الاحتلال الإسرائيلي للضفة الغربية
الملاحظات

↑  On 7 June 1967, Israel issued "Proclamation Regarding Law and Administration (The West Bank Area) (No. 2)—1967" which established the military government in the West Bank and granted the commander of the area full legislative, executive, and judicial power. The proclamation kept in force local law that existed on 7 June 1967, excepting where contradicted by any new proclamation or military order.
↑  Jordan claimed it had a provisional sovereignty over the West Bank, a claim revoked in 1988 when it accepted the المجلس الوطني الفلسطيني's declaration of statehood in that year. Israel did not accept this passage of a claim to sovereignty, nor asserted its counter claim, holding that the Palestinian claim of sovereignty is incompatible with the fact that Israel is, in law, a belligerent occupant of the territory. Secondly it regards the West Bank as a disputed territory on the technical argument that the Fourth Geneva Convention's stipulations do not apply since, in its view, the legal status of the territory is نوع بنفسه and not covered by international law, a position rejected by the ICJ.
↑  "The Israeli-Palestinian conflict is as prototypical case of a conflict which meets the criteria describing an intractable conflict: it is prolonged, irreconcilable, violent and perceived as having zero-game nature and total".
↑  "Decisions of the Israeli Supreme Court have held that the Israeli occupation of the territories has endured far longer than any occupation contemplated by the drafters of the rules of international law".
↑  "The Israel-Palestine issue has a strong claim to be the most closely studied conflict on earth. 'Voluminous' does not even begin to capture the sheer quantity of the material about it."
↑  The Hebrew word for Jewish settlement across the Green Line is hitnakhalut and for "settlers", mitnakhalim implying an inheritance (nakhal), whereas the contemporary Palestinian Arabic term for them, mustawtinin, etymologically suggests those who have taken root, or indigenized natives, a term that historically has not borne negative connotations. "There was nothing derogatory or prejudicial in the use of the term al-mustawtinin, nor did it apply to Jews alone. It could refer equally to any Muslim who had recently taken up residence in Jerusalem but who had been born elsewhere within the Empire". Down to 1948 Palestinians called Zionist settlements (but not traditional Jewish communities such as those in Hebron, طبريا and Jerusalem whose residents were often called Yahud awlad Arab, "Arab Jews/Jews who are the sons of Arabs") kubaniya (companies) or musta'amara / mustawtana only in the written language, and settlers khawaja (master, foreigner), musta'amara (colony, implying invasion and musta'amarin (colonizers) entered colloquial usage after 1948. From 1967 to 1993 al-mustawtin ("one who has turned the land into his homeland") and al mustawtana came to the fore to denote respectively settlers and settlements in the West Bank and Gaza.
↑  "At least five categories of major violations of القانون الدولي لحقوق الإنسان and humanitarian law characterize the occupation: unlawful killings; forced displacement; abusive detention; the closure of the Gaza Strip and other unjustified restrictions on movement; and the development of settlements, along with the accompanying discriminatory policies that disadvantage Palestinians".
↑  "Lowstedt and Madhoun 2003 found that the term 'retaliation' was used to describe Israeli attacks while information about events preceding Palestinians' violent actions tended to be omitted (Philo and Berry, 2004 160-164, 177), and this helped strengthen the plausibility to the dominant narrative, which is that Israel only retaliates against Palestinian violence in self-defence, and never initiates it."
↑  "channelling public discourse in a pro-Israeli direction is crucially important, because an open and candid discussion of Israeli policy in the Occupied Territories, Israeli history, and the اللوبي الإسرائيلي في الولايات المتحدة in shaping America's Middle East policy might easily lead more Americans to question existing policy".
