The Independent Commission for Human Rights - ICHR
17
1.
The impact of Israeli violations on Palestinian
institutions’ ability to fulfil human rights obligations
Introduction
Throughout 2021, the Israeli occupying authorities continued to escalate daily violations and colonial policies against Palestinians, target Palestinian lives and properties, and impinge on rules of the
International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Acting as a
State above the law, Israel seeks to serve and expand its settler colonial project, which runs counter
to customary practice, human rights principles, and international laws. Of these, the United Nations
Security Council Resolution 2334 of 2016 provides that the establishment by Israel of settlements
has no legal validity and demands that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory (oPt), including East Jerusalem, and that it fully respect all
of its legal obligations in this regard.
The Israeli occupying authorities also maintained a systematic policy of providing protection to
Israeli commanders and soldiers involved in the commission of grave violations against Palestinian
civilians. In December 2021, the Israeli occupying forces (IOF) modified open fire regulations,
allowing that stone throwers to be targeted. The impunity of leaders of the occupying Power has
encouraged the persistent perpetration of further abuses. The fact that Israel considers itself immune
from punishment has been a source of great concern for Palestinian citizens. Palestinians have,
therefore, lost confidence in international agencies, human rights actors, resolutions of international
legitimacy, and principles of International Law.
Israeli arbitrary policies and measures serve as a tool to entrench a colonial setting, tighten the grip
on the Palestinian territory, dispossess Palestinians of their social, economic, and political rights,
and deprive them of security and safety. As a result, Palestinian citizens cannot lead a normal life.
The root causes of Israeli racist practices, policies, and crimes against Palestinians are grounded in
apartheid processes. While Israel has historically enjoyed impunity for systematic violations against
Palestinians, repression, systematic excessive use of force, collective punishment, and settlement
activity are distinctive features of the Israeli colonial regime.
For the most part, the Israeli occupying authorities have conferred on hundreds of thousands of
Palestinian residents of Jerusalem a legal status, which undermines their right to a residence on
systematic and discriminatory grounds. This is aimed at Judaising and seizing control of the city
of Jerusalem in the context of Israeli racist colonial and apartheid policies. In pursuit of changing
the demographic structure and tightening the grip on the city, the Israeli occupying authorities and
settlers have systematically targeted Jerusalemite neighbourhoods under the threat of expulsion in
an apparent breach of the principles of International Law. In these quarters, Palestinian families
have lived under the threat of forced eviction and have been deprived of their right to property and
adequate housing. Israeli settler groups further committed illegal and inhuman practices against, and
assaulted, members of these families on a daily basis. Home demolitions reflect a racial engineering
policy and promote discriminatory planning, which seeks to eliminate Palestinian presence in the
Twenty Seventh Annual Report 2021