This situation, in which person's identity decides what court will deal with one's case, is contracitory to the principle of equality before the law. The Isreali authorities are conducting a partial policy towards the Israeli citizens, what undermine the rule of law in Israel.
For more than twenty years, the Israeli government has failed to protect the lives, integrity, and property of the Palestinian residents of Hebron from repeated attacks by settlers in the city.
Over the years, serious deficiencies were revealed regarding law enforcement vis-a-vis settlers, particularly the settlers in Hebron, in spite of repeated acknowledgments by the Israeli authorities of their obligations to act forcefully against violence.
B'Tselem's investigation proves that after the Shamgar Commission, and in spite of its unequivocal recommendations concerning the required improvements in this area, security forces continue to act half- heartedly with regard to repeated acts of violence by settlers in Hebron against Palestinians. In numerous cases, the police conducted no investigation and only in isolated instances were those responsible brought to trial.
The situation remains unchanged even though the government decided to adopt the findings of the Shamgar Commission, and in spite of an increase in police officers in Hebron, and the opening of another police station in the city.
The increased presence of security forces in Hebron only exacerbates the situation and causes violations of Palestinians' human rights. This presence disrupts their daily lives much more severely than that faced by residents of any other city in the West Bank.
Freedom of movement of Palestinians is significantly restricted in Hebron; the city center has 32 roadblocks and 10 manned checkpoints, a phenomenon which is found in no other West Bank city; entire areas are closed to Palestinians. 50 curfew- days have been imposed on Hebron's residents, and they also suffered 40 night curfews; violent house searches became routine, as did intentional harassment and violent acts by soldiers.
The conclusion required by the unique situation of Hebron's Jewish settlement - located within a large Palestinian city and creating constant friction between local Palestinians and settlers - is unavoidable: the continued presence of Jewish settlers in Hebron will inevitably result in continued violations of the human rights of Palestinian residents.
In the context of the negotiations between Israel and the Palestinian Authority, an agreement is currently being formulated to arrange the withdrawal of Israeli security forces from West Bank towns prior to holding elections in the Territories. Media reports indicate that this agreement will provide a special arrangement for Hebron under which the city's Jewish settlement will remain and Israeli security forces will maintain overall responsibility for the city.
It is ostensibly possible to preserve Jewish settlement in Hebron and transfer overall responsibility for Hebron to the Palestinian Authority, upon its commitment to protect the rights of the settlers. However, because of the long history of ongoing confrontations between the two populations and the positions of the Palestinians and the settlers, this solution is clearly not realistic.
The absurd reality of Hebron, where a minority of 450 settlers dictate the lives of 120,000 Palestinians, and the illegality of the settlement in Hebron under international humanitarian law require these actions. In doing this, the Israeli authorities must ensure that any removal of the settlers is accomplished while respecting their human rights.
This solution does not constitute a political position; its goal is to put an end to violations of Palestinians' human rights in Hebron, many of which result from the existence of Jewish settlement in the city. Any political solution which preserves Jewish settlement in the city and Israeli control over it, wholly or partially, will lead inevitably to additional violations of the human rights of the Palestinian residents of Hebron.