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GS Paper: GS2

  • Italian Marines case judgement could set a dangerous precedent

    The tribunal’s judgement in the Italian marines case was in Italy’s favour. But the basis used in the judgement could set a wrong precedent. India also ensures a fair trial against the marines in Italy. So, what would be the wrong precedent and why would be trial against marines will continue in Italy? Read to know…

    Background

    • On February 15, 2012 two Italian marines were held for killing two Indian fishermen
    • Fishermen were in India’s Contiguous Zone, 20.5 nautical miles off the Kerala coast.
    • And the marines were part of a security contingent on the Enrica Lexie, an Italian commercial oil tanker.

    What is said in the judgement

    • The tribunal was established by the International Tribunal for the Law of the Sea (ITLOS).
    • ITLOS was under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).
    • Only the operative portion of the tribunal’s award is available till now.
    • It held that the marines were entitled to immunity in relation to the acts that they committed.
    • The tribunal also said that India is precluded from exercising its jurisdiction over the Marines.
    • However, the tribunal found that by firing on the fishermen Italy was guilty of “violating India’s freedom and right of navigation”.
    • The tribunal majority agreed with the Italian plea that the marines had immunity for they were state officials.

    The judgement could set the wrong precedent

    • India’s stand was that UNCLOS is not concerned with issues relating to immunity.
    • Immunity of state officials has to be governed by specific multilateral or bilateral treaties or agreements.
    • It should not be invoked to settle issues of jurisdiction.
    • Even if Italian marines are considered as state officials, they were serving on a commercial vessel.
    • Italy did so unilaterally without the cover of any multilateral or bilateral arrangement.
    • There is no convention that such persons as the marines in such cases are immune from local criminal jurisdiction.
    • Only heads of states, heads of governments and foreign ministers customarily enjoy immunity abroad apart from accredited diplomats who are covered by the
    • Countries may now enact specific laws to give immunity to their military and para-military personnel and others by declaring them state official.
    •  This can lead to an increase in tensions generally and especially between inimical states.

    What should be the next course of action for India

    • Indian government should ensure that Italy is made to pay fully for the loss of life and the suffering it has caused in this matter.
    • The government should also ensure that it closely monitors the case proceedings in the Italian court against two marines.
    • This is also a time for the executive and judicial branches of the Indian state to introspect on how they handled the whole affair politically, diplomatically and legally.

    Consider the question “The judgement of the International Tribunal for the Law of the Sea in Italian marines case was based on the immunity of state officials. What could be the implication of invoking immunity of state official in this judgement? What should be the next course of action for India?”

    Conclusion

    As a good international citizen, India has accepted the tribunal’s award. Now it must ensure that Italy fully honours it. The matter remains open.

  • Ladakh and its Geo-strategic Importance

    With the long-standing border standoff with China, Ladakh, a rugged, high-altitude region that is generally far removed from the lives and imagination of most Indians, has become part of our daily conversations and worries.

    Let’s have a look at a short primer on the region, its history, and some of the places where Indian soldiers are locked in conflict with the Chinese army. Try remembering its geographical features.

    Ladakh through the History

    • Lying between the Kunlun mountain range in the north and Himalayas to the south, Ladakh was originally inhabited by people of Indo-Aryan and Tibetan descent.
    • Historically the region included the valleys of Baltistan, Indus, and Nubra, besides Zanskar, Lahaul and Spiti, Aksai Chin, Ngari and Rudok.
    • Located at the crossroads of important trade routes since ancient times, Ladakh has always enjoyed great geostrategic importance.
    • At the beginning of the first century AD, Ladakh was part of the Kushan Empire. Till the 15th century, it was part of Tibet and was ruled by dynasties of local Lamas.
    • Later it changed hands multiple times, alternating between the kingdoms of Kashmir and Zhangzhung.
    • In 1834, Gen Zorawar Singh, a general of Raja Gulab Singh who ruled Jammu as part of the Sikh empire, extended the boundaries of Maharaja Ranjit Singh’s kingdom to Ladakh.

    Partition, Pakistan and Chinese occupations

    Immediately after India’s Partition, tribal raiders (the disguised Pakistani Army) attacked Ladakh. They captured Kargil and were heading for Leh when they were confronted by the Indian Army, who got back Kargil.

