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Seam Zone

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The Wall (according to the ICJ Wall Case opinion) route as of May 2005. Seam Zone, the area between the Wall (according to the ICJ Wall Case opinion) and the1949 Arab-Israeli armistice line,is colored in blue-green.

Seam Zone(Hebrew:מרחב התפר) is a term used to refer to a land area in theIsraeli-occupied West Banklocated east of theGreen Lineand west ofIsrael'sseparation barrier,populated largely by Israelis in settlements such asAlfei Menashe,Ariel,Beit Arye,Modi'in Illit,Giv'at Ze'ev,Ma'ale Adumim,Beitar IllitandEfrat.[1]

As of 2006, it was estimated that about 57,000Palestinianslived in villages located inenclavesin the seam zone, separated from the rest of the West Bank by the Wall (according to the ICJ Wall Case opinion).[2]TheUnited Nationsestimated that if the series of walls, fences, barbed wire and ditches is completed along its planned route, about a third of West Bank Palestinians will be affected—274,000 will be located in enclaves in the seam zone and about 400,000 separated from their fields, jobs, schools and hospitals. TheSupreme Court of Israelordered changes to the barrier route to reduce the number of people leaving or affected by the seam zone—according to the court verdict the number now stands at 35,000.[2]

In July 2006,B'Tselemforecast that 8.5 percent of theWest Bank,includingEast Jerusalem,would be situated in the seam zone. This area also contains ninety-nineIsraeli settlements(including twelve in East Jerusalem) in several densely populated areas near the Green Line—areas thatGeneva Accordsuggested could be transferred to Israel as part of a mutually agreed land-swap with the Palestinians. Acoording to a 2004 estimate, the Seam Zone is home to some 381,000 Israeli settlers (192,000 in East Jerusalem).[3]

Purpose

According to the Israeli officials, the decision to create the zone involved multiple reasons. Among them was, "The need to create a"buffer zone"by distancing the Barrier from the homes of Israelis living nearby, whether they be in communities in Israel or in the settlements."[4]According to the State Attorney's Office, "this buffer zone is vital to strike against terrorists who are liable to cross the Barrier before carrying out their scheme." Another consideration cited is the need to "defend theforcesprotecting the barrier by running the route in areas that cannot be controlled [topographically] from east of the barrier. "It is contended that due to thetopographyof the area, running the entire Barrier along the Green Line, "would not enable protection of the soldiers patrolling the Barrier, who would find themselves in many cases in a lower topographical position."[5]

Legal structure and permit system

See also:West Bank closures

The seam zone is designated as a "closed area" for persons other than Israelis and Jews abroad by way of amilitary order,the IDF Order Regarding Security Regulations (Judea and Samaria) (No. 378), 5730-1970, Declaration Concerning Closing an Area no. S/2/03 (Seam Zone),[6][7]issued on 2 October 2003.[8]The order stipulates that "no person will enter the seam area and no one will remain there". The regulation does not, however, apply to Israelis. For the purposes of the order, an "Israeli" is defined as "a citizen of theState of Israel,a resident of the State of Israel registered in the population registry in accordance with the Population Registry Law and anyone who is eligible to emigrate to Israel in accordance with theLaw of Return."[8]

The day prior to the issuing of the military order, theIsraeli Ministry of Foreign Affairsreleased a Cabinet Communique which explained that the establishment of the seam zone was of the "utmost importance," citing also the "strong security need for building a security barrier in the 'seam zone' and in the 'Jerusalem envelope'."[9]

Photo of atasrih,the work permit required for Palestinian residents living in or near the Seam Zone

Palestinians who live near the seam zone are allowed to enter and stay if they possess a written permit,taṣrīḥ(تصريح) inArabic,authorizing permanent residence.[8]Palestinians who are not residents of the seam zone can apply for personal permits provided they have a specific reason. Permits must be applied for in advance. There are 12 different categories of personal permits, including forfarmers,employees, business owners and employees of thePalestinian Authority.Specific criteria for the acceptance or refusal of personal permits is not outlined in the regulations.[8]

Permit holders must apply for special permission if they wish to travel by automobile, bring in goods or stay overnight in the seam zone.[8]Even those holding permanent or personal permits are limited to crossing the barrier at the single gate specified in the permit. Personal permits granted, including those issued to farmers who wish to access their land, are often only valid for a limited period.[8]Access to the seam zone for permit holders is further limited by the specific operating regimes of the gate in question. Procedures and their opening hours differ from gate to gate and are not always entirely predictable.[8]

