and service colonies in the area. The colonies and their accompanying
infrastructure separate Palestinians from their lands,167 livelihoods,168 and
from each other. The denial of access and use of their land results in
Palestinian landowners in the oPt being exposed to the associated obstacles
and hardships (such as the closure of agricultural roads and the additional
time needed to reach the land), thus exacerbating an already coercive
environment. The situation in the Deir Istiya area is further intensified by
colonizers’ attacks, which appear to be condoned - if not supported - by the
Israeli army according to Testimony 1. The violence perpetrated by colonizers
and the impunity with which it is committed, create further coercive factors
affecting Palestinians. Both testimonies attest to the involuntariness of the
relocation of the residents of Deir Istiya to other areas. In other words,
their displacement is forced due to the coercive environment created by
the policies and practices of Israel. Under these circumstances, Palestinian
displacement constitutes forcible transfer: a grave breach of GCIV and a war
crime according to the Rome Statute.
Taken collectively, the situation resulting from the policies of the Israeli
government in the oPt not only amounts to a plethora of human rights
violations but also constitutes a grave breach of its obligations as an Occupying
Power. Thus, it can be concluded that the creation and expansion of colonies
(which in itself is prohibited) is a vehicle for other war crimes such as forcible
transfer resulting from a coercive environment, or the extensive destruction
and appropriation of property when carried out unlawfully and wantonly.169
167 UDHR, art. 17, 1948 states that “Everyone has the right to own property […] and no one shall be
arbitrarily deprived of his property.” See: UDHR, art. 17, supra note 140.
168 UDHR, art. 23, 1948 and ICESCR, art. 6, 1976 address the right to work. See: UDHR, art. 23, supra
note 140; UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16
December 1966, United Nations, Treaty Series, vol. 993, art.6, available at: http://www.refworld.org/
docid/3ae6b36c0.html [accessed 28 September 2017].
169 Rome Statute, art. 8(2)(a)(iv), supra note 57.
62
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