    • Although India has always considered Aksai Chin to be part of Jammu and Kashmir, in the 1950s the Chinese built a highway, called western highway or NH219, connecting Tibet with Xinjiang through this region.
    • It was always more easily accessible to the Chinese than to the Indians, who were across the Karakoram.
    • India learnt of this road in 1957, and it was one of the causes of the 1962 India-China war, after which China strengthened its control over this region.
    • China today claims Aksai Chin to be part of Hotan County of its Xinjiang province.
    • Pakistan ceded the Shaksgam Valley, which was part of the Baltistan region north of the Karakoram, to China following a Sino-Pakistani agreement signed on March 2, 1963.

    Ladakh through the Chinese eyes

    • China’s forays into the region began after the 1949 Communist Revolution, when Chairman Mao Zedong, a veteran of guerrilla warfare, began consolidating China’s periphery as part of his expansionist designs.
    • The PLA occupied Tibet in 1951 and then began to eye Ladakh.
    • The reason was that the road connecting Kashgar in Xinjiang to Lhasa in Tibet had to pass through Aksai Chin, which was held by Indians but was seldom patrolled by them.

    Galwan Valley in the limelight

    • The Tibetan revolt of 1959 and the Dalai Lama’s flight to India saw China further strengthening its military presence in Ladakh to ensure the security of NH 219.
    • India reacted with its ‘forward policy’ as part of which it began setting up Army posts in the region to prevent Chinese expansion.
    • This resulted in the initial clash between the Indian and Chinese forces in the Kongka Pass area in 1959.
    • Later, Galwan Valley became the scene of action when the Indian Army established a post to cut off the Chinese post in the Samjunjling area, marking the beginning of the 1962 war.

    Pangong Tso: The contested lake

    • In the latest face-off, Indian troops first spied the Chinese on the banks of Pangong Tso.
    • This lake, which is one-third in India and two-thirds in China, is of great tactical significance to the Chinese who have built infrastructure along both its sides to ensure the speedy build-up of troops.
    • Chinese incursions in this region aim at shifting the LAC westward so that they are able to occupy important heights both on the north and the south of the lake, which will enable them to dominate the Chushul Bowl.
    • The narrow Chushul valley, which lies on the road to Leh with Pangong Tso to its north, was an important target for the Chinese even during the 1962 war. It was here that the Battle of Chushul was fought.

    Strategic SSN: To the far north

    • The area spanning Galwan, Depsang plateau, and Daulat Beg Oldie (DBO), is called Sub-Sector North (SSN).
    • This enclave that lies to the east of the Siachen glacier is of immense significance given its proximity to the Karakoram Pass, close to China’s western highway or NH 219 going to Aksai Chin.
    • It’s the SSN that provides land access to Central Asia through the Karakoram Pass.
    • Domination of this area is also crucial for the protection of the Siachen glacier, lying between the Saltoro ridge on the Pakistani side and the Saser ridge close to the Chinese claim line.
    • The Galwan heights overlook the all-weather Durbuk-Shyok-Daulat Beg Oldie (DSDBO) Road, which connects Leh to DBO at the base of the Karakoram Pass that separates China’s Xinjiang Region from Ladakh.
    • Domination over these heights allows China to easily interdict this road.

    Why is China stubborn on Galwan?

    • Occupation of Galwan will neutralize the tactical advantage India gained by building the all-weather Durbuk-DBO road over the last two decades.
    • Last year, the Border Road Organisation (BRO) made this rugged terrain even more accessible by completing the 430-metre-long bridge across the Shyok River.
    • With this, the Darbuk route to DBO became available round the year, and the travel time of troops to the SSN was halved.
    • It was this bridge, coupled with the ongoing work on a link road to LAC in this area, prompted the PLA to enter Galwan.

  • Prerak Dauur Samman

    The Ministry of Housing & Urban Affairs (MoHUA) announced a new category of awards titled ‘Prerak Dauur Samman’ as part of Swachh Survekshan 2021.

