successfully incorporating many of these policies into the realm of the "peace process, and second by removing the issues of Jerusalem, settlements, refugees, borders, security and water from the arena of international law to a lopsided negotiating table.

Since the Israeli elections, Netanyahu has proceeded down the same path as his predecessor, except with the use of inflammatory and humiliating rhetoric that has alienated his negotiating partners. His initial refusal to meet President Arafat, his refusal to re-deploy from Hebron, the continuing blockade of the West Bank and Gaza, increased house demolitions and repeated announcements of government sponsored settlement expansion further alienated him from President Arafat, the Palestinian public and the rest of the Arab world.

PM Netanyahu's announcement several weeks before the tensions began that the government would officially sanction settlement expansion, open government spending in the Occupied Territories on the settlements and continue construction of Jewish-only bypass roads within Jerusalem and in the West Bank highlighted the Israeli government's duplicity during the peace process and laid the foundations for the uprising which took place in September. The government approved a budget of $4.8 million dollars to settlements, the construction of over 8000 new units in Jerusalem and West Bank settlements, permitted 3000 recently completed units to be inhabited, and embarked on a program aimed at encouraging the transfer of over 70,000 Jewish settlers into the West Bank. In the four months since his election, 11 Palestinian homes were demolished in Jerusalem alone, and over 17 in the West Bank.

Netanyahu's statements reflected the government's long-term objectives to maintain permanent military control over the West Bank, expand a Jewish presence in the Occupied Territories and create an infrastructure which will irreversibly outline the "enclaves" (Areas A and B) into which Palestinians will be crowded. However, these guidelines actually re-iterate in a clearer way policies already presented and enacted upon under the previous Labor-led government.

Continued Closure:

The continuing blockade of Jerusalem and the rest of Israel to Palestinians since 1993 has reduced the West Bank and Gaza Strip to economic penury. The expanded total blockade which has been in effect since February has resulted in an estimated unemployment rate of now over 50%. For every day of total closure, the Palestinian Authority estimates losses at $6 million. The economic devastation of the general and now expanded blockade, and the continual loss of Palestinian land to Jewish settlements and roads, have threatened more than anything else the stability of the West Bank and Gaza strip. This type of blockade, which essentially restricts or ends trade, prevents laborers from going to their place of work, and blocks 2.5 million Palestinians from their economic, political, cultural and religious capital is a form of collective punishment. Collective punishment is expressly prohibited by the Fourth Geneva Convention article 33 and the right to work is also protected by article 39.

Jerusalem

This city, the economic, social, religious and political hub of Palestinian life, has been closed to the Palestinian population since the general blockade began in 1993. But since 1967 the Jerusalem Municipality, particularly under the administration of Likud mayor Ehud Olmert, has followed a policy of restricting Arab neighborhoods, expanding existing settlements, denying or revoking residency to Arab Jerusalemites, road construction, and house demolition. New confiscations in the eastern part of the city have restricted Arab neighborhoods like never before. Recent plans for new confiscation in the Arab Shu'fat neighborhood in northern Jerusalem will link the French Hill settlement to Pisgat Ze'ev settlement, creating a continuous built-up Jewish area in the Arab north-eastern part of the city. Several by-pass roads in the north and south have further delimited the constricted area of Arab Jerusalem. Anata and Shu'fat in northern Jerusalem have been especially hard hit by house demolition policies of the Jerusalem municipality, particularly to make way for the by-pass roads in the north. In addition, Silwan village, just east of the Old City, has come increasingly under attack by Jewish settlers, who have recently occupied several homes in this village. As stated above, since the election of PM Netanyahu, 11 homes have been demolished in the Jerusalem area, including two buildings in Jerusalem's Old City.

Finally a planned new settlement, to be called Har Homa and built to the south-east of Jerusalem, will complete the ring of Jewish settlements around Arab Jerusalem, solidifying Jewish demographic superiority over this part of the city and effectively ending the possibility for a viable, dynamic Jerusalem for Palestinians, both Moslem and Christian. The completion of these plans will cut off this vital lifeline from the West Bank, and cut the city from the residents on which it depends.

