22 july 2019
Peace Now reports 32 new remote settlement satellites founded since 2012, mostly farms aiming to take over Palestinian land and many publicly funded
Settlers have established dozens of unauthorized outposts in the West Bank in recent years, most of them founded since President Donald Trump entered office, an Israeli settlement watchdog group said Monday.
Peace Now said in a new report that settlers have founded 32 remote West Bank outposts since 2012, often with tactic government support.
Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Six-Day War. The Palestinians seek these areas as parts of a future state. Most of the international community considers the Israeli settlements in the West Bank illegal under international law and an impediment to a two-state solution to the conflict.
According to Peace Now, most of the new outposts are farms that aim to take over large tracts of land at the expense of Palestinians and are often publicly funded.
Other cases included the creation of educational institutions and tourist sites that receive funding from their respective government ministries.
"Most of the illegal construction is carried out in an organized manner by officials and with extensive funding from the public coffers," it said.
Scores of settlement outposts dot the West Bank, in addition to over 120 established settlements. Over time, outposts often grow into neighborhoods of nearby settlements or into full-fledged settlements of their own.
Trump's Mideast team is led by figures with close ties to the settler movement. His ambassador to Israel, David Friedman, for instance, recently told the New York Times that Israel has the "right" to annex some of the West Bank.
Both critics and supporters of the settlements say the White House's friendly attitude has encouraged a jump in settlement activity.
Peace Now said the government has retroactively authorized 15 outposts this year and seeks to approve 35 more as part of what it called a major expansion of West Bank settlements.
"Law enforcement authorities ignore the theft of the land and in effect abet this activity," Peace Now said. "Settlers see this correctly as an incentive to build more outposts."
The Defense Ministry and COGAT, the defense body responsible for civil affairs in the West Bank, did not respond to requests for comment.
Settlers have established dozens of unauthorized outposts in the West Bank in recent years, most of them founded since President Donald Trump entered office, an Israeli settlement watchdog group said Monday.
Peace Now said in a new report that settlers have founded 32 remote West Bank outposts since 2012, often with tactic government support.
Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Six-Day War. The Palestinians seek these areas as parts of a future state. Most of the international community considers the Israeli settlements in the West Bank illegal under international law and an impediment to a two-state solution to the conflict.
According to Peace Now, most of the new outposts are farms that aim to take over large tracts of land at the expense of Palestinians and are often publicly funded.
Other cases included the creation of educational institutions and tourist sites that receive funding from their respective government ministries.
"Most of the illegal construction is carried out in an organized manner by officials and with extensive funding from the public coffers," it said.
Scores of settlement outposts dot the West Bank, in addition to over 120 established settlements. Over time, outposts often grow into neighborhoods of nearby settlements or into full-fledged settlements of their own.
Trump's Mideast team is led by figures with close ties to the settler movement. His ambassador to Israel, David Friedman, for instance, recently told the New York Times that Israel has the "right" to annex some of the West Bank.
Both critics and supporters of the settlements say the White House's friendly attitude has encouraged a jump in settlement activity.
Peace Now said the government has retroactively authorized 15 outposts this year and seeks to approve 35 more as part of what it called a major expansion of West Bank settlements.
"Law enforcement authorities ignore the theft of the land and in effect abet this activity," Peace Now said. "Settlers see this correctly as an incentive to build more outposts."
The Defense Ministry and COGAT, the defense body responsible for civil affairs in the West Bank, did not respond to requests for comment.
The Palestinian President issued two laws by decree on 15 July 2019. The first one is dissolved the High Judicial Council (HJC) and assigned a transitional one while the other amended the Palestinian Judicial Authority Law No.1/2002 and reduced judges’ retirement age to 60 years.
The Palestinian Center for Human Rights (PCHR) condemns the dissolution of the HJC by the Palestinian President and considers it a blatant interference in the judicial affairs and independence, in form and substance.
It is also considered a violation of the principle of separation of powers, codified in Article 98 of the 2003 Palestinian Basic Law: “Judges shall be independent and shall not be subject to any authority other than the authority of the law while exercising their duties. No other authority may interfere in the judiciary or in judicial affairs.”
