Tacit Consent

"At a time when the IDF is engaged in a bitter struggle against terrorists, the media exposed the activity of other armed groups in the Territories, who with impudence and ingratitude, challenge the sole dominion of the IDF over security... What kind of dominion does the IDF have in the Territories when such activity is taking place under its nose? Who else is giving these people IDF weapons? Why are these people, who are identified on television, their spokespeople and leaders still not in prison? What kind of justice is there in this leniency? [...] This is precisely how fascism was born, this is what is creating the Lebanonization of the Occupied Territories." (MK Ephraim Sneh, 12 May 1993)

Violence by settlers and other Israeli civilians against Palestinians have occurred in the Occupied Territories practically since the occupation began. This violence occurs against the background of the leniency and prolonged impotence of the Israeli law-enforcement authorities.

In recent months, the scope and severity of these acts have increased: settlers fired at and rioted in Palestinian communities, killed and wounded Palestinians, fired and threw stones at Palestinian vehicles, damaged property, uprooted trees, burned a mosque, harmed Palestinian medical teams, attacked journalists, prevented farmers from reaching their fields, and blocked roads. B'Tselem's report presents numerous testimonies on these acts.

International law requires Israel, as the occupying state, to protect the lives and property of Palestinian residents in the Occupied Territories. B'Tselem's report concludes that Israeli law-enforcement authorities do not meet their obligations in two principal areas:

• In many cases, soldiers and police officers are present during violent settler activity and do nothing to prevent the attacks or defend the Palestinians. In many cases where Palestinians requested assistance when being attacked, soldiers standing nearby responded negatively or derisively.

• Incidents of settler violence against Palestinians are not investigated thoroughly, with a high percentage (two-thirds) of investigation files being closed; contrary to law, the police fail to investigate cases in which Palestinians do not file complaints, even where the incidents have been reported in the media.

The authorities' duty to enforce the law is a basic foundation of the rule of law. The Karp Committee (1982) and the Shamgar Commission (1994) noted the phenomena of settler violence and the failure of the authorities to enforce the law, and warned about the consequences. B'Tselem's report concludes that the policy of (non) enforcement of the law on settlers continues.

In Israel's report to the Mitchell Committee, which is investigating the events of recent months, the state undertakes to investigate every case in which claim is made that settlers injured Palestinians. It is clear even now that Israel is not living up to this commitment.