A systematic pattern of abuse and harassment is part of daily life in the Territories, and in Hebron's City Center it's intense. Unjustifyably seizing Palestinian houses occur, and at the time of the study, security forces held at least 35 residential dwellings. Typically, here's what happens. Soldiers or police take over a private home for a security outpost. Its inhabitants are affected, their lives are disrupted, they're excluded from occupied rooms, and can only use spaces allotted to them - in their own home.
They're also harassed, routinely searched, threatened and even beaten; soldiers or police cause damage (sometimes deliberately); they play loud music; scatter refuse and even urinate where they want. In some cases, the abuse goes on for years making normal life impossible. Early last year, this writer saw a chilling documentary on this practice. It showed soldiers abusing families and how traumatized they were from the experience.
The pattern of harassment also includes searching homes and shops, random detentions, and demanding identity cards from passersby on any pretext. Even when lawful, privacy and dignity are severely interfered with, and it can happen any time for any reason. In Hebron, it's routine, especially for Palestinians living near settlement points. In those areas, nearly every home has been searched more than once by either the IDF or police at any hour. It's done in one of three ways:
-- pinpoint searches because of a concrete suspicion;
-- extensive searches for mapping purposes; and
-- routine searches in areas artibrarily chosen to "manifest a presence" or just to harass.
In Hebron's City Center, delays and harassment are common daily practices because Israeli settlements are there. Security forces are everywhere, their patrols are frequent, and dozens of annoying checkpoints and permanent positions have been set up for control. For Palestinians in the area or who have to go there, it's nightmarish. They must pass through checkpoints and army positions, and have to show identity cards whenever they do. Even so, delays are frequent and can last for hours at times. Everyone is affected - the sick and elderly, anyone on the street including where they live, shoppers, children going to school and back home, or anyone else for any reason.
In the US, the Bill of Rights Third and Fourth Amendments ban these practices. The Third Amendment states: "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law." The Fourth Amendment prohibits unreasonable searches and seizures and specifically says: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Despite these protections, the post-9/11 environment scrapped the law and desecrated the Constitution. It came through congressional legislation and presidential executive and other decrees that seriously eroded Fourth and other Bill of Rights freedoms. They're effectively gutted, so no one in America is secure and may suffer the same abuses Palestinians now do. It's affected many thousands of people in ways unimaginable but now happen routinely and repressively.
Israel's Policy in Hebron from the Legal Perspective
Israel bases its Hebron City Center policy on the "principle of separation" that seriously violates the rights of all Palestinians affected "in every aspect of their lives." It contradicts international humanitarian law, international human rights law, and also Israeli administrative and constitutional law as they apply to an occupying power. In short, the policy is unjustified and outrageous, but it persists nonetheless.
International humanitarian law covers two main points for an occupier:
-- to ensure its legitimate security concerns; and
-- to guarantee the essential needs of the occupied civilian population as covered under Article 27 of the Fourth Geneva Convention. It states these people "shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof...." This fundamental obligation relates to peoples' right to life, liberty, personal safety, freedom of movement and other sacrosanct human rights.
They're also codified in international human rights law and Israeli administrative and constitutional law that's binding on an occupier. These laws require Israel to prohibit their security forces from infringing on Palestinian rights as occupied people. They also provide for the right to be heard, the duty to act reasonably, and to abide by the principle of proportionality that requires upholding this fundamental rule: administrative body decisions are only lawful if the means used to enforce them are proportionate.
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
