Since the early 1990s, Israel has restricted Palestinian movement in the West Bank. Prior to the second intifada, the restrictions were primarily intended to prevent Palestinians from entering Israel and East Jerusalem. During the second intifada, Israel established dozens of checkpoints and hundreds of physical obstructions inside the West Bank, including dirt mounds, concrete blocks, and trenches, and began construction of the Separation Barrier, with its gates. These restrictions were unprecedented in the history of the Israeli occupation in scope, duration, and severity of harm to Palestinians living in the West Bank.
In 2009, Israel reduced the number of checkpoints and obstructions, but at the end of 2010, there were still 99 checkpoints and 505 obstructions of various kinds (as counted by the UN Office for the Coordination of Humanitarian Affairs). The checkpoints and obstructions reflect Israel’s belief that freedom of movement is not a right, but a privilege that Israel may grant or deny as it wishes.
The existing restrictions are primarily aimed at controlling Palestinian movement and at channeling it to a few major checkpoints, depending on Israel’s needs. They are intended to keep Palestinian traffic away from the settlements, main roads used by settlers, and areas where Israel wants to strengthen its control and exclude Palestinians. Therefore, most of the checkpoints and obstructions are located on roads leading to Area C (the 60 percent of the West Bank under complete Israeli control), in East Jerusalem, the Jordan Valley, enclaves west of the Separation Barrier, and the settlements in Hebron.
The restrictions on movement are enforced by physical and administrative means that include the following: the checkpoints and obstructions, the Separation Barrier, forbidden roads or roads with restrictions on Palestinian use, and the movement-permit regime. During the second intifada, these restrictions split the West Bank into six geographical areas: North, Center, South, the Jordan Valley and northern Dead Sea, the enclaves resulting from the Separation Barrier, and East Jerusalem. Movement between the sections and within each section became hard, slow, and complicated. Now, Israel permits Palestinian movement between most parts of the West Bank but continues to restrict Palestinian movement to East Jerusalem, the Jordan Valley, and the enclaves west of the Separation Barrier. In these areas, the restrictions create a situation of constant uncertainty for Palestinians regarding their ability to carry out everyday activities, such as going to work or school in the nearby town, marketing farm produce, obtaining medical treatment, or visiting relatives. Many actions also entail bureaucratic involvement, at the end of which the Civil Administration often denies the request. In addition, Israel continues to prevent Palestinians from traveling between the West Bank and the Gaza Strip in almost all cases, and makes it very difficult for West Bank Palestinians to enter Israel or to travel abroad.
International human rights law requires Israel to respect the right of residents of the Occupied Territories to move about freely in the occupied territory. This right is recognized in Article 13 of the Universal Declaration of Human Rights, and in Article 12 of the International Covenant on Civil and Political Rights. Furthermore, international humanitarian law requires Israel, in its capacity as the occupier, to ensure the safety and wellbeing of the local residents, and to maintain, to the extent possible, normal living conditions.
Freedom of movement is also important because it is a prerequisite for the exercise of other rights, which are set forth in the International Covenant on Economic, Social and Cultural Rights. Among these are the right to work (Article 6), the right to an adequate standard of living (Article 11), the right to health (Article 12), the right to education (Article 13), and the right to protection of family life (Article 10).
Israel is entitled to protect itself by using various means, including restrictions on Palestinian movement, when these are absolutely necessary in order to meet military needs. However, given the breadth and duration of the restrictions it has imposed and the resulting grave harm they have caused to the local population in all aspects of life, Israel’s policy of restrictions on movement flagrantly breaches its legal obligations.
Furthermore, Israel's policy is blatant discrimination based on ethno-national origin since these restrictions apply only to Palestinians. Jewish residents are permitted to move about freely in areas where Palestinian movement is restricted. Thus, Israel 's policy violates the right to equality that is prescribed in all the human rights conventions to which Israel is party.
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