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International Commissions of Inquiry and Palestine: Overview and Impact

The present paper is devoted to a study analysis of those international commissions of inquiry and fact-finding missions established in relation to the Occupied Palestinian Territory in order to measure their impact, particularly with regard to the respect and promotion of international law in the area.

Israel’s Deadly Catch: Israel Systematically Attacks Gaza’s Fishermen

This Special Report for the 2015 United Nations Forum on Business and Human Rights highlights severe human rights abuses suffered by Palestinian fishermen and the decimation of Palestine's fishing industry. The Special Report examines the position of American and Israeli gas companies operating within 13 nm of the Palestinian coast and Israel's brutal closure of Palestinian territorial waters to ensure the protection of gas platforms and pipelines operated by the companies in Palestine's maritime waters. All aspects of the Palestinian fishing industry have been impacted from attacks on fishermen, willful killing, unlawful detentions, and the forced removal of fishermen from occupied territory. The closure of Gaza's sea and land buffer has crippled the economy and reduced the supply of fish, a protein rich source of food, to the point that 57 percent of the population in the Gaza Strip, are currently food insecure. In addition, Israel's repeated military offensives on the Gaza Strip targeting vital infrastructure and causing deliberate damage to sewage facilities has had serious environmental consequences destroying vital fish habitats.

Israel’s Retaliatory Seizure of Tax: A War Crime to Punish Palestinian ICC Membership

A new report - titled "The Unlawful Seizure of Palestinian Taxes: Israel's Collective Punishment of a People" and released by Al-Haq on the day that Palestine becomes a member of the ICC - documents the results of Israel's withholding of taxes paid by Palestinian individuals and businesses over three consecutive months and which should have been transferred to the Palestinian Authority (PA). The tax payments were seized by Israel in response to Palestine's accession to the ICC Statute in late December 2014 and amount to nearly three quarters of PA revenue for the period January to March 2015. This has lead to massive cuts to public sector salaries which have hit ordinary Palestinian families across the territory hard.

Institutionalised Impunity: Israel’s Failure to Combat Settler Violence in the Occupied Palestinian Territory

Attacks by Israeli settlers in the occupied West Bank against members of the Palestinian population and their property are an extensive, long-term, and worsening phenomenon. According to the United Nations Office for the Coordination of Humanitarian Affairs, the number of settler attacks resulting in Palestinian casualties and property damage increased by over 144 percent in 2011, compared to 2009, with an average of eight incidents per week, and over 400 incidents throughout the year. Al-Haq has documented a significant increase in incidents of settler violence against the Palestinian population of the West Bank since 2011. In 2013, the report of the United Nations International Fact-Finding Mission on Settlements highlighted the failure of the Israeli authorities to enforce the law by investigating such incidents and taking measures against their perpetrators. The Fact-Finding Mission came to the "clear conclusion that there is institutionalised discrimination against the Palestinian people when it comes to addressing violence."

Illegal Trial of Palestinian Civilian Persons before Palestinian Military Courts

Al-Haq has repeatedly voiced its rejection and denouncement of prosecuting civilians before military courts. Al-Haq further deems that extending military jurisdiction to try and hold civilian persons to account is a clear and grave usurpation of civil jurisdiction and authority by the military judicial authorities. To this avail, Al-Haq presents this study in order to address the issue of military justice in the OPT from three main perspectives:

1. The set of regulations that govern the operation of military justice;
2. Legality of trying civilians before military courts; and
3. Legal liability arising from detaining and trying military personnel and civilians before military courts.

In Focus: House Demolitions

This In Focus brief, drafted as part of Al-Haq's campaign to stop collective punishment against Palestinians in the Occupied Palestinian Territories (OPT), addresses the use of punitive house demolitions by Israeli authorities. It gives an overview of Israeli practices in the OPT; international legal standards relating to house demolitions; and relevant Israeli jurisprudence.

In Focus: Property Destruction

This In Focus brief, drafted as part of Al-Haq's campaign to stop collective punishment against Palestinians in the Occupied Palestinian Territories (OPT), addresses the legality of property destruction in the OPT. It gives an overview of Israeli practices in the OPT and relevant international legal standards under both international human rights and humanitarian law.

