CHAPTER TWO

Status of Palestinian Territories and Palestinian Society under Israeli Occupation



V. First Palestinian Intifada, December 1987

Characteristics of First Intifada Forms of Resistance
The First Intifada was a mass, civilian-based, unarmed resistance against the Israeli occupation. It involved every Palestinian city, town, village, and refugee camp.  Thousands of people of all ages and strata of the Palestinian society were involved, be they men, women, children, adults, academics, merchants, or workers, each had their part to play.


Lacking the necessary arms to face the Israeli military, people in the OPT developed their own methods of resistance. They avoided the use of arms (weapons were not available as was the case in the Second Intifada) and chose to adopt many forms of civil disobedience such as demonstrations, general strikes, refusal to pay taxes, boycotts of Israeli products, political graffiti and the establishment of neighborhood schools, for regular schools had been closed by the military as a collective punishment for the Uprising.125 Furthermore, as part of a non-violent strategy of resistance, people in the OPT followed the 'Palestinian time' by switching between summer and winter time a week earlier than the Israelis.  

The Intifada also witnessed a number of violent, albeit unarmed reactions to Israeli occupation, such as stone throwing, the throwing of Molotov cocktails, burning tires in the streets and the erection of barricades aiming at holding back the movement of the Israeli military forces.126


Leadership of First Intifada
The spontaneous outbreak of the First Intifada in 1987 was a bolt from the blue to the world as well as to the Palestinian leadership whose headquarters at that time was in Tunis. They were further shocked by the spirit of unity and the high level of organization that the Intifada had been characterized by. 
Since the outbreak of the First Intifada, power shifted from the armed groups overseas to the populace leadership in the OPT. "Local leaders were far more realistic than some of the exiled leaders." 127 Initially the activities of the Intifada were organized through popular committees under the umbrella of the 'Unified National Leadership of the Uprising'. The UNLU was a coalition of the four PLO parties active in the OPT: Fatah, the Popular Front for the Liberation of Palestine (PFLP), the Democratic Front for the Liberation of Palestine (DFLP) and the Palestinians' People Party (PPP). Later, the PLO incorporated with the command to take credit for leading the Intifada. The UNLU began to issue leaflets that would appear mysteriously in towns advising activists on theory and strategy.128 The content of these leaflets was usually agreed upon in advance with the PLO leadership in Tunis.129 The first communiqué was issued on April 1, 1988; four months after the Intifada began. 130


The UNLU was supported by an organizational infrastructure of popular committees, whose goal was "to create a counter-authority to that of the Israeli occupiers, thereby undermining the Israeli capacity to command obedience". 131 The committees were able to overcome narrow individual interests and to work side by side for the common good. These committees were called 'Unified Popular Committees' and were divided into subcommittees such as 'Unified Relief Committees' -Medical and Agricultural Relief Committees-, 'Neighborhood Committees'andthe 'Striking Forces'.
Although these committees were led by cadres from one of the four major factions of the PLO, party-politics was avoided, with their style of politics being considerably different; they embedded their political vision in institutions and not in personalities.132

 

Islamic Resistance Movements
On the other hand, the First Intifada also witnessed the birth of another sociopolitical fraction in the Palestinian society; the Islamist Movements, who were concentrated in the Gaza Strip, and were inclined to the Muslim Brethren in Egypt. During the start of Hamas by Shaikh Ahmad Yassin in Gaza 1973, which by the way was initially established as an Islamic center, the Israeli occupation authorities encouraged the rise of Islamists in order to offset the attraction of the PLO and the communists. Beginning in 1979, the Israelis even financed the Islamic movement until they realized their mistake and tried in vain to suppress the movement in 1984. 133


The Islamic Resistance Movement (HAMAS) defied the secular nationalist movement, attempted to create an Islamic alternative to it, 134 and developed resistance operations in consistence with their own religiopolitical ideology of resisting the Israeli occupation forces. Their first communiqué was issued on December 14, 1987, stating that Palestine is a Waqf land held in trust for all Muslims till Judgment Day and that no part of it can be ceded to Israel or any non-Muslim entity.135 Additionally, it called for the liberation of Palestine through 'Holy Jihad'.


