人权观察-以色列当局的种族隔离和迫害罪行（英文）-2021.4-224页_13mb

Summary of A Threshold Crossed by Human Rights Watch

Core Content

• A Threshold Crossed is a report by Human Rights Watch that analyzes the policies and practices of Israeli authorities toward Palestinians in the Occupied Palestinian Territory (OPT), including the West Bank, Gaza Strip, and East Jerusalem, as well as within Israel itself. The report asserts that these policies constitute the crimes against humanity of apartheid and persecution, based on international legal definitions.

Main Findings

Israeli Control and Discrimination

• Israeli authorities systematically privilege Jewish Israelis and discriminate against Palestinians in both Israel and the OPT.
• Israel is the sole governing power in most of the area between the Mediterranean Sea and the Jordan River, with limited Palestinian self-rule in parts of the OPT.
• The Israeli government has long aimed to maintain Jewish Israeli control over demographics, political power, and land, through legal, policy, and administrative mechanisms.

Apartheid and Persecution

• Apartheid is defined as the intentional and systematic establishment of domination by one racial group over another, involving institutionalized discrimination and inhumane acts.
• Persecution refers to the intentional and severe deprivation of fundamental rights based on identity, particularly racial, ethnic, or national grounds.
• The report argues that Israeli policies in the OPT, especially in the West Bank and Gaza, meet the criteria for both crimes against humanity, as they involve widespread and systematic discrimination and oppression.

Key Policies and Practices

Demographic Control

• The Israeli government has implemented policies to limit Palestinian population growth and maximize Jewish settlement.
• The 2018 "Nation-State Law" affirms Israel as the "nation-state of the Jewish people," declaring the right to self-determination as unique to Jews.
• Demographic "threat" is a recurring justification for policies that restrict Palestinian residency, movement, and political participation.

Land Expropriation and Movement Restrictions

• Over 2 million dunams of land in the West Bank have been confiscated from Palestinians, with a large portion designated as state land for Jewish settlement.
• In Area C (60% of the West Bank under full Israeli control), less than 1.5% of Palestinian building permit applications were approved between 2016 and 2018, while over 23,000 housing units were built for Jewish settlers.
• Movement restrictions are severe in the OPT, with closure policies in Gaza limiting the entry and exit of people and goods.

Residency and Citizenship

• Palestinians in the OPT have limited residency rights, often dependent on arbitrary criteria such as family ties or presence during the 1967 occupation.
• In East Jerusalem, which is considered part of Israel under international law, residency rights for Palestinians are heavily restricted.
• Palestinian citizens of Israel face institutional discrimination and unequal treatment, despite having the right to vote and participate in elections.

Legal and Institutional Frameworks

• The Rome Statute and Apartheid Convention define apartheid and persecution as crimes against humanity.
• The International Criminal Court (ICC) has jurisdiction over these crimes in the OPT, including East Jerusalem.
• Human Rights Watch argues that Israeli policies meet the legal criteria for these crimes, including systematic oppression, institutional discrimination, and inhumane acts.

Recommendations

• The report calls on the international community to hold Israel accountable for its actions.
• It urges the ICC to investigate the situation in Palestine and consider the legal implications of the alleged crimes.
• Human Rights Watch also recommends ending discriminatory policies, protecting Palestinian rights, and stopping the expansion of settlements.

Legal Context

• Apartheid and persecution are recognized as crimes against humanity under international law.
• These crimes require the presence of systematic oppression, institutionalized discrimination, and intentional deprivation of rights.
• Human Rights Watch conducted a detailed legal analysis of Israeli policies and practices, using fieldwork, legal documents, and statements by officials to support its findings.

Conclusion

• Human Rights Watch concludes that Israeli authorities have demonstrated intent to maintain domination over Palestinians, coupled with systematic oppression and inhumane acts, which amount to crimes against humanity.
• The report emphasizes that these policies are not limited to the OPT but also affect Palestinians within Israel, reinforcing the discriminatory framework across the region.

Additional Information

• The report includes a map of the area covered, highlighting the occupied territories and areas under Israeli control.
• It references international legal standards, historical context, and statements from Israeli officials to support its analysis.
• Human Rights Watch solicited the Israeli government's response to the report but received no reply at the time of publication.