↑  "A partial Jewish state is not the end, but only the beginning. The establishment of such a Jewish State will serve as a means in our historical efforts to redeem the country in its entirety...We will expel the Arabs and take their places.. with the force at our disposal." (1937); "I favour partition of the country because when we become a strong power after the establishment of the state, we will abolish partition and spread throughout all of Palestine."(1938)
↑  "Events leading up to the Six-Day War show that the order established in 1957 had broken down long before Nasser decided to remilitarize the Sinai Peninsula. The greater the military advantage in relation to the Arab armies grew and the closer Israel came to developing a nuclear weapon, the larger and more extensive the IDF 'punitive operations' became. With the massive raid on Samu in November 1966, Israel destroyed 'the unwritten agreement which had neutralized the Jordan-Israel border', in the words of King Husayn."
↑  "Dayan ordered his troops to dig in on the slopes east of Jerusalem. When an armoured brigade commander, on his own initiative, penetrated further east and reported having Jericho in his sights, Dayan angrily ordered him to turn his force around. It was only after Military Intelligence reported hours later that King Hussein had ordered his forces to retreat across the river that Dayan agreed to the capture of the entire West Bank."
↑  "On the Palestinian side there seems to be an apparent lack of interest in law, legal confusion and very serious lacunae in the laws passed after the agreements with Israel were concluded".
↑  In Ariel Handel's analysis, the 124 "legal" settlements, though forming only 2% of the West Bank's land surface have municipal jurisdictions which extend over 42% of the territory, and form one single حي سكني مسور within which the Palestinian towns and villages become "islands". For example, the محافظة الخليل has a Palestinian population of 684,247 (2013) but 7.4% of the land is set aside for the exclusive use of the 15,000 Jewish settlers who reside there in 23 settlements.
↑  Five mechanism have been identified: (a) Seizure for Military Needs. (b) recourse to the Ottoman Law Code of 1858. (c) Absentee Property. (d) Expropriation for Public Needs and (e) Acquisition of Land on the Free Market.
↑  "Sasson implicated the full range of authorities –military and civilian- in breaking the law and pointed to the Civil Administration of the OPT as the hub of illegality."
↑  "The very nature of settler states, their establishment, consolidation and driving ideology, requires a realpolitik approach to the indigenous population(s) because the state itself can be established only at their expense and the expense of their descendants. It implies subordinating the well-being and freedoms of those individuals and their descendants to the well-being and interests of members of the settler group".
↑  "It is important to emphasize that settler colonial objectives have informed Zionist actions pre-1948, post-1948, and post-1967. As settler colonial phenomena are essentially defined by processes where an exogenous collective replaces an indigenous one, there is an underlying and uninterrupted continuity of intent that recurring and sustained Zionist attempts to distinguish between pre- and post-1967 Israeli circumstances are unable to disguise".
↑  "To export a European problem, a more or less shared anti-Semitism from East to West with an admitted peak in the Center of Europe and drop it, not at the doorstep, but well inside the house of the Arabs, can only be understood against a background of century-long traditions of Western colonialism".
↑  "The state of Israel's ideology is explicitly an exclusionary ethnoculturally based nationalism. Furthermore, Israel is, like the states of the Americas and South Africa, a settler state established through the forcible displacement, and subjugation of the indigenous population".
↑  'The centrality of the "settlement enterprise" within the occupation is partially obscured by the use of the multivalent and anodyne term settlement, a word than among other meanings denotes the ending of a dispute or the calming of a contestation. The problem is that settlement is a مفردة متمكنة that dangles free of any socially compelling connotation and is devoid of political context. It is not, however, the universal term of choice to describe the Israeli undertaking in the OP. The French prefer the term colonization, taken from their own historical vocabulary, where it was used synonymously with the English expression of "planting colonies.".. The term colonization was, in fact, the term of choice for many of the early Zionists as well. In the 1880s, the settlers of the first عليا (wave of Jewish immigration to Palestine between 1882 and 1903) named their form of settlement موشافs, the Hebrew equivalent of colony. آرثر روبين, head of the World Zionist Organization's يافا office, titled his 1926 book The Agricultural Colonization of the Zionist Organization in Palestine, and زئيف جابوتينسكي not only used the term in his famed 1923 article (On)الجدار الحديدي but sought to dispel any confusion about its meaning and significance as follows:"Colonization carries its own explanation, the only possible explanation, unalterable and clear as daylight to every Jew and every Arab with his wits about him." Let us not be shy of restoring this word to its proper place and using it side by side with settlement to remind us what is at stake'.
