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By
Steven Erlanger
JERUSALEM:
The International Committee of the Red Cross, in a
confidential report about Israel's annexation of East
Jerusalem and surrounding areas, accuses Israel of a
"general disregard" for "its obligations under international
humanitarian law - and the law of occupation in particular."
The committee says that Israel is using its rights as an
occupying power under international law "in order to further
its own interests or those of its own population to the
detriment of the population of the occupied territory,"
which it says is "foreign to the letter and spirit of
occupation law."
Israeli policies in East Jerusalem, the committee says, are
"reshaping the development of the Jerusalem metropolitan
area" with "far-reaching humanitarian consequences,"
including the isolation of Palestinians living in Jerusalem
from the rest of the West Bank, problems of access to basic
services and a "condition of artificial illegality" in which
thousands of Palestinians live in Jerusalem without the
ability to get permanent residency.
With the construction of the separation barrier, the
establishment of an outer ring of Jewish settlements beyond
the expanded municipal boundaries and the creation of a
dense road network linking the different Israeli
neighborhoods and settlements in and outside Jerusalem, the
report concludes, Israel is consolidating "a Greater
Jerusalem Envelope" that fragments Palestinian communities
and severs East Jerusalem from the West Bank.
The committee recognizes that the separation barrier "was
undertaken with an undeniable security aim," but adds, "The
route of the West Bank barrier is also following a
demographic logic, enclosing the settlement blocs around the
city while excluding built-up Palestinian areas (thus
creating isolated Palestinian enclaves)."
Israeli
officials say they reject the very premise of the report -
that East Jerusalem is occupied - noting that they annexed
it after the 1967 war and offered full rights to its
residents.
The committee does not publish its reports but provides them
in confidence to the parties involved and to a small number
of countries. The committee is recognized in the Geneva
Convention of 1949 as a guardian of international
humanitarian law, and says it tries to ensure that all
parties to a conflict respect those rules and principles. It
plays an important, quiet role in visiting prisoners all
over the world.
The report considers all land that Israel conquered in the
1967 war to be occupied territory under international law
and does not recognize Israel's annexation of East
Jerusalem. The report was the result of nine months of work
by the committee and was delivered in late February "to
Israel and to a small number of foreign governments we
believe would be in the best position to help support our
efforts for the implementation of humanitarian law," said
Bernard Barrett, a spokesman in Jerusalem for the committee.
The report was provided to The New York Times by an
individual with access to all parties who wanted the
conclusions of the report publicized even as Israel
celebrates Jerusalem Day this Wednesday, marking the 40th
anniversary of the unification of the city. Barrett said
that the committee did not approve the leaking of the
report, which he said was part of "an ongoing process of
private discussion" with Israel.
Israeli officials said that they respected the committee and
cooperate with it gladly on issues ranging from the release
of captured Israeli soldiers to asking its officials to give
briefings on international law to Israeli diplomats and to
Israeli commanders serving in the occupied West Bank.
Israel
has received the report, but disagreed with its premises and
conclusions.
"We reject the premise of the report, that East Jerusalem is
occupied territory," said Mark Regev, spokesman for the
Israeli Foreign Ministry. "It is not. Israel annexed
Jerusalem in 1967 and offered full citizenship at the time
to all of Jerusalem's residents. These are facts that cannot
be ignored."
Until the Israeli annexation, after the 1967 war, the last
legal sovereign in East Jerusalem had been the British under
a mandate committed to establishing a Jewish state in
Palestine, he said.
Israel, he said, "is committed to a diverse and pluralistic
Jerusalem, to improving the conditions of all the city's
inhabitants and to protecting their interests as part of our
sovereign responsibility." He added, "If any population in
Jerusalem is thriving and growing, it is the Arab
population."
He also noted that Israel makes great efforts to ensure
health care for Palestinians, pointing to 81,000 entry
permits in 2006 for Palestinians needing care inside Israel.
Miri Eisin, spokeswoman for Prime Minister Ehud Olmert, said
that Israel respects the work of international organizations
like the committee. "Our problem is that the premise they
consistently present has no Israeli perspective in it, as if
it's all just some legal issue. That is not balanced."
Mustafa Barghouti, spokesman for the Palestinian unity
government, welcomed the report, calling it consistent with
the rulings of the International Court of Justice, which
said in a nonbinding opinion in 2004 that Israel's security
barrier is illegal where it crosses the 1967 lines into
occupied territory. "Israel violates international law with
impunity, and couldn't continue this blunt violation for 40
years if it did not feel impunity toward the international
community," Barghouti said.
He pointed to the refusal of the U.S. and European Union
ambassadors to attend Jerusalem Day celebrations as proof
that the world does not recognize the Israeli annexation of
East Jerusalem.
The thrust of the committee's report is similar to those
written by Israeli peace advocates and to an unpublished
report that was written by EU diplomats in Ramallah and East
Jerusalem November 2005, which was described by The Times
but not authorized for release by European foreign
ministers.
The essence of these reports is a concern, as the Europeans
said, that Israel is creating facts on the ground in and
around Jerusalem that mean "prospects for a two-state
solution with East Jerusalem as the capital of Palestine are
receding." |