cornerstone, spring 2013 "let justice roll"

7/30/2019 Cornerstone, Spring 2013 "Let Justice Roll"

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ISSUE 65, SPRING 2013 1

A PUblIcAtIoN by SAbEEl EcUmENIcAl lIbERAtIoN thEoloGy cENtER

In hIs Issue

coRNERStoNE

ISSUE 65, SPRING 2013

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Let Justice Roll(Amos 5:24)

by Naim Ateek

Jewish religious extremist settlers have been heard to saythat they are not interested in human rights but in divine

rights. Tey are reerring to certain biblical texts that theyunderstand and interpret in an exclusive way. Tey believethat God has given the whole land o Palestine exclusively tothe Jewish people. Tey believe that God is the God o Jewsin a special way. Tey also believe that the orah mandatesthe ethnic cleansing o the Palestinians, whom they regard asCanaanites and Amalekites, so that Jews can live and practicetheir laws as demanded by God ree rom the delementso gentiles. Tis, they believe, is their God-given mandate

Human Rights and Divine RightsHuman Rights and Divine Rightsby Naim Ateek 01

Te Law Around Hereby Gerard Horton 04

Disputed or Occupied? by Gerard Horton 05Te Hole in the Wall by Ray Dolphin 08

Womens Voices 12

Glimpses o Our Activities 14

What is Wrong with Settlements?by Gerard Horton 16

Which Peace and Whose Security?by Hind Khoury 20


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2 ISSUE 65, SPRING 2013

and they practice it by encroaching onthe human rights o the Palestiniansso that Palestinians will pack up andleave. Tese settlers commit crimes ona daily basis against the Palestiniansand are protected by the Israeli army.Te government o Israel is unable tocontrol or deter these settlers.

Such a claim about divine rights reectsan ancient concept o a tribal god withhis tribal people whose tribal land is

occupied by their ancient enemies.Tese settlers are not living in the21st century; they have attuned theirmentality to an antiquated biblicalnarrative that dates back thousands oyears and that reects three exclusivetheologies, namely, an exclusivetheology o God, o a people o God,and o land.

Obviously, these settlers keephammering down these exclusive claims

that can neither stand nor be consideredin a modern court o law; but as ar asthese extremists are concerned (and thisincludes the right-wing government oIsrael), they do not care what human-made laws and courts say since they areonly answerable to higher divine laws.Tis convoluted thinking is also sharedby millions o Christian Zionists indierent places around the world.

Such arguments are acceptable to all

those Jews and Christians who believein a literalist reading o the Bible whereevery word is divinely inspired andthereore, divinely ordained. Tey arenot willing to apply any critical thinkingor utilize the most basic elements ologic or even common sense. For manyo us this is an absurd and warped wayo dealing with Scripture especially

when it results in the oppression oothers in the name o the Bible. I wouldlike to believe that most Israelis, asmost Christians, do not entertain suchextreme positions but unortunately,they comprise a silent majority.

In this issue o Cornerstone we wouldlike to touch on some issues that relateto international law and human rightsand how they relate to the conictover Palestine. My responsibility is to

introduce this issue rom a Sabeel aith-based perspective.

A tological prpctiv

It is important to begin by saying thatwhen the Universal Declaration oHuman Rights (UDHR) was adoptedby the UN General Assembly onDecember 10, 1948, it was motivatedby the terrible atrocities committedduring WW2 and the terrible eects

o colonialism on indigenous people.Undoubtedly, some o those who wereinspired to produce the UDHR wereinuenced by the ethical values oChristian aith.

One o the theological bases is thereligious concept that human beingsare created in the image o God and

their human dignity reects the dignito their creator. Such a theologicconcept, when appropriated, is enougto inspire many people to recognize thahuman dignity must always be upheland must never be denied to any perso regardless o diering backgroundTis concept is, thereore, rooted ithe theology o God as creator. Goas creator has created all people equand has endowed them with lie and common humanity. We are not giving

scientic perspective about the mysterand the complexity o the universand the way it came into being; we artalking about a pragmatic aith thagives people meaning here and now.

Tereore, we believe that one o thbest ways to describe God is as a lovinather/mother who loves all peopequally. As Christians, we can add thawe have come to know Gods love moclearly in and through Jesus Christ, wh

lived ully as a human being. Troughis teachings, liestyle, and relationshiwith others, he has become a model oa lie lived in its ullness. Even throughis suering, death, and resurrectionhe has become a paradigm or all thoswho take a courageous stand or trutand just-living. During his lie, Jesuemphasized the love o neighbor an

Women harvesting olives by the Wall


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Te Rev. Ateek is the Director o Sabeel

directly conronted the racism o thepeople o the day. Our concern orhuman rights and human dignity stemsrom our Jesus paradigm the way heloved and cared or others, especiallythe most vulnerable. From our aithperspective, the UDHR, the GenevaConventions, as well as various UNconventions are nothing less than theelaboration and amplication o thebiblical dictum o the love o neighboras Jesus Christ has emphasized.

Moreover, when the UN uses wordslike inalienable rights, it means thatthese rights are inherent, absolute,and indisputable, and every humanbeing is entitled to them. From a aithperspective, thereore, they are God-given, undamental or natural rights;they are ours by virtue o being humanand cannot be given or taken away.Tese rights are oten said to include:the right to lie; to liberty and reedom

o speech; to sel-determination; and tothe pursuit o happiness.

Tankully, the UN has enshrinedvarious human rights conventions ininternational law in order to protectthe weak rom alling prey to dictators,abusers, and exploiters. By doing so, theUN in many ways complemented thebest ethical and moral teachings oundin the various religions. At times it hadto rise above certain religious teachings

that are equivocally ambiguous andconate some o those human rights.Te Bible has, or example, much tosay about caring or the vulnerable insociety: the poor, the orphan, the widowand the stranger. God becomes theirprotector because the vulnerable caneasily be exploited by others. From a

aith perspective, the UN has taken thatrole. Its ethical oundations are rootedin religion and its laws are articulatedand adopted in a universal way so thatthey can apply to all people. Due tothe human propensity to exploit others,human rights had to be enshrinedthrough international laws so that theycould become binding on all humansand governments. At times we see thateven when constitutions exist, somepeople nd loopholes to exploit others.

Tis is why it is important to stayvigilant in order to ensure that humanrights are respected and exercised.

uitd natio, Iral,& orcmt

What has always amazed me is that whenthe UDHR was adopted in December1948, it was signed by Israel. Tis wasdone despite the act that hundreds othousands o Palestinian reugees had

by then been displaced by Israel andhad their human rights violated. Tegreater impact at the time, however,was the holocaust. Clearly, the humantragedy o the Palestinians did not yethave any impact.

How can the international communitywork in concert to implement whatthe global community in its bestand highest moments o humanconsciousness had agreed on? How can

the UN implement these resolutionsregarding the Palestine-Israel conictthat can bring about a just peace or allthe people o our area?As a case in point, on December 24,2012, the UN Human Rights Councilproduced a valuable report on the humanrights condition o the Palestinians underthe Israeli occupation (A/HRC/22/46/

Add.1). For the Palestinians and manypeople in the world who care aboutjustice and peace in Palestine, the reportwas a breath o resh air because it wasclear enough and courageous enoughto address the violations o the IsraeliGovernment. However, rom the pointo view o the oppressed, this was yetanother wonderul report (added to manylike it) that on the one hand was a signo hope or the oppressed that there werestill people who spoke the truth without

succumbing to the pressure o poweruloppressors; and on the other hand, it wasthe disappointment that comes rom thelack o a mechanism o enorcement thatrender these reports practically worthless.When such things are repeated timeand again, they cause the oppressed tolose hope in the institution that standsbehind these reports.