Hamas' participation in the First Intifada commenced some time after the participation of the other Palestinian movements. In the beginning Hamas' role was limited to scattering leaflets, in addition to offensive acts against communists conducted by individuals and without the consent of their leadership. As the First Intifada progressed, Hamas' role came to be more tangible, especially between the tenth and fourteenth months of it. 136


Hamas sought to take over the leadership of the Intifada. It saw in it the chance for liberating the OPT. Hamas did not believe in the power of civil disobedience; they insisted on the belief that armed field operations against the Israeli forces were the only way to achieve an Independent Palestinian State and win back Palestinian rights.


Israeli Measures to Suppress the First Intifada
The main objectives of the First Intifada were to end the Israeli occupation and establish Palestinian independence, but the price of conducting a campaign directed at achieving these aims was heavy. Apart from the appalling socio-economic conditions that accompanied the Intifada, such as a huge increase in unemployment and the decline in Gross National Product and in per capita income, the Palestinians suffered all kinds of brutal attacks carried out by the Israeli occupation authorities, who consistently violated human rights in their attempt to suppress the voice of the people.


Israeli Policy of Killing

"Everyone has the right to life, liberty and security of person." (Article 3 of the Universal Declaration of Human Rights)

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." (Article 5 of the Universal Declaration of Human Rights)

"Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity." (Article 27 of the Fourth Geneva Convention)

Despite these proclamations, during the seven years of the First Intifada around 1,362 Palestinians were killed. As shown in Tables (3.3) and (3.4), they were either shot dead, poisoned by gas, or beaten to death. The Israeli authorities used several methods and weapons to restrain the Intifada; the most commonly-used techniques, especially to disperse demonstrations, were the use of teargas, gunfire, and beatings.

Table (3.3): Palestinians Killed by Israeli Soldiers and by Israeli Civilians during the First Intifada (1987-1994)

 

Palestinians Killed

             Source
Year

Middle East
Studies Center
137

Intifada Guide
138

B'Tselem
139

9/12/1987

28

31

22

1988

377

368

310

1989

334

375

305

1990

162

No Data

145

1991

99

No Data

104

1992

117

No Data

137

1993

164

No Data

188

1994

No Data

No Data

151

Total

~1,281

 

1,362

Table (3.4): Palestinians Killed According to type of Assault during 1987-1989  140

Type of Killing

1987

1988

1989

Of the Total: Children ≥ 18

Gunfire

27

245

303

126

Beating

0

31

19

7

Gas Inhalation

3

53

13

35

Unsolved Cases

1

39

40

10

 Total

31

368

375

178

Statistics show that most of the Palestinians killed with gunfire were hit in the upper part of the body, mostly in the head, heart and abdomen area.141 Wounds in such places are not consistent with the Israeli claim of firing shots in self-defense, as is claimed. Rather, they can be viewed as representative of a shoot-to-kill, or at the very least, a policy of shooting to inflict serious harm.

"The Palestine Red Crescent Society has recovered four types of bullets of various calibers used by the Israeli army against Palestinians: black cylinder, or rubber-coated steel (or metal) bullets; black ball, or thin plastic-coated steel balls; yellow, or solid rubber balls; and non-coated steel balls. These last bullets are larger than what the soldiers generally use for live ammunition and for that reason affect a wider surface area, damaging more muscles and organs, and actually causing a number of fatalities." 142

