Since September 2000, the State of Israel has been forced to deal with continuous attacks by terrorist organizations on its military and civilians; teenagers dancing at a discothèque, commuters travelling on buses, children ordering pizza for lunch, and families celebrating the joy of a wedding and the Passover Feast, who all tragically had their lives cut short by Palestinian suicide bombings and other similar types of terror attacks. In most cases, the terrorists who committed these attacks were Palestinians residing in Judea and Samaria who easily managed to enter into Israel, and made their way to the nearest crowded bus or population center where they blew themselves up, along with dozens of innocent Israeli civilians. The ease of access and its abuse by Palestinian terrorists to commit such terrorist attacks and other similar acts by Palestinians from Judea and Samaria to major Israeli population centers demanded a defensive response from the State of Israel and its military.



Like any state confronting existential threats to the lives of its civilians, Israel has undertaken various steps in order to protect its citizens from terrorist attacks, originating from civilian population centers in Judea and Samaria. Regrettably, the measures that Israel must take in order to fight terror can also have the effect of impeding the freedom of movement of residents of Judea and Samaria. Nonetheless, these are legal and necessary steps in light of Israel's right to self defense and duty to protect its citizens under international law. It should also be noted that the State of Israel makes great efforts to limit the effect of such necessary restrictions and to ensure the freedom of movement, devoting specific attention to ambulances and those seeking urgent medical assistance.

While the 1995 Israeli-Palestinian Interim Agreement provides that the movement of people and vehicles in Judea and Samaria "will be free and normal, and shall not need to be effected through checkpoints or roadblocks," the obligation as stipulated in that same provision, clearly provides that this is "Without derogating from Israel's security powers and responsibilities in accordance with this Agreement…". A further pre-condition to the abovementioned freedom of movement provision states that:



"The provisions of this Agreement shall not prejudice Israel's right, for security and safety considerations, to close the crossing points to Israel and to prohibit or limit the entry into Israel of persons and of vehicles from the West Bank and the Gaza Strip…."



Thus, it is clear that even under the provisions of the international agreements between the State of Israel and the Palestinians, Israel has a legitimate and legal right to implement measures which may hamper movement when such actions are justified by security and safety requirements.

Contrary to popular belief, Palestinians may travel freely with no special permit required whatsoever on the vast majority of roads in Judea and Samaria. On occasion, access to certain roads is restricted as a consequence of a security threat. However, once the threat no longer exists, those restrictions are lifted and passage is restored. Furthermore, it should be noted that due to security concerns, the entrance into Area A and certain roads are also prohibited to Israeli citizens. Thus, Palestinians are not the only population subject to restriction of movement.

Claims to the effect that the Government of Israel has retained full control of the Palestinian population registry are entirely unfounded. In reality, such control was handed over to the Palestinian Authority in 1995 pursuant to the Interim Agreements. Since that time, the Palestinian Authority has been charged with the issuance of identity cards, and periodically updates Israel regarding changes that have been made to the registry.

In the wake of the construction of the security barrier, Israel invested some USD $260 million towards the construction of alternate roads to facilitate Palestinian movement, particularly in the areas surrounding Jerusalem and Maale Adumim. These roads are of notably better quality than existing roads and are designed to ensure that the social and economic networks in Judea and Samaria remain intact.


Furthermore, entry points built along the route of the security barrier are intended to allow for Palestinian residents' freedom of movement to the greatest extent possible. Official Israeli defense reports demonstrate that almost without exception, the entry points along the security barrier operate in accordance with officially stated opening times. In this context, entry points along the security barrier are opened at regular hours, and notice of such hours of operation, as well as contact information of the relevant authorities that operate and regulate the opening of such entry points is posted clearly. The hours of operation are determined in conformity with the needs of the population and balanced with security considerations. Some entry points are opened all year-round while others provide for seasonal and agricultural needs and are accordingly opened.



It should be noted that six purpose built crossings, equipped with sophisticated security examination technology, have been constructed in order to facilitate the efficient passage of goods from Judea and Samaria for purposes of trade both with Israel and via Israeli ports. Such crossings operated by a civilian authority are intended to greatly improve customer service. These crossings serve to counterbalance any possible economic impact created by the security barrier, which has been constructed in order to protect vital Israeli security concerns.

In general, Palestinian access to the Jordan Valley does not require a permit. However, vehicular access to certain areas requires a permit and subject to routine security checks. Moreover, permits are issued for vehicular access to the area when it can be demonstrated that such access is for legitimate business or economic purposes.

The construction of the security barrier in the areas adjacent to Jerusalem has no effect on Jerusalem's Arab residents' legal standing. Neither will the construction alter current arrangements which allow Israeli citizens – including Arab residents of East Jerusalem holding Israeli identification certificates – access to Jerusalem through 12 different entry portals. Both prior to the construction of the security barrier and subsequent to, Palestinians wishing to enter Jerusalem must seek an entry permit and may enter through specific access areas designed to facilitate security checks.

According to the 1995 Interim Agreement between the Palestinian Authority and the State of Israel, the Palestinian Authority (PA) has complete control over all civilian administration in Area A of Judea and Samaria, and has a police force in charge of its security. In Area B of Judea and Samaria, the PA has complete civilian authority, but responsibility over security issues are shared with Israel; in practice, however, Israel has very little presence there. Israel has full civilian and military authority in Area C. This notwithstanding, over the years the Israeli Civil Administration has approved over 400 Palestinian building plans in Area C. Moreover, it should be noted that there is ample space in Areas A and B for the expansion of existing towns and villages and even for the establishment of new cities.


In addition, significant development projects have been undertaken in the Palestinian areas. Since Area A was handed over to the Palestinian Authority, several industrial zones, including those in Beit Aiba and Anbata, have been established.


Furthermore, steps have been taken by the Israeli Civil Administration in coordination with international organizations to find solutions for waste disposal for the Palestinian population in Judea and Samaria. A dumping site in Zaharat al-Finjan in Samaria is due to open in the near future. The establishment of a new dumping site in the area of Bethlehem and a disposal waste system in Hebron are currently under consideration. Additionally, the Civil Administration has refrained from closing the illegal dumping site at al-Bira, adjacent to the Jewish settlement of Psagot, which is used for waste from Ramallah, despite the costs incurred by Israel as a consequence of related environmental damage. At the same time, the Civil Administration is working on finding alternative solutions for similar waste disposal systems and is promoting disposal at the Dir Dabuan site.