Israel faces legal – and practical – obligations for including Palestinians in vaccine success

As nations scramble to vaccinate populations against COVID-19, one country has been ahe of rest: Israel.

By late January, Israel h vaccinated more than 30% of its population – more than double or triple rate of or high-income states like U.S., U.K., France and Germany. vaccination program has been so successful, Israel is w opening it to 16- to 18-year-olds.

In contrast, Palestinians in West Bank and Gaza Strip have seen very few among ir population vaccinated. On Jan. 31, Israel anunced a plan to transfer 5,000 doses to Palestinians to immunize front-line medical workers after weeks of global pressure, but timeline on delivery was given. That also still leaves general Palestinian population without means to a vaccine.

This disparity has led to criticism from U.S. lawmakers that Israel is shirking its responsibility and a statement from United Nations urging Israel to “help dress priority needs of Palestinians.” Doing so would be “in line with Israel’s obligations under international law,” according to Tor Wennesland , U.N. special coordinator for Middle East peace process. Human rights groups like Amnesty International , Human Rights Watch and civil society organizations throughout Israel and Palestine have echoed those sentiments.

As a scholar of health manment and policy who has worked in occupied West Bank, I would argue that t only is Israel under legal and moral obligations to include Palestinians in vaccine program, but it is also in its own self-interest.

Politics of pandemic

Like many countries, Israel has faced rocketing infection rates – including newer, more transmissible strains of virus.

Prime Minister Benjamin Netanyahu promised to get Israelis above of 16 vaccinated by end of March – which would come in time for Israel’s fourth election in just two years, and one in which Netanyahu is facing considerable pressure .

In a bid to achieve that ambitious target, Israel reportedly paid Pfizer 40% more per dose than did U.S. or any country in European Union. It also decided to tre medical data about vaccinations to Pfizer in return for a consistent supply of doses. Both moves were criticized for potentially crossing ethical and privacy boundaries .

But most vocal criticism about Israel’s vaccine rollout has been reserved for how it has left out Palestinians – while at same time including vaccines for Israeli settlers living in settlements considered illegal under international law on same occupied territory.

Israel is recognized by major global bodies – including International Court of Justice , United Nations and International Committee of Red Cross – as occupying power in West Bank and Gaza Strip, home to more than 5 million Palestinians.

So what obligations does Israel have to Palestinians under international law? And specifically, does Israel have a role to play in vaccinating Palestinians living in occupied territories?

From Geneva to Oslo

For deces, Palestinian health efforts have been hampered by restrictions of Israeli occupation, especially by movement restrictions within West Bank and nearly 15-year blocke of Gaza Strip. A 2017 report from World Health Organization ted that health of Palestinians has been “uniquely affected by occupation.”

As an occupied population, Palestinians are conferred a series of protections under Fourth Geneva Convention of 1949. Aside from protections for health, hygiene, and or living conditions, convention specifies that agreement between parties supersedes its protections while occupation continues. This would include Oslo Accords, signed in 1995 as an interim agreement.

Yet some observers have suggested that Israel longer has a duty toward Palestinian health, citing articles in Oslo Accords that hold that responsibility for health would be transferred to Palestinians.

But even under Oslo, re is a distinction between responsibilities for standard medical care and for epidemics. accords stipulate that routine vaccines for Palestinians – such as hepatitis B, polio and MMR – are t Israel’s responsibility. But in cases of epidemics and contagious diseases , both sides need to “cooperate in combating m.”

Conditions ripe for virus spre

Cooperating makes sense. occupation has rendered Palestinians dependent on Israel for health care since even before COVID-19 . While Palestinian Authority does operate a Ministry of Health , it does t control its borders – a significant obstacle for a functional health system. Israel must approve all imports to Palestinian land, including medical supplies, even those donated by humanitarian organizations . In case of vanced medical equipment like PET scanners or riorapy equipment , Israel bans m entirely as part of a “ dual use ” policy that assesses m as security risks. As a result, thousands of Palestinians with cancer and or ailments requiring specialized treatments must apply for medical permits to enter hospitals in Israel or East Jerusalem every month.

Years of occupation and blocke have left Palestinians dependent on foreign aid to prop up ir ecomy and health system. This means Palestinians cant afford high rate Israel paid for vaccines, and are inste waiting on shipments from Russia, donations through World Health Organization’s COVAX program for lower-income countries, and a handful of small deals me with major pharmaceutical companies. ne of se h arrived as of Feb. 1.

Aside from legal – and moral – obligations, re are many pragmatic reasons Israel would want to vaccinate Palestinians quickly. Israel is less likely to reach herd immunity if Palestinians are delayed in being vaccinated. re are nearly 500,000 Israeli settlers living among Palestinians in West Bank. Aside from being stationed at border crossings and checkpoints, Israeli soldiers directly interact with Palestinians in home raids and home demolitions , which continue during COVID-19 pandemic. Furr, more than 100,000 Palestinians enter Israel every day to work, primarily in construction, most continuing to do so even during pandemic .

(Im credit: AP)