In summary, I would like to emphasizetwo connected points: It is mandatory

that the UN nd better ways toexecute, enorce and implement all itshuman rights conventions. Secondly,when more people and governmentsaround the world begin to use theseinternational human rights conventionsas the basis on which to adjudicate,legislate and administrate grievances, itwill be possible to conceive a time whenmost people will see them as a reliablesupplement or even a substitute orthe conusing and oten contradictory

moral tenets o religion. In other words,the universal human rights regulationscan then help saeguard and protect therights o all people transcending manyo the exclusive traditional and religiouspractices.


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centrality to the conict. Tis principleis based in customary international law,and so all nations on earth are boundby it. Because o its importance, it alsonds expression in the UN Charter andcan be stated as ollows:It is impermissible to acquire territorythrough military means, regardless o whostarts a conict.1

Te wisdom behind this principle is

that it is designed to take the incentiveout o what has historically been oneo the chie causes o war covetingones neighbours property. In thepresent context this principle meansthat Israel cannot legally hold on tothe West Bank, East Jerusalem andGaza, which it has occupied since thewar o June 1967 and it matters not,rom a legal perspective, who may havestarted the war. Te importance othis principle to the present conict is

proound as most (i not all) o the rootcauses o human rights violations thatoccur regardless o the identity o theperpetrator have their root causes inthe military occupation that commencedimmediately ollowing the end o thewar and continues to this day.

So, ater urther discussion and theconsumption o much strong coee,the group decided upon the ollowinglist o topics or consideration in thisissue. It should be noted, however, thatthe list is not intended to be exhaustiveand is not intended to suggest that the

absence o a topic connotes lesserimportance. In many instances, inorder to rame the issues, the ofcialposition o the Israeli Government isset out and expressed on the websiteo the Ministry o Foreign Aairs.Tis is then ollowed by a discussiono the legal merits o the argument,based only on authoritative legalsources. And so to the topics:

1. Are East Jerusalem, the West Bankand Gaza occupied territories,or are they merely disputedterritories as claimed by the IsraeliGovernment?

2.Are all Israeli settlements andoutposts in East Jerusalem andthe West Bank illegal, or arethey merely something to bediscussed in the context o widernegotiations as claimed by theIsraeli Government?

3. Is Israels separation Wall builtlargely in the West Bank justied onthe grounds o security as claimedby the Israeli Government?

4. Was Palestines recent successulUN bid to upgrade its statusjustied, or was it a unilateralaction comparable to an act odiplomatic terrorism as claimedby Israels Foreign Minister?

In order to answer these questions,Sabeel sought out persons amiliarwith these issues and we hope that yound the ollowing discussion useul.

The Law Around Here

by Gerard Horton

o many people, the thoughto embarking on a discussion othe Israeli-Palestinian conictis a daunting challenge raughtwith conusion, complexity andcontroversy. Tankully, somebinding principles have beendeveloped, oten at great sacrice andater much trial and error, which canhelp to guide us along the way. Tiscollection o principles, also knownas international law, is not perect,but there is almost unanimousagreement that these are theprinciples that apply. Accordingly,i a just and lasting solution to theconict is to be ound, it will needto be grounded on these principles.

In February o this year, a handul omen and women gathered togetherat Sabeels ofces in Jerusalemto discuss the next issue o theCornerstone Magazine this issue.Te group knew that the issue wouldhave a legal theme, but the task athand was to decide what orm thiswould take. Te idea that emergedwas to identiy a small number otopics that regularly arise and seei some clear and practical answerscould be ound based on well-

established principles. Te hopebeing that what ollows will be bothinormative and provide practicalguidance to our readers.

In discussing which questionsshould be included in this issue,it soon became clear that there isone principle that perhaps standsabove all the others because o its

1 Article 2 o the UN Charter; ICRC Meeting o Experts, Geneva, October 1998; UN Security CouncilResolutions 242 (1967); 252 (1968); 267 (1969); 271 (1969); 298 (1971); 338 (1973); 446 (1979); 452(1979); 465 (1980); 476 (1980); 478 (1980); 681 (1990); 799 (1992); and 904 (1994).

Gerard Horton is a lawyer who or the past ve years has ocussed on the issue o childrenprosecuted in military courts. Previously he practised as a barrister in Sydney, Australia.


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the British Government in 1917. TeDeclaration pledged to acilitate thecreation o a Jewish homeland within

Palestine. Te terms o the Declarationwere inherently contradictory andunworkable, promising a Jewishhomeland within an unspecied area oPalestine, whilst noting that:[I]t being clearly understood thatnothing shall be done to prejudice thecivil and religious rights o existing non-Jewish communities in PalestineAnd so with these mutually exclusivecommitments the seeds o conict weresown.

Tirty years passed during which timethe Jewish population o Palestine encouraged by the Balour Declarationand eeing Nazi persecution increasedrom around13 to 33 percent o thetotal. Some o this immigration was legalunder Britains mandatory authority,and some was not. Te inux o Jewishimmigrants rom Europe, whether legal or

Disputedor Occupied?by Gerard Horton

For more than 400 years the OttomanEmpire controlled a vast territorystretching rom southern Europe to the

Middle East and North Arica with itscapital in Istanbul, urkey. Te empireincluded the Holy Land, also known ashistoric Palestine, in what is today Israeland Palestine.In 1918 the old empire collapsedollowing the end o the First WorldWar. Immediately ater the war thevictorious powers competed with one

another to extend their inuence overthe pieces o what remained that heldstrategic interest.1 As part o this post-war carve-up, Britain was granted amandate over historic Palestine by

the League o Nations, a orerunnerto the United Nations. Under themandate, Britain was authorised totemporarily administer Palestine until itsinhabitants were deemed capable o sel-determination by the powers that be.2Signicantly, the articles o the mandateincorporated the terms o the BalourDeclaration, a pronouncement made by

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illegal, antagonised the local Palestinianpopulation (Christians and Muslims),and later British attempts to restrictimmigration only served to antagonisethe minority Jewish population.3

Following the Second World War,an impoverished Britain declared itsintention to renounce its responsibilitiesunder the mandate and to quitPalestine by 1948. Following Britainsannouncement, the United Nationstook up the responsibility or decidinghow Palestine should be governed inthe post-mandate era. A committeewas ormed and a report was producedrecommending that Palestine be divided

between Palestinian Arabs and Jews.Te Partition Plan, as it became known,was submitted to the United NationsGeneral Assembly or consideration,and in a non-binding vote, the Planwas approved.4 However, the Planwas immediately rejected by the Arabpopulation o Palestine and many ArabStates as being unbalanced, not leastbecause 65 percent o the population(Palestinian Arabs Christians andMuslims) were being oered around 45

percent o the land.5As Britain withdrew, the situationdeteriorated and ghting broke outbetween Jews and Arabs. Ten on 14May 1948, Israel unilaterally declaredits independence in accordance with thenon-binding Partition Plan, which hadalready been rejected by the majority othe local population. Fighting continueduntil the warring parties agreed to a UNbrokered armistice that let the newlyestablished State o Israel in control o