↑  Israeli advisers, from 1984 onwards, assisted the government of سريلانكا in stamping out the الحرب الأهلية السريلانكية, in a conflict where the تاميليو سريلانكا were likened to Palestinians to be smoted hip and thigh like the Philistines, and the encroachment of سنهاليون to fragment Tamil villages was likened to the function of Gush Etzion, in turning the شبه جزيرة جافنا  ‏ into a kind of West Bank.
↑  "The movement behind Israel's civilian settlement throughout the Occupied Territories has been driven by religious and ideological motivations from day one".
↑  42,650 dunams were set aside for colonial settlement in 1970-1971; 8,850 dunums in 1971-1972; 8,807 in 1973-1974; 10,722 in 1974-1975 and 1,653 in 1975-1976.
↑  Yiftachel misprints 129,000 by the end of Likud's second term in 1984. Ian Lustick puts the figure at 44,000.
↑  "Not so long ago, يطا was hardly more than a village; today it spills over the golden-brown hilltops for miles-many refugees from the caves and elsewhere have come to rest, for now, in the town. Yata is poor, dry, unfinished, littered with the inevitable flotsam and jetsam of modern Palestine-the wrecks of old cars, the dusty grocery shops, the graffiti left over from the last election, the sheep and goats and barefoot children, the disintegrating old stone houses dwarfed by ugly, recent buildings, the medieval ruins overgrown by scraggly grass and thorns."
↑  Meron as a youth had survived 4 years in the Nazi concentration camp at تشيستوخوفا and Gorenberg comments "The boy who received his first education in war crimes as a victim was on his way to becoming one of the world's most prominent experts on the limits that nations put on the conduct of war."
↑  "The Israeli Foreign Ministry has also contributed a rationale for rejecting Israel's de jure obligation to uphold the Fourth Convention, arguing that the Convention only prohibits civilian transfers compelled by the government, not voluntary transfers undertaken by the civilians themselves. Recall the language of Article 49: 'The Occupying Power shall not transfer its own civilians into the territory it occupies' (emphasis added). On the Foreign Minister's reading, even if the Geneva Convention applies, voluntary transfers do not violate it, because the Occupying Power is not doing the transfer."
↑  Derek Penslar has argued that, "Israel, unlike the Jewish global conspiracy of the European antisemitic imagination, does exist. Precisely because Arab antisemitism's fantasies are far more thoroughly grounded in reality than those of their European predecessors, a necessary, although admittedly insufficient, precondition for deconstructing those fantasies will be a radical transformation of Israel's borders and policies towards Arabs both within and outside of the state".
↑  "The goal of these acts of sabotage, known as 'Price Tag', is to send a message to the government that dismantling settlements and illegal outposts will be met with retaliation and rioting.. Contrary to popular belief, the origins of 'Price Tag' do not lie with the spontaneous action of some wayward teens. This is a carefully thought-out strategy set in motion by the very heart of the settler establishment – the مجلس إقليمي, which initially also oversaw implementation".
↑  "These terms are used in a neutral and value-free sense. In saying that someone is in the dominator position, we refer to the objective fact that he/she belongs to the stronger side in the relationship without necessarily attaching to this fact a value or an ethical judgment. An example is the relationship between a colonial power and the colonized people. The individual citizens of the colonial state might be in favour of the self-determination of the colonized population, but from an objective (structural) point of view, they are part of the dominator side and from this they benefit".
↑  "First, force to deny self-determination is prohibited under international law. Second, and conversely, 'forcible resistance to forcible denial of self-determination—by imposing or maintaining colonial or alien domination—is legitimate according to the Declaration.' Third, movements to achieve self-determination, although not qualifying as states, have standing in international law, including the right to receive support from outside actors. Finally, third-party governments can treat such movements as legitimate without encroaching on the rights of the state exercising control over the territory and its inhabitants."