Gas Inhalation was a second major cause of death during the Intifada, with many people, especially children, dying as a result of teargas inhalation. "A report by Physicians for Human Rights further suggested that exposure to CS gas (the "irritant agent" type of tear gas that is the only type known to have been used during the first Intifada) can result in heart failure, liver damage, and other long-term chronic illnesses, including carcinogenicity and influence on fertility." 143 The Israeli soldiers frequently dispersed a high volume of this gas in closed areas. Gas bombs were thrown on churches, mosques, schoolyards and medical centers. They used it against the elderly, infants, and women, who comprise the majority of those who died due to gas inhalation. In addition, many pregnant women had miscarriages as a direct result; some of them in their ninth month. 144


Furthermore, many Palestinians were beaten to death by the Israelis, some on the streets, others in detention centres, and others while being interrogated. The Israeli soldiers would beat a 70 year old man and an 11 year old child, and they did not differentiate between a woman and a man. Many pregnant women were beaten and had miscarriages as a result. It is estimated that until October 9, 1988, around 1,700 women had miscarriages due to brutal beatings and gas inhalation.145


The Israeli authorities soon realized that if the death tolls were high, their standing and reputation in the world would be severely tarnished. They, therefore, adopted new strategies other than live ammunition to break the Palestinian people without incurring the antipathy of the world. Yitzhak Rabin, then Defense Minister in the Likud-Labor coalition government, ordered the policy of 'Breaking Bones'. Army commanders instructed troops to break the bones of demonstrators, for as Rabin stated in The Jerusalem Post Newspaper in January 1988: "This style [breaking demonstrators' bones] is far more efficient than arrestment, for an arrested person would spend 18 days in a prison like Far'a for example, and then he would go out on the streets throwing stones and demonstrating; whereas, if the soldiers broke both his hands, then he won't be able to go on the streets at least one and a half month afterwards." 146


Palestinians living inside Israel (Arab Israelis or 1948 Palestinians) also had received their share of abuse at the hands of the Israeli authorities while taking part to support the Intifada. Several were killed by the Israeli soldiers, with others being killed by Israeli Jewish civilians, as the figures in Table (3.5) show.
Table (3.5): Palestinians Killed in Israel during the First Intifada (1987-1994) 147

 

1987-1994

Killed by Israeli Soldiers

28

Killed by Israeli Civilians

26

Total

54

Furthermore, some Israelis lost their lives in the Intifada, some of whom were soldiers, while others were civilians. It is worth noting, however, that some armed Israeli civilians [settlers] frequently accompanied the army forces during their raids on Palestinian towns, on which the soldiers did not take action to stop them from shooting at the Palestinians, instead they protected them as they did so.  Table (3.6) states the number of Israeli civilians and soldiers killed in the OPT during the seven years of the Intifada.

Table (3.6): Israelis Killed during the First Intifada (1987-1994) 148

 

Israeli Civilians

Israeli Military Forces

Killed in Israel

Killed in OPT

Killed in Israel

Killed in OPT

1988

2

6

0

4

1989

17

3

5

6

1990

13

4

2

3

1991

7

7

4

1

1992

8

11

1

14

1993

9

28

7

17

1994

46

11

4

11

Total

102

50

23

56

In the year 1994, methods of resistance began to take on other forms. After the Hebron Massacre on February 25, 1994 when the US-born settler Baruch Goldstein, a Kach activist and a doctor from Kiryat Arba (Israeli settlement near Hebron), opened fire on Muslim worshipers at Al Haram Al Ibrahimi (Tomb of the Patriarchs) killing 29 Palestinians and wounding over 100 before being killed by the survivors. In clashes with the Israeli soldiers the same day, 11 Palestinians were killed in Hebron and other parts of the West Bank.149  


As shown in Table (3.6), in 1994 the number of Israeli civilians killed by Palestinians was the highest in all the Intifada years. This can be explained as the year 1994 saw the beginning of suicide attacks in Israel. The first suicide attack was carried out by Hamas on April 6, 1994 as a reprisal for the Hebron Massacre. A car bomb exploded at a bus stop in Afula killing 8 Israelis and wounding 44 others. The same day a Hamas activist shot dead two Israelis and injured 4 others at a bus stop near Ashdod.150