78 percent o historic Palestine - 23percent more than had been envisagedby the UN under the Partition Plan. Teremaining 22 percent o historic Palestinewas now administered by Jordan (EastJerusalem and the West Bank) and Egypt(Gaza).6 Te temporary ceasere line(Green Line) between the parties ranright through the middle o Jerusalem,

dividing the city between East and West,even though it was stated to be withoutprejudice to uture territorial settlementsor boundary lines or to claims by eitherParty relating thereto.7

Tis is how things remained until June1967, when war again broke out inthe region. Ater six days o ghting,Israeli orces were let in control oEast Jerusalem, the West Bank, andGaza, or in other words, all o historicPalestine.8 Te legal implications o thisdevelopment have been authoritativelyconsidered on a number o occasions andare not seriously disputed, other than bythe government o Israel.9 Tese bindinglegal principles can be summarised as

ollows:101. Since June 1967, East Jerusalem, theWest Bank and Gaza have been held byIsrael under military occupation; and2. As an occupying power, Israel does notacquire sovereignty over the territory,irrespective o who was responsible orstarting the war. Tis implicitly meansthat at some point the occupation mustend.11

Te solitary position taken by the Israelisis conveniently presented on the website

o the Ministry o Foreign Aairs:12

Israels presence in the territory is otenincorrectly reerred to as an occupation.However, under international law, trueoccupation occurs only in territoriesthat have been taken rom a recognizedsovereign. Te last recognized sovereigno the West Bank and Gaza was theOttoman Empire, which ceased to existollowing the First World War. [...] Asthe West Bank had no prior legitimate

sovereign, under international law theseareas cannot be considered as occupiedArab or Palestinian lands, and their mostaccurate description would be that odisputed territories.

Tis very same argument was usedby the Israeli Government beorethe International Court o Justice in

2004, and was quickly rejected.13 Iresponding to Israels position, the Couhad to determine i the Fourth GenevConvention ratied by Israel in 195 was applicable to the conict as th

relevant embodiment o internationlaw. Te Convention is based on thuniversally-accepted principle thadespite occupation and war, peopliving in an occupied territory shoulcontinue to live in as normal a manneas possible and in accordance with thelaws, culture and traditions.14 Te Coudetermined that or the Convention tapply and thereore, Israels control o thterritory to be classied as a temporarmilitary occupation, two conditions ha

to be satised:1. Tere must have been an armeconict; and2. Te conict must have arisen betweetwo parties to the Convention.In nding that both conditions werullled, the Court determined that aarmed conict between Israel and Jordahad broken out in June 1967, and at thtime both were parties to the FourtGeneva Convention. On a propconstruction o the law, it was irrelevan

whether or not the occupied territorwas the sovereign territory o any state the time the conict started.Te same argument continues to brecycled by Israeli ofcials in spite ouniversal rejection o the Israeli positionTe reason or Israels steadast rejectioo the accepted legal position is thait imposes a number o inconvenientruths upon Israel, such as:1. All Israeli settlements and outposts iEast Jerusalem and the West Bank ar

illegal by virtue o Article 49 o the FourtGeneva Convention. It matters nowhether the settlers moved voluntariinto occupied territory or were assisteor orced by the government.2. Te destruction or seizure oPalestinian property in East Jerusalemthe West Bank and Gaza is illegal unleabsolutely required out o militar


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1- Te process o demarcating European inuence over the remnants o the Ottoman Empire began beore the end o the First World War, most amouslywith the Sykes-Picot Agreement o 1916. In that agreement Britain and France, with the consent o Russia, established their prospective spheres oinuence in the Middle East once the war was won.

2- International Court o Justice, Legal Consequences o the Construction o a Wall in the Occupied Palestinian erritory, Advisory Opinion, 2004 (ICJ

Advisory Opinion on the Wall) paragraph 70.3- United Nations Special Committee on Palestine, Report to the General Assembly, 1947 UN document A/364.4- UN General Assembly resolution 181. Te vote was: 33 or, 13 against, with 10 abstentions.5- United Nations Special Committee on Palestine, Report to the General Assembly, 1947 Chapter VI.6- In 1950 Jordans parliament incorporated the West Bank but stated that it was without prejudicing the nal settlement o Palestines just case within

the sphere o national aspirations, inter-Arab cooperation and international justice. Egypt did not incorporate the Gaza Strip but administered itas an inseparable part o the land o Palestine. See: Te Case or Palestine: An International Law Perspective, John Quigley, chapter 21.

7- ICJ Advisory Opinion on the Wall (2004) paragraph 72.8- During the war o 1967, Israel also captured the Sinai Peninsula rom Egypt and the Golan Heights rom Syria.9- ICJ Advisory Opinion (2004); Commission on Human Rights resolutions 6 (XXIV), 6 (XXV), 2001/7; Human Rights Council resolutions 7/18,

10/18, 19/17; Security Council resolutions (1969) 271, (1979) 446, (1989) 641, (1990) 681, (1992) 799; General Assembly resolutions 2546,ES-10/2, 36/147 C, 54/78, 58/97, ES- 10/18, 66/225; ICRC.

10- ICJ Advisory Opinion on the Wall (2004).

11- Article 2 o the UN Charter; and ICRC Meeting o Experts, Geneva, October 1998.12- Israel Ministry o Foreign Afairs website, FAQ: Israel, the Conict and Peace. Available at: http://is.gd/OMks5Y13- ICJ Advisory Opinion on the Wall (2004).14-Te main purpose o the Fourth Geneva Convention is to protect civilians living under military occupation against arbitrary action by the State see

ICRC Meeting o Experts, Geneva, October 1998.15- According to monthly gures published by the Israeli Prison Service.16- Article 2 o the UN Charter; ICRC Meeting o Experts, Geneva, October 1998; UN Security Council Resolutions 242 (1967); 252 (1968);

267 (1969); 271 (1969); 298 (1971); 338 (1973); 446 (1979); 452 (1979); 465 (1980); 476 (1980); 478 (1980); 681 (1990); 799 (1992);and 904 (1994).

17- ICRC, Occupation and Other Forms and Other Forms o Administration o erritory, Expert Meeting, 2012, page 72.

necessity by virtue o Article 53 o theFourth Geneva Convention.3. Te transer o Palestinian prisonersto detention acilities inside Israel isillegal by virtue o Article 76 o the

Fourth Geneva Convention. Althoughall Palestinian prisoners are supposedto be detained in the occupied territory,each month around 85 percent are heldinside Israel.15

4. Regardless o what Israel says or does,it cannot acquire legal sovereignty overEast Jerusalem, the West Bank or Gaza,and at some point in accordance withinternational law must give up theterritory as the U.S. did in Iraq andAghanistan.16

5. Subject only to legitimate securityconsiderations, the welare o thelocal population is the main principleguiding the measures and policiesundertaken by the occupying powerin the administration o the occupiedterritory.17

Accordingly, the only resolution to theconict consistent with internationallaw requires a ull withdrawal o Israeliorces to the pre-1967 borders and thedismantling o all settlements withoutpreconditions, making the way or thecreation o a Palestinian State in the West

Bank, East Jerusalem and Gaza. TePalestinian State would still only occupy22 percent o historic Palestine eventhough the population split between Araband Jewish stands in equilibrium, withsix million Palestinians and six millionJews now living in the Holy Land.