    Try this question:

    Q. The Prerak Dauur Samman recently seen in news is related to:

    a) Swachh Bharat b) Literature c) Health Services d) Visual Arts

    Prerak Dauur Samman

    • The Prerak Dauur Samman has a total of five additional subcategories -Divya (Platinum), Anupam (Gold), Ujjwal (Silver), Udit (Bronze), Aarohi (Aspiring) – with top three cities being recognized in each.
    • In a departure from the present criteria of evaluating cities on ‘population category’, this new category will categorize cities on the basis of six select indicator wise performance criteria which are as follows:

    1) Segregation of waste into Wet, Dry and Hazard categories

    2) Processing capacity against wet waste generated

    3) Processing and recycling of wet and dry waste

    4) Construction & Demolition (C&D) waste processing

    5) Percentage of waste going to landfills

    6) Sanitation status of cities

  • Making justice accessible through live streaming

    Livestreaming of the judicial proceeding goes a long way in increasing the access of justice which is granted under Article 21. This article examines the evolution in judiciary and making justice accessible.

    Judiciary adapting to changes

    •  As the lockdown began, the Court had to quickly find the technology and create protocols for virtual courts and e-hearings.
    • Before this, there was an open courtroom that the public could access.
    • This protected the right to access justice, guaranteed under Article 21 of the Constitution.

    Access to justice without physical classroom

    • Now that the Court is proactively adopting technology, it must expand the right of access to justice by live-streaming proceedings.
    • Further, court proceedings must also be documented and preserved for future generations.
    • Both audio-visual recordings and transcripts of oral arguments should be maintained for this purpose.

    Evolution of access to court

    • The Supreme Court maintained no public record of its own proceedings in the past.
    • Nor were its proceedings broadcast live for public viewing.
    • Over time, security concerns meant that the public could only enter courtrooms in the SC with a pass.
    • Due to space constraints, law students were not permitted to enter courtrooms on Mondays and Fridays when the Court heard fresh matters.

    A case that led to live broadcast of the proceedings

    • In its 2018 judgment in Swapnil Tripathi v Supreme Court of India, the Court recommended that proceedings be broadcast live.
    • The SC held that live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.
    •  Justice DY Chandrachud noted that open courts help foster public confidence in the judiciary.
    • Further, publishing court proceedings is an aspect of Article 129, per which the Supreme Court is a court of record.
    • Journalists, young lawyers, civil society activists and academics would all benefit from live streaming, the Court opined.
    • The guidelines proposed live-streaming cases of constitutional and national importance as a pilot project including Constitution Bench cases.
    • Matrimonial cases and those involving national security could be excluded.

    Recording the proceedings- Examples

    • Internationally constitutional court proceedings are recorded in some form or the other.
    • In Australia, proceedings are recorded and posted on the high court’s website.
    • Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.
    • The Supreme Court of the US does not permit video recording, but oral arguments are recorded, transcribed, and available publicly.
    • Democracies aside, in China, court proceedings are live streamed from trial courts up to the Supreme People’s Court of China.

    India stands alone

    • India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings.
    • Court hearings can be turning points in the life of a nation: ADM Jabalpur comes readily to mind.
    • More recently, there are a number of cases where the Supreme Court’s judgments have changed citizens’ lives — Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Steps to make justice accessible

    • The Court started providing vernacular translations of its judgments.
    • Non-accredited journalists were permitted to live-tweet court proceedings.
    • During the lockdown, journalists have been permitted to view virtual court proceedings in real time.
    • If that technology is available, it could be extended to members of the public, who can then view court proceedings themselves.
    • Due to pandemic for the next few years, Indian courts will have to adopt a combination of virtual and in-person hearings.

    Consider the question “Live-streaming and recordings of the court proceeding helps in reinforcing the public faith in the judiciary. Comment.”

    Conclusion

    Openness and transparency reinforce the public’s faith in the judicial system. Livestreaming and recording of the proceeding will open the door to ensure the same.

  • In an uncertain world a seat at the UNSC

    As a non-permanent member of the UNSC for the next two years, India will have to navigate through a tumultuous world. Anti-terrorism will be top priority for India.

    India at UNSC

    • India will be back in the United Nations Security Council for a two-year term beginning January 1, 2021.
    • Two-year term will be a critical time in the history of the UN.
    • It is hoped that by then COVID-19 will have subsided, a U.S. President will have been elected.
    • And the contours of a new world order may have emerged.