These policies created an atmosphere of siege for the Palestinian population, even before the current unrest. The cynical use of archeology as a political tool, particularly in the case of Silwan and its location over the "City of David", to further Jewish claims to Jerusalem is an extremely sensitive issue for both Christians and Moslems. The recent opening of the Western Wall tunnel, which passes under Moslem areas of the Old City, fueled Palestinian fears and helped spark the conflicts of late September.

(See Annex II for an overview as to how the policies of these two administrations violate the agreements come to in the Taba Accords, or Oslo II).

THE UPRISING AND VIOLATION OF INTERNATIONAL OBLIGATIONS

The results of these continual violations of basic human rights of Palestinians, the increasing dispossession of the Palestinian people, and the open violations of the Oslo accord on the part of Israel resulted in an increasingly tense situation in this area. Instead of the Oslo agreements being used as a means of furthering the prospects for peace, its provisions, particularly those concerning the division of the West Bank into enclaves, have been used by the Israeli authorities as an instrument of control. The extreme poverty resulting from the continuing crippling embargo of the West Bank and Gaza has contributed to the volatility of the area and the anger of the Palestinian people.

When the Israeli government made its unfortunate decision to open the Western Wall tunnel late Monday night on the 23rd of September, this only exacerbated an already explosive situation. At a time of waning popularity for President Arafat and few advances in the Oslo process, the opening of the tunnel gave additional force to the scarcely-heeded calls by President Arafat to demonstrate against Israeli house demolition policies in Jerusalem and Israeli threats against renovations in the Al Aqsa mosque. After the opening of the tunnel, calls for protest were answered by massive demonstrations which quickly turned violent as the Israeli army used tear gas, rubber bullets, live ammunition and helicopter gun-ships to crush the uprising. For the first time, however, when Israeli soldiers fired at unarmed Palestinian demonstrators, armed Palestinian police could fire back. Sixty-two Palestinians, mostly civilians and including 16 children, and 15 Israeli soldiers were killed in four days of violent confrontation. About 1600 were wounded in the clashes, and approximately 167 of the wounded remain in hospital, at least 21 still in critical condition.

As the dust settles from the current unrest, disturbing details come to light in relation to the Israeli army's handling of the situation. In its attempts to suppress the uprising, the size and fury of which surprised everyone, there are indications that the Israeli army employed a shoot to kill policy given the number of injuries and fatalities from live gunfire. Reports state that unreasonable force was used, including live ammunition against unarmed civilians; that the Israeli army deployed unreasonable force around Palestinian population centers, including tanks, armored personnel carriers and grenade launchers; that the Israeli army fired on medical personnel while on duty; and the Israeli government has sealed all Palestinian population centers in the West Bank, effectively placing the inhabitants under town arrest.

Exchange of Gun-fire: In the instance of Bethlehem on 25 September and Ramallah on 25 and 26 September, the Israeli army opened fire on unarmed Palestinian demonstrators. The Israeli army, snipers and helicopter gun-ships fired live ammunition, rubber bullets and massive quantities of tear gas at the demonstrators. There were initial reports of restraint on the part of the Palestinian security forces, including one eye-witness in Bethlehem who reported that, even after one Palestinian security officer was shot in the head, he saw Palestinian police take a gun away from a policeman who was firing into the air. After prolonged shooting, rising casualties and increasing desperation among the demonstrators, Palestinian police returned fire.

In addition, on 26 September in Bethlehem, on 25 and 26 September in Ramallah and 26 September in Nablus Israeli army incursions into Palestinian-controlled Area A sparked the exchange of gun-fire between the two sides.

Unreasonable force, including shooting of unarmed civilians with live ammunition: Widespread reports indicate that Israeli soldiers fired live ammunition at civilian demonstrators, supported by helicopter gunships and snipers who also fired on crowds of demonstrators. Hospitals report that 44 deaths, or 70% of the fatalities, came from injuries from live ammunition into the head and chest. According to documentation from this organization, from Al Haq and from PHRIC, the overwhelming majority of the fatalities were civilian: 42 unarmed civilian demonstrators were killed, and 18 military personnel (2 unknown).