Israel's Punitive House Demolition Policy: Collective Punishment in Violation of International Law

This Al-Haq report examines the legality of punitive house demolitions in the Occupied Palestinian Territories (OPT) by the Israeli military. Utilizing the Israeli Supreme Court's security-based reasoning, Israel justifies punitive house demolitions in reference to the Defence Emergency Regulations of 1945. With a historical background of the issue at hand, as well as 5 case sudies of demolitions in the OPT, this study reviews the policy in light of international law. It is established that this policy is a form of collective punishment, and in accordance with humanitarian law and human rights law, is assessed as a war crime and a crime against humanity.

Israel’s Raid on Arab Banks in the Occupied Palestinian Territories: A Legal Analysis

On 25 February 2004, Israeli police, Internal Security Agency (Shabak) officers and Border Police raided branches of the Jordan-based Arab Bank and the Cairo Amman Bank in the West Bank town of Ramallah, seizing in cash from the bank vaults more than NIS 35 million (the equivalent of US$ 7 million). The sum corresponded to the amount of money held in over 200 accounts belonging to individuals, charities and non-governmental organisations. This report analyses the bank raid in light of international law, as well as bilateral agreements between Israel and Palestine.

In Focus: Movement Restrictions

This In Focus brief, drafted as part of Al-Haq's campaign to stop collective punishment against Palestinians in the Occupied Palestinian Territories (OPT), addresses the impact of movement restrictions on Palestinians' lives. It gives an overview of Israeli practices in the OPT; international legal standards relating to freedom of movement; and relevant Israeli jurisprudence.

In Focus: Medical Restrictions

This In Focus brief, drafted as part of Al-Haq's campaign to stop collective punishment against Palestinians in the Occupied Palestinian Territories (OPT), addresses the impact of movement restrictions on Palestinians' right to health. It gives an overview of Israeli practices in the OPT; international legal standards relating to freedom of movement and the right to health; and relevant Israeli jurisprudence.

Israeli Proposed Road Plan For The West Bank: A Question for the International Court of Justice

This case study provides a detailed legal analysis of Israel's 1984 road plan. It outlines the plan's framework, explicates the Israeli High Court of Justice ruling on the plan, and assesses the plan's legality in local and international context. Official data and maps substantiate the road plan's detrimental implications on Palestinian livelihood, including agriculture and irrigation systems.

In Light of the Israeli Draft Law on Denying Compensation to Palestinians: Accountability of the Israeli Occupier for Violations of Palestinian Rights

This report analyses the Israeli draft law which would permanently and retroactively exempt Israel from much of its liaibility for injuries and deaths inflicted by Israeli security forces in the Occupied Palestinian Territories (OPT). This proposed law had enormous implications on Israel's responsibility for violations of international human rights and humanitarian law committed by members of their security forces in the territory it occupies. It also had a grave impact on the rights of the Palestinians who were victims of those violations. Although compensation can never correct an injury in principle, civil liability for the actions of Israeli soldiers has been the only way in which Palestinians have been able to hold the Israeli government accountable for its abuses. Since the publication of this report, the draft text has become Israeli law.

Israel's Deportations and Forcible Transfers of Palestinians out of the West Bank during the Second Intifada

This occasional paper examines the legality, under international law, of two forms of deportations or forcible transfers of Palestinians out of the West Bank adopted by the Israeli government since the outbreak of the second intifada in September 2000. The two case studies are the Church of the Nativity siege in April-May 2002 and the "assigned residence" policy of expelling West Bank Palestinians to the Gaza Strip since August 2002.

Israel's Deportation Policy in the Occupied West Bank and Gaza

This paper examines Israel's reintroduction of a policy of deportations aimed against Palestinian residents of the Occupied Palestinian Territories between 1985 and 1986. It contains a historical background of deportation, the deportation procedure used or revived by the Israeli authorities, and the targeting, timing and justification of the deportation policy in light of international law.

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