In response to the dissolution decision, PCHR’s Director, Raji Sourani, said that “This decision is not only an attack on the independence of the judiciary; it would also prejudice the judges’ personal and career interests and their reputation. It also reveals the absence of political will for real judicial reform.”
Sourani continued, “Now that both the legislative and judicial authorities are dissolved; the institutional essence of the state is absent and we are left with a centric political system revolving around the President.”
Whereas both decrees mention being issued in compliance with the recommendations of the National Committee for the Development of the Justice Sector, PCHR reasserts that judges criticized the creation of the committee itself, and that the Judges’ Club issued a press release on the matter emphasizing that the formation of said Committee jeopardizes the integrity and independence of the judiciary. Palestinian human rights organizations supported the stance taken by the Judges’ Club at the time, as the latter is representative of the judiciary’s best interest and orientation.[1]
Additionally, the Committee overlooked the factual causes weakening the Palestinian judiciary, primarily the executive-overreach and meddling in judicial affairs.
This overreach was evident in a number of instances, most prominent was the overthrowing of Chief Justice, Sami Sarsour, who was blackmailed into signing his resignation letter before assuming his role as Chief Justice, and it was used by the executive branch upon deciding to oust him. PCHR vehemently condemned the incident and considered it an erosion of judicial independence[2].
The problematic independence of the High Constitutional Court (HCC) was disregarded by both the recommendations of the aforementioned Committee and the recent laws by decree.
HCC was the subject of wide legal criticism, because its members never took oath in the presence of the Speaker of the Palestinian Legislative Council (PLC), and it was created within the current Palestinian political division with members of a single political faction.[3] This impression was reinforced by the HCC conduct with decisions that favored expanding the President’s authorities, such as granting him authority to lift parliamentary immunity on 06 November 2016[4], and dissolving the PLC in complicity with the President on 12 December 2018[5]. As such, it is evident that the Palestinian executive is moving towards imposing complete control over all branches of the judiciary, giving the Palestinian President supreme power, as is the case in the HCC.
PCHR reiterates that it attempted to protect judicial independence in 2005 when it appealed against the 2005 Judicial Authority Law, which was introduced shortly after the Palestinian President Mahmoud Abbas took office and aimed to enhance the Ministry of Justice’s powers at the expense of the HJC.[6]
The Supreme Court, in its constitutional capacity, decided to drop the new law and maintain the Judicial Authority Law No. (1) of 2002; thus, reinforcing two main principles: a. the imperative consultation with the judicial authority before enacting relevant laws; and b. the independence of the judiciary.
The timing and nature of the 2005 Judicial Authority Law, reflects the early intentions of the executive authority to control the Judiciary and refutes its allegations that the most recent laws by decree were part of a reform process.
This step comes after the Palestinian President usurped legislative authority by dissolving the already absented PLC. Rather than prioritizing ending the Palestinian political division and holding presidential and legislative elections, the Palestinian Authority reinforces it with legislations only applicable in the West Bank.
It also extends presidential powers, making it a de facto substitute to all three branches of government. This trend proves that the HCC is a mere façade and its decisions are designed to facitiliate executive outreach.
The decrees in question were issued only a few months after dissolving the PLC. The latter was authorized by the HCC’s in a decision that was deemed controversial due to the deficient reasoning, and doubts over the Court’s own legitimacy[7]. Therefore, PCHR considered the dissolution of the PLC to be political par excellence. PCHR also condemned the HCC’s position, and considered it an outreach of its jurisdiction, and an interference in the legislative authority in complicity with the executive branch.
Furthermore, in its decision to dissolve the PLC, the HCC contradicted its former decision pertaining to the legitimacy of the PLC’s extended term. Therefore, PCHR affirms that these laws by decree are part of a systematic policy to control the three authorities and pave the way for power absolutism.
The allegation that the problem of the Palestinian judiciary is about current laws or judges is a lie, and an attempt to control the judiciary under the pretext of reform. PCHR considers that true reform starts by ending the executive authority’s interference in the judicial authority as it weaknesses were never in the Judicial Authority Law. Hence, PCHR demands that the President retract his decisions.