In addition, the nature of the injuries suggest that the shots came from above, not from soldiers at the street level, reflecting a deliberate attempt to wound or kill rather than disperse. PHRIC reports that 45% of the fatalities were shot in the head, while 25% were shot in the chest. Witnesses at the scene of the fighting confirmed this. They reported seeing Israeli snipers shooting into crowds and helicopters firing on demonstrators during the two heaviest days of fighting in Ramallah and Nablus. At least five injuries from live ammunition fired from helicopters were reported in Ramallah, and more in Nablus, as demonstrators were forced to take cover under awnings to avoid bullets fired from the helicopters during demonstrations on 27 September.

The Israeli military has deployed massive numbers of troops, tanks and armored personnel carriers into all areas of the West Bank. Every major Palestinian population center is currently surrounded by tanks and Israeli army troops. One woman in Nablus said that she could count 31 tanks from her window. Portable grenade launchers were deployed in the Bethlehem area, and helicopters were also deployed in Rafah in Gaza. Such a massive display of force, particularly in the threat to use tanks against a civilian population, constitutes a major destabilizing factor and, in the event of a re-eruption of demonstrations, threatens major casualties.

The use of live ammunition by snipers, helicopter gun-ships and soldiers against unarmed crowds of civilians was reinforced by Israeli army order. On 30 September, the Israeli military command in the Occupied Territories under General Uzi Dayan issued new orders by which Israeli soldiers were permitted to open concentrated fire from all types of weapons, even at stone throwers, if they approach within 300 meters of Israeli soldiers. According to army affairs correspondent Roni Daniel, "if a [new outbreak of violence] happens, orders have already been issued to open fire with all types of weapons, including tanks, in order to mow them down, as a senior officer put it to me" (8:00 PM Evening News on Channel 2, 30 September).

Civilian injury and death from live ammunition, the threat of the use of tanks and portable grenade launchers, and the use of live gun-fire on unarmed civilians from helicopters represents an unacceptable and illegal use of force and cannot be justified (UN Code of Conduct for Law Enforcement Officials, Article 5; UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle 8). Article 27 of the Fourth Geneva Convention also states that all residents of an occupied territory must be protected against all violence.

Use of Lethal Force: From the nature and type of injuries, hospitals report that many of the injuries resulted from high-velocity rubber bullets (metallic bullets covered with thin layer of rubber) and tear gas. Both tear gas and rubber bullets are potentially lethal weapons. In one case, during the unrest during Friday prayers on 27 September, 20 year-old Jawad Bazlimit was shot at close range and killed after sustaining a head injury from a rubber bullet. The type of injuries again suggest that the Israeli army was not shooting to disperse the crowd, but to inflict injury. In addition, the Israeli army fired massive amounts of tear gas, particularly in Bethlehem on 25 and 26 September, which accounted for many of the 1600 wounded, and for one infant fatality (4 month old Hanin al Ihroub was killed on September 28 in Shu'fat refugee camp from tear gas - related injuries). Witnesses also state that in an attempt to disperse demonstrators in Jerusalem, protesting near Mekasset hospital against the shooting during Friday prayers at the al Aqsa mosque which resulted in three deaths, tear gas was fired into the hospital.

Attacks on health and medical personnel while on duty: Several incidents were reported in which Israeli soldiers fired upon medical personnel carrying out their duties on the front lines. A 27 year old nurse, Bassil Naem, who worked in Gaza City, was shot and killed by Israeli soldiers on 26 September. In addition, Mustafa Barghouti, director of the Palestine Medical Relief Committees, was shot three times by sniper fire while attempting to administer medical care to the wounded. One health worker was shot and wounded while treating someone inside an ambulance, reinforcing the impression that the Israeli army was attempting to prevent the wounded from receiving medical care.

In addition, Mohammed al Nimnim, a 40 year old ambulance driver from Gaza sustained bullet wounds; Mohammed Imad, a nurse from Gaza was also wounded; Mohammed a Shemali, a 40 year old staff worker at Ramallah hospital, was shot in the left leg, and Aamar Ahmed Khalil Da'as, a 22 year old ambulance driver who works with the Palestinian Red Crescent Society in El Birreh, was wounded while driving. Medical workers are protected under international law (Protocol II to the Geneva Conventions, and Articles 20 and 21 of the Fourth Geneva Convention, and article 24 of the First Geneva Convention).

