Nevertheless, Israel's sovereign right to take all appropriate steps to prevent
violence against its citizens is not disputed. However, security measures
must be taken in accordance with internationally recognized legal norms and
principles.26 For example the Siracusa Principles27 establish that a state will
not use “more restrictive means than are required for the achievement of
the purpose of the limitation”,28 and that the “laws imposing limitations on
the exercise of human rights shall not be arbitrary or unreasonable”.29 More
specifically, the Principles provide guidelines regarding limitations applied
on the basis of national security. They establish that states cannot impose
limitations merely to prevent relatively isolated threats to law and order;
that national security cannot be used as a pretext for imposing arbitrary
limitations; and, especially, that “the systematic violation of human rights
undermines true national security and may, in fact, jeopardize international
peace and security. A state responsible for such violation shall not invoke
national security as a justification for measures aimed at suppressing
opposition to such violation or at perpetrating repressive practices against
its population”.30
Limitations on the Freedom of Movement
Outside the West Bank
One of the most prominent measures undertaken by Israel under the premise
of “security” has been the construction of the Annexation and Segregation
Wall. But if the Wall was in fact built to prevent Palestinians from entering
Israel without prior clearance from the Israeli authorities, then it is very
unlikely that, more than a decade after construction of the Wall began, tens
of thousands of Palestinians continue to work inside Israel without proper
permits (illegal according to Israeli law) but with the explicit knowledge of
Israeli authorities. In the first quarter of 2015, 39,300 Palestinians were
26 Palestinian Centre for Human Rights, “The Israeli Policy of Closure: Legal, Political, and Humanitarian
Evaluation”, 20 December 1996, chapter 2, available at: http://www.pchrgaza.org/files/S&r/English/
study6/Chapter%20Two.html
27 The Siracusa Principles were adopted in May 1984 by a group of international human rights experts
to consider the limitation and restriction provisions of the ICCPR. See United Nations, Economic and
Social Council, “Siracusa Principles on the Limitation and Derogation Provisions in the International
Covenant on Civil and Political Rights”, U.N. Doc. E/CN.4/1985/4, Annex (1985), Available at:
https://www1.umn.edu/humanrts/instree/siracusaprinciples.html; Lawyers’ Rights Watch Canada,
“International Human Rights Law: Non-Treaty Standards”, located December 2015, available at:http://
www.lrwc.org/education/international-law/non-treaty-standards/
28 UN Commission on Human Rights, “The Siracusa Principles on the Limitation and Derogation Provisions
in the International Covenant on Civil and Political Rights”, 28 September 1984, E/CN.4/1985/4,
Principle 11, available at:http://www.refworld.org/docid/4672bc122.html
29 Ibid. Principle 16
30 Ibid. Principle 32
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