↑  "Palestinians and Israelis would be trading fundamentally unlike assets, one tangible, the other intangible. Palestinians would give up moral claims, acquiescing in the denial of their right to return and bestowing legitimacy on their dispossessors by recognizing the vast majority of their homeland as a Jewish state. Israelis, by contrast, would be committing to a physical withdrawal from land under their full control. The crucial difference between these two types of assets is that, once the parties had accepted the parameters, only the intangible ones would disappear. The land, by contrast, would remain in Israel's possession until the parties reached a comprehensive settlement, an outcome that an agreed framework by no means guarantees".
↑  "Applying many of the principles of IDF warfare to bargaining, soldiers in mufti are prone to treat diplomatic talks as analogous to wars of attrition and conducting them according to one of two models: either as a game of waiting out the opponent, or as a lightening offensive aimed at breaking the back of resistance. If the former, then the objective is to wear down one's adversary in a battle of wills through such stratagems as looking for the tactical high ground, refusing to budge, and fighting for every inch and centimeter by wrangling over even seemingly trivial technical details, if the latter, then the enemy's bargaining position is best taken by storm by using intimidating and bluff...The basic inclination is to assume neither goodwill nor magnanimity on the part of the Arab opponents".
↑  Bulldozers were used in the مجزرة جنين and razed houses with family members in them.
↑  Between 2000 and 2012, at least 18 Palestinians, among them 12 minors, were killed by such bullets.
↑  This was a new مكافحة الشغب first reported in the West Bank in July 2002. It consists of small plastic projectiles fired from launchers, and causing an effect like an electric shock, and reportedly its effects induced severe skin injuries are far more serious than those caused by pepperball tactical powder munitions  ‏
↑  Dum dum ammunition was subsequently banned by Israel's المحامي العسكري العام.
↑  "Sumūd is watching your home turn into a prison. You, Sāmid, choose to stay in that prison, because it is your home, and because you fear if you leave, your jailer will not allow you to return. Living like this you must constantly resist the twin temptations of either acquiescing in the jailer's plan in numb despair, or becoming crazed by consuming hatred for your jailer and yourself, the prisoner." Radi Shehadeh.
↑  بيني موريس:"I saw the first intifada that erupted in the winter of 1987 as an effort of a people to throw off a 20-year military occupation. This effort, in the main, was not lethal, and the protesters did not use live-fire weapons."
↑  The first attempted suicide bombing in the West Bank took place at the Israeli settlement of ميخولا on 16 April 1993, killing only the bomber, though injuring 8 Israelis in nearby buses. The beginning of slashing with knives is sometimes dated to the immediate aftermath of the killing of 18 Palestinians on the مذبحة الأقصى الأولى, after they threw stones at Jews at prayer at the Western Wall. A lone wolf, Omar Abu Sirah, then ran amok killing three Israelis with his butcher's knife. This however was a one-off event for the period.
↑  In talks that week with Jacques Chirac, إيهود باراك was told: "This morning, sixty-four Palestinians are dead, nine Israeli-Arabs were also killed, and you're pressing on. You cannot, Mr Prime Minister, explain this ratio in the number of [killed and] wounded. You cannot make anyone believe that the Palestinians are the aggressors.... If you continue to fire from helicopters on people throwing rocks, and you continue to refuse an international inquiry, you are turning down a gesture from Arafat".
↑  "(In) the four major wars Israel fought, Palestinian participation was extraordinarily low. In 1948, of a population of 1.3 million, only a few thousand Palestinians joined irregular forces or the Arab Salvation Army; in the 1956, 1967, and 1973 wars, Palestinian contributions were also slight. The violence that Palestinians did lead over the decades was many times less deadly than struggles against foreign occupiers elsewhere in the world. From the first Palestinian riots in 1920 until the end of June 2015, according to Israeli government sources, fewer than four thousand Jews (forty per year) were killed as a result of Palestinian violence, including the Intifadas and wars in Gaza."