In addition, urgently needed medical care was denied to many by delays imposed by Israeli army checkpoints. In two more serious cases, during the unrest Najat Mustafa Mohammed Musa from Burin and Basma Shihadeh of Beit Dajan were in advanced stages of labor but were refused permission to continue to the Nablus hospital. Both delivered their children in cars beside the checkpoints. Sick and expecting mothers are specifically protected by Article 16 of the Fourth Geneva Convention.

The Union of Palestinian Medical Relief Committees reports as well that two cars on 28 September carrying medical supplies to medical facilities in the north of the West Bank were stopped by Israeli military personnel, and the medical supplies removed. The supply and transport of medical supplies and other relief aid is also protected under the Fourth Geneva Convention articles 23, 55 and 59.

These disturbing policies reflect an Israeli army both unprepared for the wide-scale violence, and prepared to use lethal force against civilians to put it down. The fact that Palestinian civilians and security forces were prepared to fight, and in some cases to return fire, changes the delicate balance which existed between the two forces before the uprising. In most cases, from testimony from those near the front lines, Palestinian police opened fire after Israeli army, snipers or helicopters opened fire on the Palestinian demonstrators, or the Israeli army entered into Palestinian controlled areas.

The result of the unrest has been a total internal military siege in all areas of the West Bank. The next section deals with the results from the siege.

THE SIEGE

The Israeli authorities have imposed an internal military siege on the towns and villages of the West Bank. The Israeli army has isolated Palestinian towns and villages in the West Bank by declaring Area C to be a closed military area, as well as all major population centers. This action places Palestinian residents in a situation similar to town arrest, and results in serious violations of international law (many of which enumerated above). Restrictions on movement have also been imposed within the Gaza Strip. Some areas are completely isolated. Very little movement is reported between the villages and towns of the West Bank.

In addition, on 30 September 1996, the Israeli army stated that Israeli journalists were prohibited from entering Area A (the areas under the control of the Palestinian National Authority), an order which was later modified to require complicated permits and invitations to enter. The Israeli authorities announced yesterday that they will introduce a permit system for internal travel within the West Bank. These moves are in violation of Article 12 of the International Covenant of Civil and Political Rights, guaranteeing the right of movement

The imposed siege has had many serious detrimental effects on the life of the residents of the area. The following is a summary of the main areas of concern:

Health and medical treatment: Reports indicated that shortages of medical supplies emerged. Ambulances and medical personnel were prevented from moving freely from one area to another, especially to major clinics and hospitals located in the main towns and cities of the West Bank. Patients were prohibited from leaving their places of residence to enter areas where medical facilities are located, and from entering hospitals inside Israel where they receive treatment. Preliminary documentation reveals that at least seven women have been restricted from proceeding freely to hospitals to give birth.

Medical supplies also did not reach pharmacies and hospitals, particularly since the main sources of pharmaceuticals are located in the main towns of the West Bank, and exchange of goods within the West Bank continues to be very difficult. Medical personnel are expressing deep concern over the rapidly deteriorating health situation and potential emergence of new problems and health complications.

Further, 14 patients from the Gaza Strip were prohibited on 29 September 1996 from leaving the Gaza Strip to receive medical treatment in Israel and Jerusalem. They were delayed for more than two hours at Erez checkpoint by the Israeli forces, and were eventually turned back.

In the Nablus area, patients needing renal dialysis from the outlying villages were denied permission to enter Nablus to receive the urgently needed dialysis. Cancer patients have been prevented from leaving their places of residents, and in at least one case a three year old boy from Hebron was denied permission to go to hospital for treatment and died. Access to medical care for the sick and wounded is protected under article 16 of the Fourth Geneva Convention.

The economy and agriculture: The internal siege has also affected the economy and has severely disrupted life in the West Bank. The agricultural sector suffers since many farmers and their workers are not able to reach their fields. This is expected to have serious effects on crops that are in season, particularly on the vital olive crop now ready for harvesting. The siege also prevents farmers from marketing their produce outside their own place of residence, and as a result there are shortages of fresh produce in the main towns, particularly since produce from the north of the West Bank and Jericho area are the main sources for the rest of the West Bank.