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A Palestinian woman weeps next to her olive trees torched by settlers


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by Ray Dolphin

Backgrod

In 2002 ollowing a campaign osuicide attacks by Palestinian militants,the Israeli Government approvedthe construction o a Barrier to deter

suicide bombers rom the West Bank.Approximately 62 percent o theBarrier is now completed, a urthereight percent is under construction,and 30 percent is planned but notyet constructed (see Barrier Factsand Figures). According to the Israeliauthorities, the Barrier remains atemporary security measure and is not

intended to annex land or to constitutea border to replace the internationally-recognised Armistice Line (GreenLine). Most Israeli citizens attributethe lack o suicide bombings in Israel inrecent years to the success o the Barrierin preventing inltration rom the WestBank. However, not denying that theBarrier has had security benets, many

analysts attribute this decline to animprovement in security inormationsharing and cooperation betweenIsrael and the Palestinian Authority,and a tactical decision by Palestinianmilitants to suspend suicide bombings.Israeli ofcials estimated in 2011 thatapproximately 15,000 Palestinianswere smuggling themselves into Israel

every day rom the West Bank to loo

or employment despite the Barrier.

Irrespective o the ofcial reasons, thinclusion o Israeli settlements on thIsraeli side o the Barrier includinareas planned or their uture expansio is a major reason or the deviation othe Barrier rom the Green Line intthe West Bank. Over 70 o the 15Israeli settlements in the West Banand over 85 percent o the total settlepopulation are located on the Israe

side o the Barriers route.

T Itratioal Cort oJtic Adviory Opiio ot Barrir

On 9 July 2004, the International Couo Justice (ICJ) the principal judicia

The Hole

in the Wall

UPI/DebbieHill


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organ o the United Nations issued

an Advisory Opinion on the LegalConsequences o the Constructiono a Wall in the Occupied Palestinianerritory. Te ICJ recognizedthat Israel has to ace numerousindiscriminate and deadly acts oviolence against its civilian populationand that it has the right, and indeedthe duty, to respond in order to protectthe lie o its citizens. [However], themeasures taken are bound nonethelessto remain in conormity with applicable

international law.

Te ICJ stated that the sections othe Barrier route that ran inside theWest Bank (including East Jerusalem) together with the associated gateand permit regime violated Israelsobligations under international law. TeICJ called on Israel to cease construction

o the Barrier, including in and around

East Jerusalem; dismantle the sectionsalready completed; and repeal or renderineective orthwith all legislativeand regulatory acts relating thereto.1

Te Courts Advisory Opinion statedthat UN Member States should notrecognize the illegal situation createdby the Barrier and should ensure Israelscompliance with international law. UNGeneral Assembly Resolution ES-10/15o 20 July 2004 demanded that Israelcomply with its legal obligations as

stated in the ICJ opinion.

Impact

East JerusalemTe route o the Barrier inside the WestBank (including East Jerusalem) isnot only contrary to the ICJ advisoryopinion, but is also responsible or the

humanitarian impact on Palestiniancommunities. In addition to the majorimpact on rural communities (describedbelow), the Barrier also adversely aectsurban areas, in particular Qalqiliya,Bethlehem and East Jerusalem. In EastJerusalem, the Barrier is transormingthe geography, economy and sociallie not only o Palestinians who residewithin the Israeli-dened municipalarea, but also residents o the widermetropolitan area. In the areas where theBarrier ollows the municipal boundary,it physically separates Palestiniancommunities onto either side o whathad previously been a jurisdictionaldivision. Tus, certain West Bankneighbourhoods and suburbs thatwere once closely connected to EastJerusalem are now walled out, causingpreviously ourishing residential andcommercial centres to close down. TeRamallah and Bethlehem urban areas,which have historically been connectedto East Jerusalem, are also physicallyseparated rom the city by this newdivide.

Rural areasTe Barriers impact has beenparticularly severe on Palestinian ruralcommunities, as the intrusive routecuts through eight o the West Banks11 governorates, isolating the arms,

greenhouses, grazing lands and waterresources o tens o thousands oPalestinians. Farmers in approximately150 communities who have landisolated between the Barrier and theGreen Line (Seam Zone) are obligedto use a prior coordination mechanismor to obtain special permits rom theIsraeli authorities to reach their land.

Barrir Fact ad Figr Te Barrier consists of concrete walls, fences, ditches, razor wire, groomed

sand paths, an electronic monitoring system, patrol roads, and a buer zone. Te Barriers total length (constructed and projected) is approximately 708

km, more than twice the length o the 1949 Armistice (Green) Line, whichseparates Israel rom the occupied West Bank.

When completed some 85% of the Barrier route will run inside the WestBank, rather than along the Green Line, isolating some 9.4% of the WestBank (including East Jerusalem).

Around 11,000 Palestinians who reside in areas between the Green Line andthe Barrier (Seam Zone, excluding East Jerusalem) require special permits

to continue living in their own homes; another 23,000 will be isolated i theBarrier is completed as planned. Tere are about 150 Palestinian communities that have part of their land

isolated by the Barrier and must obtain special permits or perorm priorcoordination to access this area.

Access to agricultural land through the Barrier is channeled throughapproximately 70 gates. Te majority o these gates only open during thesix-week olive harvest season and usually only or a limited period during theday.


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Comprehensive data on the number

o permits granted is not available;however, Israeli authorities routinelyrejected many applications, mainly dueto security reasons or on the groundso insufcient proo o the armersconnection to the land.

Even those armers granted accessto their land by permit or priorcoordination ace restrictions to theirpassage through gates and checkpoints.Most o the crossings along the Barrier

are only open during the olive harvest,and each only or a limited time rameduring this period; access or theremainder o the year is prohibited. Intotal, as o this years olive harvest, therewere 77 Barrier crossings (69 gates andeight checkpoints). O the gates, only11 open daily; 11 open or some day(s)during the week and during the oliveseason; and 47 open during the oliveseason only. Te limited allocationo these permits together with the

restricted number and opening timeso the Barrier gates all continue toseverely curtail agricultural practice andundermine rural livelihoods throughoutthe West Bank.

Seam Zone communitiesTis intrusive route o the Barrieralso isolates approximately 11,000Palestinians in 33 communities orisolated households between the Barrierand the Green line in the Seam Zone.

Te majority o those (ages 16 andabove) require permanent residentpermits rom the Israeli authorities tocontinue to live in their homes; Israelisettlers living in the Seam Zonearea are exempt rom this regulation.Few health and education services areavailable between the Barrier and theGreen Line or Palestinians, obliging

residents to pass through Barriercheckpoints to reach workplaces andessential services, and to maintain

amily and social relations on thePalestinian side o the Barrier.

In recent years the Israeli authoritieshave released certain o thesecommunities to the Palestinian side byre-routing the Barrier. However, theseamendments, which are in compliancewith decisions issued by the IsraeliHigh Court o Justice (rather than theICJ advisory opinion), still leave there-routed sections o the Barrier within

the West Bank rather than along the

Green Line or in Israel. In many case

while restoring the communities linkto health and education services, thesamendments restrict their access tthe agricultural land on which thelivelihoods and survival depend.