According to theUnited Nations Office for the Coordination of Humanitarian Affairs(UNOCHA), in July 2005, 38% of the applications for a permit were denied.[10]Israeli and Palestinianhuman rightsgroups have noted that there is an increasing tendency to grant permits only to registered landowners and their direct descendants.[10]The workforce in the labour-intensive Palestinian agricultural sector is therefore often excluded. Combined with the restrictions faced even by permit holders, there is an increasing tendency for land in the seam zone not to be cultivated.[10]UnderIsraeli law,land areas not cultivated for three consecutive years can be confiscated and declared "state land". According to the UNOCHA, much of the land in the seam zone has already been declared "state land".[10]

Criticism

Human rightsgroups, including those in Israel, have challenged the legality of both the separation barrier and the seam zone underinternational law.For example, in a petition toIsrael's Supreme Court,the Israelinon-governmental organizationHamoked(Center for the Defense of the Individual) stated that,

"the web of the Declaration and the Orders has spun, in the seam zone, a legal apartheid, which is intolerable, illegal and immoral. In other words, the discriminatory and oppressive topographical structure stands upon a shameful normative infrastructure, unprecedented in Israeli law."[11]

Towns and villages in enclaves in the seam zone

As of 2010, the separation barrier is not yet completed in all areas. According to the official map published by the Israeli government,[12]the following Palestinian towns and villages will lie west of the completed or planned separation barrier:

The localities ofKhirbet Jabara(near Tulkarm),Azzoun,Ras Tira,Dab'a,Wad RashaandArab a-Ramadeen(all nearQalqilya) were originally planned to be west of the barrier. Subsequently, theSupreme Court of Israelordered a re-routing of the barrier to place these localities east of the barrier.

Qalqilya and theHableharea (includingRas AtiyaandIzbat Jalud) are strictly speaking not enclaves, as narrow strips of land connect them to areas east of the barrier. Periodically the Israeli military employ checkpoints to restrict access to these areas for security reasons.[13]

References

  1. ^Human Rights Watch(HRW) (10 March 2005)."Human rights concerns for the 61st Session of the UN Commission on Human Rights".Retrieved1 April2008.
  2. ^abMargarat Evans (6 January 2006)."Indepth Middle East:Israel's Wall (according to the ICJ Wall Case opinion)".Canadian Broadcasting Corporation.Retrieved11 May2007.
  3. ^"Separation Barrier: 9 July 2006: Two Years after the ICJ's Decision on the Separation Barrier".B'tselem.9 July 2006.Retrieved11 May2007.
  4. ^Under the Guise of Security: Routing the Separation Barrier to Enable Israeli Settlement Expansion in the West Bank.B'Tselem - The Israeli Information Center for Human Rights in the Occupied Territories.
  5. ^HCJ 4825/04, Muhammad Khaled 'Alian et al. v. The Prime Minister et al., Response, Section 469, section 64
  6. ^PLO-NAD,Israeli Military Order Declaring West Bank Land Between Israel's 1967 Border and the Wall as a ″Closed Zone″.Accessed January 2014
  7. ^International Court of Justice - Legal consequences of the construction of a Wall in the Occupied Palestinian Territory - Written Statement submitted by Palestine,30 January 2004, p. 364.
  8. ^abcdefg"Israel's Separation Barrier:Challenges to the Rule of Law and Human Rights: Executive Summary Part I and II"(PDF).International Commission of Jurists.6 July 2004.Retrieved27 May2012.
  9. ^"Cabinet Communique".1 October 2003.Retrieved31 August2007.
  10. ^abcd"ICJ AO intervention 8 July 2006"(PDF).Palestinian Centre for Human Rights. 8 July 2006.Retrieved20 December2013.
  11. ^HaMoked: Center for the Defense of the Individual."Petition for Order Nisi and Interlocutory Order"(PDF).Retrieved31 August2007.
  12. ^"Map of Security Fence Project".Archived fromthe originalon 10 July 2016.Retrieved3 August2010.
  13. ^"Archived copy"(PDF).Archived fromthe original(PDF)on 7 April 2008.Retrieved3 August2010.{{cite web}}:CS1 maint: archived copy as title (link)

External links

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