    How elections take place

    • The basic contest for the non-permanent seats takes place in the respective regional groups and their sub-groups.
    • Voting in the General Assembly is to fulfil the requirement of countries having to secure a two-thirds majority of the member states.
    • But regional endorsement is becoming difficult.
    • Last time, it was Kazakhstan which vacated the place for India.
    • This time, it was Afghanistan. India could not have got the endorsement without such gestures from friendly countries.

    What will be India’s priorities as a member of UNSC

    • India will continue to provide leadership and a new orientation for a reformed multilateral system.
    • How far the UN will be able to reform itself in the new situation remains uncertain.
    • The UN did not succeed in either defining terrorism or in adopting the Comprehensive Convention on International Terrorism.
    • Counter-terrorism will be one of the highest priorities for India at the UNSC.

    Permanent member of India issue

    • India’s election as a non-permanent member has understandably ignited the hope that its quest for permanent membership.
    • Nothing is farther from the truth.
    • Seeking to amend the Charter to add new permanent members is difficult task.
    • None of the proposals has the possibility of securing two-thirds majority of the General Assembly and the votes of the five permanent members.
    • A majority of the UN members are against the privileges of the permanent members, particularly the veto.
    • India’s performance in the Council will not lead to its elevation to permanent membership as the opposition to any expansion is not India-specific.

    Role of India as non-permanent member

    • The non-permanent members have a collective veto over every resolution in the Council.
    • As a part of collective veto, India will have a higher profile at the UN for the next two years
    • Permanent members can prevent the adoption of resolutions by themselves through veto.
    • But they need at least nine votes to get a resolution passed.
    • India will also have a rare peep into the consultations chamber of the UNSC, which is closed to non-members of the Council.
    • India will get involved in many issues in which it may not have any direct interest.
    • Since India does not have a veto, it shall have to proceed cautiously not to offend anyone.

    Consider the question “India has been chosen as the non-permanent member of the UNSC and will be there at the critical time in the history of the UNSC. What should be India’s priority and approach as a member of the UNSC?”

    Conclusion

    India’s mission in New York has earned a reputation that it is next only to the permanent members in influence. But whether it will be able to deal with traditional challenges in novel ways will depend on the turns and twists in an uncertain world.

  • What are Containment Zones?

    In the current pandemic, all interventions are primarily geared towards reducing people-to-people contact, and thus breaking the chain of transmission to the extent possible. The demarcation of containment zones, which works at a more micro level, is likely to remain as long as the disease is spreading.

    Practice question for mains:

    Q.Discuss how the preemptive lockdowns imposed during earlier phases of coronavirus pandemic has led to reduced casualties in India.

    What are Containment Zones?

    • The lockdown, implemented in five phases, worked at the national level, while the classification of red, orange and green districts operated at the state and inter-district levels.
    • Demarcation of containment zones is done within a town, village, or municipal or panchayat area.
    • Neighbourhoods, colonies, or housing societies where infected people live are sealed, and access is restricted.
    • Containment zones are where the restrictions on movement and interaction are the most severe.
    • In many cities, the entire demarcated area is barricaded and the entry and exit points closed. Only the very basic supplies and services are allowed inside.

    Who defines the containment zones?

    • It is the district, town or panchayat authorities that decide which areas have to be marked as containment zones, how large they would be, and what kind of restrictions would apply.
    • The rules for the national lockdown, for example, were set by the central government, while the state governments decided what restrictions to impose on districts.
    • The district administration, Municipal Corporation or panchayat bodies exercise a great deal of discretion in the demarcation of containment zones.
    • The definition and time period vary and are continuously reviewed and updated.

    How are they demarcated?

    • The parameters used are similar, but the exact criteria applied to vary, and usually depends on local conditions. These have also evolved with time, and are under constant review.
    • In general, containment zones are getting smaller with time as the number of cases is increasing — from entire localities to colonies or neighbourhood, to streets and lanes, to particular buildings, and now just particular floors.
    • As of now, in Delhi, a containment zone is declared if three or more infections are detected.
    • The perimeter of the containment zone is also different in different cities.

  • Timbuktu: The faraway land

    Timbuktu is a western African city whose name is a metaphor for a place too exotic and remote to even imagine, now is in the grasp of Covid-19.

