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August 3, 2004

Kathleen Newland, Director of the Migration Policy introduced Susanna Swan, current Head of Operations in the Near East region for the International Committee of the Red Cross (ICRC). Ms. Swann has previously been an ICRC delegate in Liberia, Rwanda, Israel and the Occupied Territories, former Yugoslavia, and Georgia. She was also acting head of operations for Central and Southeastern Europe.

Swann began by giving a broad overview of ICRC involvement in the Near East region. (The term Near East, as used by the ICRC, refers to Israel, Palestine, Jordan, Syria, and Egypt.) The mandate of the ICRC is to protect and assist victims of international conflict and internal violence, and to promote and strengthen the observance of international humanitarian law and universal humanitarian principles. ICRC considers Israeli presence in the Golan Heights and the Occupied Territories of the West Bank and Gaza Strip since 1967 as occupation of these territories, and has been permanently present and monitoring the situation in these territories since then. While the Israeli government does not see itself as an occupying force, they acknowledge de facto the requirements of international humanitarian law in the Occupied Territories. Swann noted that ICRC maintains dialogue not only with the Israeli government and Palestinian Authority, but also with groups such as Hamas who play a significant role in providing aid at the local level. The ICRC has a relatively large presence in this West Bank and Gaza Strip. There are 67 expatriate staff and 157 local staff in the region. Swann also noted that in comparison to other ICRC operations around the world, access to areas worst affected by conflict in the region is very good.

Swann noted that tensions in Israel and the Occupied Territories have become much more intense since the second intifada was launched. While the first intifada was primarily a movement of the people, the second intifada has seen the rise of organized armed groups and suicide bombers with the capability to inflict more serious harm on the Israeli Defense Forces (IDF) and Israeli civilians. While the ICRC recognizes these increasingly severe attacks against Israel as acts of terrorism, the ICRC continues to hold the Israeli government’s responses to the standards of international humanitarian law. Accordingly, Israel is expected to provide a normal a life as possible for people in the Occupied Territories.

Swann provided three examples of common violations of humanitarian law in the Occupied Territories. The first example is the construction of earthen walls and checkpoints to block movement between different points in the Occupied Territories, which, due to their frequent occurrence, severely disrupt the normality of life for Palestinians. Any activity requiring movement such as trade, work, and education are disrupted on a frequent basis due to these walls and checkpoints. The second example given by Swann was the gradual expansion of Jewish settlements into surrounding lands. These settlements are a profound irritant to the Palestinian population, especially as they raise issues about water rights and further restrict movement. Palestinians are not allowed to use the settlement access roads, further complicating the issue of travel in the Occupied Territories. The third example of a common violation of humanitarian principles given by Swann occurs when IDF carry out operations in densely populated areas of the Occupied Territories. Swann acknowledges the need for Palestinians to cooperate with the IDF during these operatives, but notes that these incursions frequently cause tensions among locals to boil over. Ensuing firefights often result in the deaths of bystanders, including small children.

Frustration among the Palestinian population is further provoked as the state of the economy, which had previously been reliant on trade, continues to worsen. This creates a heightened sense of desperation among people severely strained by the slow and lengthy nature of the Israeli-Palestinian peace process.

ICRC staff monitor the Occupied Territories, address violations of humanitarian law, and visit prisoners on both sides of the conflict. Swann stated that they also provide limited aid to address the needs of the people. A more intensive aid program was instituted in 2002-03, but was ended as the ICRC feels that the duty of providing direct aid should fall to the governing authorities. The ICRC does provide such assistance as tents and supplies for those whose homes have been destroyed, water supplies, support for the ambulance services of the Palestine Red Crescent Society and technical and financial assistance to the Red Star of David medical services. The ICRC also aims to educate the armed forces on what is and is not acceptable behavior on their part. Recently, the ICRC has been participating in the dialogue on two major actions by the Israeli government: the construction of a security wall between the West Bank and Israel, and the Gaza disengagement plan.