↑  "house searches without warrants, night raids, preventive detention, collective punishment, caning and flogging, deportation, the confiscation or destruction of the homes of actual or presumed rebels, and in some cases even the torture of suspects and prisoners, and responding to demonstrations 'massive force..causing numerous casualties'. With the sole exception of caning, all of these tactics had, by the end of the Second Intifada, become standard practice in Israel's management of the occupied territories".
↑  "The Defense (Emergency) Regulations of 1945 have their origins in the State of Emergency Laws of 1936 and the Defense Laws of 1939 which were introduced by the Mandatory Authority in Palestine (British) to deal with the rising Arab opposition to both the continuation of the British Mandate and Jewish immigration to Palestine between 1936-1945."
↑  A representative from Israel's Ministry for the Interior explained that this West Banker lived in Israel and as an alien, must be deported: "Only the State of Israel is responsible for people residing in it and it has decided unequivocally, based on the deportation order against him, that he must return to Brazil".
↑  Article 53: "Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations."
↑  "The instability caused by the revolt was augmented by increasingly brutal measures taken during the British counterinsurgency campaign: emergency regulations, military courts, collective punishment, the demolition of houses (and indeed entire neighbourhoods), looting, revenge killings, and the like."
↑  When the الخليل settlement was established without Israeli government authority, a barbed wire fence to protect settlers was erected in front of the shops and all Palestinian shoppers had to be frisked before entering them.
↑  "An old man, Salim Id Al-Hathalin, grabs hold of me. He is waving papers - one a receipt from the tax authorities, confirming that he has paid taxes on the land he owns here in the village; the other a demolition order issued by the Civil Administration against his makeshift tent-cum-hut, which he points out to me as he cries: 'Why do they want to destroy my house? Where can I go? Can I go to America? I have nothing and they want to take that nothing from me. Can you help me? Where am I supposed to go?'"
↑  "Every week thousands of soldiers, flesh of our flesh, create these statistics, which our amnesia devours."
↑  "Though both Palestinian and Israeli children are victims of the conflict, Israeli Jewish children are seen as proper innocent victims of terrorism in contrast to Palestinian children who are often perceived as dangerous props of irresponsible parents, a conniving Palestinian Authority and desperate militant groups."
↑  زئيف شيف, an Israeli military correspondent at the time, wrote: "The extent of the injuries caused by the new policy was harrowing. Considering that whole corps of soldiers were engaged in battering away at defenseless citizens, it is hardly surprising that thousands of Palestinians – many of them innocent of any wrong-doing – were badly injured, some to the point of being handicapped. There were countless instances in which young Arabs were dragged behind walls or deserted buildings and systematically beaten all but senseless. The clubs descended on limbs, joints, and ribs until they could be heard to crack- especially as Rabin let slip a 'break their bones' remark in a television interview which many soldiers took as a recommendation, if not exactly an order".
↑  For the first 3 years, from December 1987 to December 1990, the figure is 106,660.
↑  "During the late 1970s and 1980s Israel also continued relentlessly to expand its land control over the territories.. This expansion was backed by a tight check over the development of Palestinian villages and towns, where hundreds of houses on private lands were demolished every year on the grounds that they were illegal or, more recently, a threat to the security of Jewish settlers. Other forms of Palestinian commercial and public development were stifled by the restrictive policies of military government, in effect ghettoizing the locals in their towns and villages and making them dependent on distant Jewish employment."
↑  "By carefully exploring the South African apartheid edifice, particularly the Bantustans, and comparing it with the structural developments set in place in the Palestinian territory since the Oslo process, it shows how the West Bank and Gaza Strip have moved towards a process of 'Bantustanization' rather than of sovereign independence."
↑  "South Africa's homeland policy exhibits a similar architecture of domination combined with racial arithmetic as applied by Israel: Transkei, for example, is characterized by 'physical fragmentation of territory, combined with ethnic dispersal'."