Many suicide attacks followed and were carried out, mainly by Hamas and the Islamic Jihad Movements who insisted on the principle of armed resistance. These incidents resulted in the creation of an environment of tit-for-tat attacks, in which the principle of an eye for an eye and a child for a child ruled all. [For list of Suicide Attacks, see Annex 4]

Israeli Policy of Deportation
In the period from the beginning of the Intifada until the end of 1992, Israel deported 489 Palestinian residents of the OPT as punishment. Deportation of these people is a clear breach of international law, which prohibits the deportation of protected persons from any occupied territory.

"No one shall be subjected to arbitrary arrest, detention or exile." (Article 9 of the Universal Declaration of Human Rights)

"Everyone has the right to leave any country, including his own, and to return to his country." (Article 13, paragraph 2 of the Universal Declaration of Human Rights)

"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive." (Article 49 of the Fourth Geneva Convention)

Table (3.7): Palestinians Deported out of the OPT during 1987-1992 151, 152

Year

Palestinians Deported

9/12/1987

8

1988

32

1989

26

1990

---

1991

8

1992

415

Total

489

As shown in Table (3.7), 415 of them were deported in 1992. This mass deportation took place in December 1992, after six members of the Israeli forces were killed by Palestinians in the OPT in the first two weeks of December 1992.153 One of those killed was an Israeli border policeman, whom Hamas activists kidnapped on December 13, 1992, demanding the release of Sheikh Ahmad Yassin in return. 154 Israel did not respect the deadline, and the next day conducted a mass manhunt arresting 1,600 people suspected of being Islamic activists.


On December 14, 1992, the Israeli policeman was found dead, and Prime Minister Rabin announced that Israel was going to pursue severe measures against Hamas. Arrest operations continued, and orders of deportation for up to two years were decided upon by the Israeli government. 156


On December 17, 1992, Israel deported 415 Muslim activists; 251 from the West Bank and 164 from the Gaza Strip, to the borders south of Lebanon.157 The deportation began the evening before; "the decision on the mass deportation was made hastily, under time-pressure and much constraint, and relied on vague and sweeping criteria. [The idea was to move the deportees to Lebanese territory that night, before the matter could be brought before the High Court of Justice in the morning] The mass deportation orders did not state specific reasons for the deportation on a case-by-case basis, and were signed in the dark of night, some after the deportation had already begun. The authorities did not present evidence against any of the deportees linking him to any criminal offence, and did not give any deportee the right to defend himself." 158


The Israeli authorities did not allow any publication of the deportation decision and its execution. The deportees were put on buses and taken north, towards south Lebanon, handcuffed and blindfolded. Most of the deportees were taken directly from prison facilities, where they had been held since the wave of arrests; the remainder were taken from their homes. 159 The Lebanese government did not allow their entry, and so the deportees were caught in no-man's land between the Israeli and the Lebanese checkpoints. 


Israeli Policy of Collective Punishment
"No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited." (Article 33 of the Fourth Geneva Convention) Despite this, Israel's most commonly-used instrument of suppression was and still is collective punishment; a policy which has taken the following forms:


1. Arbitrary Arrests, Detention and Torture
"No one shall be subjected to arbitrary arrest, detention or exile." (Article 9 of the Universal Declaration of Human Rights)
Statistics show that between 1987 and 1994, some 175,000 160 Palestinians have been arrested by Israel and detained for a period ranging from one week to life and that more than 23,000 Palestinians were interrogated by the Israeli General Security Service [GSS]. 84 The late Prime Minister, Yitzhak Rabin, stated that some 8,000 Palestinians had been 'shaken' prior to mid-1995.161
"No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties." (Article 31 of the Fourth Geneva Convention)


