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Challenges to the proposed international peacekeeping force for Palestine

Any peacekeeping forces deployed as part of the process to achieve a just settlement of the Palestinian-Israeli conflict should be approved and/or mandated by the UN. Such a peacekeeping operation could play a vital role in the provision of a security framework as part of a broader peace agreement.

Collective Punishment in Awarta

On 11 March 2011, five members of a settler family, including three children, were murdered in the Israeli settlement of Itamar in the West Bank. This appalling crime led to an investigation by the Israeli military in the nearby Palestinian village of ‘Awarta (Nablus Governorate). The incident was followed by incitement and exploitation at a ministerial level as Israeli leaders hastily condemned Palestinian involvement and attempted to use the crime as a pretext for further construction of illegal settlements. The incident also led to an escalation in settler violence throughout the West Bank. Many of the measures carried out in ‘Awarta in support of the Israeli investigation for suspects to the killing in Itamar, violated Israel’s obligations under international humanitarian and human rights law and must be considered within the context of Israel’s policing and law enforcement powers in occupied territory. This paper examines the measures taken by the Israeli army in ‘Awarta under international humanitarian and human rights law, on the basis of the documentation collected by Al-Haq’s field researchers.

Critique of the United States Department of State Country Reports on Human Rights Practices for 1991: Israel and the Occupied Territories

This paper is a critique of the assessment of the US State Department's Country Reports on Human Rights Practices regarding the 1991 human rights situation in Israel and the Occupied Palestinian Territories. Such reports are produced annually, as mandated by the 1961 Foreign Assistance Act, in order to provide the US Congress with a "full and complete" report "with respect to practices regarding the observance of and respect for internationally recognized human rights." In its 1991 report, the State Department assesses the situation, and fails to further the human rights debate regarding how the Palestinian population can be provided with the international protection to which it is legally, morally and politically entitled.

Criminal Jurisdiction Under the Gaza-Jericho Agreement

This paper looks at criminal jurisdiction under the Gaza-Jericho Agreement, one of a number of challenging legal questions raised by the Agreement due to its sui generis nature. It assess the Agreement's provisions on criminal jurisdiction, and discusses Israel's conduct in the sphere of criminal jurisdiction in light of the law of international and Israeli domestic law. The study concludes that Israel has retained significant powers in the sphere of criminal jurisdiction in the autonomous areas, and thus cannot escape its international responsibility as an Occupying Power. The territory of the Gaza Strip and the Jericho Area retains its status as occupied territory.

Civilian Administration in the Occupied West Bank: Analysis of Israeli Military Government Order No. 947

This Al-Haq report is a legal analysis of the Israeli Military Government Order No. 947. This military order effectively imposes a Civilian Administration on the Palestinians of the West Bank. The report provides a background of the nature of Israel's military control over the West Bank, and illustrates the implications of Order No. 947 as a violation of international law. It also includes an English translation of the military order.

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