and sanitation services as well as the right to work and to adequate standard
of living guaranteed under the ICCPR and the ICESCR. The collective impact
of the lack of basic services makes it difficult, if not impossible, for those
individuals to remain in their homes. As mentioned in the legal framework,
the forcible dimension of forcible transfer is not limited to physical force, but
can include coercion or duress intended to transfer those affected. When
considering that the majority, if not all, Palestinian communities are targeted
by more than one policy of forcible transfer, the coercive environment they
are subjected to becomes more apparent.
The causal relationship between the Israeli policy of denial of access to natural
resources and services and forcible transfer is clearly evident; accordingly,
a direct link can be made between this policy and the commission of war
crimes in the oPt. The systematic and widespread implementation of this
policy would also make the forcible transfer resulting from the denial of
access a crime against humanity. There is a myriad of human rights violations
connected to this policy which affect Palestinians on a daily basis. The denial
affects rights so basic such as the right to adequate housing, right to health,
right to education or right to non-discrimination.
The denial of services presents itself as the epitome of Israeli institutionalized
discrimination against Palestinians. Its de facto enforcement, rather than via
clear military orders or legislation, aims precisely at hiding the intentional
denial of services to Palestinians. This discriminatory regime, coupled
with other Israeli policies such as the permit regime, land confiscation or
suppression of resistance, could also amount to the “deliberate imposition
on a racial group or groups of living conditions calculated to cause its or their
physical destruction in whole or in part,” which would make Israeli policies
vis-à-vis Palestinians amount to the crime of apartheid as per the Convention
on Apartheid (1976), which applies to Palestinians in Israel and the oPt.
Each subgroup of Palestinians is subject to distinct discriminatory systems
that differ in severity which are connected by one common feature: that
their status is inferior to Jewish nationals. Israel’s treatment of Palestinians
throughout Israel and the oPt constitutes an overall discriminatory regime
aiming at controlling the maximum amount of land with the minimum amount
of indigenous Palestinians residing on it. In order to limit the population
growth of Palestinians within Israel, they are confined geographically, and/
or forcibly displaced through Israeli legislation and policies that restrict their
access to full equality and to state institutions, resources and services.
The denial of natural resources creating the coercive environment which
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