Israeli Violations of International Law on Water

Israeli Violations of International Law on Water in the Occupied Territories

Extracts from an article by Stephen Lendman / July 16th, 2008 

 West Bank water is another Palestinian asset that Israel illegally utilises / monopolises. West Bank has three principle aquifers supplying about one-quarter of Israel’s needs, including for its settlements and nearly all of what West Bank Palestinians get. They are:

* the Yarkon-Tanninim Aquifer supplying Israel with about 340 million cubic meters (mcm) of water annually — to Jerusalem and Tel Aviv mainly; Palestinians get far less — about 20 mcm a year; 

* the Nablus-Gilboa Aquifer supplying about 115 mcm annually, largely for agricultural irrigation in Galilee-based kibbutzim and moshavim cooperative settlements; 

* the Eastern Aquifer supplying about 40 mcm a year to Jordan Valley-based settlements; another 60 mcm go to Palestinians. 

Water also comes from the upper Jordan River and its tributaries — the Sea of Galilee, the Yarmouth, and lower Jordan River. Palestinians are denied most of it. As their population grows, shortages have become more acute because of Israel’s restrictive policies. 

By integrating Occupied Territory water resources into its legal and bureaucratic system and denying Palestinians the right to develop them for their own use, Israel violates international law under Articles 43 and 55 of the 1907 Hague Regulations. Also Article 27 of the Fourth Geneva Convention relating to treating “all protected persons….with the same consideration by the Party to the conflict in whose power they are….” 


Then there’s Article 6 of the UN Convention on the Law of the Non-Navigational Uses of International Watercourses. It requires water division between states to be reasonable and equitable. Not according to a specific formula but with regard to seven factors: 
* the watercourse’s shared natural features - its geography, climate, hydrology, and so forth; 

* each state’s social and economic needs; 

* its population; 

* how watercourse use in one state affects another; 

* watercourse existing and potential uses; 

* watercourse resources conservation, protection and development and the cost of measures to assure them; and 

* planned or existing use alternatives. 

Taking international law and all the above factors into account, Palestinian rights are severely compromised. 

Water security is crucial for Israel. Securing and preserving supply essential. In the occupied West Bank, Arabs are prohibited from drilling new wells without special permission, but it’s practically impossible to get and won’t likely change. Many existing wells were also sealed to restrict Palestinians to a very low quota, far below Israelis. Most West Bank water goes to Israel and the expanding settlement population. Jordan River water is also diverted — from 50 to 75%. As its population grows, so does its water needs. It was one among other factors behind the 1982 Lebanon invasion — to control the Litani River in the country’s south. It remains out of reach today, but a richer resource would be to secure access to major rivers like the Nile, Euphrates or Seyhan and Ceyhan in Turkey. 

Since the 1990s, water and other environmental issues were among the most important in Israeli bilateral relations. Its October 1994 peace treaty with Jordan included five annexes. Two addressed water and environmental concerns. 

The water rich Golan has been a stumbling block toward a similar deal with Syria. It’s much the same in bilateral Palestinian talks. The Territories’ water resources have been over- exploited for years, but precious little of it for Palestinian use. It’s a major destabilizing factor and obstacle to real peace and security. So many issues are at stake. One rarely discussed is the inequitable distribution of scarce and valued water resources.