9 Preface When we review the situation of human rights in Palestine, as expressed in the sixteenth report of the ICHR published in 2010, it is necessary to point out the importance behind identifying the approach through which one can examine the facts presented to us in that report: should we look at these facts from their bright side? Or should we look at them from their dark side? Because the truth has two sides, objectivity requires us to take an approach that looks at these facts from both sides, especially given the fact that the issue here is not black or white. On the other hand, our approach to the situation of human rights in Palestine would enable us to observe the dynamics of this situation and would accordingly equip us with the tools to draw a curve which illustrates the ups and downs of this dynamism, and enables us, in consequence, to monitor the compass that is directed towards it, if any such compass exists to begin with. Based on the above we can proceed to address some of the facts that might give us a mosaic of the human rights situation in our country which has been subject to Israeli occupation for decades. The Palestinian people’s human rights have as a result been violated by the occupation’s soldiers and settlers. There is no doubt that one of the very first facts of this mosaic picture is the existence of an independent national commission for human rights in Palestine. Its mere existence, as embodied by the ICHR, which is a fully independent and constitutional organization established by a presidential decree and later consolidated by the provision of Article 31 of the Palestinian Basic Law. The Commission then submits its reports to the President of the Palestinian National Authority (the PNA) and the Legislative Council, which is an important indicator of the willingness and preparedness of the Palestinian political system, even in principle, to abide by the principles of human rights and the rule of the law. Despite the fact that the establishment of the ICHR came as a result of an initiative made by civil society rather than by governmental organizations, the readiness of the Palestinian political system to support its establishment through a presidential decree as well as its Constitution demonstrates the undoubted willingness of the system to function according to the principles of human rights and the rule of law. In fact the PNA has agreed to allow the ICHR to systematically monitor its political behavior and to check for any possible violations committed by its Executive Authority in security and civil matters. These violations varied in magnitude and impact. In some instances there were major violations and in other instances the violations were minor. The situation remained like this until the division between Hamas and Fatah materialized. This led to a serious deterioration in the overall system of rights and freedoms in both Gaza and the West Bank. The main factor behind such a huge deterioration in the system of rights and freedoms was the obsession both parties had with security issues. Priority was therefore given to security issues over any other consideration.