T way orward

Although Israel has the duty to ensurthe saety and security o its citizenin response to attacks by Palestiniamilitants, this must be in accordanc

with international law and shoulnot cause long-term detriment tthe local Palestinian populationTe ICJ Advisory Opinion called oIsrael to cease construction o thBarrier (including in and around EaJerusalem), to dismantle the sections othe Barrier already completed, and trepeal the gate and permit regime. Iline with the Advisory Opinion, Israshould stop all Barrier constructiondismantle or re-route the constructe

sections to the Green Line, and repethe gate and permit regime. Only thewill the Palestinian communities cuo by the Barrier, including in EaJerusalem, be able to exercise therights to reedom o movement, workeducation, health and an adequatstandard o living. Tis will alsensure that no Palestinian land anwater reserves are isolated between thBarrier and the Green Line, preventincommunities rom cultivating land

harvesting crops and grazing animals.

Photo by Ryan Rodrick Beiler

1 ICJ, Legal Consequences o the Construction o a Wall in the Occupied Palestinian erritorAdvisory Opinion o 9 July 2004, para. 141. Te ull text o the ICJ opinion can be ound ahttp://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&case=131&code=mwp&p3=4

Ray Dolphin is the main author o numerous UN reports on the Wall. He has writteTe West Bank Wall: Unmaking Palestine, Pluto Press, (2006). He is currentworking as a researcher/writer with UNOCHA Jerusalem.


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very scared, she says.My husband and I walked outside tosee what was going on, but the minutethe settlers saw us they started to shoutand verbally abuse us, it was awul. Iwas very worried about my husbandand told him to come back inside.

However, beore we could do anything,I saw the masked settler take positionbehind a pile o dirt about 50 metersaway and aim his rie at us and startedshooting in our direction. Bulletslanded all around us and I was terriedand thought I was going to be killedon the spot. Tere was no one aroundexcept us. I instinctively ducked andstarted to crawl towards our car, whichwas parked on the dirt road a ew meters

away. My husband did the same antold me to get into the car as quickly apossible, Fatima says.Fatima and her husband made it saelto their car but were worried or thechildren still inside the shed. Whethe settlers noticed that my husban

was trying to move the car away theran towards us and started throwinstones. I cannot describe how terrieI was, my heart was pounding and didnt think we were going to makit out saely, but luckily we did, shsays.Miraculously my children escaped anno one was physically hurt, but I amstill in shock our days later. I wake uin the middle o the night panickin

Womens VoicesName: Fatima R.

Age: 38Location: Qusra, West BankDate: 23 February 2013Incident: Settler violence

A Paltiia motr

dcrib t day Iralittlr frd ot at ramily a ty platdalmod tr o tir lad.

Fatima lives with her husband andthree children in the West Bankvillage o Qusra, near the towno Nablus. Te settlement o EshKodesh is nearby. Our village issurrounded by settlements builton land belonging to the village

and the villages nearby, Fatimasays.On Saturday 23 February 2013,I went with my husband andchildren to some agriculturalland we own near the village. Wewanted to plant some almondtrees, to do some weeding andhave a nice day outside in thespring weather. At around noon,ater doing a lot o work on theland, we had a tea break in a

small shed we have on the land.Suddenly, we heard the sound omen shouting outside and cursing- using bad language which I amtoo embarrassed to repeat. Welooked out and saw ve Israelisettlers nearby carrying guns.One o them was masked. I was

A settler throwing wine on Muslim woman in Hebron


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whistling outside at around 4:45p.m., recalls Khadra. I looked out thewindow and saw settlers wearing whiteshirts coming down the hill towardsthe village. My house is closest to thesettlement o Yitzhar where radicalsettlers oten launch attacks against us.

Te last time they launched such anattack was in December when a largegroup surrounded our house in themiddle o the night and threw rocks atour windows. It was such a righteningexperience that I elt sick or days, shesays.Khadra went up to the roo o her houseand started lming with a video cameragiven to her by the Israeli human rightsorganization, Bselem. When thesettlers were about 40 meters away

rom our house, men rom the villagestarted to walk in their direction tostop them approaching any urther. Iimmediately knew there was going tobe conrontation and hoped the soldierswould show up soon, recalls Khadra.More and more settlers came downthe hill and more and more men rom

the village went out to conrontthem. Both the settlers and the menthrew stones at each other. Somewere carrying sticks. It took thesoldiers a long time to show up butwhen they nally did, they didnt domuch. I saw a settler with a pistol

aiming it at the men in the villageas i he was about to shoot. I was soscared. I heard gun shots. I also sawanother two settlers aiming their bigguns at the men throwing stones.Tere were more gunshots. Secondslater, I realized a young [Palestinian]man had been shot in the head, saysKhadra.Tis dreadul situation went on ornearly two hours and during thiswhole time the soldiers did almost

nothing. Ten they shot tear gas andeverybody started to clear the area.Te situation was very tense untilabout 7:00 p.m. I could not sleepthat night. It is a disturbing eelingto know we are completely on ourown; nobody is there to help orprotect us, she says.

and I nd it hard to go back to sleep.My knees are shaky and I sometimeseel my legs are unable hold meanymore. My husband went back tothe land later that day and ound thatthe settlers had pulled out some trees,smashed the windows o the shed and

caused damage to the property, Fatimasays.Tis is not the rst time that settlersrom the nearby settlement o EshKodesh have caused us trouble, ithappens all the time. I think therewere about 15 attacks since June lastyear. On 1 January this year settlersdestroyed about 60 small olive trees,which my husband had planted himsel.Te loss is not simply nancial; the ideao not being able to work our own land

is deeply disturbing. Te settlers dontwant us here, they want to drive us oour land so that they take it over, thatsbasically it, she says.

Name: Khadra M.Age: 43Location: Asira Al-Qibliyeh, WestBankDate: 19 May 2012Incident: Settler violence

Irali ttlr rom t ttlmtYitzar attackd t villag o AiraAl-Qibliy ad ot a Paltiiaridt.

I was at home doing some housework on Saturday when I heard some

photobyR

EUTERS/MohamadTorokman

Death to Arabs Hebrew grafti on a Palestinian car in the West Bank


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GlimpsesofOurActivities

Nazareth

Meeting with a Swedish group Youth meeting in Kur Kana

Youth trip to Jerusalem during Lent Nazareth womens trip to iberius


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GlimpsesofOurActivities

Jerusalem

Clergy meeting in Irtas Monastery Bethlehem

Ecumenical Prayer Service or Syria and Palestinianprisoners at the Dominican Church in Jerusalem

Contemporary Way o the Cross inthe Old City Jerusalem

Quiz Night in Ramallah or young adults

Community Lenten program in Jericho


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by Gerard Horton

Te frst Israeli settlement wasestablished in September 1967,three months ater the start o Israelsmilitary occupation o the WestBank, East Jerusalem and the Gaza

Strip. According to the UN, thereare now 250 settlements in the WestBank and East Jerusalem with a totalpopulation o 520,000.1 All o thesettlements, without exception, areillegal under international law asthey violate Article 49 o the FourthGeneva Convention and the principlethat territory cannot be acquiredthrough war:

T Occpyig Powr all otdport or trar part o it owcivilia poplatio ito t trritoryit occpi.