GSS interrogators use interrogation methods that comprise torture under any international criteria. In 1997, the UN's 'Committee Against Torture' determined that the interrogation methods used by the GSS constitute torture within the meaning of the 'Convention Against Torture', to which Israel is party.162 Israel, however, argued that the measures its agents use do not constitute torture.
The Israeli High Court of Justice constantly adopts Israel's position, frequently allowing the GSS to use interrogation methods that cause pain and suffering. Ten Palestinians have died during interrogation as a direct or indirect result of the interrogation; the last such death occurred in April 1995. Despite this, Israel has failed to change its interrogation methods, even after the Oslo Accords were signed. 163

As for administrative detention, it is executed only on the basis of an administrative order, and the detainee is neither charged nor tried, a policy that directly contradicts Article 6 of the Universal Declaration of Human Rights, which states that "Everyone has the right to recognition everywhere as a person before the law."

"The military commander may administratively detain an individual for up to six months and extend the detention indefinitely for additional six-month periods." 164 According to B'Tselem (Israeli Information Center for Human Rights in the OPT), from the beginning of the Intifada until the end of November 1997, Israeli military commanders issued more than 18,000 administrative detention orders against residents of the OPT. 165


Furthermore, all detention and prison facilities are currently situated inside Israel [see map], the Occupying Power; a fact that again violates international law. "Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country." (Article 76 of the Fourth Geneva Convention)

From this, it is clear that Israel does not adhere to the rules of international law. Furthermore; "conditions in the prison and detention facilities are harsh. Many prisoners and detainees are kept in crowded, unventilated cells, and are not provided with suitable medical treatment. Over the past decade, twenty-four Palestinians in custody died in circumstances for which Israeli security forces were directly responsible. Of these, ten died during interrogation as a direct or indirect result of the interrogation; six were killed by security forces’ gunfire; five died as a result of poor prison conditions; and three died from beatings suffered after being detained, before they were brought to a prison facility." 166

2. House Demolition and House Sealings
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. (Article 53 of the Fourth Geneva Convention) 
In addition to the aforementioned Article of the Geneva Convention, Article 17 Paragraph 2 of the Universal Declaration of human Rights states that:  "No one shall be arbitrarily deprived of his property."
Despite these proclamations, Israel embarked on a strategy of house demolitions since the onset of its occupation of the Palestinian Territories; a policy of collective punishment pursued with vigor during the Intifada, and a policy that is still on-going today. Tables (3.8) and (3.9) show the number of houses demolished or sealed during the years of the Intifada according to the type of allegation for demolition. 
Table (3.8): House Demolitions and House Sealings as Punishment 1987-2005 167

 

Complete Demolitions

Partial Demolitions

Complete Sealings

Partial Sealings

9-31/12/1987

1

0

0

0

1988

125

24

39

26

1989

144

18

76

27

1990

107

11

97

11

1991

46

4

34

20

1992

8

2

25

16

1993

1

2

18

15

1994

0

1

4

3

1995

0

0

1

0

1996

11

0

0

0

1997

6

0

2

0

1998

0

0

0

0

1999

0

0

0

0

2000

0

0

0

0

2001

10

1

0

0

2002

251

1

0

0

2003

224

0

3

0

2004

177

0

0

0

2005

4

0

0

0

Total

1,115

64

299

118

 

Table (3.9): House Demolitionsfor Having No Permits 168

 

West Bank

East Jerusalem

Total

1987

103

No Data

~103

1988

393

30

423

1989

No Data

No Data

~347

1990

No Data

No Data

~102

1991

No Data

No Data

~227

1992

148

12

160

1993

63

48

111

1994

120

29

149

1995

4343

25

68

1996

140

17

157

1997

233

16

249

1998

150

30

180

1999

101

31

132

2000

41

16

57

2001

186

41

227

2002

276

45

321

2003

306

96

402

2004

139

104

243

Total

~2,442

~540

~2,982

3. Curfews and Restriction of Movement
"Everyone has the right to freedom of peaceful assembly and association." (Article 20, paragraph 1 of the Universal Declaration of Human Rights)
"Everyone has the right to freedom of movement and residence within the borders of each State." (Article 13, paragraph 1of the Universal Declaration of Human Rights)