Workers are also generally not able to reach their places of work inside the West Bank. In addition the more than 35,000 Palestinians with entry permits are prevented from reaching their places of work in Israel and Jerusalem. Since 26 September 1996, the Israeli authorities have prohibited Palestinian fishermen in Rafah, Khan Younis and areas surrounding the Jewish settlement block of Gush Katif from access to the sea.

Education: The internal siege also disrupted education, particularly since often students and teachers must travel from village to town to attend or teach classes. In the Nablus area, 143 primary and secondary schools, and 70 preschools, were closed, affecting approximately 51,000 students and 2400 teachers. United Nations and private schools, as well as An Najah University, were also closed. While schools have reopened, students are still reporting difficulties in traveling to their universities. On 9 October, students from Jerusalem studying at Bethlehem university attempted to cross the main Bethlehem checkpoint. They were informed by Israeli border police that the checkpoint was closed, and that they should walk on a secondary route, normally off-limits, to enter Bethlehem. They took the secondary route, and reported that the Israeli border guards opened fire on them as they walked. One woman was injured after she collapsed.

Prisoners in Israeli Jails: Family visits to the more than 3,500 Palestinians held in Israeli prisons and detention centers are also canceled now until further notice because of the siege.

Disruption of the Work of the Palestinian Courts and Lawyers: Normal internal legal proceedings in the West Bank are paralyzed. The military siege has prevented court employees, including members of the judiciary, from reaching their places of work in Area A. In addition lawyers cannot reach their clients or represent them in the courts.

Curfew: A strict curfew was in effect from 27 September 1996 to 6 October on Hebron city and the nearby villages of 'Aroub, Beit Ommar and al Fawwar refugee camp. In Beit Ommar, the residents remain under a round-the-clock curfew. Only twice were they allowed to go out to buy supplies and for a short period of three hours. Parts of Halhoul in Hebron district were also placed under curfew in the early hours of Saturday 28 September 1996. Baqa al-Sharqeya in Tulkarem district was under curfew, as well as Hizma in Jerusalem district. The curfew was lifted on Hebron for four hours at 4:00 am on Sunday. This was relatively useless for residents as they could not purchase the needed supplies. The curfew was lifted again in Hebron city on 29 September for three hours from 5:00 a.m. 'Einabous and Howwara near Nablus were also under curfew, as were Qalandia near Ramallah and Zatara near Bethlehem. All curfews were lifted by 7 October, although Nablus remains under very strict town-closure.

In addition, there is a heavy Israeli military presence of personnel, arms, jeeps, tanks and armored personnel carriers at the entrances of the main towns, particularly Hebron, Nablus, Jenin, Ramallah, Bethlehem, and in the Gaza Strip. The latest statements by Israeli officials, particularly by Mr. Netanyahu, and the unusual increase of the Israeli military presence is alarming. It causes fear that further military operations against Palestinians may take place at any moment.

This internal siege is in violation of the Israeli-Palestinian Agreement, particularly Article XXI(8), which emphasizes that "the West Bank and the Gaza Strip [are] a single territorial unit, the integrity and status of which will be preserved during the interim period." The closure and restrictions on movement are measures of collective punishment in violation of Article 33 of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949. The basic human rights to life, medicine, access to health care, movement, and work have been violated by this latest round of violence against the Palestinian people.

CONCLUSION

The tragic death toll on both sides from the recent violence is a result of the continuing dispossession and economic penury of Palestinians since the hopeful days of the signing of the first Oslo Accord in 1993. The accelerated policies of settlement expansion and house demolitions, further arrests and administrative detentions, in addition to the total embargo on the West Bank and Gaza (in place since 1993, and in more total form since March 1996) have slowly fueled the fire of Palestinian resentment against the Oslo accords. The opening of the Western Wall tunnel, which heightened already deep concern surrounding Moslem holy sites, only provided the spark which ignited the flames.

The Israeli military's reaction to the violence was exaggerated, illegal, and in many cases seemingly intentionally lethal. International laws governing conflict, behavior of the Occupier, protections of movement and health care all were violated. The current deployment of massive firepower in the West Bank, particularly the deployment of grenade launchers, snipers, helicopters and large numbers of tanks for use against a civilian population, significantly contribute to an already tense, hostile situation, one which has the potential of exploding at any time. It remains to be seen if anything can be salvaged from a very deeply flawed peace process, and if further violence can be averted.