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
[1]PHROC Supports Judges’ Club Press Release and Refuses the Bill to Amend the Judicial Law https://pchrgaza.org/ar/?p=14060
[2] The Rule of Law vs. The Law of the Jungle: Independence of Palestinian Judiciary in Jeopardy https://pchrgaza.org/en/?p=8539
[3] PHROC: Press Release by PHROC and PNGO on: “The High Constitutional Court is Yet to Fulfil Inception Requirments and its Decisions are Void” https://pchrgaza.org/ar/?p=14016
[4] Five PLC Members Brought to Account after their Immunity Lifted; PCHR Refuses Employing the “Law” to Oppress Political Opponents https://pchrgaza.org/en/?p=8659
[5] Position Paper: Constitutional Court’s Decision to Dissolve PLC is Political and Illegal
https://pchrgaza.org/ar/?p=16919
[6] PCHR Challenges the Constitutionality of the New Judiciary Law for Its Contradiction with the Amended Basic Law, and the High Constitutional Court Postpones the Case
https://pchrgaza.org/ar/?p=5227
[7] Position Paper: Constitutional Court’s Decision to Dissolve PLC is Political and Illegal
https://pchrgaza.org/ar/?p=16919
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
The Palestinian Center for Human Rights (PCHR) condemns the dissolution of the HJC by the Palestinian President and considers it a blatant interference in the judicial affairs and independence, in form and substance.
It is also considered a violation of the principle of separation of powers, codified in Article 98 of the 2003 Palestinian Basic Law: “Judges shall be independent and shall not be subject to any authority other than the authority of the law while exercising their duties. No other authority may interfere in the judiciary or in judicial affairs.”
In response to the dissolution decision, PCHR’s Director, Raji Sourani, said that “This decision is not only an attack on the independence of the judiciary; it would also prejudice the judges’ personal and career interests and their reputation. It also reveals the absence of political will for real judicial reform.”
Sourani continued, “Now that both the legislative and judicial authorities are dissolved; the institutional essence of the state is absent and we are left with a centric political system revolving around the President.”
Whereas both decrees mention being issued in compliance with the recommendations of the National Committee for the Development of the Justice Sector, PCHR reasserts that judges criticized the creation of the committee itself, and that the Judges’ Club issued a press release on the matter emphasizing that the formation of said Committee jeopardizes the integrity and independence of the judiciary. Palestinian human rights organizations supported the stance taken by the Judges’ Club at the time, as the latter is representative of the judiciary’s best interest and orientation.[1]
Additionally, the Committee overlooked the factual causes weakening the Palestinian judiciary, primarily the executive-overreach and meddling in judicial affairs.
This overreach was evident in a number of instances, most prominent was the overthrowing of Chief Justice, Sami Sarsour, who was blackmailed into signing his resignation letter before assuming his role as Chief Justice, and it was used by the executive branch upon deciding to oust him. PCHR vehemently condemned the incident and considered it an erosion of judicial independence[2].
The problematic independence of the High Constitutional Court (HCC) was disregarded by both the recommendations of the aforementioned Committee and the recent laws by decree.
HCC was the subject of wide legal criticism, because its members never took oath in the presence of the Speaker of the Palestinian Legislative Council (PLC), and it was created within the current Palestinian political division with members of a single political faction.[3] This impression was reinforced by the HCC conduct with decisions that favored expanding the President’s authorities, such as granting him authority to lift parliamentary immunity on 06 November 2016[4], and dissolving the PLC in complicity with the President on 12 December 2018[5]. As such, it is evident that the Palestinian executive is moving towards imposing complete control over all branches of the judiciary, giving the Palestinian President supreme power, as is the case in the HCC.
PCHR reiterates that it attempted to protect judicial independence in 2005 when it appealed against the 2005 Judicial Authority Law, which was introduced shortly after the Palestinian President Mahmoud Abbas took office and aimed to enhance the Ministry of Justice’s powers at the expense of the HJC.[6]
The Supreme Court, in its constitutional capacity, decided to drop the new law and maintain the Judicial Authority Law No. (1) of 2002; thus, reinforcing two main principles: a. the imperative consultation with the judicial authority before enacting relevant laws; and b. the independence of the judiciary.
The timing and nature of the 2005 Judicial Authority Law, reflects the early intentions of the executive authority to control the Judiciary and refutes its allegations that the most recent laws by decree were part of a reform process.
