BACKGROUND:
Since the Hamas attack on Israel on October 7, 2023, the focus has predominantly been on Gaza, but the Palestinian West Bank has also witnessed a dramatic escalation of violence and human rights abuses. Even before the Gaza conflict, the Occupied Palestinian Territory (OPT), including the West Bank and East Jerusalem, was already under a long-standing Israeli occupation since 1967. The International Court of Justice (ICJ) has recently stated that Israel’s continued presence in the OPT is unlawful, mandating an end to this occupation and a halt to settlement activities. However, these calls have been largely ignored, and the situation in the Palestinian West Bank has deteriorated sharply.
Existing patterns of violence in the Palestinian West Bank have been exacerbated since October 7th. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), there has been a surge in Israeli settler attacks against Palestinians, with over 1,492 incidents reported, resulting in numerous Palestinian casualties, injuries, and property damage. These attacks are often carried out with the tacit approval or even direct collaboration of Israeli forces, as reported by the Office of the UN High Commissioner for Human Rights (OHCHR). Concurrently, there has been an increase in violence perpetrated by armed Palestinians, resulting in the deaths of at least 16 Israelis, including security personnel.
Adding to the crisis in the Palestinian West Bank, 2023 saw Israel seizing more Palestinian land than in any of the past three decades. This land seizure, coupled with the expansion of settlements, further fragments Palestinian territory and undermines the possibility of a viable Palestinian state. Israeli forces have also intensified their use of force in the West Bank, employing airstrikes, aggressive military tactics during arrest operations, and incursions into refugee camps with armored vehicles and bulldozers. OHCHR has documented a disturbing rise in extrajudicial killings, mass detentions, and enforced disappearances of Palestinians, with thousands held in dire conditions without charges or trials. Reports of sexual violence and ill-treatment, including waterboarding, against Palestinian detainees are also deeply concerning and may constitute torture.
RECENT DEVELOPMENTS:
While global attention remains fixed on Gaza, the Palestinian West Bank is facing its own crisis. Israeli forces have significantly increased militarized operations across the Occupied West Bank in recent months, further destabilizing the region and increasing risks for the Palestinian population.
A stark example of this escalating violence is the Israeli airstrike on a residential building in the Tulkarem refugee camp on October 3rd. This single event resulted in the deaths of at least 18 Palestinians and stands as the deadliest incident perpetrated by Israeli forces in the Occupied West Bank since OCHA began recording casualties in 2005. This incident highlights the increasingly lethal nature of Israeli military actions in the Palestinian West Bank.
The international legal landscape is also shifting in relation to the conflict. On November 21st, the International Criminal Court (ICC) issued arrest warrants for prominent figures, including Israeli Prime Minister Benjamin Netanyahu, alongside a Hamas leader. The ICC has determined that there are reasonable grounds to believe these individuals bear responsibility for war crimes and crimes against humanity. This development underscores the growing international scrutiny of actions taken by both sides in the conflict and the potential for accountability under international law for actions in both Gaza and the Palestinian West Bank.
ANALYSIS:
The situation in the Palestinian West Bank is critical and demands urgent attention. Israel’s actions in the Palestinian West Bank, alongside those in Gaza, raise serious concerns about violations of international humanitarian law (IHL) and potential atrocity crimes. The increased use of force, settler violence, and land seizures contribute to a climate of fear and oppression for Palestinians living in the West Bank.
The transfer of Israeli civilians into the Occupied Palestinian Territory, specifically the Palestinian West Bank, through settlement construction is a violation of Article 49 of the Fourth Geneva Convention, often referred to as “settler implantation.” This illegal settlement activity is a major obstacle to peace and directly impacts Palestinian communities through land confiscation, restricted movement, and constant threat of violence. The seizures and demolitions of Palestinian land and property in the Palestinian West Bank lead to forced evictions, arbitrary displacement, and forcible transfer, further eroding Palestinian rights and livelihoods. Israel’s ongoing occupation not only endangers the cultural existence of the Palestinian people but also fundamentally violates their right to self-determination.
Hamas’ actions, while primarily focused on Israel, also have ramifications for the broader conflict, including the situation in the Palestinian West Bank. Hamas’ refusal to recognize Israel and its past rhetoric contribute to the ongoing tensions and hinder any prospects for peaceful resolution. Furthermore, allegations of abuses by Hamas security forces against Palestinians in Gaza also raise concerns about human rights within Palestinian territories.
The international community’s response to the escalating crisis in the Palestinian West Bank, as with Gaza, has been insufficient. The UN Security Council’s (UNSC) inability to take decisive action, often hampered by vetoes, weakens international law and emboldens those who act with impunity. The lack of resolute international action to protect Palestinians in the West Bank amplifies the risk of further atrocities and undermines the prospects for a just and lasting peace.
RISK ASSESSMENT:
The risks associated with the escalating situation in the Palestinian West Bank are dire and multifaceted:
- Increased Violence and Displacement: Continued settler violence, military incursions, and land seizures in the Palestinian West Bank will likely lead to further Palestinian casualties, injuries, and displacement, potentially escalating into ethnic cleansing in specific areas.
- Forcible Transfer: Ongoing evacuation orders and displacement within the Palestinian West Bank, coupled with settlement expansion, raise serious concerns about the crime of forcible transfer, contributing to the risk of ethnic cleansing.
- Systematic Oppression and Annexation: The institutionalized racial discrimination and oppression against Palestinians in the West Bank, along with the de facto and illegal annexation of Palestinian land through settlement expansion, solidify a system of apartheid and undermine Palestinian self-determination.
- Lack of Accountability: The absence of effective accountability for violence and human rights violations in the Palestinian West Bank perpetuates a cycle of impunity, encouraging further abuses by both Israeli forces and settlers.
NECESSARY ACTION:
Addressing the crisis in the Palestinian West Bank requires immediate and concerted action from the international community:
- Demand an End to Settler Violence and Land Seizures: The international community must unequivocally condemn settler violence and demand that Israel take concrete steps to protect Palestinian civilians in the West Bank from settler attacks and cease all land seizures and settlement expansion activities.
- Ensure Accountability for Human Rights Violations: There must be increased efforts to ensure accountability for human rights violations committed in the Palestinian West Bank, including investigations into settler violence, excessive use of force by Israeli forces, and abuses against Palestinian detainees. The ICC must be allowed to conduct its investigations without impediment.
- Urgently Address the Root Causes: A sustainable solution requires addressing the root causes of the conflict, including ending the Israeli occupation of the Palestinian West Bank, dismantling settlements, and ensuring Palestinian self-determination.
- Support International Law and Mechanisms: States must uphold international law, support the ICJ and ICC, and implement relevant UNSC resolutions. They should also consider targeted sanctions and other measures to pressure Israel to comply with international law and respect Palestinian rights in the West Bank.
- Diplomatic Pressure and Humanitarian Aid: Governments with influence must use all diplomatic means to urge Israel to de-escalate violence in the Palestinian West Bank, protect Palestinian civilians, and reverse policies that violate international law. Increased humanitarian aid is also necessary to support Palestinians affected by the ongoing crisis in the West Bank.
The situation in the Palestinian West Bank is a critical component of the broader Israeli-Palestinian conflict. Ignoring the escalating crisis in the West Bank while focusing solely on Gaza is a mistake. A comprehensive and just peace requires addressing the human rights and legal violations occurring across the entire Occupied Palestinian Territory, including the Palestinian West Bank.
