The war between Israel and Hezbollah in
Lebanon, the victory of Hamas in the Palestinian Legislative Council elections
and its formation of a new government, and renewed armed conflict in Gaza
dominated events in 2006.
War between Israel and Hezbollah
The war in Lebanon from July 12 until August 14 left more than 1100 Lebanese
dead, a majority of them civilians, more than 4,000 people injured, and an
estimated one million people displaced. Children accounted for approximately
one-third of the casualties and deaths. In Israel, indiscriminate Hezbollah
rockets killed 39 civilians and injured hundreds more.
In its conduct of hostilities, the Israel Defense Forces (IDF) repeatedly
violated the laws of war by failing to distinguish between combatants and
civilians. The IDF claims that the high proportion of civilian deaths in the
war was due to Hezbollah hiding its rockets and fighters in villages and towns,
but IDF attacks responsible for a majority of the civilian deaths took place
at times when there was no evidence that Hezbollah fighters or weapons were
even in the vicinity. While the IDF in certain cases gave advance warnings for
civilians to evacuate areas likely to be attacked, such warnings do not
relieve a warring party of its obligation to target only combatants. In
southern Lebanon, many people remained even after warnings because of age,
infirmity, responsibility for livestock and crops, inability to afford
exorbitant taxi fares charged for evacuation, or fear of becoming another
roadside casualty of IDF bombing. As a result, the IDF’s indiscriminate
bombardment had devastating consequences for civilians.
Israel’s extensive use of cluster munitions also continues to be a pressing
concern. The UN has estimated that Israel fired cluster munitions containing
2.6 to 4 million submunitions into Lebanon, leaving behind as many as one
million hazardous duds that, at this writing, had resulted in more than 20
deaths and 100 injuries, many of them serious. According to the UN, Israel
blanketed much of southern Lebanon with 90 percent of those submunitions in
the last three days before the cease-fire.
For its part, Hezbollah launched thousands of rockets on cities, towns, and
villages in northern Israel, using a variety of unguided surface-to-surface
rockets. These rockets killed 39 Israeli civilians and injured hundreds more.
Hezbollah packed some of these rockets with more than 4,000 anti-personnel
steel spheres (“ball bearings”) that shoot out upon impact, causing many of
the civilian deaths and injuries. Hezbollah also fired Chinese-made cluster
rockets, each containing 39 explosive submunitions as well as deadly steel
spheres. At least 113 such cluster rockets hit Israel, causing one death and
12 injuries, according to Israeli police. The rockets also caused damage to
civilian homes, businesses, the natural environment, and the economy. While
Hezbollah appeared to target some of its rockets at military objectives, in
some cases hitting them, many of its rockets hit civilian areas, far from any
apparent military target. Such attacks—at best indiscriminate attacks on
civilian areas and, at worst, deliberate attacks against civilians—violated
the laws of war.
The Electoral Victory of Hamas
In January Hamas’s “Change and Reform” bloc won an unanticipated victory in
the second-ever Palestinian Legislative Council elections, taking 74 of 132
seats (or 56 percent). In March, Hamas formed a new government, appointing
Ismail Haniyeh as prime minister.
Israel and key Western powers, which list Hamas as a terrorist organization,
responded to Hamas’s victory by boycotting the government, cutting diplomatic
ties, and withholding the Palestinian Authority’s tax revenues (in the case of
Israel) and international donor funding (in the case of Western countries),
which together accounted for approximately 75 percent of the Palestinian
Authority’s budget.
These actions caused a severe political and financial crisis in the OPT, which
was continuing at this writing. From March onwards, the Palestinian Authority
was unable to pay the salaries of almost all of its approximately 165,000
civil servants, salaries on which one-quarter of all Palestinians rely.
Poverty and dependence on outside food aid climbed sharply. Because Israel
retained effective day-to-day control over most key aspects of life in Gaza,
including ingress and egress and thus the economy, it retained the
responsibility of an occupying power under the Fourth Geneva Convention to
ensure that the occupied population has access to food and medicine, and that
basic health, security, and education needs are met.
Renewed military conflict in Gaza compounded the crisis after a Palestinian
armed group kidnapped Israeli soldier Corporal Gilad Shalit on June 25. In a
stated bid to free Shalit and suppress increased Qassam rocket attacks from
inside northern Gaza (see “Palestinian Authority” below), Israel bombed Gaza’s
sole electrical power plant, which had provided 45 percent of Gaza’s
electricity, conducted a number of military incursions into Gaza, and engaged
in a wide-scale campaign of artillery shelling into northern Gaza. At this
writing, often indiscriminate and disproportionate artillery attacks in 2006
had killed 53 Palestinians, all civilians, and caused serious damage to homes,
fields, and greenhouses.
As of October, the number of Palestinians killed in 2006 by Israeli security
forces had reached 449, at least half of whom were not participating in
hostilities at the time of their deaths, raising serious concerns for civilian
protection. The Israeli army’s continued failure to conduct investigations
into most killings of civilians reinforced a culture of impunity in the army
and robbed victims of an effective remedy.
Israeli authorities expanded already extensive, often arbitrary restrictions
on freedom of movement in the West Bank and East Jerusalem. As of August 1,
the UN Office for the Coordination of Humanitarian Affairs (OCHA) reported 540
physical closure obstacles, up from 376 at the same time in 2005. The closure
of Gaza was more complete than at any time since the outbreak of the intifada
in 2000, with the Rafah international border, Erez crossing, and other
crossings into Israel designed for the transport of goods closed entirely or
opened only irregularly, with disastrous effects on Gazan exports and imports.