Further, international law prohibits anoccupying power rom undertaking

permanent changes in the occupiedarea unless these are due to militaryneeds in the narrow sense o the term,or unless they are undertaken or thebenet o the local population.2

Te ofcial Israeli Government positionon the settlements is they are notillegal because the land on which theyare built is disputed, not occupied,

and thereore, the prohibition againtranser o population and settlemendoes not apply. Accordingly, so thargument goes, the settlements arjust one more issue that needs to bdiscussed beore a nal resolutioto the conict can be reached. T

argument thereby attempts to take thsettlement issue out o an inconvenienlegal ramework and places it up onegotiation. Tis is essential rom aIsraeli Government perspective, athe legal argument in support o thsettlements is without merit and habeen rejected on numerous occasionincluding by the UN Security Councand the International Court o Justice

What is Wrong with Settlements?


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stat poorip o a illgaltrpriA recent report published by theUN conrms that since 1967,successive Israeli Governments haveactively encouraged illegal settlementconstruction in the West Bank and EastJerusalem.4 According to the report,Israeli governments have openlyled and directly participated in theplanning, construction, development,

consolidation and/or encouragemento settlements ... by (i) buildinginrastructure; (ii) encouragingJewish migrants to Israel to move tosettlements; (iii) sponsoring economicactivities; (iv) supporting settlementsthrough public service delivery anddevelopment projects; and (v) seizingPalestinian land.

Tis ofcial sponsorship in an illegalenterprise is also conrmed by the Israeli

organisation, Bselem, which reportsthat: Settlers and other Israeli citizensworking or investing in the settlementsare entitled to signicant nancialbenets. One o the mechanisms usedby the government to avor the Jewishlocal authorities in the West Bank,in comparison with local authoritiesinside Israel, is to channel undingthrough the Settlement Division o theWorld Zionist Organization. Althoughthe entire budget o the Settlement

Division comes rom state unds, as anon-governmental body it is not subjectto the rules applying to governmentministries in Israel.

As recently as November 2012, IsraelsFinance Minister, Yuval Steinitz,conrmed state sponsorship o thesettlements whilst at the same time

hinting that all was not above boardwhen he was quoted in the Israeli media(Haaretz: Like a thie in the night) asstating that: Weve doubled the budgetor Judea and Samaria (the West Bank).We did this in a low-prole manner,because we didnt want parties either inIsrael or abroad to thwart the move.

hma rigt violatioaociatd wit t ttlmt

Beyond the headlines the settlementshave an adverse impact on the liveso Palestinians on a daily basis anddirectly contribute to widespreadhuman rights violations in the WestBank and East Jerusalem. Teseviolations include: attacks by settlers;restrictions on religious reedom andrelated intolerance; dispossession anddisplacement; restrictions on reedomo movement; restrictions on reedomo expression and peaceul assembly;

restrictions on the right to water; andan impact on the economic rights oPalestinians.5

Te UN recently observed that theintention behind attacks by settlers isto pressure the Palestinian populationto leave the land. Te UN noted thatduring the course o many settlerattacks, Israeli soldiers and policewere present, suggesting an elemento coordination and complicity by

the State. Furthermore, complaintsby Palestinians against settlers have a91 percent chance o being dismissedwithout any eective action beingtaken, whereas in cases involving settlercomplaints against Palestinians, up to95 percent o cases proceed to court.6

Te settlements and their relatedinrastructure also act as points o

At around1 a.m. I was

sleeping inmy room

when I woke upto banging on the

door. I saw windowshad been smashed.

I was very scared.My whole amilywoke up and my

ather went to answerthe door. When heopened the door I

saw a group o Israelisoldiers standing

behind it.

Khalil 13 yearsAbu Dis, West Bank

riction, as they are generally built inclose proximity to Palestinian towns andvillages. In order to maintain controland ensure the continued viability othe settlement project, the Israeli armyis given the responsibility o suppressingall orms o Palestinian resistance,whether peaceul or otherwise, so as toensure the settlers can go about their

daily business without intererence. Acentral means by which this control isexercised is through regular militaryincursions into Palestinian villages,mass arrests and prosecution in militarycourts. UN and Israeli Prison Servicegures reveal that since 1967 around730,000 Palestinian men, women andchildren have been arrested, prosecuted


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way o an example: wo children livingin the West Bank throw stones at eachother. I one child is Palestinian, he canbe arrested in the middle o the nightby heavily armed soldiers; interrogatedwithout access to his parents or alawyer; and prosecuted in a militarycourt that lacks many basic air trialright protections. I the other child is anIsraeli settler, he will be dealt with underIsraels civilian juvenile justice systemwith all the rights and protectionsone would expect in a well-developedsystem guided by the principle o bestinterests o the child.

A crpig axatioIn its most recent report the UN notesthat despite numerous resolutionso the Security Council and GeneralAssembly declaring the existence othe settlements as illegal and calling ortheir cessation, expansion o settlementscontinues. Tis mesh o constructionand inrastructure is leading to acreeping annexation that makes theestablishment o a viable Palestinianstate impossible.9Te report concludes that thesettlements are established or the

exclusive benet o Israeli Jews and armaintained through a system o totsegregation between the settlers anthe rest o the population. Te systemo segregation is supported by stricmilitary and law enorcement controto the detriment o the rights o thPalestinian population.

Te report ends with a number orecommendations, including thollowing:

Israel must cease all settlemen1.activity without preconditions animmediately initiate a process owithdrawal;UN Member States must compl2.with their obligations undeinternational law not to recognisan unlawul situation resultinrom Israels violations; andPrivate companies must asse3.the human rights impact o theactivities and take all necessarsteps including terminating thebusiness interests in the settlemen to ensure that they are noadversely impacting the humarights o the Palestinian people.

and detained by the Israeli military andreports o abuse within the system arecommonplace.7 Tese gures includebetween 500-700 children each year,some as young as 12 years old, whoare prosecuted in military courts anddetained mostly or throwing stonesat Israeli soldiers and settlers near theirvillages.

O lad - two lawIsraeli military law was imposed onPalestinians living in the West Bank inJune 1967 and remains in place to thisday. Israeli settlers are also technicallysubject to military law. However, inreality, Israeli authorities apply thesame civilian legal system to settlersas to residents o el Aviv, eectivelyannexing the settlements to Israel. Asa result, two people residing in theWest Bank can be subject to dierentlegal systems with vastly dierent rightsand protections simply depending ontheir race or nationality a situationo discrimination that is expresslyprohibited under international law.8

Te discriminatory nature o the legalsystems is perhaps best illustrated by

1- Report o the independent international act-nding mission to investigate the implications o the Israeli settlements on the civil, politica

economic, social and cultural rights o the Palestinian people throughout the Occupied Palestinian erritory, including East Jerusalem, UN Huma

Rights Council, January 2013 (UN report on settlements (2013). According to the UN there are 320,000 settlers in the West Bank and 200,00

in East Jerusalem.2- Regulations concerning the Laws and Customs o War on Land annexed to the Fourth Hague Convention o 1907 (Te Hague Regulations).

3- UN Security Council resolution 446 (1979); International Court o Justice, Legal Consequences o the Construction o a Wall in the Occupie

Palestinian erritory, Advisory Opinion, 2004 (ICJ Advisory Opinion on the Wall).

4- UN report on settlements (2013).

5- Ibid.

6- Ibid.

7- Children in Military Custody (June 2012): A report written by a delegation o British lawyers on the treatment o Palestinian children und

Israeli military law.


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A ampl o lgally bidig un scrity Cocil roltio

Resolution Date Details

242 1967 Emphasizing the inadmissibility o the acquisition o territory by war and the needto work or a just and lasting peace in which every state in the area can live in

security

(i) Withdrawal o Israel armed orces rom territories occupied in the recent conict.