    Try this question from CSP 2018:

    Q.Very recently, in which of the following countries have lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts?

    (a) Angola and Zambia

    (b) Morocco and Tunisia

    (c) Venezuela and Colombia

    (d) Yemen and South Sudan

    Timbuktu

    • Timbuktu is a city in Mali, situated 20 km north of the Niger River.
    • The mystique of Timbuktu owes a lot to its inaccessibility, which continues even today.
    • It is located on the southern tip of the Sahara desert where there is nothing but thousands of miles of barren desert to its north.
    • It was a regional trade centre in medieval times, where caravans met to exchange salt from the Sahara Desert for gold, ivory, and slaves from the Sahel, which could be reached via the nearby Niger River.

  • Role played by judiciary in curbing police violence

    Judiciary has played a significant role in tackling the problems of police violence. Yet, we come across some incident of violence intermittently. So, what went wrong? And what needs to be done? These issues are addressed in this article. 

    Role played by judiciary

    • Supreme Court’s interventioned against police violence came through in cases such as Joginder Kumar v. State of UP [1994] and D.K. Basu v. State of West Bengal [1997].
    • In these cases, guidelines to secure 2 rights – a right to life and a right to know – in the context of any state action were issued.
    • Through these guidelines, the Court sought to curb the power of arrest.
    • It also ensured that an accused person is made aware of all critical information regarding the arrest.
    • Information of arrest also has to be conveyed to friends and family immediately in the event of being taken in custody.
    • It took a decade, and in the form of amendments, as the Code of Criminal Procedure (Amendment) Act, 2008 to give statutory backing to these judicial guidelines.
    • It remains part of the law today.

    Significance of Prakash Singh Case

    • The Supreme Court went even further in the case, Prakash Singh v. Union of India [2006].
    • In this case, it pushed through new legislation for governing police forces to be passed by States across India.
    • A key component of the new legislation was a robust setup for accountability that contemplated a grievance redress mechanism.
    • However, several States are yet to legislate on the matter and remain in contempt of the Supreme Court’s judgment.

    Scientific investigation

    • Judiciary has supported techniques such as narcoanalysis, ensuring video recording of investigations, passing orders for installing closed-circuit television cameras inside police stations.
    • Through technology, one can hope to reduce the need for interacting with the body as a source of evidence.
    • But how often police employ physicality to obtain evidence will remain the deciding factor.

    Impeding issues

    • Despite all this, there are reports suggesting that across India there are as many as five custodial deaths a day.
    • Presence of continued institutional apathy towards the issue of police reform.
    • Judiciary’s approach of simply passing directions and guidelines, has proven to be a failure.
    • It is the ordinary magistrate, and not the constitutional court, who is the judicial actor wielding real power to realise substantial change in police practices. Hence, poor change.
    • There is a gap between the highest court and the lowly police officer in India.
    • Studies show despite criminal laws being struck down as unconstitutional, they continue to be enforced in various parts of the country by local police.

    What can be done?

    • Constitutional courts could reorient their guidelines to try and change the practices of magistrates.
    • It is the local magistrate before whom all arrested and detained persons must be produced within 24 hours.
    • Thus, magistrate becomes the point of first contact for a citizen with the constitutional rule of law.
    • The overworked magistrate, struggling with an ever-exploding docket, is very often in a rush to get done with the remand case.
    • This need to change with more involvement of Constitutional courts.

    Consider the question “Custodial torture is an anathema to democracy. Examine the issues related to custodial torture and how is it against the basic fundamental rights? What steps should be taken to prevent such acts by the police functionaries?”

    Conclusion

    The repeated instances of custodial deaths and tortures point to the inadequacies of the legal framework and lack of implementation. So, there is an urgent need for plugging the loopholes and some changes in approach.

  • Crisis facing the global order

    The corona crisis has laid bare the fissures in the global order. This article examines the four issues that are principal global challenges. Pandemic has accentuated these challenges.

    Principal global challenges

    • 1) Geopolitical tensions 2) Climate crisis. 3) Global mistrust. 4) The dark side of the digital world —  are four issues which U.N. Secretary-General Guterres listed as primary threats.
    • The four challenges have, for now, been overshadowed by the corona pandemic crisis.