In an unusual move, the ICRC issued a public statement on the legality of the barrier’s route encroaching on the West Bank. Its conclusions were independent of the Israeli High Court’s analysis of the situation. Swann told the audience that ICRC prefers to hold discussions behind closed doors, but in this instance, as the Israeli government was not likely to listen to ICRC suggestions, the group decided to conduct an independent analysis of the consequences of the route and publicly announce their findings. The final ICRC statement deemed that as far as the West Bank barrier deviated from the Green Line demarking the boundary between the West Bank and Israel, the consequences to the local populations were so great that the barrier would constitute a severe violation of international humanitarian law.

The ICRC is currently involved in discussions about the Gaza disengagement plan, which calls for the dismantlement of Israeli settlements in the Gaza Strip, and the removal of Israeli forces and effective transfer of control to Palestinian authorities in the Gaza Strip. In this situation, Swann noted that the ICRC’s primary concern is to ensure that the needs of the Palestinian people will be taken care of during and following such a transition. The ICRC has been in discussion with the Israeli government making sure that the full impact of this plan on the Palestinian people will be considered and accounted for. With that Swann closed her discussion and opened the floor to questions.

Question and Answer Session

One audience member asked Swann to comment on the condition of Palestinians in the Gaza Strip in the last five years, and also to comment on what role the ICRC sees for Western governments and NGOS in the region.

Swann first commented on the conditions of people living in the Gaza Strip. Due to the high concern with security, the Israeli government is reluctant to allow Palestinians entry into Israel, with the consequence of high unemployment among Palestinians in the Gaza Strip. Many are forced to rely on handouts from UNRWA (the UN Relief and Works Agency), remittances from relatives working abroad, and aid from groups such as Hamas. Swann added that Hamas provides effective social support at the local level. Military incursions into densely populated areas have severely disrupted civilian life. The IDF also authorizes undercover operations such as targeted assassinations from helicopters. Both types of military incursions lead to accidental deaths and increasing tension in the Gaza Strip.

In response to the second question, Swann noted that there is already a major international effort to support people in this region. UNRWA provides for refugees and the international community contributes towards other projects. Yet, there will always be needs that should be addressed. Swann noted the importance in finding a balance between providing much needed aid and substituting aid from international organizations for properly functioning governments. Swann reiterated the ICRC stance that local authorities, whether they are Israeli or Palestinian, should take responsibility for their people. Swann did mention a one particularly urgent need in the region is for psychological assistance to children suffering from traumatic events.

A member of the audience asked Swann to comment on the willingness of the current Israeli administration to cooperate with the ICRC. In her response, Swann noted that ICRC has three main requirements from governments: 1) access to decision makers, 2) physical access to locations to assess the needs of civilians and detainees, and 3) the ability to monitor the implementation (or lack of it) of ICRC recommendations. Swann noted that the behavior of the current Israeli administration had been satisfactory in these dimensions. On the third point, Swann noted that ICRC has taken a public position on certain issues if they felt the party they were contending with was not acting properly, but this is a measure that is used only in extreme cases as ICRC prefers to keep discussion with involved parties private.

Another participant asked Swann for ICRC’s present assessment of the affects of the barrier on the Palestinian population, and whether ICRC policy in the Occupied Territories affects their work in other countries. Swann responded that ICRC’s assessment work on the barrier is ongoing; the Israeli High Court’s ruling on this case requires the Israeli government to make sure that the barrier is in compliance with international humanitarian law. On the second question, Swann responded that the ICRC works in different capacities around the world and hence its work in the West Bank does not necessarily have an impact on ICRC positions in different countries.

Another speaker asked how the public statement on the barrier affected ICRC’s relationship with the Israeli government. Swann responded that while the government was not happy with ICRC’s action, they understood and have taken the ICRC’s legal reading of the situation in stride.

An audience member asked about the impact of road closures on ICRC’s work. Swann responded saying that in situations where people become trapped in their homes, ICRC was able to provide assistance to them. She reiterated the responsibility of local authorities to take action in these situations.

In the final question, Swann was asked if there were constraints on the ways in which Palestinians on the ICRC staff were able to operate, and more specifically, whether they were allowed the same access and privileges of foreign staff. Swann first noted that there are many Israelis on the ICRC team in this region. She further stated that background checks of staff by the Israeli government determined the level of access they were allowed. But for most part, Swann noted that getting permission for Palestinian ICRC staff movement was not a problem.