By Lara Bird-Leakey
Three months ago, a small village in Area C called Um al-Khair suffered the worst demonstration of settler colonial violence and annexation in the West Bank since 7th October. Seemingly random settler violence ripped through the village and came to a head on the 26th June. Israeli settlers destroyed 25 houses, rendering just under 100 people homeless, many of them children.
What followed was a relentless campaign by the settlers to permanently cut off the water supply to Umm al-Khair and make life as challenging for the Palestinians as possible. They forced shepherds from their historic land in order to graze their own sheep on it, pulled down schools and closed the roads into the village. Israeli settlers destroyed a tent constructed for a celebration, forcing a bride to destroy her own wedding venue. Just two weeks ago they destroyed another ten homes without notice.
The people of Umm al-Khair are used to the presence of unidentifiable and violent settlers. However, the intensity of harassment and violence recently has been unbearable. Supported by the Israeli Defence Force (IDF), and often appearing armed and dressed in their own military uniform, the settlers have declared that they are the “commanders” of the region, and have the authority to dismantle, confiscate and destroy Palestinian homes. On one occasion, the villagers obtained a permit from the Civil Administration to build a tent. As soon as they had constructed it, settlers appeared and forced them to take it down, claiming that it was ‘illegal’.
On Monday 9th September, the Israeli Civil Administration arrived at the village. An officer hung up a notice on several houses, and then left. The notice declared that the village has been declared a closed military area and that there are to be more destructions and evictions. Since then, the IDF has signed a further order which permits the Israeli settlers in the Carmel settlement to build a separation wall between the settlement and Umm al -Khair.
The notice pinned to doors in Umm al-Khair by the Israeli Civil Administration.
This wall will run between Carmel settlement and what remains of Umm al-Khair. It will be constructed on private land which belongs to villagers. The land is currently used for crops and trees, which not only feed the villagers, but are the main source of income. It is likely that further houses will be destroyed during the construction of the wall.
In 2022, the Israeli Supreme Court confirmed that Firing Zone 318 – a large proportion of Masafer Yatta which includes hundreds of villages and homes – could legally be demolished for the repurposing of an IDF training camp. This is a battle that residents of Masafer Yatta have been fighting for decades, yet no IDF have ever trained within Firing Zone 318 and there is no military presence there. This was a legal decision used to justify the demolition for illegal settlements to be built.
In Umm al-Khair, as throughout Area C, the IDF supports settlers with weapons, uniforms and logistical support. They will often appear with settlers and watch them destroy houses. The actions of settlers with the support of the IDF aims to fulfill the objective of annexation and displacement. These crimes are contrary not only to UNSC and UNGA Resolutions, and ICJ Judgements, but are indicative of the presence of crimes against humanity as per Article 7 of the Rome Statute, which includes the crimes of apartheid and persecution of an identifiable group.
Palestinians in Umm al-Khair, as in the rest of the Occupied Palestinian Territory, are subject to systematic discrimination. This regime forces Palestinians to abide by military rule, while the Israelis live under civil law. For Palestinians, there is no remedy for the destruction and violence which they endure. The categorical and systematic discrimination is an intentional effort on the part of the Israeli authorities to force Palestinians from their communities and historic homes, in order to build further illegal settlements. Many respected international human rights organisations, including Amnesty International, Human Rights Watch and Israeli B’Tselem, have concluded that this system constitutes apartheid. Many lawyers and politicians now describe the situation in the Occupied Palestinian Territories as ethnic cleansing.
In 2004, the ICJ held, in “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory”, that the construction of the separation wall constituted an unlawful use of force in violation of international law. In their judgement, they declared that all States are under an obligation to recognise the illegal situation resulting in the construction of the wall. Two decades later, almost to the day, the ICJ once again ruled on the illegality of Israeli action: confirming that the occupation of the Occupied Palestinian Territories is illegal and contrary to international humanitarian law. Going one step further, the ICJ also declared that along with the associated settlement regime, annexation and use of natural resources by the Israeli settlers is unlawful.
Twenty years ago, the ICJ ruling was disregarded by Israel and largely ignored by UN Member States. The culture of impunity that this has cultivated is now rearing its head in the most horrific manner.
Israel continues to act above and outside of international law with little to no consequences imposed by the international community. In fact, they are defended by the US, while the UK does little to prevent the complete destruction of Gaza and annexation of the West Bank.
The Wall Advisory Opinion in 2004 should have been a momentous occasion for the rule of law and for Palestinians: a declaration of Israeli Government illegality and flagrant violation of international law and international humanitarian law, and the confirmation that a solution must include the establishment of a Palestinian State.
Yet here we are today. With 8 times as many Palestinian deaths at the hands of Israeli settlers and the IDF in the West Bank, per year, than there were in 2008, and more demolitions and evictions in 2024 than ever before.
The strength of Israeli impunity can feel overwhelming. Countless Palestinian villages have been reduced to dust since the Nakba. However, it is more important than ever to tell these stories. To ensure that the people in Umm al-Khair are not alone. To guarantee that there is a record of the Israeli destruction.
After the notice was received, the people in Umm al-Khair released a call for international witnesses and observers to travel to Umm al-Khair to be in solidarity and for protection. In the past this has worked as a deterrence, but less so now. It cannot be left to civil society to protect the people of Umm al-Khair. The international community, including the UK Government, has a duty to hold Israel to account for their crimes. Otherwise, we risk being here in another 20 years with no Palestinian villages left to defend.