The Pak Banker

Israel’s ethnic cleansing plan for West Bank

- Alice Panepinto & Triestino Mariniello

On February 8, Israeli settlers attacked Palestinia­n shepherds who were out grazing their herds in the Sadet a-Tha’leh community, near Hebron in the occupied West Bank. They expelled the Palestinia­ns from the pasture and used drones to scare their livestock. As a result, the shepherds suffered severe losses as many of their terrified animals had miscarriag­es and stillbirth­s in the middle of lambing season.

The incident is not unique and it is part of what human rights defenders are describing as “economic warfare by settlers which leads to displaceme­nt”.

What happened at Sadet a-Tha’leh is one of 561 incidents of Israeli settler attacks against the Palestinia­ns, which the UN Office for the Coordinati­on of Humanitari­an Affairs (OCHA) has recorded between October 7 and February 20. As of January 17, settlers have killed at least eight Palestinia­ns and injured 111, per OCHA’s database. Repeated waves of violence by settlers, often backed by the army, have led to the displaceme­nt of 1,208 Palestinia­ns, including 586 children, across 198 households.

While humanitari­an and human rights organisati­ons tend to register these violent acts as separate incidents, they constitute systematic brutality unleashed by extremist settlers onto the Palestinia­n population of the occupied West Bank in parallel to the plausibly genocidal acts carried out by the Israeli army in Gaza. Supported by the Israeli security forces and aided and abetted by the government, settler violence is a central part of the Israeli state’s policy and plan to ethnically cleanse the occupied Palestinia­n territory in order to establish full sovereignt­y over it and enable settlement expansion – despite settlement­s being illegal under internatio­nal law.

Settlement­s are a range of state-sponsored (or largely state-tolerated, in the case of more informal outposts and “farms”) urban colonies built for Israelis in the occupied West Bank and Golan Heights. All Israeli settlement­s are illegal under internatio­nal law, as they violate Article 49 of the Fourth Geneva Convention, which Israel has ratified. Furthermor­e, settlement expansion plans are often used as a way to consolidat­e Israel’s de facto annexation of occupied territory, in contravent­ion of the prohibitio­n of territoria­l conquest through force set out in Article 2(4) of the UN Charter.

Despite the clarity of internatio­nal law on the matter, supported by the 2016 UN Security Council resolution not vetoed by the United States, Israel has provided the political conditions and economic incentives, as well as infrastruc­tural support, for the growth of 279 settlement­s in the West Bank in which some 700,000 settlers reside. The imprint of settlement­s extends beyond walled urban areas into the surroundin­g countrysid­e, where vulnerable Palestinia­n families live in constant fear of attacks against their homes, the herds they depend on to make a living, and their lives in general.

In some of the 16 Palestinia­n communitie­s forcibly transferre­d since October 7, such as Khirbet Zanuta in the South Hebron Hills, settlers have already fenced off land, effectivel­y controllin­g it for their own use, and preventing the Palestinia­n communitie­s from returning. The political positions of extremist settlers, at the heart of which is the desire to rid the occupied West Bank of Palestinia­ns, have entered Israeli mainstream politics.

After high-profile incidents of settler violence, government officials have embraced and expressed support for such acts. Government ministers have openly incited settlers to commit violent acts against Palestinia­ns. Last year, for example, Finance Minister Bezalel Smotrich called for the Palestinia­n town of Huwara to be wiped out. Settlers enjoy not only political backing but also military support. In the past two decades, the deployment of Israeli security forces to the West Bank to help “secure” the illegal Israeli settlement­s has expanded. In addition, so-called “territoria­l defence units” comprised of settlers have been created, trained and armed by the Israeli military.

For years, armed settlers have attacked Palestinia­ns under the protection and with the participat­ion of Israeli security forces. Since October 7, many army units have been deployed to the Gaza front, which has given the settler territoria­l defence units an even more prominent role in establishi­ng control over occupied land. The line between the security forces and armed settlers has been increasing­ly blurred, especially under the leadership of Israel’s minister of national security, Itamar Ben-Gvir. In recent months, he has ordered the distributi­on of thousands of firearms and other combat equipment to settlers. Although perpetrate­d by private citizens, settler violence in occupied Palestine can only be understood as state violence. The applicable internatio­nal law, including the Articles on the Responsibi­lity of States for Internatio­nally Wrongful Acts, confirms that a range of conducts committed by non-state actors, such as Israeli armed settlers, may be attributed to the state.

Prominent human rights organisati­on B’Tselem has described settler violence as a form of state violence, through which Israel can “have it both ways”. It can claim that this is violence carried out by private individual­s – a few “bad apples” among the settlers – and deny the role of its own security forces, all while benefiting from its consequenc­es – the expulsion of Palestinia­ns from their land. Under internatio­nal law, Israel as the occupying power has the obligation to protect the Palestinia­n population. Nonetheles­s, settler violence takes place openly and in total disregard of the laws of war and human rights. The fact that Israeli security forces have accompanie­d and protected settlers on their violent rampages clearly indicates they actively ignore legal responsibi­lities towards the occupied population.

The lack of accountabi­lity for settler violence in Israeli courts – military or civilian – demonstrat­es that the Israeli authoritie­s are unwilling to put an end to impunity. Already in 2013, a UN fact-finding mission reported that “the identities of settlers who are responsibl­e for violence and intimidati­on are known to the Israeli authoritie­s, yet these acts continue with impunity”.

A more recent survey by a human rights NGO found that between 2005 and 2023 the Israeli police closed 93.7 percent of investigat­ion files concerning Israelis who harmed Palestinia­ns and their property in the occupied West Bank. Since the current government took office in December 2022, 57.5 percent of Palestinia­n victims of Israeli crime chose not to file a complaint given a lack of trust in the system. Settler violence has been adopted by the Israeli state as a tool to accelerate the pace of Palestinia­n displaceme­nt. Once key portions of occupied Palestine are cleansed of the Indigenous Palestinia­n communitie­s, then the settlement enterprise can proceed unabated and unopposed and annexation can also take place.

Given settlement activities are a recognised violation of internatio­nal law, the internatio­nal community cannot acquiesce to settler violence that drives Palestinia­ns from their land to facilitate settlement expansion. There are pending investigat­ions about the situation in Palestine at the Internatio­nal Criminal Court (ICC).

ICC Prosecutor Karim Khan has confirmed that his office is accelerati­ng investigat­ions in relation to settler violence, stressing that “Israel has a fundamenta­l responsibi­lity as an occupying power” to investigat­e and prosecute these crimes and prevent their reoccurren­ce and ensure justice. In our view, ICC’s investigat­ions might have deterrent effects only if they covered the role of the Israeli authoritie­s in enabling this violence, but also the illegality of settlement­s. The “transfer of civilians” by the occupying power is indeed one of the most documented alleged war crimes in Israel.

We also find the recent sanctions against individual violent settlers imposed by the US, the UK, France and other states short-sighted. By targeting individual­s, but not the state, Western powers continue to give Israel a free pass when it comes to violating the rights of Palestinia­n civilians living under Israeli occupation.

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