This step comes after the Palestinian President usurped legislative authority by dissolving the already absented PLC. Rather than prioritizing ending the Palestinian political division and holding presidential and legislative elections, the Palestinian Authority reinforces it with legislations only applicable in the West Bank.
It also extends presidential powers, making it a de facto substitute to all three branches of government. This trend proves that the HCC is a mere façade and its decisions are designed to facitiliate executive outreach.
The decrees in question were issued only a few months after dissolving the PLC. The latter was authorized by the HCC’s in a decision that was deemed controversial due to the deficient reasoning, and doubts over the Court’s own legitimacy[7]. Therefore, PCHR considered the dissolution of the PLC to be political par excellence. PCHR also condemned the HCC’s position, and considered it an outreach of its jurisdiction, and an interference in the legislative authority in complicity with the executive branch.
Furthermore, in its decision to dissolve the PLC, the HCC contradicted its former decision pertaining to the legitimacy of the PLC’s extended term. Therefore, PCHR affirms that these laws by decree are part of a systematic policy to control the three authorities and pave the way for power absolutism.
The allegation that the problem of the Palestinian judiciary is about current laws or judges is a lie, and an attempt to control the judiciary under the pretext of reform. PCHR considers that true reform starts by ending the executive authority’s interference in the judicial authority as it weaknesses were never in the Judicial Authority Law. Hence, PCHR demands that the President retract his decisions.
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
[1]PHROC Supports Judges’ Club Press Release and Refuses the Bill to Amend the Judicial Law https://pchrgaza.org/ar/?p=14060
[2] The Rule of Law vs. The Law of the Jungle: Independence of Palestinian Judiciary in Jeopardy https://pchrgaza.org/en/?p=8539
[3] PHROC: Press Release by PHROC and PNGO on: “The High Constitutional Court is Yet to Fulfil Inception Requirments and its Decisions are Void” https://pchrgaza.org/ar/?p=14016
[4] Five PLC Members Brought to Account after their Immunity Lifted; PCHR Refuses Employing the “Law” to Oppress Political Opponents https://pchrgaza.org/en/?p=8659
[5] Position Paper: Constitutional Court’s Decision to Dissolve PLC is Political and Illegal
https://pchrgaza.org/ar/?p=16919
[6] PCHR Challenges the Constitutionality of the New Judiciary Law for Its Contradiction with the Amended Basic Law, and the High Constitutional Court Postpones the Case
https://pchrgaza.org/ar/?p=5227
[7] Position Paper: Constitutional Court’s Decision to Dissolve PLC is Political and Illegal
https://pchrgaza.org/ar/?p=16919
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
On Monday morning, 22 July 2019, Israeli military forces launched a large-scale destruction operation against civilian property in Wadi al-Humus neighborhood, in Sour Baher in the southern part of occupied East Jerusalem.
Hundreds of Israeli soldiers and machinery carried out the destructions that resulted in hundreds of civilians losing their shelter.
The Palestinian Centre for Human Rights (PCHR) condemns this crime against civilians and considers it on par for ethnic cleansing, and holds the Israeli government accountable for escalating the situation in the occupied Palestinian territory (oPt).
PCHR calls upon the international community to hold its legal and moral responsibility and intervene effectively to stop Israeli crimes against Palestinian civilians and to provide necessary protection.
According to PCHR’s documentation, at approximately 2:00 on Monday, 22 July 2019, hundreds of Israeli soldiers moved into Sour Baher village with dozens of construction vehicles.
They stationed in Wadi al-Humus neighborhood, closed its entrances and cut all power supplies. Israeli soldiers then forcefully vacated buildings in the neighborhood, used physical violence against them and banned them from taking any of their belongings with them.
At approximately 06:00, destruction machinery took to work and preliminary numbers assert that at least 8 houses and buildings were destroyed, and explosives were planted in a 10-story building in order to destroy it. video
The destroyed houses include:
It should be mentioned that on 13 June 2019, the Israeli High Court approved the Israeli military’s decision to demolish 16 residential buildings comprised of 100 apartments in Wadi al-Humus neighborhood under the pretext of being near the annexation wall which was established on the village’s lands. On 20 June 2019, the Israeli forces handed tens of residents notices to self-demolish their property by 18 July or the Israeli forces will later do so.