As of June 25, 2006, Israel prohibited Palestinian fishermen from fishing off
the coast, affecting the livelihoods of 35,000 people dependent on the fishing
sector, and depriving Gaza residents of fish.
In 2006 Israel stated publicly for the first time that the route of the wall
it had said it is constructing to prevent Palestinian armed groups from
carrying out attacks inside Israel also reflected official aspirations for a
new border. Currently, 85 percent of the wall’s route extends into the West
Bank; if the wall were to become a permanent border, it would mean Israel’s
annexation of approximately 10 percent of the West Bank, including almost all
major settlements there, all of which are illegal under the Fourth Geneva
Convention, as well as some of the most productive Palestinian farmlands and
key water resources. The International Court of Justice has condemned the
construction of the wall inside the OPT. Israel also continued to expand
settlements in 2006 and failed to dismantle most of the 105 “illegal outposts”
(settlements not officially endorsed by the state) despite promises to do so.
Settler violence against Palestinians and their property continued with
virtual impunity.
Israel continued to apply a host of laws and policies that discriminate on the
basis of ethnic or national origin. In June, the Israeli High Court upheld
Knesset legislation that prohibits Palestinians from the OPT, who are spouses
of Israeli citizens (mostly Arab-Palestinian Israelis), from joining their
partners in Israel, except in certain age categories. Since 2002, Israel has
frozen family reunification and forced thousands of married couples and their
children to choose between living apart or living together in Israel illegally.
Israel has also banned Palestinian students from the OPT seeking to study in
Israeli schools and universities, and began denying visas to foreign citizens,
many of Palestinian origin, who have been living, working, and raising
families in the OPT for years.
Palestinian Authority
Although President Mahmoud Abbas of Fatah retained his position as president
of the Palestinian Authority (PA), tensions between Fatah and Hamas increased
during the year. At this writing, talks between the parties about the
formation of a “national unity government” were ongoing, but the internal
security situation had deteriorated drastically, with the two parties’
supporters and security forces clashing in the streets, killing and wounding
bystanders. In a particularly bloody 48-hour period on October 1-2, 11 people
were killed and scores more were injured during clashes and demonstrations.
There was also a significant rise in clashes between armed clan members.
Armed Palestinian groups continued to fire unguided homemade Qassam rockets
from Gaza into civilian areas in Israel in 2006, causing several serious
civilian injuries and at this writing, two deaths. These attacks, either
targeted at civilians or indiscriminate in their impact, are illegal under
international humanitarian law. The Palestinian Authority made little or no
effort to rein in these attacks. In June Palestinian armed groups abducted and
killed an Israeli settler in the West Bank and captured Corporal Shalit, who
at this writing continued to be held as a hostage in violation of the laws of
war.
The number of Palestinian suicide bombings targeting civilians inside Israel
in 2006 was lower than at any time since the beginning of the current intifada
in 2000, but such attacks continued. The Islamic Jihad carried out a lethal
suicide bombing in Tel Aviv in April 2006, killing 11 Israelis. Armed groups
also carried out several attacks in the OPT, killing seven Israeli civilians.
Human Rights Watch has repeatedly pointed out that there is no justification
under any circumstances for attacks on civilians, which violate the most basic
principles of international human rights and humanitarian law. As in previous
years, the Palestinian Authority failed to take decisive action to apprehend
those who had ordered or organized the attacks.
Violence against women and girls inside the family is a serious problem in the
OPT, but the PA has done far too little in response. Law enforcement and
health officials lack adequate training, guidelines, and commitment to report
and investigate the problem. Even in the rare instances where the authorities
pursue cases, perpetrators benefit from outdated and lenient laws that provide
a reduction in penalty to men who kill or attack female relatives committing
adultery, relieve rapists who agree to marry their victims from any criminal
prosecution, and allow only male relatives to file incest charges on behalf of
minors.
Key International Actors
International financial support, and withholding of such support, played an
ever greater role in Israel in 2006. Israel remained the largest recipient of
US aid, receiving US$2.28 billion in military aid and $280 million in
financial aid. At the same time, the US cut all ties with the Hamas-led PA,
pushed the other members of the Quartet (the United Nations, Russia, and the
European Union) to cut direct aid to the PA, and, in October 2006, announced
that it would spend US$43 million to bolster Fatah and other groups opposing
Hamas.
The EU suspended its direct budgetary support to the PA following the election
of Hamas, but funneled some money through the Temporary International
Mechanism (TIM), established in June, to provide urgent humanitarian aid to
the Palestinian people without funding the PA. Both the US and the EU continue
to fund UN agencies and nongovernmental agencies working in the OPT.
On September 20, the Quartet stressed the urgent need for implementation of
the Agreement on Movement and Access, signed by the parties in November 2005,
to allow for continuous opening of Rafah and other crossing points into and
out of Gaza. The Quartet also called for increased international donor funding
through the TIM. Finally, the Quartet indicated that “the resumption of
transfers of tax and customs revenues collected by Israel on behalf of the PA
would have a significant impact on the Palestinian economy,” but fell short of
calling on Israel to immediately hand over the money.
At this writing, the newly created UN Human Rights Council already had held
three special sessions in 2006, one to consider the situation in the OPT (July
5-6), one to consider the situation in Lebanon (August 11), and one to
consider the situation in Gaza after Israeli artillery shelling killed 19
civilians in Beit Hanoun (November 15). All resolutions focused primarily on
Israeli actions and violations, and failed to consider, let alone condemn,
abuses committed by armed groups in the OPT or by Hezbollah in Lebanon.