RECOMMENDATIONS:

Israel must be held responsible for the consequences of the uprising and deterioration in the human rights situation that has resulted. LAWE calls on the international community of states and on international and local non-governmental organizations to intervene with the Israeli authorities and immediately demand:

• the immediate lifting of measures restricting movement imposed in the West Bank and the Gaza Strip, including the lifting of the current siege and general closure;
• full guarantee that health care and access to health care facilities will not be held hostage by conflict. In all circumstances, medical treatment must be guaranteed.
• a refraining from any unilateral measures such as house demolition, settlement expansion, land confiscation, administrative detention and torture, which are illegal and attempt to change the status and character of the West Bank, particularly Jerusalem, and the Gaza Strip;
• full respect by Israel for its obligations under the Israeli-Palestinian agreements, and under international law particularly the Fourth Geneva Convention;
• for the implementation of immediate confidence building measures such as the release of prisoners and administrative detainees and the revocation of all house demolition orders.
• for the international organizations and the diplomatic community to send missions to investigate the Israeli human rights violations which have led up to the violence which rocked the West Bank and Gaza Strip.

LAWE also calls on the international community to accept its responsibility for ensuring the full protection and security of Palestinian civilians in the current situation.

ANNEX I

GUIDELINES OF THE GOVERNMENT OF ISRAEL - JUNE 1996

The following guidelines were approved by all of the constituent parties represented in the Cabinet headed by Benyamin Netanyahu.

The Government presented to the Knesset will act on the premise that the right of the Jewish people to the Land of Israel is eternal and indisputable, that the State of Israel is the State of the Jewish people, whose democratic government guarantees equality for all its citizens, and whose main goal is the in gathering and integration of the Jewish people.

The Government will work to achieve the following goals:

1. Achieving peace with all our neighbors, while safeguarding national and personal security.
2. Reinforcing the status of Jerusalem as the eternal capital of the Jewish people.
3. Increasing immigration to Israel, and integrating new immigrants in all walks of life.
4. Creating conditions for a free, thriving economy and social welfare.
5. Strengthening, broadening and developing settlement in Israel.

I. Peace, Security and Foreign Relations

1. The Government will negotiate with the Palestinian Authority, with the intent of reaching a permanent arrangement, on the condition that the Palestinians fulfill all their commitments fully.

2. The Government of Israel will propose to the Palestinians an arrangement whereby they will be able to conduct their lives freely within the framework of self-government. The Government will oppose the establishment of a Palestinian state or any foreign sovereignty west of the Jordan River, and will oppose the "right of return" of Arab populations to any part of the Land of Israel west of the Jordan River...

8. In any political arrangement, Israel shall insist on ensuring the existence and security of Jewish settlements and their affinity with the State of Israel. The Government of Israel will continue to bear full responsibility for the Jewish settlements and their residents.

9. The Government views the Golan Heights as essential to the security of the state and its water resources. Retaining Israeli sovereignty over the Golan will be the basis for an arrangement with Syria.

II. Jerusalem

1. Jerusalem, the capital of Israel, is one city, whole and undivided, and will remain forever under Israel's sovereignty.

2. Freedom of worship and access to the holy places will be guaranteed to members of all faiths.

3. The Government will thwart any attempt to undermine the unity of Jerusalem, and will prevent any action which is counter to Israel's exclusive sovereignty over the city.

4. The Government of Israel, through its ministries and through the Jerusalem Municipality, will allocate special resources to speed up building, improve municipal services for Jewish, Arab, and other residents, and to reinforce the social and economic status of the Jerusalem metropolitan area.

VI. Settlement

1. Settlement in the Negev, the Galilee, the Golan Heights and the Jordan Valley, and in Judea, Samaria and Gaza is of national importance to Israel's defense and an expression of Zionist fulfillment. The Government will alter the settlement policy, act to consolidate and develop the settlement enterprise in these areas, and allocate the resources necessary for this.

2. The Government of Israel will safeguard its vital water supplies from water sources on the Golan Heights and in Judea and Samaria.