On 21 July 2019, the Israeli High Court rejected the appeal filed by the residents to freeze the demolition orders, and within hours the Israeli forces stormed the neighborhood and started the demolitions.
Wadi al-Humus neighborhood (area: 3,000 dunums; population: 6000) is located on the edge of Sour Baher, south of occupied East Jerusalem. The neighbourhood is not within Jerusalem’s municipal boundaries and most of its lands are classified in Area A that is under full control of the Palestinian Authority according to the Oslo Accords; thus, the buildings’ owners obtained construction licenses from the Palestinian Ministry of Local Governance.
Following the construction of the annexation wall in 2003, the neighborhood was split as some houses ended up in the Israeli side but not under jurisdiction of the Israeli Municipality of Jerusalem.
PCHR deeply condemns the Israeli forces’ violations against Wadi al-Humus neighbourhood and affirms that:
First: the international community’s silence towards the Israeli violations, especially the destruction of an entire neighbourhood and displacement of its residents, reflects the inability of international bodies to protect international humanitarian law, as well as hundreds of United Nations resolutions issued over the past seven decades relevant to the Palestinian cause.
Second: PCHR reiterates that the Israeli judicial system, including the High Court, acts in support of the occupation and legitimizes its violations of IHL when the issues concern Palestinian victims.
Third: PCHR stresses that East Jerusalem is an occupied territory, and all measures taken by Israel since 1967 do not change its legal status as an occupied territory.
Fourth: Article (49) of the 1949 Fourth Geneva Convention prohibited the Individual or mass forcible transfer or deportation of persons from their places of residence, unless it was for their own interest, such as protecting them from the dangers of armed conflicts.
Article 7.1.d of the Rome Statute of the International Criminal Court stipulates that Deportation or forcible transfer of population be considered a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population. This is also emphasized in articles 6, 7, and 8 of the Rome Statute.
PCHR calls upon the international community and UN bodies to intervene to stop Israel’s crimes and violations of Palestinian human rights, and to provide them with protection.
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
Video: Israeli soldiers cheer and celebrate the demolition
Hundreds of Israeli soldiers and machinery carried out the destructions that resulted in hundreds of civilians losing their shelter.
The Palestinian Centre for Human Rights (PCHR) condemns this crime against civilians and considers it on par for ethnic cleansing, and holds the Israeli government accountable for escalating the situation in the occupied Palestinian territory (oPt).
PCHR calls upon the international community to hold its legal and moral responsibility and intervene effectively to stop Israeli crimes against Palestinian civilians and to provide necessary protection.
According to PCHR’s documentation, at approximately 2:00 on Monday, 22 July 2019, hundreds of Israeli soldiers moved into Sour Baher village with dozens of construction vehicles.
They stationed in Wadi al-Humus neighborhood, closed its entrances and cut all power supplies. Israeli soldiers then forcefully vacated buildings in the neighborhood, used physical violence against them and banned them from taking any of their belongings with them.
At approximately 06:00, destruction machinery took to work and preliminary numbers assert that at least 8 houses and buildings were destroyed, and explosives were planted in a 10-story building in order to destroy it. video
The destroyed houses include:
- Isma’il ‘Ebeidiyah: a 2-sotry house built on 250 square meters and sheltering a 7-member family, including 5 children;
- Ghaleb Hawan and his son Monther: a 2-story house built on 210 square meters and sheltering a 10-member family, including 6 children;
- Belal al-Kiswani: a 1-story house sheltering a 5-member family, including 3 children;
- ‘Alaa’ ‘Amirah: a 2-story house built on 400 square meters (uninhabited)
- Mohammed Idris Abu Teir: a 7-story building comprised of 40 residential apartments (under-construction)
- Ja’afar Abu Hamed: a 1-story house (under-construction);
- Mohammed Salem al-Atrash: a 4-story building (under-construction); and
- ‘Ali Khalil Hamadah: a 4-story building (under-construction)
It should be mentioned that on 13 June 2019, the Israeli High Court approved the Israeli military’s decision to demolish 16 residential buildings comprised of 100 apartments in Wadi al-Humus neighborhood under the pretext of being near the annexation wall which was established on the village’s lands. On 20 June 2019, the Israeli forces handed tens of residents notices to self-demolish their property by 18 July or the Israeli forces will later do so.