↑  "legal asymmetry which probably most characterizes this conflict. From 1948 onwards, Israel has been a state with its own territory, internationally recognized borders, a clear political agenda, a defined foreign policy, and a powerful and well-organized army. In contrast, the Palestinians had to fight to move from the status of 'non-existence' – if not as 'refugees' — to recognition as a nation, with their own right to a national state. Also, during the years of the British Mandate (1922-1948), despite the fact that both Jews and Arabs were living in Palestine under British power, legal asymmetry was evident. Jews were recognized as a nation whose rights were guaranteed by the text of the Mandate, while the Palestinians were not. This asymmetry had not existed at the beginning of the conflict (1880-1920) when some Eastern European Jews started to immigrate to Palestinian territory, at the time under the sovereignty of the Ottoman Empire."
↑  In his study of the IDF Samy Cohen writes that: "In over 60 years of counterterrorism, warfare, little seems to have changed in the Israeli army mindset since the foundation of the state of Israel. In response to a terrorist threat or an insurgency, be it armed or unarmed, the IDF employs the same sort of response – disproportionate response – striking both combatants and noncombatants at once when it is impossible to strike one without hitting the other, with a certain degree of intentional excess, while trying to refrain from spilling over into mass crime..Disproportionate response is.. an essential component of Israeli strategic culture".
↑  "All Palestinians are exposed to non-stop monitoring without any legal protection. Junior soldiers can decide when someone is a target for the collection of information. There is no procedure in place to determine whether the violation of the individual's rights is necessarily justifiable. The notion of rights for Palestinians does not exist at all. Not even as an idea to be disregarded."قالب:Spf
↑  "If you're homosexual and know someone who knows a wanted person – and we need to know about it – Israel will make your life miserable. If you need emergency medical treatment in Israel, the West Bank or abroad – we searched for you. The state of Israel will allow you to die before we let you leave for treatment without giving information on your wanted cousin".قالب:Spf
↑  "the القرآن regards the olive tree as one of two trees blessed by Allah (the other is the fig)."
↑  1967. The legal norm that has had the most effect on the shaping of tree struggles in the West Bank is Article 78 of the Ottoman Land Code (1274 to the العام الهجري, the Muslim calendar). Put simply, Article 78 grants a long- time cultivator the right of adverse possession... Article 78 of the 1858 Ottoman Land Code states that "every one who has possessed and cultivated Miri land for ten years without dispute acquires a right by prescription [...], and he shall be given a new title deed gratuitously"
↑  "Like children, their trees look so naïve, as they cannot harm anyone- But like (their) children, several years later they turn into a ticking bomb."
↑  In rabbinical tradition, felling olive trees is forbidden. The بيت إيل settlement's rabbi Zalman Melamed  ‏ permits of only one exception, i.e. when they are known to serve as terrorist hideouts.
↑  Following scandals suggesting many of these removed trees were being sold underhand in Israel, with a 600-year-old olive tree earning a market price of $8,000, the IDF undertook to offer to replant them if the Palestinian owner could find other land for them.
↑  "Keeping Tel Aviv, Haifa, and the other cities of the Israeli coastal plain from running dry depends on blocking Arab water development in the West Bank that could stop the aquifers flow westward: hence the ban on Arab wells".
↑  "These economic costs are partially paid by the international community's funds which are creating one of the cheapest occupations and relieve Israel from its duties and responsibilities as an Occupying Power".
↑  Dr Ruby Nathanzon of the Macro Center for Political Economy: "Imagine how much less poverty there could have been in Israel.. There's a terrible distortion, an enormous economic cost in addition to the huge military burden".
↑  "the settlements systematically undermine Israel's rule of law. The project of settling the West Bank was based on flaunting Israeli law from the outset (the Passover feast held to stake a claim in Hebron, the settling of سبسطية, and later the proliferation of outposts that are illegal even under Israeli law). Forging documents, deceiving authorities, flagrantly breaching the law – all these are what made the massive land grab possible, along with the covert mechanisms for channelling taxpayer funds into the settlements far from the public eye".
↑  "In 1981, يعقوب مريدور told a gathering of Israeli businessmen: 'Israel coveted the job of top Washington proxy in Central America'."
↑  "One of the main reasons why Israeli military doctrine on urban operations became so influential among other militaries is that Israel's conflict with the Palestinians since the Intifada has had a distinct urban dimension."
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