    1.Climate change challenge

    • The drop in emissions in 2020 is projected to be about 8 per cent down on last year.
    • This drop will just put us on track to where we should be if we are to reach the Paris agreement goal of limiting warming to 1.5 C.
    • The threat of climate change, although raising its head again, has been constrained.

    2.Digital space and its dark side

    • Cyberspace has been a digital saviour during the corona crisis.
    • Virtual communications enhanced through various services, new apps, expanded coverage has been key to enhanced virtual lives for millions by increase of the avenues for working from home, video chat connectivity and online delivery of goods.
    • Companies that have deftly used cyberspace have prospered the most: Amazons net capital gain has been over $400 billion in 2020.
    • However, a surge in cybercrime and cyber fraud is anticipated, if not there already.
    • The logic being that cyberspace use has expanded without commensurate growth in security features.
    • Thee are dire projections of an impending “cyber Pearl Harbour”.

    3.Geopolitical tensions

    • Accentuation of geopolitical tensions during the corona crisis is well-documented.
    • The US-China relationship was already deteriorating, the blame game over the virus has exacerbated it.
    • The brazen behaviour of China in matters relating to Taiwan, Hong Kong, Australia, South China Sea and the India-China border has added to the inflammable state of geopolitics.
    • Rarely has the world seen such paucity of international cooperation since World War II.
    • The unravelling of the international institutions and partnerships that have been built since World War II is stark.

    4.Trust deficit among states

    • Trust amongst states has plummeted to its worst since World War II.
    • When faced with corona crisis shortages, almost all EU states responded at the national level.
    • Globally, at one time, more than 70 per cent of the world’s ports of entry — air, sea and land — restricted travel.
    • According to a Global Trade Alert study, nearly 90 governments blocked the export of medical supplies while 29 restricted food exports.

    Efficiency to self-sufficiency

    • Lack of trust is also impacting diversified supply chains.
    • The corona crisis is driving a shift from efficiency to self-sufficiency.
    • Japan is paying companies to relocate factories from China.
    • President Emmanuel Macron has pledged “full independence” for France in crucial medical supplies by year-end.
    • Prime Minister Modi has called for self-reliance and being vocal for local in India.
    • In the US, support for “Buy American” benchmarks for government health spending has growing bipartisan support.

    India’s role

    •  Challenges that transcend borders are of cardinal importance to India’s well being.
    • It is, therefore, time to conceptualise, in concrete terms, pathways to address them.
    • This will need to include our envisaging the new order and India’s own role in it as well as who our partners in this venture are to be.
    • Others are already working on their game plans.

    Consider the question “The cracks in the global order were apparent but the pandemic has accentuated the challenges to the global order. In light of this, examine the challenges to global order is facing the role that India should play.”

    Conclusion

    If India wants to be “rule shapers” rather than being “rule takers”, then we need to start working in partnership at blueprints for change. It is never too early to plan for the future

  • West Bank Annexation Plan

    Israeli PM Benjamin Netanyahu confirmed that the Israeli leader’s plan to annex parts of the occupied West Bank would not start on the original target date as the British PM made an extraordinary appeal to Israel to call off the plan.

    The strategic location of Gaza strip, West Bank, Dead Sea etc. creates a hotspot for a possible map based prelims question. 

    Consider this PYQ from 2015 CSP:

    Q. The area known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to:

    a) Central Asia
    b) Middle East
    c) South-East Asia
    d) Central Africa

    Must read:

    [Burning Issue] West Asia Peace Plan

    Where is West Bank Located?

    • The West Bank is located to the west of the Jordan River.
    • It is a patch of land about one and a half times the size of Goa, was captured by Jordan after the 1948 Arab-Israeli War.
    • Israel snatched it back during the Six-Day War of 1967 and has occupied it ever since.
    • It is a landlocked territory, bordered by Jordan to the east and Israel to the south, west, and north.
    • Following the Oslo Accords between the Israeli government and the Palestine Liberation Organization (PLO) during the 1990s, part of the West Bank came under the control of the Palestinian Authority.
    • With varying levels of autonomy, the Palestinian Authority controls close to 40 per cent of West Bank today, while the rest is controlled by Israel.