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During "Operation Defensive Shield", which lasted three weeks, the IDF imposed a 24-hour curfew on most residents of the West Bank. In some areas, this curfew continued even after the operation was carried out. In "Operation Determined Path", which lasted several months, the army reentered the West Bank and reinstated a 24-hour curfew in all Palestinian cities there except Jericho, as well as in many West Bank towns and villages. In the initial weeks of the operation, almost two million Palestinians were under 24-hour curfew.
After two months had passed, the IDF began to gradually lift the curfew from the towns and villages, but the major cities remained under 24-hour curfew for many more months. Imposition of prolonged, round-the-clock curfews is illegitimate. The routine use of such curfews, which ostensibly results from security considerations, fails to meet tests set forth either in international law or in the IDF's own criteria. As occupier, the IDF is required to ensure the wellbeing of the civilian population. Therefore, any means that it employs must maintain a reasonable balance between security needs on one hand, and potential harm to the civilian population and their property on the other. Alternative measures that result in less harm to the civilian population must be empoyed. In past situations, military needs have not been proportionate to the harm that was done to the civilian population. With the exception of providing short breaks during curfews, Israel has totally ignored the injury inflicted on the civilian population. Furthermore, it is unreasonable that, over such long periods of time, the IDF has been unable to find alternatives that involve less of an infringement on human rights. Sweeping, prolonged 24-hour curfews in the West Bank reinforce the conclusion that substitute measures have not been seriously considered and that Israel has too often chosen that measure which is simply cheapest and easiest to implement. The prolonged curfew affects all areas of life. The major effects are destruction to the economic infrastructure, loss of sources of income, malnutrition, stress from being confined to one's residence, and grave harm to the education, health, and welfare systems. Residents are unable to obtain medical treatment and follow-up care on time. The prolonged curfew constitutes collective punishment, which is absolutely prohibited by international law. The IDF enforces curfew by means of live fire aimed at Palestinians, at times without warning. This practice is particularly grave. As of 18 October 2002, the IDF killed nineteen Palestinians – twelve of them children under the age of fifteen – in such circumstances. Dozens more were wounded. None of these Palestinians endangered soldiers' lives. Violation of curfew is not sufficient justification to open fire. When soldiers shoot under such circumstances, they are guilty of excessive use of force. Using gunfire to enforce curfew testifies to a shameful disregard for human life and a "trigger happy" attitude. Excessive force of this nature constitutes a flagrant breach of international law. Another grave practice employed by the IDF in enforcing curfew is the firing of tear gas. This practice caused the death of an infant, and others were injured when they were hit by a tear-gas canister. Some Palestinians required medical treatment for the inhalation of tear gas. B'Tselem has received testimonies of cases in which soldiers sought to punish Palestinians by intentionally firing tear-gas canisters into a house and into a car. Firing at Palestinians who ostensibly violate curfew is even more problematic because of the lack of clarity in the procedures for imposing and lifting curfew. The IDF Spokesperson refused to provide B'Tselem with information on these procedures. According to testimonies given to B'Tselem, and contrary to statements made by the IDF Spokesperson, the army does not properly notify the local population about curfew hours. As a result, the residents often do not know whether the curfew is in effect. They must frequently rely on rumors and on what they see transpiring in the streets. The IDF and the defense establishment must cease using curfew as a permanent policy. A 24-hour curfew on a specific area for a set period of time, following prior warning, is legitimate. A prolonged 24-hour curfew imposed on hundreds of thousands of residents is unjustifiable on the grounds of security needs. Also, live gunfire and tear-gas are illegal means to enforce curfew, and the IDF must stop this practice immediately. Furthermore, the IDF must investigate every instance in which soldiers have violated these orders. Lastly, the IDF must establish clear procedures for imposing and lifting curfews. |