267 1969 Reafrming the principle that acquisition o territory by military operation is not

acceptable, the Security Council deplores Israels violations o UN Resolutions, censuresin the strongest terms Israels actions changing the status o Jerusalem, conrms as invalidall legislative and administrative steps taken by Israel changing the status o Jerusalem,and urgently calls once again upon Israel to rescind past measures and desist rom anyuture actions concerning changing the status o Jerusalem.

298 1971 All legislative and administrative actions taken by Israel to change the status o the Cityo Jerusalem, including expropriation o land and properties, transer o populations, andlegislation aimed at the incorporation o the occupied section, are totally invalid andcannot change that status.

446 1979 Afrming that the Geneva Conventions relative to the Protection o Civilian Persons in

ime o War (1949) are applicable to the Arab occupied territories by Israel includingJerusalem, and that the Israeli settlements in those territories are not valid, and are aserious obstacle to peace.

478 1980 All legislative and administrative measures and actions taken by Israel, the occupyingPower, which have altered or purport to alter the character and status o the Holy City o

Jerusalem, are null and void.

681 1990 Urges the Government o Israel to accept de jure applicability o the Fourth GenevaConvention o 1949 to all the territories occupied by Israel since 1967, and to abidescrupulously by the provisions o the said Convention.

799 1992 Reafrms the applicability o the Fourth Geneva Convention o 12 August 1949 to all thePalestinian territories occupied by Israel since 1967, including Jerusalem.

8- Under international law, no state is entitled to discriminate between those over whom it exercises penal jurisdiction on the basis o their race or

nationality. In Al-Skeini v United Kingdom (55721/07; 7 July 2011), the Grand Chamber o the European Court o Human Rights held that a

state in military occupation o a territory is obliged, by virtue o its adherence to an international human rights treaty, to accord those rights in ull

to persons over whom, without assuming ull sovereignty, it exercises physical power and control, or who inhabit an area o which the contracting

state has efective control.

9- UN report on settlements (2013).


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by Hind Khoury

Israels claim may sound logical. Itargues that Israel withdrew rom Gazaand got rockets on its civilians inreturn. Along the same logic, i Israel

is to withdraw rom the West Bank andEast Jerusalem, it will be taking a majorsecurity risk that it cannot aord.

Only a urther scratch o the suraceregarding the Israeli - Palestinianconict will show that this claim hasbeen successully communicated bythe Israeli media machine, mainly toemphasize Israels status as the victimin this conict; a historical victim othe inherent violence and hatred in the

other either in the orm o worldwideanti-Semitism or the more recentPalestinian and Arab antagonism.

Tis victimhood is an importantelement in the Israeli war strategy andoccupation against the Palestinianpeople. It has been very well andsuccessully communicated over theyears and has led the major westernpowers to adopt an adamant andpainully partial stand by the security

o Israel and its right to deend itsel as a core element in their oreign policy regardless o how truly victimizedthe other peoples around Israel are,mainly the Palestinians. But i MiddleEast peace is important to Israel and itswestern allies, and i they really caredabout the universal values that is said toguide their politics, wouldnt they seek

to implement international law andpursue peace with justice or all peoplesconcerned?Te Palestinian leadership, whilelegitimately acknowledging thePalestinians natural right to deendthemselves and resist the inhuman

and illegal conditions o the Israelioccupation o their land and lives,has condemned the rockets launchedrom Gaza because these contradictinternational law. Such internationallaw is the accepted measure o relativejustice owed to the Palestinian peopleand the main reerence to a negotiatedtwo-state solution.

But then, the record o Israels agrantviolation o international law against

the Palestinian people includingits inhuman hermetic siege o Gazathat continues especially since 2006 is also public knowledge. Te mostdramatic and horric images o thissiege, the continued Israeli aggressionand most inhuman consequencesare communicated on V channels,alternative media and ofcial reports.argeted killings o so called wantedPalestinians, accompanied with thedramatic loss o civilian lives and

massive material damage (especially inGaza) has been categorized as collateraldamage by Israel. Te Israeli aggressionagainst Gaza climaxed in its mercilessbombardment o Gaza or almosta whole month back in 2009, andwas repeated in 2012. Tis was welldocumented by the amous GoldstoneReport and its qualications o Israels

aggression as war crimes and even waagainst humanity.In addition to experiencing daily Israeaggression, Gazans are an integral pao the Palestinian people and cannot bindierent to the continued aggressioagainst their people in East Jerusalem

and the West Bank, which intensieunder the cover o the so called peacprocess.

Under these ongoing conditions oa ctitious peace that allowed (ancontinues to allow) increased Israeaggression against the Palestinians, antalk o the two-state solution and thimplementation o international laon the matter can easily be viewed as aexercise in utility. Tese conditions le

some Palestinian groups in Gaza to viewtheir rockets as a legitimate means oresistance against so much intransigencto their most essential rights as humabeings and as a people.We Palestinians need peace more thaany other people because we need tbe guaranteed a normal lie, which habeen denied to us now or generation to our youth both in the occupieterritories and in the prolonged exias reugees. Hence, the Palestinia

leadership since the mid 1970s has beerallying the Palestinian people arounthe two-state solution as an importancompromised solution or the sake opeace. Palestinians ofcially accepteinternational law on the matter in 198and called or a reduced state o theown in 22% of historic Palestine, whicis their natural ancestral homeland.

Which Peace and Whose Security?


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Tis Palestinian peace oer to Israel hasbeen urther substantiated by the ArabPeace Initiative made by all the Araband Muslim countries (since 2002),oering to make peace and normalize

relations with Israel against its ullwithdrawal rom the Arab erritoriesoccupied in the 1967 war. Neither Israelnor the U.S. accepted this generousoer, and instead, Israel continues itsaggressive settlement expansion in thePalestinian Occupied erritories andthe Golan Heights while imposingsot ethnic cleansing measures againstthe Palestinian population (especiallyin East Jerusalem) in total impunity.Te consequences o the occupation

in East Jerusalem are also publicknowledge and documented by manyparties, including the UN agenciesand the European Head o Missions inJerusalem and Ramallah.

Te only peace that will bring securityto Israel is not military power andhegemony. Security will be a naturaloutcome o a just and durable peacethat both peoples can live with andthat respects international law as

an acceptable measure o justice.Negotiations will be necessary, but onlyto discuss the application o internationallaw as it applies to Palestine in all itscomponents; UN resolutions, the 4thGeneva Convention and the UniversalDeclaration o Human Rights.

Under the total political impasse thathas been acing the peace process oryears now, the Palestinian leadershipsought to save the two-state solution

by reverting back to the internationalcommunity and the United Nationslast November calling on them totake on their responsibilities towardsthe conict and the inalienable rightso the Palestinian people still waiting tobe realized since 1948.Te main obstacle to peace is Israelsreusal to recognize Palestinian rights

and international law on the matter.Peace is neither just nor durable i itis maintained alongside domination,violations o rights and the denial oa decent and a dignied lie to any

one party. For Palestinians peace andnormalization mean ull independenceand recognition, and it cannot meanaccepting Israels exceptionalism.1

Benjamin Natanyahu, the primeminister o Israel, in his UN speecho 2011 said: Palestinians shouldrst make peace with Israel and thenget their state He added: ...peace inwhich a demilitarized Palestinian staterecognizes a Jewish state. While the rst

statement suggests Israel is seeking moretime to proceed with its expansionistand colonialist policies, the secondsuggests capitulation by Palestinians toa skewed balance o power in avor oIsrael and conditioning any peace dealwith the Palestinians to the recognitiono Israel as a Jewish State. Tis is a newand recent condition imposed by Israelto pursue the peace process and onethat dees the very history o the regionand the ethnic identity o its people.