ANNEX II

VIOLATIONS OF OSLO II, OR THE TABA ACCORDS

Both the past and current Israeli administrations have departed from crucial obligations under the Taba Accords, or Oslo II, which has furthered the atmosphere of bad faith which led to the current crisis. The violations below do not represent an exhaustive list, just several of the most important violations.

1. Settlement expansion, road building, house demolition and land confiscation all violate the undertaking not to change the status quo of the West Bank and Jerusalem. Attempts to change the location of the "green line", through road building or the construction of border fences, like in the Tulkarem area, also violate the agreement not to make changes that can alter or pre-empt the final status negotiations. The article states:

Article XXXI Final Clauses

7. Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations.

2. On several occasions since the re-deployment of the Israeli army from Palestinian populated areas, travel within the West Bank has been restricted, and since March travel between the West Bank and Gaza has been impossible. While the Israeli government undertook to view the West Bank and Gaza as a single territorial unit, and to construct safe-passage routes between the two areas, students from Gaza studying in the West Bank and Palestinian Council Members, have been repeatedly denied permission to move between Gaza and the West Bank. They have failed even to guarantee the right to move within the West Bank itself. Indeed, the division of the West Bank into Areas A, B and C have allowed for an easily controlled population, and facilitates the sealing off of towns and villages from each other. It has become regular practice to declare entire towns closed military zones, and to restrict entry and exit. The current state of total siege reflects the ease with which the Israeli army, in this case reinforced by tanks and armored personnel carriers, can seal off the different enclave areas of the West Bank. The two articles state:

Article XXXI Final Clauses

8. The two Parties view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.

ARTICLE X Safe Passage

1. General

a. There shall be a safe passage connecting the West Bank with the Gaza Strip for movement of persons, vehicles and goods, as detailed in this Article.

b. Israel will ensure safe passage for persons and transportation during daylight hours (from sunrise to sunset) or as otherwise agreed by the JSC, but in any event not less than 10 hours a day.

3. Hebron, the largest Palestinian city, remains occupied in full violation of the agreement, which states that within six months of the signing of the agreement (September 1995), the Israeli army must vacate the Hebron area. Not only has this not taken place, but moves had been taken, including the construction of Jewish-only roads, the closing of the vegetable market near the Jewish settlement in downtown Hebron, and the demolition of houses, to consolidate Israeli control over the city. The article states:

Annex I, ARTICLE VII

Guidelines for Hebron

1. a. There will be a redeployment of Israeli military forces in the city of Hebron except for places and roads where arrangements are necessary for the security and protection of Israelis and their movements...

b. This redeployment will be completed not later than six months after the signing of this Agreement.

4. Palestinian prisoners from the West Bank and Gaza must be released if not charged with an offense involving injury or fatalities of Jewish residents of Israel or Jewish settlers. Currently thousands of Palestinian prisoners languish in Israeli jails that qualify for release, more than 20 women remain in prison, approximately 25 Israeli-Arab prisoners and 60 nationals from Lebanon and other Arab countries remain in Israeli jails in direct contravention of international law and the Oslo commitments. Under Oslo, Israeli committed to the following:

Article XVI - Confidence Building Measures

1. Israel will release or turn over to the Palestinian side, Palestinian detainees and prisoners, residents of the West Bank and the Gaza Strip. The first stage of release of these prisoners and detainees will take place on the signing of this Agreement and the second stage will take place prior to the date of the elections. There will be a third stage of release of detainees and prisoners. Detainees and prisoners will be released from among categories detailed in Annex VII (Release of Palestinian Prisoners and Detainees). Those released will be free to return to their homes in the West Bank and the Gaza Strip.

Annex VII: RELEASE OF PALESTINIAN PRISONERS AND DETAINEES

Release of Palestinian Prisoners and Detainees

1. The release of detainees and prisoners, as agreed upon in Article XVI of this Agreement will be carried out in three stages.

2. The following categories of detainees and/or prisoners will be included in the above mentioned releases:

a. all female detainees and prisoners shall be released in the first stage of release;

b. persons who have served more than two thirds of their sentence;

c. detainees and/or prisoners charged with or imprisoned for security offenses not involving fatality or serious injury;

d. detainees and/or prisoners charged with or convicted of non-security criminal offenses; and

e. citizens of Arab countries being held in Israel pending implementation of orders for their deportation.