To:
Major General Yair Naveh
Commander of IDF forces in the West Bank
Urgent
Re: Sweeping prohibitions on the movements of Palestinians in the West Bank – an additional appeal
Summary of our written correspondence on 5.1.06, 10.1.06, 27.2.06
Over the last few months the security forces have, in accordance with your orders, imposed sweeping restrictions on the movement of the residents of the northern West Bank. As a result of these orders, the residents of the districts of Jenin, Tulkarem, and Nablus are totally prohibited from traveling south of Nablus, and have thereby been totally isolated and cut off from the rest of the West Bank.
According to information we have received, it appears that since the beginning of last week, the residents of Tulkarem, Jenin, and Nablus who are between the ages of 16-30 have been denied any passage south of Nablus.
The limitation on the residents in the north of the West Bank (whether it refers to the general population or residents of a explicit age), to a specific area, and the prevention of their movement within the rest of the West Bank, is one of the most severe violations of the right to freedom of movement. In effect, these orders are the legal equivalent of a decision to create a “demarcated living area” in a confined geographical area for dozens, even hundreds of thousands of human beings. The resultant effect of which is the severance, for many of them, from their source of livelihood, families and vital public services such as health and access to educational institutions.
These sweeping restrictions of movement deal a fatal blow to the residents’‘ rights and the civilian population’‘s fabric of life in general. They further result, whether it is intentional or not, in the loss of livelihood for thousands of families, and severely undermines the population’‘s ability to access medical services, educational institutions, maintain family ties, as well as disrupting the efficient provision of public services, whose employees cannot reach their place of work.
These restrictions that are directed against the civilian population (or large sections of it), are indiscriminate, last for extended periods of time, and represent a clear breach of the military commander’‘s obligation towards the civilian population. Regulation 43 of the Hague Regulations stipulates that a military commander must “take all measures in his power to restore, and ensure, as far as possible, public order and safety”. As a result of these orders and the sweeping restrictions on the freedom of movement that you have decided upon – you are directly responsible for the destruction of the population’‘s fabric of life.
It is also apparent that the severity of the violations and the level of subsequent disruption to the lives of the residents increases as the time-period of the restrictions goes on.
The illegality of this policy, and the illegitimacy of these instructions are evident. The orders are unreasonable to the extreme, totally disproportionate, and contravene absolutely prohibitions of international law, which includes a prohibition of collective punishment (clause 50 of the Hague Regulations, and clause 33 of the Geneva Convention).
Apart from the inherent illegality of these orders, the fact that they were issued with no legal authority to infringe human rights in this manner, renders them, and the actions of those sent to implement them, invalid. As far as we know, no military order has been issued which authorizes IDF officers and soldiers in the field to limit in such a sweeping way, the movement of the area’‘s residents within the West Bank.
In light of that set forth above, we call on you to immediately rescind these illegal orders, and to desist from utilizing such illegal means against civilian populations in the future.
We would greatly appreciate a rapid response to this letter, as it will allow us to evaluate what subsequent steps we need to take to redress this issue.
Respectfully
Adv. Limor Yehuda
last updated : 30/05/06
