82. Successive Governments of Israel have implemented laws and policies to diminish Palestinian space in Israel, including confining Palestinian localities and hindering Palestinians with Israeli citizenship from moving and integrating into Jewish localities. In addition, informal barriers resulting from wider, primarily socioeconomic, inequalities between the two populations have grown and become entrenched over decades, further preventing integration.
83. Some policies and laws are explicitly discriminatory. Others have a discriminatory impact, resulting in segregation. This is evident from the “admissions committees” policy and law, as well as statements of Israeli officials’ supporting the development of exclusively non-Jewish localities to deter and prevent Palestinians with Israeli citizenship from moving into mixed cities.
84. Such discrimination in laws and policies is a violation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Specifically, Israel has violated article 11 of the International Covenant on Economic, Social and Cultural Rights, which obliges States to ensure adequate standards of living and housing and the continuous improvement of living conditions.
85. Land and housing policies impacting Palestinians in Israel are part of a broader policy towards the Palestinian population as a whole, aimed at striving towards a Jewish majority in all areas under Israeli control, reducing the possibility of geographical self-determination for the Palestinian people.
Individual criminal responsibility
86. The Commission has identified several Israeli ministers as likely bearing the most responsibility for the international crimes noted in the present report. The Ministers of Defence since October 2023, Yoav Gallant (until 7 November 2024) and subsequently Israel Katz, are responsible for actions of Israeli security forces in Gaza which amount to international crimes. The Minister of Finance, Bezalel Smotrich, and the Minister of Settlements and National Projects, Orit Strock, are jointly responsible for driving settlement construction and expansion in the West Bank, including East Jerusalem. The Minister of National Security, Itamar Ben-Gvir, is responsible for the actions of police and prison authorities noted by the Commission in its previous report to the General Assembly. The Prime Minister, Benjamin Netanyahu, is ultimately responsibility for the conduct of Israel in the whole of the Occupied Palestinian Territory. All six bear direct individual responsibility for establishing policies and taking actions noted in the present report that have killed and injured Palestinians, deliberately inflicted on Palestinians in Gaza conditions of life calculated to bring about the group’s physical destruction in whole or in part and deepened the unlawful presence of Israeli settlers in the occupied West Bank, including East Jerusalem, including through security operations and channelling funds for settlements, farm outposts and settlement expansion.