Checkpoints, Physical Obstructions, and Forbidden Roads

Israel enforces severe restrictions on the freedom of movement of Palestinians in the West Bank through a system of permanent and flying checkpoints and physical obstructions.

The number of permanent checkpoints barely changes. As of the end of November 2007, there were 99, 36 of them the last inspection point before entering Israel. Most are located a few kilometers from the Green Line, inside the West Bank. Some of the checkpoints just before entry into Israel are now run by private security companies and others by Border Police officers and soldiers. The other 63 checkpoints monitor and control movement within the West Bank; 47 are staffed permanently by soldiers and the others are staffed intermittently. Sixteen of the internal checkpoints are situated in Hebron. In addition to the permanent checkpoints, the army sets up dozens of flying checkpoints weekly.

The restriction on Palestinians wanting to cross a checkpoint varies from checkpoint to checkpoint and from time to time. At almost all checkpoints, Palestinians have to show an identity card or crossing permit, which are checked in the manner customary at the particular checkpoint. Often, soldiers inspect the vehicles and the passengers’ possessions.

At some checkpoints, Israel occasionally prevents men of a certain age group, usually 16-35, from crossing. This restriction is especially common at the checkpoints in Nablus District. From time to time, Israel places a sweeping restriction prohibiting residents of a particular district from crossing staffed checkpoints by foot, or, alternatively, from crossing by vehicle. Restrictions of this kind are common in the Jenin and Nablus districts. At certain checkpoints, vehicles are allowed to cross only if they have special permits, which are generally given only to public-transportation and commercial vehicles.

In addition, Israel has closed access roads to main roads, using a variety of physical means, among them dirt mounds, concrete blocks, boulders, fences, trenches, and iron gates. The number of obstructions fluctuates depending on the political and security situation; as of November 2007, there were 486 physical obstructions. The obstructions eliminate the exercise of discretion in letting a person pass, even in emergency cases. Also, they block not only vehicles, but many pedestrians as well, those who have difficulty going over or around them – the elderly, ill persons, pregnant women, and small children.

This system of restrictions enables Israel to designate some of the roads in the West Bank for primary or exclusive use by Israelis, mainly settlers living in the West Bank. Israel prohibits Palestinian vehicles from even crossing certain roads. This prohibition results in restricted access to roads that Palestinians are not prohibited from using. Travelers in Palestinian vehicles must exit their vehicles, cross the road by foot, and then find alternate transportation on the other side. Palestinians are forbidden to use, or are restricted in their use of, more than 300 kilometers of roads in the West Bank; Israelis are free to use these roads without restriction of any kind.

Prolonged checks and searches carried out by soldiers at some of the staffed checkpoints, and the accompanying degradation and long lines that result, deter Palestinians from using even some roads that are open to them. Consequently, there is light Palestinian travel on some of the main West Bank roads, and these roads are essentially used only by Israeli settlers.

The forbidden-roads policy is not set forth in military legislation or in any official document, except for the prohibition on travel on Route 443, which was made by formal order after five years of prohibition and following a petition filed in the matter with the High Court of Justice. In response to B'Tselem's inquiry on this point, the IDF Spokesperson's Office stated that the restrictions are based on "oral orders" issued by soldiers. This lack of transparency adds a dimension of uncertainty to this policy. The result is that it is difficult to criticize such a policy and challenge its legality.

One of the main purposes of the policy to restrict Palestinian movement is to protect Israeli settlers. Given that the settlements are illegal, the policy only aggravates the situation: it comprehensively and disproportionately impedes the freedom of movement of an entire population in order to perpetuate an illegal policy. If the restrictions were intended to prevent attacks inside Israel, and not in the settlements, the policy would still be illegal because it is sweeping and disproportionate, giving it a semblance of collective punishment which is forbidden.

Furthermore, Israel’s policy is based on the assumption that every single Palestinian is a security threat, thereby justifying restrictions on his or her freedom of movement. This assumption is racist and leads to the sweeping violation of the human rights of an entire population on the basis of national origin. As such, the policy flagrantly violates international law.