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by Ido Rosenzweig and Yuval Shany

Introduction

Human Rights Report on Israel and the Occupied Territories
On February 25, 2009, the U.S Department of State published its annual human rights report for the year 2008. [1] This report is submitted to the Congress in compliance with the Foreign Assistance Act of 1961 (FAA). As a recipient of monetary assistance from the United States, Israel is subject to this report. The information is gathered mainly from official government publications, the media and NGO reports. The report on Israel and the occupied territories refers to relevant human rights issues in Israel and in the occupied territories, and the relation between these two entities. This article summarizes the segments of the report that address terrorism and counter-terrorism. It should be noted that since this report applies to the year 2008, "Operation Cast Lead" is not accorded significant treatment.

The Report - Israel

During 2008, 14 Israeli civilians were killed by Palestinians in rocket attacks and other terrorist attacks. These attacks included a suicide bomber attack in Dimona on February 4 in which one civilian was killed and nine were injured; an attack by an East Jerusalem resident, who killed eight students and wounded 11 at the Merkaz Harav Yeshiva on March 6; and a bulldozer attack by an East Jerusalem resident that left three dead and at least 18 wounded on July 2.

Furthermore, Palestinians fired 1,571 rockets and 1,531 mortars from Gaza into Israel, as well as numerous sniper shots, killing 10 Israeli civilians in 2008. This is a clear escalation from 2007, when 896 rockets and 749 mortars were shot from Gaza.

On September 25, Prof. Ze'ev Sternhell of Hebrew University of Jerusalem was wounded by a pipe bomb that exploded at the entrance of his house. The pipe bomb, which was allegedly planted by a Jewish extremist group, is considered to be the only Jewish terrorist attack carried out in 2008.

The Report - The Occupied Territories

Although President Abbas maintained control of the West Bank, terrorist organizations continued their activities in some areas there, while Hamas established de facto control over the Gaza Strip. President Abbas repeatedly called for an end to the violence against Israel and for a cessation of the internal violence between Fatah and Hamas, but these calls failed to prevent the numerous attacks that were launched.

The hostilities between Israel and the terrorist organizations in the Palestinian territories resulted in numerous casualties as well as damage to property. During operations in the West bank and in Gaza, the IDF killed 782 Palestinians and destroyed several citrus, olive and date groves, and irrigation systems. This number includes at least 315 casualties as a result of the airstrikes against Hamas facilities in Gaza during the first days of "Operation Cast Lead". It also includes targeted killing operations in which, according to the Israeli NGO, B'Tselem, Israeli forces targeted and killed 14 Palestinians — most were affiliated with terrorist organizations. Palestinians, on the other hand, killed 19 Israeli civilians and 10 IDF soldiers in the occupied territories.

During 2008, the IDF also conducted numerous incursions into the Palestinian territories in order to carry out arrest operations and to kill suspects of terrorist activity. Palestinians responded by firing on the Israeli forces and by booby trapping homes and apartment buildings. In response, the IDF raided and destroyed buildings in which militants were allegedly harbored. These actions often resulted in civilian casualties.

During the year, there was a significant increase in violent attacks by settlers against Palestinians. For example, on June 20 and July 21, settlers from the settlements of Yitzhar and Har Bracha launched several improvised rockets at nearby Palestinian villages.

Israel also conducted large scale arrests in the West Bank; however, most arrests targeted specific persons. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), there was a rise in the number of IDF search and arrest campaigns during the first 10 months of the year: the IDF arrested an average of 83 persons every week, and a total of 4,078 search and arrest campaigns were conducted in the West Bank as compared to 2,613 during the same period in 2007.

Conclusions

The U.S. Department of State's annual report on human rights is an informative and seemingly objective report, which usually does not appear to adopt specific political positions or opinions. The report indicates that until the last days  of 2008 (and the beginning of "Operation Cast Lead") a sort of a lethal "equilibrium" was maintained between Palestinian terrorist attacks and Israeli military responses (with the exceptions of the gradual rise in rocket attacks against Israel from Gaza and the increase in settler violence).

However, since the report does not discuss the specific patterns of action-reaction between Palestinian terrorist organizations and Israel, it does not facilitate an analysis of the complex question of the proportionality of Israel's responses.

* The views expressed in this article are not necessarily those of the Israel Democracy Institute.