On 21 July 2019, the Israeli High Court rejected the appeal filed by the residents to freeze the demolition orders, and within hours the Israeli forces stormed the neighborhood and started the demolitions.
Wadi al-Humus neighborhood (area: 3,000 dunums; population: 6000) is located on the edge of Sour Baher, south of occupied East Jerusalem. The neighbourhood is not within Jerusalem’s municipal boundaries and most of its lands are classified in Area A that is under full control of the Palestinian Authority according to the Oslo Accords; thus, the buildings’ owners obtained construction licenses from the Palestinian Ministry of Local Governance.
Following the construction of the annexation wall in 2003, the neighborhood was split as some houses ended up in the Israeli side but not under jurisdiction of the Israeli Municipality of Jerusalem.
PCHR deeply condemns the Israeli forces’ violations against Wadi al-Humus neighbourhood and affirms that:
First: the international community’s silence towards the Israeli violations, especially the destruction of an entire neighbourhood and displacement of its residents, reflects the inability of international bodies to protect international humanitarian law, as well as hundreds of United Nations resolutions issued over the past seven decades relevant to the Palestinian cause.
Second: PCHR reiterates that the Israeli judicial system, including the High Court, acts in support of the occupation and legitimizes its violations of IHL when the issues concern Palestinian victims.
Third: PCHR stresses that East Jerusalem is an occupied territory, and all measures taken by Israel since 1967 do not change its legal status as an occupied territory.
Fourth: Article (49) of the 1949 Fourth Geneva Convention prohibited the Individual or mass forcible transfer or deportation of persons from their places of residence, unless it was for their own interest, such as protecting them from the dangers of armed conflicts.
Article 7.1.d of the Rome Statute of the International Criminal Court stipulates that Deportation or forcible transfer of population be considered a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population. This is also emphasized in articles 6, 7, and 8 of the Rome Statute.
PCHR calls upon the international community and UN bodies to intervene to stop Israel’s crimes and violations of Palestinian human rights, and to provide them with protection.
Public Document
**************************************
Follow PCHR on Facebook and Twitter
For more information, please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893
Gaza- Jamal ‘Abdel Nasser “al-Thalathini” Street – Al-Roya Building- Floor 12 , El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
Video: Israeli soldiers cheer and celebrate the demolition
by Zena Agha on July 21, 2019
for Al Shabaka Palestinian Policy Network
Bipartisan legislation passed by the US Congress in 1997 limits the quality and availability of aerial photography of Palestine-Israel.
The Kyl-Bingaman Amendment (KBA) to the US National Defense Authorization Act was passed under the pretext of protecting Israel’s national security. It prevents US satellite operators and retailers from selling or disseminating images of Palestine-Israel at a resolution higher than that available on the non-US market.
The amendment’s interpretation has been confusing and contradictory in terms of meaning, geographical scope, and legal implications. Its result has been over two decades of limited access to clear aerial photography of Palestine-Israel.
The kinds of research carried out with geospatial data include environmental, geographic, and humanitarian surveys. From an archaeological, geographical, geological, and botanical perspective, high-resolution imagery enables researchers to understand, identify, and document landscape changes.
The KBA is in fact an act of censorship, posing serious obstacles for the preservation of cultural heritage and the monitoring of the decades-long Israeli occupation, including documenting home demolitions, territorial disputes, and settlement growth.
Moreover, the KBA has become obsolete and does not serve its intended purpose. In the 22 years since the KBA was passed, the aerial photography sector has developed significantly, such that a growing number of non-US satellite imaging companies now offer very high-resolution images of Palestine-Israel with a resolution of 0.4-0.7 meters (in line with the global average) as compared to the 2-meter restriction imposed by the KBA on US companies.
Meanwhile, US federal agencies are slowly losing their ability to successfully restrict access to imagery by third parties on the basis of national security and/or foreign policy interests.
