life, this paper is only able to illustrate a few examples of the wider impact of
the permit regime and how it relates to the overall strategy of Israel of forced
population transfer. It is also important to note that this paper adopts a broad
approach as to what constitutes a “permit”. Therefore, not only are officially
labeled permits discussed in this paper, but so too are Israeli regulations and
practices which – in their imposition of severe restrictions – effectively act as
permits.
Israel’s Security Justification of the Permit Regime
Israel, through the installment of the permit regime, is restricting different
human rights of Palestinians on a daily basis. Israel often justifies such policies
on security grounds. Yet, objective examination of the facts illustrates the
highly questionable rationale behind this security “justification”.23 Many Israeli
politicians and other public figures have openly stated that the restrictions
on Palestinians’ rights are not rooted in security considerations. For example,
Justice Asher Grunis opined in a 2012 Israeli Supreme Court judgment that
“human rights are not a prescription for national suicide”.24 Such statements are
based on the notion that ensuring respect for the rights of Palestinians would
present a threat to a Jewish-majority in Israel. To this end, in 2012, Knesset
member, Ze’ev Elkin, claimed that “human rights cannot jeopardize the State”.25
Legal Framework
Israel is signatory to numerous international human rights treaties and,
therefore, International Human Rights Law (IHRL) applies within its territory.
In addition, the International Court of Justice (ICJ) concluded that IHRL and
International Humanitarian Law (IHL) are not mutually exclusive and can
be concurrently applicable within the same territory. IHL is indisputably
applicable in situations of occupation, and the ICJ affirmed that international
human rights instruments are also applicable “in respect of acts done by a
State in the exercise of its jurisdiction outside its own territory, particularly in
occupied territories.” Israeli policies in the oPt must, therefore,adhere fully
to international human rights standards.
23 Palestinian Centre for Human Rights, “The Israeli Policy of Closure: Legal, Political, and Humanitarian
Evaluation”, 20 December 1996, chapter 2,available at: www.pchrgaza.org/files/S&r/English/study6/
Chapter%20Two.html
24 Ben White, “How Israel uses its ‘security needs’ to justify discrimination”, The National, 21 November
2015, available at: www.thenational.ae/opinion/comment/how-israel-uses-its-security-needs-tojustify-discrimination
25 Arutz Sheva, “Elkin: High Court Used Common Sense”, 1 December 2012, available at: www.
israelnationalnews.com/News/Flash.aspx/229295#.VmVpBLiGRBd
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