Real peace and security also require romall parties the respect o real democraciesor all, especially in the Middle East.Tis should include respect or culturalheritage in the region as a worldheritage and serious work to discloseand emphasize the true history o theregion that is scientic and based onmaterial and archeological ndings thathave become available since the 19th

century. Tis can be done alongside arespect o the historical narratives onboth sides o the divide.

For peace to succeed, Israelis and

Palestinians need to do two things.First, they need to conclude a nalstatus agreement. Secondly, and moreimportantly, the spirit and the letter othis agreement should promote a senseo justice as perceived by all parties andpeoples concerned. Tis sense o justicethat is strongly promoted by the threemonotheistic religions starting withthe Old estament can practically reston the promotion o international law.

It is no wonder that the whole world,except or Israel and the U.S., stoodby Palestinian rights to statehood in theUN resolution o last November whenPalestine was recognized as a SAE,even though as a non-member o theUN. Tis important recognition,though belated, is a recognition thata paradigm change that emphasizesand respects international law is due inorder or peace to prevail.

Te main legal underpinnings o thepeace process are the land or peaceormula o the Madrid Conerenceand UNSC Resolution 242 (and 338,reafrming 242), which emphasizesthe inadmissibility o the acquisition oterritory by war and the need to workor a just and lasting peace. Resolution242 also calls or the respect or andacknowledgment o the sovereignty,territorial integrity and political

Te only peace that will bring securityto Israel is not military power and

hegemony. Security will be a naturaloutcome o a just and durable peacethat both peoples can live with and

that respects international law as an acceptablemeasure o justice.


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Cot: 1000 usD pr pro or dobl room | 1450 usD or igl roomAdditioal 100 usD or rgitratio atr 1t May 2013

Additioal 200 usD or rgitratio atr 15t Agt 2013Cost icludes room ad meals for 6 ights (nov. 19 to 25), registratio, o-site visits ad all related material

Rgitratio Dadli Octobr 1t 2013

Together we will look at the emergingTheological Landscape

where local and International Theologians refect on

Notre Dame Center, Jerusalem 19 25 November 2013

www.sabeel.org

Join Sabeelin celebrating the 25th

Anniversary of PalestinianLiberation Teology

The Bible and thePalestine-Israel Confict

1Israels Exceptionalism: normalizing the abnormal. Statement by PACBI, 31 October 2011.

Hind Khoury is ormer Minister o Jerusalem Afairs with the Palestinian Authoritand ormer Ambassador to France. She is currently a development consultant and ViPresident o Sabeel.

independence o every State in the areaand their right to live in peace withinsecure and recognized boundaries reerom threats or acts o orce. It alsorecognizes the right o every state to sel-

determination, geographic continuity,and independence.Te main question that seeks an urgentanswer is why such important SecurityCouncil resolutions, alongside manyothers, are let neglected or decades,

threatening peace and security in theworld and imposing on many such adramatically high human, political andnancial cost.Tose in the Middle East, including

Palestinians and Israelis, need and

deserve real peace and normal lives. Tcan only be achieved through a clear anunbiased commitment by all citizenand governments to the internationrule o law and its universal principle

o justice and accountability.


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www.sabeel.rgVisit our newly revised website at:

Frid o sabl nort Amrica (FOsnA)Rev. Dr. Don Wagner, Program DirectorPO Box 9186,

Portland, OR 97207 | USAel: (1)-503-653-6625E-mail: [email protected]

Caadia Frid o sabl (CFOs)3 Sandstone CourtNepean, Ontario | Canada, K2G 6N5E-mail: [email protected]: www.sabeel.ca

Frid o sabl uitd Kigdom (FOs-uK)Anne Clayton, CoordinatorWatlingon Rd.Oxord OX4 6BZ | UKelephone (+44) 1865 787419 or 787420E-mail: [email protected]

Frid o sabl Irlad (FOs-IR)Mrs. May Byrne9 Sycamore RoadDundrumDublin 1601-295 2643 (Ofce and Fax)E-mail: [email protected]

Frid o sabl ntrlad (FOsnL)Vrienden van Sabeel NederlandRev. Willemien KeuningRobijn Reijntjesstraat 411785 EL Den HelderTe Netherlandsel. (+31) (0)6 43637575Email: ino@vriendenvansabeelnederland.nlwww.vriendenvansabeelnederland.nl

Sabeel Ecumenical Liberation Theology CenterP.O.B. 49084 Jerusalem 91491el: 972.2.532.7136 Fax: 972.2.532.7137

General E-mail: [email protected]

Clergy Program: [email protected]

International Programs: [email protected]

Youth Program: [email protected]

Media: [email protected]

Visiting: [email protected]

International Friends o SabeelFrid o sabl scadiavia ad FOs swdRev. Emanuel Furbacken (Chair)Rnnvgen 50

SE -443 45 Sjvik | SwedenPhone: +46 737 738909E-mail: [email protected]

Frid o sabl scadiavia i DmarkRev. Peter Skov FriisLange Eng 21DK-2620 Albertslund | Denmarkphone: +45 3151 0406E-mail: [email protected]

Frid o sabl scadiavia i norwayHans Morten HaugenHarsveien 2e0283 Oslo | NorwayPhone: +47 47340649E-mail: [email protected]

Frid o sabl Ocaa Ic. (FOs-Au)Rev. Dr. Ray Barraclough44 Coral StreetMaleny, Queensland 4552 | AustraliaE-mail: [email protected]

Frid o sabl FracMr. Gilbert Charbonnier

16 C1, Chemin de St. HenryPhone: +33 (0)4 9084 0134F-84000 Avignon| FranceE-mail: [email protected]

Frid o sabl GrmayCanon Ulrich KadelbachHappoldstrasse 50D-70469 Stuttgart | Germany+49 (0) 711 857841E-mail: [email protected]

sabl-nazart

PO Box 50278 Nazareth 16120 Israel

el: 972(4)6020790

E-mail: [email protected]


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PuRPOse sTATeMenT sABeeLofSabeel is an ecumenical grassroots liberation theologymovement among Palestinian Christians. Inspired by thelie and teaching o Jesus Christ, this liberation theologyseeks to deepen the aith o Palestinian Christians, promote

unity among them, and lead them to act or justice and love.Sabeel strives to develop a spirituality based on justice, peace,non-violence, liberation, and reconciliation or the dierentnational and aith communities. Te word Sabeel is Arabicor the way and also a channel or spring o lie-givingwater.

Sabeel also works to promote a more accurate internationaawareness regarding the identity, presence, and witness oPalestinian Christians as well as their contemporary concernIt encourages individuals and groups rom around the worl

to work or a just, comprehensive, and enduring peacinormed by truth and empowered by prayer and action.

For more inormation on Friends o Sabeel groups in youarea please contact our international representatives or thSabeel Center in Jerusalem.

cornerstone, spring 2013 "let justice roll"

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