The KBA harms US business, since US companies are not able to compete internationally due to the regulatory restrictions on the sale of detailed imagery of the region. Indeed, the Aerospace Corporation warned [pdf] of the amendment’s effect on the US market in 2017:
“As foreign competitors reach and possibly surpass the resolution level that US operators can sell without restriction, policymakers must reconsider whether government-imposed restrictions on the availability of the highest quality US products still make sense.”
In other words, while these restrictions may have been introduced in line with Israeli national security concerns, technology has overtaken policy and US operators are being disadvantaged.
The availability of aerial imagery through open-access platforms only confirms the hindrance created by the KBA. In fact, so absurd is the KBA that Israel itself provides free high-resolution aerial imagery of the territories it controls (modern-day Israel, the Occupied Palestinian Territory, and the Golan Heights), rendering the KBA utterly pointless while also belying the claim that the KBA serves Israeli national security interests.
Reassessing the KBA
Since Michael Fradley and Andrea Zerbini’s groundbreaking 2018 journal article and Al-Shabaka’s policy commentary of the same year, both of which call for a reassessment of the KBA, the amendment has come under greater scrutiny.
However, there is little evidence to suggest that a policy change is imminent.
Rather, the US Department of Commerce and its National Oceanic and Atmospheric Administration (NOAA) – the bodies tasked with administrating the KBA – continue to evade and defer discussions about its efficacy.
The KBA was supposed to be reviewed regularly, but only in 2017 – a decade after its inception – did NOAA finally undertake a formal review, issuing its findings [pdf] in late 2018. NOAA concluded [pdf] that high-resolution imagery of Palestine-Israel was not “readily and consistently available” from non-US sources, and that as such it could not recommend a change to the amendment.
While a detailed report on NOAA’s methodology has not been published, the review method appears to have consisted of NOAA staff attempting to purchase imagery and subsequently reporting the results. However, their logic was circular, as the KBA itself was the major obstacle NOAA staff faced, as US citizens, in their attempt to acquire high-resolution images.
Foreign researchers, on the other hand, have been able to purchase uncensored high-resolution imagery from both non-US sellers and US resellers, demonstrating the anachronistic nature of the legislation. While one can only speculate the exact reason for NOAA’s reticence, there is likely to be pressure from the Department of Commerce and the current White House administration to maintain or even strengthen the KBA. This is a clear instance of politics overriding common sense.
Recommendations
1. NOAA should publish a report on the methodology used in their 2018 report as a matter of urgency, and undertake a more rigorous review of the KBA.
2. Disposing of the KBA and modifying the regulations of the Department of Commerce and NOAA would level the commercial playing field between US and non-US imagery providers. This would allow satellite operators to share high-resolution images of Palestine-Israel on widely-used open-access platforms and ensure their continued international competitiveness. It would also enable archaeologists, researchers, and humanitarians to accurately document changes on the ground and allow for better accountability of the Israeli occupation.
Zena Agha is Al Shabaka’s US Policy Fellow. Her areas of expertise include Israeli settlement-building in the occupied Palestinian territory with a special focus on Jerusalem, modern Middle Eastern history, and spatial practices. She has previously worked at the Economist, the Iraqi Embassy in Paris, and the Palestinian delegation at UNESCO. In addition to opinion pieces in The Independent, and The Nation, Zena’s media credits include the BBC World Service, BBC Arabic and El Pais. Zena was awarded the Kennedy Scholarship to study at Harvard University, completing her Master’s in Middle Eastern Studies.
for Al Shabaka Palestinian Policy Network
Bipartisan legislation passed by the US Congress in 1997 limits the quality and availability of aerial photography of Palestine-Israel.
The Kyl-Bingaman Amendment (KBA) to the US National Defense Authorization Act was passed under the pretext of protecting Israel’s national security. It prevents US satellite operators and retailers from selling or disseminating images of Palestine-Israel at a resolution higher than that available on the non-US market.
The amendment’s interpretation has been confusing and contradictory in terms of meaning, geographical scope, and legal implications. Its result has been over two decades of limited access to clear aerial photography of Palestine-Israel.
The kinds of research carried out with geospatial data include environmental, geographic, and humanitarian surveys. From an archaeological, geographical, geological, and botanical perspective, high-resolution imagery enables researchers to understand, identify, and document landscape changes.