During the First Intifada, 24-hour shoot-to-kill curfews were imposed on Palestinian cities and villages for long periods, imprisoning people in their homes and bringing to an end the mass public participation in the streets that had characterized the First Intifada.During the first two years of the Intifada 2,237 days of curfew were imposed on Palestinian towns, not counting the night curfews. 118 out of 1600 curfew orders during 1988 and 1989 lasted more than 5 days. Curfews were also imposed during holidays and feasts, putting the entire Palestinian population under home arrest. 169 Those who broke the curfew for any reason were shot dead according to military instructions. As a result the economic status of the towns under long curfews became fragile;
"Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents." (Article 39 of the Fourth Geneva Convention)


In addition, such curfews encouraged the spread of many health problems, especially amongst vulnerable groups such as children, the sick and the old and infirm, for they could not reach health centers and they had no access to medicine.170


"To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate." (Article 55 of the Fourth Geneva Convention)


The Israeli restrictions were not limited to only curfews and check points, closure of town streets has formed a part of Israeli policy since 1967. Israeli Military Order Number 3 Paragraph 86 allows the Military Commander to close streets and restrict movement in them for any given reason. Streets were blocked with cement barrels with iron gates and barbed wire, or with mountains of earth or sand.171 Some of these roads were closed permanently, and were not re-opened until the formation of the Palestinian National Authority. 
Furthermore, in imposing further restrictions on movement, the Israeli Authority set rules compelling each person of 16 years or more to issue an identity card as a proof of residency to allow their movement across the country. Cards with special marks were given to those who were politically detained in Israeli prisons before the Intifada; however, after the Intifada, detainees and political prisoners were given "Green Cards", a card that discriminated amongst people, and helped soldiers identify and tease the holders of these cards.172 Since the beginning of the Intifada until November 1990, 7600 Palestinians were given such Green Cards. 173

      
4. Restrictions on Freedom of Education and Freedom of Thought
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." (Article 19 of the Universal Declaration of Human Rights)
"Everyone has the right to education." (Article 26 Paragraph 1 of the Universal Declaration of Human Rights)

During the First Intifada, the Israeli forces closed down many social services centers, labor unions, press offices and printers, as well as educational institutions. Nearly every school in the OPT was subject to frequent and extended closure orders for a period of time. On February 2, 1988, Israeli Radio announced that the Israeli army had ordered all 1,194 schools in the West Bank closed until further notice. 174 During the first two years of the Intifada, the schools in the West Bank were not allowed to operate for 11 months. In effect, about 35% of the Palestinian population was repeatedly denied access to any form of formal education.175

As for the universities, within days of the start of the First Intifada, Israel closed down several higher education colleges and universities, in 1988, all 6 Palestinian universities, 13 colleges and 5 government training schools received closure orders that were systematically reissued some of them for indefinite period of time. Less than a year later, the kindergartens were also closed down.176

As the gates to learning were closed, people continued to hold underground classes in homes, offices, community centers, mosques and churches. These classes were frequently raided by the Israeli army and any students and teachers found in attendance were arrested. Students were even arrested for carrying books as this was considered evidence that they were on their way to an illegal class. 177


On April 19, 1989, the Israeli newspaper, The Jerusalem Post, reported that the Israeli police had "uncovered a network of illegal classes held by West Bank universities at private high schools in East Jerusalem." 178 A few days later on April 24, 1989, the Israeli army raided the YMCA building in Ramallah, which housed the departmental offices of Birzeit University throughout the closure of the campus. A warning was delivered to the university's administration: "Under no circumstances can you teach, in houses or anywhere else. If we find anyone teaching or any students carrying books we will take appropriate measures against them".179 In short, the Israeli authorities criminalized the educational process itself. 180

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