The KBA is in fact an act of censorship, posing serious obstacles for the preservation of cultural heritage and the monitoring of the decades-long Israeli occupation, including documenting home demolitions, territorial disputes, and settlement growth.
Moreover, the KBA has become obsolete and does not serve its intended purpose. In the 22 years since the KBA was passed, the aerial photography sector has developed significantly, such that a growing number of non-US satellite imaging companies now offer very high-resolution images of Palestine-Israel with a resolution of 0.4-0.7 meters (in line with the global average) as compared to the 2-meter restriction imposed by the KBA on US companies.
Meanwhile, US federal agencies are slowly losing their ability to successfully restrict access to imagery by third parties on the basis of national security and/or foreign policy interests.
The KBA harms US business, since US companies are not able to compete internationally due to the regulatory restrictions on the sale of detailed imagery of the region. Indeed, the Aerospace Corporation warned [pdf] of the amendment’s effect on the US market in 2017:
“As foreign competitors reach and possibly surpass the resolution level that US operators can sell without restriction, policymakers must reconsider whether government-imposed restrictions on the availability of the highest quality US products still make sense.”
In other words, while these restrictions may have been introduced in line with Israeli national security concerns, technology has overtaken policy and US operators are being disadvantaged.
The availability of aerial imagery through open-access platforms only confirms the hindrance created by the KBA. In fact, so absurd is the KBA that Israel itself provides free high-resolution aerial imagery of the territories it controls (modern-day Israel, the Occupied Palestinian Territory, and the Golan Heights), rendering the KBA utterly pointless while also belying the claim that the KBA serves Israeli national security interests.
Reassessing the KBA
Since Michael Fradley and Andrea Zerbini’s groundbreaking 2018 journal article and Al-Shabaka’s policy commentary of the same year, both of which call for a reassessment of the KBA, the amendment has come under greater scrutiny.
However, there is little evidence to suggest that a policy change is imminent.
Rather, the US Department of Commerce and its National Oceanic and Atmospheric Administration (NOAA) – the bodies tasked with administrating the KBA – continue to evade and defer discussions about its efficacy.
The KBA was supposed to be reviewed regularly, but only in 2017 – a decade after its inception – did NOAA finally undertake a formal review, issuing its findings [pdf] in late 2018. NOAA concluded [pdf] that high-resolution imagery of Palestine-Israel was not “readily and consistently available” from non-US sources, and that as such it could not recommend a change to the amendment.
While a detailed report on NOAA’s methodology has not been published, the review method appears to have consisted of NOAA staff attempting to purchase imagery and subsequently reporting the results. However, their logic was circular, as the KBA itself was the major obstacle NOAA staff faced, as US citizens, in their attempt to acquire high-resolution images.
Foreign researchers, on the other hand, have been able to purchase uncensored high-resolution imagery from both non-US sellers and US resellers, demonstrating the anachronistic nature of the legislation. While one can only speculate the exact reason for NOAA’s reticence, there is likely to be pressure from the Department of Commerce and the current White House administration to maintain or even strengthen the KBA. This is a clear instance of politics overriding common sense.
Recommendations
1. NOAA should publish a report on the methodology used in their 2018 report as a matter of urgency, and undertake a more rigorous review of the KBA.
2. Disposing of the KBA and modifying the regulations of the Department of Commerce and NOAA would level the commercial playing field between US and non-US imagery providers. This would allow satellite operators to share high-resolution images of Palestine-Israel on widely-used open-access platforms and ensure their continued international competitiveness. It would also enable archaeologists, researchers, and humanitarians to accurately document changes on the ground and allow for better accountability of the Israeli occupation.
Zena Agha is Al Shabaka’s US Policy Fellow. Her areas of expertise include Israeli settlement-building in the occupied Palestinian territory with a special focus on Jerusalem, modern Middle Eastern history, and spatial practices. She has previously worked at the Economist, the Iraqi Embassy in Paris, and the Palestinian delegation at UNESCO. In addition to opinion pieces in The Independent, and The Nation, Zena’s media credits include the BBC World Service, BBC Arabic and El Pais. Zena was awarded the Kennedy Scholarship to study at Harvard University, completing her Master’s in Middle Eastern Studies.
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